Module 5 Flashcards
Who is the mortgagee?
the lender
The mortgagor is the?
borrower
Ownership forms divide into what 3 groups?
- Ownership in severalty
- Co-Ownership (concurrent ownership)
- Trust
The reality is that ownership in severalty means________
just one person or at least one entity, such as a corporation.
REITs must have at least ____ investors and the REIT allows these individual investors to pool their funds to acquire real estate.
100
A private or public partnership that pools funds for the acquisition and development of real estate projects or other business ventures.
Syndication
With ______, property is held by two or more individuals and is categorized into four types.
Co-ownership
What are the 4 types of co-ownership?
- Tenancy in common
- Joint Tenancy
- Tenancy by the entirety
- Community property
- Real estate owned by two or more people as tenants in common.
- Own an undivided fractional interest
- Property is not physically divided.
- Each co-owner holds a separate interest and can sell, mortgage, or transfer this interest without consent of the other co-owners.
- Upon death, the undivided interest passes in accordance to the will of that owner.
Tenancy in common
Business partnerships generally own real estate under__________
Tenancy in common
When title to real estate is conveyed to two people, and the deed does not specify the form of tenancy, it is assumed as
tenancy in common
The distinguishing characteristic of this type of ownership is known as the right of survivorship.
Joint tenancy
can involve multiple persons and they don’t have to be married.
This type of ownership was specifically created for two individuals who are married.
Tenancy by the entirety.
also has right of survivorship
This type of ownership is also designed for married couples but, the property owned by the couple is divided into two categories: separate property and community property.
Community property rights.
Essentially, separate property is what you owned before you entered the marriage, whereas community property is real estate that is purchased during the marriage.
The players in a trust are_______
The trustor,
The trustee
The beneficiary
This is a unique form of co-ownership for married couple in which each spouse has an equal, undivided interest in the property.
Tenancy by the entirety
Avoids probate for the surviving spouse
9 states use this system for property owned by husband and wife. Each spouse has undivided one-half interest in property acquired during the marriage. In contrast to joint tenancy, when one spouse dies, the survivor is entitled to one-half of the community property. The other half is distributed according to the will of the deceased. If there is no will, the interest will go to the surviving spouse(or thier heirs)
Community property rights
A_______ trust is created by an agreement while the property owner is alive.
Living trust
A_______ trust is established by the will of the property owner after his or her death
Testamentary trust
Real estate is the only asset in a land trust.
The trustor in the case is also the beneficiary. The trustor has a beneficial interest in the property and that interest is actually treated as personal property.
Land trust
Provides tax and privacy advantages.
How condominiums function
- Owner holds a fee simple title to an individual condo unit.
- Each condo has its own legal description and taxes.
- Condo owners also hold an undivided interest in the common elements
What makes a property a condominium is
its legal declaration. It can look like a single-family house, or a townhouse or a low-rise building
Under _____ownership a corporation actually owns the real estate and individuals own shares of stock in the corporation.
Cooperative ownership
A fee simple interest in condominium ownership, with accompanying rights. The ownership rights are limited to a specified time period, but the owner can still mortgage, lease, sell, or bequeth the rights.
Timeshare
PUD’s can include
Condominiums, townhouses, apartments and even single-family residences.
PUD’s have
common elements and association dues.