These are the title theory states:
Alabama* Alaska. Arizona. California. Colorado. Washington D.C. Georgia. Idaho.One may also ask, is Utah a lien theory state? Utah primarily operates as a title theory state where the property title remains in trust until payment in full occurs for the underlying loan. Utah law also permits mortgages to serve as liens upon real property and for judicial foreclosures to occur through the courts.
People also ask, what is a lien theory state?
In a lien theory state, the buyer holds the deed to the property during the mortgage term The buyer promises to make all payments to the lender and the mortgage becomes a lien on the property, but title remains with the buyer. The Deed of Reconveyance removes the lenders interest in the property.
Is California a lien theory state?
It is settled law that California is a “lien” and not a “legal title” theory 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.
