National Flashcards
Metes and Bound
point of beginning, marker points and land description
Why record a deed
Provides constructive notice of ownership
officially transfers where grantor delivers deed to grantee
national or state federal fair housing laws
must follow the more restrictive federal or state law
bundle of rights
ability to separate one right for the others while leaving the rest of the bundle intact
Real Property
Real estate, plus all interests, benefits, rights included in ownership
Federal Fair Housing complaint
Fair Housing specialist will review complaint
have a year to file complaint
Buyer Agent task or duty
representing buyers interests
Firm charges flat fee for listing
Group Boycott- antitrust violation
Right of redemption
takes a long time to process foreclosure sale
right of redemption may expire in that time before lender puts REO on market
Appraisal necessary for Conventional Loan
Not if sales price is less than 400,000
Reduce Building density via bulk zoning
setbacks in height, front/sides
makes a city more livable
Misaligned doors and window issue
foundation issue
Tenants installing fixures
must repair any damage, but may take fixtures
Material Facts- which fiduciary duty
Disclosure
Ratification
get a signed agency agreement or act as client’s agent
Statute of Limitations
TIMEFRAME
in which a party can file a lawsuit relative to the contract
Defeasance
rendering something null and void
Adjustable Rate Mortgage
Interest may change periodically based on changes in the financial index
Amortized Loan
Pays of interest first, remaining goes to principal
Easement permission
often established w written agreement
Overview of title history
preliminary report:
outlines what insurance covers
Ordinary life estate
for the life of the grantee
when dies, its returned to the original owner or remainderman
How do you count townships
start in upper right, NE, and follow zigzag pattern
Fair Housing Act of 1968- finance and housing legislation
ECOA prohibits discrimination - all classes are protected
Title VIII prohibits discrimination in sale, rental and financing
Civil Rights Act of 1968- Fair Housing Act of 1968
Ad compliance must list when interest rate is mentioned:
APR, down payment, and terms of mortgage must be disclosed
Indemnification
parties are held liable if there are losses
Landlord tenant disputes
URLTA provides tenant to remedy situation after notifying landlord in writing and allowing reasonable time to correct issue
Spot Zoning
allows a specific property to be rezoned
illegal in some states
Lead Renovation, Repair, and Painting RRP
Requires painting firm to have certifications when working on homes prior to 1978
Life Estate
Credit Card debt
General
National or state overrides
National
Categories of Adjustment in cost approach?
Silent second?
transfer tax
calculated on price sold
Mortgage contingency
documents type and timeline for financing, routines what to do if financing falls through
MIP
(mortgage insurance premium) required for FHA loan
PMI
PMI (private mortgage insurance) required for conventional loans with LTV > 80%
Sales comparison approach category of adjustment
financing terms and cash equivalency, conditions of sale, market conditions at time of contract and closing, location, physical characteristics
URLTA
Uniform Residential Landlord Tenant Act
uses compass headings and directions
metes and bounds
landmarks, physical points
joint tenancy
time, title, interest and possession
equal ownership shares w undivided possession rights. right of survivorship
property manager agreement
must be written
appraisal
always use smaller number
Agency coupled w interest
licensee has interest or right to property
a standard transaction isn’t agency w/ interest
Straw buyer
used to purchase a property and secure financing
with no buyer representation agreement
not represented
Property ownership income tax possible mortgage interest deductions
ownership stage for investors or homeowners
Conveyance with trustees deed
property sold at auction in a foreclosure
Legal conforming use
business or structure legally established according to zoning ordinances at the time
grandfathered
deed of trust conveyance
to a third party trustee for the beneficiary named in the deed
contract performance
parties have met the terms of the contract
life estate
ends upon death of trustee, person named
Preservation of chain of title
record the signed deed- shows broken chain of title
transfer tax
based on sales price
tenancy in common
default
ownership passes on to the heirs
no right of survivorship
debt inherited
deed of trust conveys real estate
to a trustee for the beneficiary named in the deed
Amortized Loan
Fixed periodic payments, applied to both principal and interest
More in interest paid at the start of loan
Arbitration
after mediation?
