Real Estate Terminology

The following is a list of some documents that may be recorded if they meet all requirements, and a description or definition of each document.  

The descriptions are general and are not intended to be complete legal definitions.  If you wish to use any particular document, we suggest that you consult a real estate professional or an attorney.

    A court issued money judgment to secure payment to the judgment creditor and when recorded, it creates a general lien on real property of the judgment debtor in the County in which the abstract is recorded.

    A document recorded to verify the death and identify the decedent as a former interest holder in specifically described or referred to real property.

    The transfer / sale of a Deed of Trust (loan or debt) from the current lender (beneficiary) to a new beneficiary, which gives them the right to collect the payment of the debt.

    A document recorded by either a homeowner or head of household on his primary residence to protect his home from forced sale in satisfaction of certain types of creditor's claims.

    An instrument that secures a debt, the repayment of the loan/mortgage encumbered by real property.  This is the three party document; the borrower (trustor), the beneficiary (lender), and the trustee who holds title to real property under the terms of a deed of trust.

    It is the form of deed, common in California, which contains implied warranties to the effect that the grantor has not previously conveyed or encumbered the real property.

    To evidence the conveyance of real property for a term of years and a contract of its possession during that term.

    A document recorded to create a lien in favor of persons contributing labor, material, supplies, etc., to a work of improvement upon real property

    A document recorded to evidence that a work of improvement on real property other than public works is completed.

    A notice to show that the borrower under a mortgage or deed of trust is in default (behind in payments)

    A document to evidence that the owner of real property interest will not be responsible for payment of cost of improvements contracted for thereon by some other person.

    A document recorded to notify the public of the foreclosure (sale) proceedings by the Trustee for non-payment or non-performance of the conditions of the deed of trust.

    A document recorded to delegate the authority of the principal to his attorney-in-fact (agent) authorizing another person, to act for him/her in his/her name in a designated capacity.

    It is the form of deed that conveys or releases any interest that the grantor may have acquired in real property.

    The instrument that releases the loan that was a lien against real property.  (Satisfaction of the loan)

    A document where the current lender agrees to makes their encumbrance deed of trust, subject-to (junior) to another loan.

    A document through with the lender (beneficiary), owner, or holder of the note (loan) replaces a new Trustee in the Deed of Trust.

    Deed given by the trustee when the real property is sold under the power of sale in a deed of trust in a foreclosure proceeding.

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