Which instrument creates a lien?

Study for the Burk Baker National Test. Use flashcards and multiple choice questions with hints and explanations to prepare effectively. Get ready for your exam!

Multiple Choice

Which instrument creates a lien?

Explanation:
A lien is created when the property is pledged as security for a loan, and the instrument that does this in real estate is a mortgage or a deed of trust. These documents attach a security interest to the real estate, giving the lender a legal claim on the property if the loan isn’t repaid, and they’re typically recorded to be enforceable against others. A deed, by contrast, transfers ownership and does not secure a debt by itself. A lease merely grants possession for a term and does not create a security interest in the property. An option to purchase provides a future right to buy but does not establish a lien on the property unless paired with another instrument that creates a security interest.

A lien is created when the property is pledged as security for a loan, and the instrument that does this in real estate is a mortgage or a deed of trust. These documents attach a security interest to the real estate, giving the lender a legal claim on the property if the loan isn’t repaid, and they’re typically recorded to be enforceable against others. A deed, by contrast, transfers ownership and does not secure a debt by itself. A lease merely grants possession for a term and does not create a security interest in the property. An option to purchase provides a future right to buy but does not establish a lien on the property unless paired with another instrument that creates a security interest.

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