| Interstate Land Sales Full Disclosure Act |
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| In 1968, Congress enacted the Interstate Land Sales Full Disclosure Act, 15 U.S.C.S. § 1701 (1998). In enacting the law, it was Congress' purpose to eliminate fraud in interstate sales of land. Briefly stated, the law requires certain disclosures in connection with the sale of vacant land. Despite numerous challenges since its enactment, the Interstate Land Sales Full Disclosure Act has passed constitutional muster.
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| Judgment Liens and Other Types of Liens against Real Property |
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| Most agreements for the sale of real estate contain a clause that requires the seller to convey "marketable title" or "merchantable title" to the buyer. In essence, "marketable title" refers to a title free of encumbrances. A lien is an encumbrance upon real property, and the existence of a lien on real property renders the title unmarketable. More... |
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| Prohibition of Discrimination in the Sale or Rental of Real Estate |
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| The Fair Housing Act, which can be found at 42 U.S.C.S. § 3601 et seq., prohibits discrimination in the sale or rental of real estate on certain enumerated bases. More... |
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| Possession |
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| An owner of property retains ownership of that property even though the owner has lost or misplaced the property. However, anyone who finds and possesses the lost or misplaced property retains a right to possess it against everyone except the true owner.
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| Transfers or Assigments of Mortgages |
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| In the real estate finance industry, it is not uncommon for a mortgage loan to be sold one or more times during the life of the loan. When a mortgage lender transfers or assigns its interest in a mortgage loan to another party, some type of written document must be filed to put others on notice of the transfer. More... |
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