Deed Flashcards

1
Q

Deed Requirements

A
Grantor 
Grantee 
Consideration 
Granting clause 
Accurate legal description of property 
Exceptions
Signature of Grantor 
Delivery and Acceptance
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2
Q

Adverse Possession

A

-Obtain Title via: Actual, hostile, exclusive, visible and continuous possession of the property for 15 years

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3
Q

Grantor Tax

A

Paid by Seller

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4
Q

Recordation Tax

A

Paid by Buyer

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5
Q

Legal Will

A

Transfers title of property through inheritance.

  • must be in writing
  • processed in Probate Court
  • Handwritten is valid if two eye witnesses
  • Testator of sound mind
  • Over 18
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6
Q

Real Estate Settlement Agents Act

RESA

A

RESA
Authorizes licensed Virginia attorneys, title insurance companies and agents, real estate brokers and financial institutions to serve as Settlement Agents
-The settlement agent is made by the buyer

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7
Q

Settlement Agent

A

Obtain a title examination going back at least 60 years

-

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8
Q

Correction Deed

A

Minor errors can be corrected

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9
Q

Quiet Title

A

Court Action to correct a deed via court system

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10
Q

Title Report reveals

A

Title holder of record
Existing lienholders
Easements, covenants and restrictions

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11
Q

Chain of Title

A

History of ownership of property
Traces the historical transfer of ownership from the current owner back to the original owner.
-Not included in standard title search

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12
Q

Deed of trust

A

instrument used to establish collateral in a residential sales transaction
3 parties: borrower, lender (beneficiary) and trustee (third party)

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13
Q

Signed Note & Deed of Trust

A
  • Borrower waives the right to a court hearing in cases of foreclosure.
  • Initiate a nonjudicial forfeiture
  • Both are prepared by a lender.
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14
Q

Late Charges

A

May not exceed 5% of payment due

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15
Q

Types of Home Loan

A

Conforming or Non-Conforming

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16
Q

Fannie Mae and Freddie Mac

A

Conforming
Guidelines set by lender
Regulated by FHFA - sets loan limits

17
Q

VHDA

A

Created in 1972

  • Make housing more affordable to those with low incomes
  • Administers the Virginia Housing Trust fund
  • Funded by sale of bonds in the private sector
  • Builds and operates: residential housing for elderly, nursing care facilities, nursing homes providing medical facilities for elderly
18
Q

Usury Law

A

regulations governing the amount of interest that can be charged on a loan.

19
Q

Closing Costs

A
Allowable closing costs:
loan origination fee
title examination
title insurance
recording charges
taxes
hazard insurance, 
mortgage guarantee insurance, 
appraisals
credit reports
surveys 
document preparation
real estate tax service fees
lender inspection 
attorney or settlement agent charges 
flood insurance coverage
20
Q

Deed of Trust Foreclosure

A
  • Decree of court (strict foreclosure)
  • Deed in lieu of foreclosure
  • Sale by the trustee under the power of sale
21
Q

FHA & VA Loans

A

FHA and VA loans are classified as unconventional loans because they are backed by the government.

22
Q

Statute of Frauds

A

Transfer of real estate be in writing. NO oral contract.

23
Q

Metes-and-Bound & Lot-and Block Method

A

Most common method of describing real estate .

Metes-and-Bound (trees, river, landmarks)

24
Q

Tenants by the entirety

A

Reserved for married couples

25
Q

Condominium Act and POA Act

A
  • prohibits associations from evicting tenants
  • prohibits associations from prohibiting the rental of aunit
  • prohibits associations from demanding a copy of the lease.
26
Q

Virginia Department of Professional and Occupational Regulation

A

DPOR

27
Q

Principal

A

Principal in a brokerage relationship is either the seller or buyer.