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Theory Of Title: When Does Title To Real Property Transfer In The State Of Arkansas

Theory of Title: When does title to real property transfer in the State of Arkansas?

By: Joyce Gray

November 19, 2007

Due: November 17, 2007

UNIV 4995 Senior Project

Senior Project Proposal Guideline: Literature Review, Rough Draft

Abstract

This research is conducted on The Theory of Title:   When does title to real property transfer in the State of Arkansas.   The research reviews general arguments regarding the three theories of the transfer of title of real property throughout the United States and specifically examines title transfer within the State of Arkansas.   The State of Arkansas was selected as the example state because of its proximity to surrounding states of Tennessee, Mississippi, Missouri, and Okalahoma and the frequency in which individuals change their residency between the surrounding States.   The research examines the type of real estate transfer theory practiced in the State of Arkansas by reviewing relevant case laws, mortgage practices and supplementary materials dealing with contract law and collection of rents.   The literature tends to suggest that Arkansas does that follow any particular lien theory and utilizes a combination of each of the three lien theories.

The Outline

I. Introduction

II.   General definitions of three theories governing title transfer in United States of America:

a.   Title theory.

b.   Lien Theory

c.   Intermediate theory


III General effects of theories in practice

a. Effects for the lender

b. Effects for the borrower

IV.   Transfer of title in the State of Arkansas

a. Prevalent theory used in State of Arkansas

b. Review of laws and regulation governing transfer of title in Arkansas
.


V. Conclusion





INTRODUCTION

Throughout the United States the rate of housing foreclosures or mortgage defaults continues to rise at an alarming rate.   This rise in foreclosures and mortgage defaults in many instances can be attributed to a...