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Equitable Title - The Facts?

By Expert Author: Wade Katin

When somebody has the ownership interested in the real estate property but they don't possess the actual title the term Equitable Title can be applied. Often the particular owner of the real estate property desires protection from the title holders and it is applicable here too. An excellent illustration of this is a payment contract in which the seller continues to have title to the property between the date of the written agreement and the date whenever the title deeds are delivered to the buyer.

In the course of this period of time, the buyer may be regarded as to hold equitable title to the property even though the seller is said to hold bare or naked title which carries no ownership rights. The buyer has the right to demand certain performance of the agreement in a court and may transfer the title by assignment or deed and sell or mortgage the property. On his passing away, the title to the real estate property travels on to his legal heirs.

It is important to understand the distinction between equitable title and legal title especially if you are contemplating the purchase or sale of real estate property. Legal title is a watertight involvement in the property and the legal owner has the proper protection of the law if a 3rd party tries to infringe on his property rights. Legal title gets split up from equitable title when it comes to an installment agreement for the sale of the real estate property and the seller transfers equitable title to the purchaser in exchange for a legal agreement to make repayments promptly. Quite simply, it can be stated that equitable title offers the purchaser with a monetary interest in the real estate property. http://www.trulia.com

It is best to note that this difference doesn't happen in the truth of traditional home loans where bank home mortgages ensure both legal and equitable title. The lending company will continue to hold an interest in the property until the property loan has been totally payed off. Any default on the home finance loan might be punished by property foreclosure. You can think of equitable title as the other side of the coin of legal title. The legal title holder won't be able to reap the benefits of an appreciation in the worth of the real estate property but has got the right to defend his title from infringement. Having said that, equitable title holders must honor the terms and conditions of the written agreement but are in position to benefit from any increase in the worth of the real estate property. Prospective house buyers should be aware of that equitable title does not confer absolute real estate property rights on the buyer.

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