Chapter 10: Real Estate Taxes And Other Liens Flashcards

1
Q

Encumbrance

A

Any charge or claim that attaches to real property and lessons it’s value or impairs its use

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2
Q

Voluntary lien

A

Created intentionally by the properties owners actions, such as when someone takes out a mortgage

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3
Q

Involuntary lien

A

Not a matter of choice; it is created by the law. It may be either statutory or equitable

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4
Q

Statutory lien

A

Created by statute. A real estate tax lien, is an involuntary, statutory lien

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5
Q

Equitable lien

A

Created by a court to ensure the payment of a judgment as well as by agreement

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6
Q

General liens

A

Fax all property, both real and personal

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7
Q

Specific Liens

A

Secured by specific property and effect only that particular property

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8
Q

What are the four ways to create a lien. VISE

A

Voluntary
Involuntary
Statutory
Equitable

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9
Q

Priority of liens

A

Liens take priority from the date that they are recorded in the public records of the county in which the property is located

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10
Q

What lean takes priority as provided by state law but never over tax and special assessment liens

A

Mechanics lien

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11
Q

What is used to achieve uniformity. It may be applied to raise or lower assessments in a particular district or county

A

Equalization factor

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12
Q

Assessed value x equalization factor - exemptions x tax rate = ?

A

Annual tax

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13
Q

General real estate taxes are payable into equal installments in the year after they are levied

A

One half by June 1 in the second half by September 1

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14
Q

Real estate taxes that have remained delinquent for the statutory period Can be collected through what

A

Tax sale

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15
Q

Sometimes called a deed of trust Lane, it is a voluntary lien on real estate given to a lender by a borrower as security for a real estate loan

A

Mortgage lien

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16
Q

A specific, involuntary lien that get security to persons or companies that perform labor or furnish material to improve real property

A

Mechanics lien

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17
Q

How soon after the work is completed can a contractor with unpaid bills enforce their lien rights

A

Four months

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18
Q

Should be collected by the landowner from each contractor and subcontractor to create a continuing record that all lien claimants have released their lien rights

A

Lien waivers

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19
Q

And order issued by a court that settles and defines the rights and obligations of the parties to a lawsuit. Is a general, involuntary, equitable lien on both real and personal property owned by the debtor

A

Judgment

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20
Q

What taxes are general, statutory, involuntary liens that encumber a deceased persons real and personal property

A

Federalist state taxes and state inheritance taxes

21
Q

Lien

A

A charge our claim against property that is made to enforce the payment of money

22
Q

When properly recorded in the county where the real estate of the defendant is located, a judgment becomes?

A

Involuntary lien

23
Q

When a company furnishes materials for the construction of the house and is subsequently not paid, it may file?

A

Mechanics lien

24
Q

What lean does not need to be recorded to be valid?

A

Real estate tax lien

25
When a lien against a parcel of real estate may result from a lawsuit currently before the court, when examining the public records would look for?
A lis pendens
26
A mechanics lien will be properly classified as?
Statutory lien
27
The current market value of the property is $335,000. For tax purposes, it is assessed at 40% of market value. The tax rate is $4 per $100 of assessed value. What is the amount of the tax due?
$5360
28
Under which type a lien can both the real property and personal property of the debtor be sold to pay the debt?
Judgment lien
29
What type of lien is a voluntary lien?
Mortgage lien
30
I mechanics liens are based on?
State law
31
Court orders real estate to be sold to satisfy an unpaid mortgage lien is an action known ass?
Foreclosure
32
Mechanics lien can be filed against an owners real estate by?
A lumber company furnishing materials ordered by the property owner
33
Judgement liens are?
Involuntary liens
34
Property owner contracted to have a heated gazebo constructed on a property. When he did gazebo was finished, the owner refused to pay for the improvement, and the contractor file the lien for nonpayment. This lien was most likely?
Specific lien
35
A property owner has defaulted in the payment of several dots, and the court has ordered his property to be sold to satisfy them. A title search revealed several outstanding liens against the property. What lien would have first priority?
The current years real estate tax lien
36
After the state or county sells real estate in order to satisfy a delinquent tax lien, the default it owner usually has a right to?
Redeem the property within the time specified by the law
37
Normally, the priority of liens is determined by?
The order in which they are filed or recorded
38
What type of liens are specific liens?
Real estate taxes Mortgages Mechanics lien
39
What would be a lien on real estate?
Recorded mortgage
40
When establishing the general rule related to priority of liens?
The date on which the lien was recorded determines priority
41
The current value of the property is $340,000 the property is assessed at 40% of its current value, with an equalization factor of 1.5 applied to the assessed value. If the tax rate is $4 per $100 of assessed value, what is the amount of tax due on the property?
$8160
42
What is the difference between a general and a specific lien?
General lien covers all the debtors property, while a specific lien covers only a certain piece of real property
43
If the market value of the property is $284,500 and the assessment rates ratio is 35%, what are the monthly taxes at the tax rate is 30 Mills?
$248.94
44
Taxes levied on a property owner to help fund the installment of sidewalks or sewers are called?
Special assessments
45
That's that are incurred by an individual and become liens against all real property owned by that person are?
Voluntary liens
46
What do a judgment, Lis pendens notice and a foreclosure have in common?
They're all involuntary liens
47
What would be an example of a general lien?
IRS lien
48
Man owns a principal place of residence and a duplex. He pays the property taxes on his home, but fails to pay the property taxes on the duplex. The man may find that a lien has been placed against his?
Duplex