You know what information you need, but sometimes the terminology used to find public records can make it difficult to ask for or find what you’re looking for. Without an understanding of the terms used by the office, your search may be extended and unnecessarily frustrating. To get you started, we’ve provided some commonly confused terms that reference documents held at the office.
Abstract of judgment: A document summarizing the decision made by a judge regarding how much a person (the defendant) will owe the plaintiff, who is usually a creditor or lien holder. It contains information regarding any legal fees and rules regarding how and when the payments will be made.
Affidavit: A document declaring that a certain (listed) set of facts has been confirmed and sworn to by the people listed in the document.
Bond: A document that serves as proof of debt and includes clear terms of repayment. These are often taken out to ensure work is completed according to a contract or as proof that a title or claim is legitimate.
Contract: A legally binding document containing terms that two parties agree to uphold for a prescribed period of time.
Deed: A real estate document that declares or transfers property ownership from one party to another.
Deed of trust: A deed that is given over to a trustee in order to provide security against a promissory note. It is similar to a mortgage, and used more often in some states.
Easement: This document gives the listed parties the right to use or cross into someone else’s land for a specified reason.
Informal marriage license: Also known as a “common law marriage,” this license is granted to individuals who claim a certain prior date as the date that will be listed on their marriage certificate. It is recognized as a legally binding marriage.
Lis pendens: Notice of a pending lawsuit regarding the defendant’s property, which may be subject to judgment.
Quit Claim Deed: A document recognizing the transference of a deed in which the former deed holder relinquishes any claim in the real estate.
Right of way deed: Provides a legal means for a party (governing body) to gain access to private property. It is different from an easement because the document grants access to the government rather than an individual.
Small estate affidavit: A probate court document that allows for the dispersal of a decedent’s estate that is valued under a sum of $50,000. The document lists distributees, amounts and court approval.
Warranty deed: A document that guarantees ownership by the grantee even in the midst of alternative claims of ownership.
The legal terminology of documents that are stored at a county clerk’s office can be confusing, but sometimes it takes just a little bit of research to understand where to look for certain filings and documents. If you have any questions or confusion surrounding what document you are looking for, contact your county clerk’s office for clarification and direction or check out the glossary provided by CourthouseDirect.com.
