DEFEASANCE CLAUSE
A mortgage provision indicating that the borrower will be given the title to the property once all mortgage terms are met. The defeasance clause is not required in states using property liens as collateral for a mortgage. In this sense, the clause is a substitute for collateral. Most states allow property liens when mortgages are issued, and don't follow the common law theory requiring a defeasance clause. In real estate, a lien gives the mortgagee the right to foreclose the property upon default of the terms in order to recoup what was owed.
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Torrens Certificate
Certificate issued by government agencies stating property ownership. The document allows transferring a property without completing the required t ...
Lien
Creditor’s legal right of ownership to take possession or sell the collateral property of debtor who failed to meet the obligations specified ...
Incorporated Trustee
Corporation, normally a bank trust department or trust company, authorized to act as the Fiduciary for a private trust. This is different to an ind ...
Jurisdiction Risk
The inherent risk that arises when doing business in a foreign jurisdiction or when an investor is exposed to perils due to unexpected changes in l ...
Joint Tenants with Right of Survivorship - JTWROS
A brokerage account owned by at least two individuals. All joint owners share equal right to the account’s assets and are given survivorship ...
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