Ch 11 Flashcards
In northern CA, escrow agents =___ companies
In southern CA, escrow agents = independent escrow companies
title insurance
Goals of RESPA:
1) Inform borrowers about ___ costs
2) Eliminate kickbacks and ___ fees
closing
referral
Escrow agents are required by THESE rules to report most sales of real property to the Internal Revenue Service
1099-S
“an escrow agent must use a 1099-s form to report the name of the seller and gross proceeds for most sales of real property”
THIS law requires 15% of the amount realized by the seller to be withheld and forwarded to the Internal Revenue Service if the seller is not a US citizen or resident alien
FIRPTA
FIRPTA = Foreign Investment in Real Property Tax Act
___ prohibits a lender from requiring excessive deposits into an impound account
RESPA
RESPA = Real Estate Settlement Procedures Act
a requirement of RESPA is that a lender cannot require excessive deposits, meaning more than enough to cover expenses as they come due, plus a __-month cushion
2
the purpose of this law is to prevent foreign investors from avoiding their tax liability when they sell property located in the us
FIRPTA
FIRPTA helps the IRS collect income taxes that foreign investors owe on real property sales
withheld funds due to FIRPTA must be sent to the IRS within __ days after the closing date
20
___ Act prohibits lenders from paying kickbacks to anyone for referrals in any federally related loan transaction
RESPA
RESPA prohibits kickbacks and referral fees paid by lenders
Which of the following forms does an escrow agent use to report to the Internal Revenue service the gross proceeds of a sale of real property”
1099-s
A seller’s costs are a $23,400 commission, $396 in excise tax, $650 for a buyers policy of title insurance, $250 in escrow fees, and a $246,000 loan payoff. The seller will receive a $360,000 purchase price and a $350 refund on property taxes paid in advance. How much are the seller’s proceeds?
$89,654
1) purchase price + prop tax refund:
$360,000+$350= $360,350
2) seller’s costs + excise tax + buyers policy of title insurance + escrow fees + loan payoff:
$23,400+$396+$650+$250+$246,000= $270,696
3)
$360,350-$270,696= $89,654
which of the following insurance properties will protect against defects that only an inspection would reveal, such as encroachments or adverse possession?
Extended policy of title insurance