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Rainmaker
1,306,432
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Candice A. Donofrio's answer applies to Cali as well.

Feb 24, 2019 09:20 AM
Ambassador
3,719,361
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

The mortgagee holds Title to the property in NC so, it's a Title Theory state.

In SC the property acts as security for the underlying loan so, it's a Lien Theory state.

Feb 24, 2019 06:26 AM
Rainer
186,902
Raj Taj
RE/MAX - Lake Bluff, IL
Drive By Blessings!

" "Generally" a corrupt state, reality, not theory."

Feb 24, 2019 05:28 AM
Rainmaker
812,254
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

No generally about it. Arizona is a lien theory state and when we buy property, we the borrower hold title while the lender holds a note and deed of trust secured by the property, recording a lien on the property until it is paid off.

Feb 24, 2019 05:25 AM
Rainmaker
874,582
Doug Dawes
Keller Williams Realty - Topsfield, MA - Georgetown, MA
Your Personal Realtor®

Massachusetts is a Title Theory state

Feb 24, 2019 05:23 AM
Rainmaker
1,230,687
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

 Good luck in Utah classes. 

Feb 24, 2019 10:40 AM
Ambassador
4,251,456
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

No generally - it's Lien Theory. See what Candice A. Donofrio says - it's the same in CA

Feb 24, 2019 09:25 AM
Rainmaker
1,916,816
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

No Pre Licensing questions ! Pls.

Feb 24, 2019 08:00 AM
Rainmaker
2,885,611
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

I've got one for you. 

What does that mean? 

What is the difference between the two?

And speaking in generalities - we either are or we are not. 

I wish you all the best with your studies. 

Feb 24, 2019 07:49 AM
Ambassador
1,185,453
Jerry Newman
Brown Realty, 210-789-4216,www.JeremiahNewman.com - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Texas is known as a title theory state where the property title remains in trust until payment in full occurs for the underlying loan. The document that secures the title is usually called a deed of trust but may also be referred to as a mortgage.

Feb 24, 2019 07:32 AM
Rainmaker
1,592,030
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Lend Smart Mortgage, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

I am glad and frankly surprised that members are reading the answers here.

 

The poor Utah students' heads must be spinning~!

 

Feb 24, 2019 07:18 AM
Rainmaker
785,783
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

The explanation provided by Candice A. Donofrio for Arizona applies to California, also.

Feb 24, 2019 06:44 AM
Rainmaker
3,492,927
Nina Hollander
Coldwell Banker Realty - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

Title. And as far as I know, it either is or isn't... there's no generally about it.

Feb 24, 2019 05:07 AM
Ambassador
4,754,893
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671
Wisconsin is generally known as a lien theory state where the property acts as security for the underlying loan.

Wisconsin Foreclosure Laws - Foreclosure.com


https://www.foreclosure.com/statelaw_WI.html
Feb 24, 2019 12:12 AM
Rainmaker
1,350,105
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Good luck with your studies. 

Feb 24, 2019 06:42 PM
Rainmaker
3,182,382
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

In NH the property is security for the mortgage.

Feb 24, 2019 03:37 PM
Rainmaker
1,168,118
Joyce Marsh
Premier Sotheby's International Realty - Ormond Beach, FL
Premier Sotheby's International Realty

Florida is a lien theory state. 

Feb 24, 2019 11:35 AM
Rainmaker
892,294
Diana Zaccaro
Tropical Beachside brokered by eXp - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

Florida is lien theory. "Generally" does not exist, a state is either one or the other.

Feb 24, 2019 11:17 AM
Rainmaker
5,882,674
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Maryland is known as a lien theory state where the property acts as security for the underlying loan. The document that places the lien on the property is called a mortgage.

Feb 24, 2019 09:10 AM
Ambassador
1,706,708
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Lien.

Feb 24, 2019 07:38 AM
Rainmaker
4,798,831
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Florida is a lien state.

Feb 24, 2019 07:29 AM
Rainmaker
2,557,610
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Lien & mean...if you get caught up in it all

Feb 24, 2019 07:25 AM
Rainmaker
4,919,800
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

It is settled law that California is a “lien” and not a “legal titletheory state when imposing encumbrances/liens against the title of real property. California has a 150-year history of development and evolution in the way its courts have applied legal principles to mortgages and deeds of trust.

Feb 24, 2019 07:06 AM
Rainmaker
3,480,490
Richard Weeks
Dallas, TX
REALTOR®, Broker

Texas is a lien theory state.

Feb 24, 2019 06:52 AM
Rainmaker
5,387,689
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Title....Massachusetts....

Feb 24, 2019 06:39 AM
Rainmaker
456,286
Dan Pittsenbarger
Keller Williams Western Realty - Bellingham, WA
Improving Conditions

Lien theory.

Feb 24, 2019 06:22 AM
Rainmaker
1,618,500
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

lien theory.

Feb 24, 2019 06:19 AM
Rainmaker
1,481,290
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

Washington State is a Title Theory State, as is Utah.  Not that it will make any difference to your real estate career, but it might be interesting for you to write a blog post about the differences.

Feb 25, 2019 09:49 AM
Rainmaker
4,381,679
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Good luck with your studies.

Mar 03, 2019 09:52 AM
Rainmaker
3,474,365
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I do not know, sorry.

 

Mar 02, 2019 09:36 AM
Rainmaker
1,091,805
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Sue savvy state.

Feb 26, 2019 11:01 AM
Rainmaker
4,432,941
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Good luck.

Feb 25, 2019 04:39 PM