Equitable title

Equitable title is a title indicating that its holder has a favorable interest in the property and entitles its holder to acquire formal title to it.

Equitable title remains with the seller until the actual conveyance takes place at closing. Having equitable title means the buyer only has a contract for deed that gives the rights of possession and use while the seller keeps the legal title during the contract term.

If the buyer defaults, the seller can evict the buyer and keep all the money the buyer has already paid, which is construed as rent.

An ownership interest held by one who does not have legal title to a property.

The doctrine also applies in other circumstances where fairness requires that the "true" owner of the property be protected against adverse action by the holder of bare legal title.


 

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