Purchase money mortgage
seller finances loan for difference in list price and their loan
CERCLA
Innocent landowners aren’t responsible for clean up of hazardous waste
CONTRIBUTION- economic principles
Value of a component of a property depends on its contribution to the value of the total property
Indemnification
compensation for harm or loss
General warranty deed
seller defends against all claims on title
Amortization Chart Factor
multiply chart factor by sale price/ 1000
Special warranty deed
seller warrants only claims that stem from when he owned property
Choose Your Neighbor campaign
discrimination of people in a protected class
Bridge Loan
temporary, short term, interest only loan secured by borrowers home
Defeasance
lender cannot pursue borrower for additional funds when loan is paid in full
Estoppel
prohibits individual from making a statement that’s in opposition to their actions
Recorded Deed
provides constructive notice of ownership
Official transfer of ownership
Delivery of deed
recording is constructive notice
Federal or state law
The more restrictive
Survey
shows encroachments and property definition
Personal Property
Anything other than real property
Value
worth of a property
Review all covenants
Enforcing Title II under Am w Diabilities Act of 1990
Dept of Housing and Urban Development
When are earnest money checks deposited
after seller accepts purchase offer
Accounting fiduciary duties
paperwork, keys, copies
Multiple Listing Clause (MLS Clause)
gives broker authority and obligates broker to market to other brokers
account that covers maintenance costs for an apt
operating acct for that specific apt
Trust account for apartment housing
holds security deposits
Strict liability
responsible for cleanup
Cost
recreate property completely
Usury
prohibits excessive interest charges
underwriter considerations
Credit, capacity collateral
Density management
Limits overgrowth
Affects adjustable rate mortgage
Rate, index, margin
Financing a commercial investor
they use rental income to qualify
Comprehensive plan
areas zoning
2 categories of comparison
elements and units
Sales comparison approach of braketing
averaging
Penalty for violation of federal do not call rules
more than 40k per violation
offer and acceptance
one party makes and offer, the other signs and returns to the original party
Defeansance
lender must discharge mortgage lien
Farm Service Agency
provides guarantees for agricultural loans
Conventional Loan waiving PMI
Loan to value ratio of 80% or less
CHAIN OF TITLE
Agency enforcing Title II of Amendment with Disabilities Act of 1990
HUD?
Graduated Lease
Based on changing index rates
Loan Origination FEes
1-3%
Exclusive Agency
Covenant of quiet enjoyment
Grantee won’t be disturbed by a title defect passed on by grantor
Common element of buyer rep agreeement
Description of property being sought
Lot and block survey
reference metes and bounds
then divide into numbered lots and blocks- that becomes a plat map
SARA
release homeowners from cleaning up hazardous waste
Loans w only 3.5% down
FHA
Escrow agent preps this paperwork
Settlement statement - all $ changing hands
that buyers and sellers will have- with lender
Open Agency
allows sellers to work with any agent
HOA dues
townhome and condo both
COVENANTS
Encumbrances
seisin: you own the property
Right to Convey: right to sell the property
Warranty: grantor will warrant and defend the title against lawful claim of others
TITLE insurance
Insures no one has claim to title
REDLINING
Refusing to serve certain demographics
MILLS AS TAX RATE
Multiply total value of property by # of mills and divide by 1000
FTC ADS that trigger commission to investigate
Ad that makes a health or safety claim thats difficult for the consumer to evaluate
Determines the severity of the penalty based on the severity of the violation
GROSS LEASE VS NET
Gross, the landlord pays PITI, utilities, maintenance
Actual Notice
observing closing and documents changing hands
Property taxes change
new sale may prompt a reassessment
Familial status and disability to existing federally protected classes
Fair Housing Amendment Act
Housing and Community Development Act?
Community growth controlled by…
Planning Board
Sets guidelines for public and common use areas
Americans w Disabilities Act
Supervision for anti trust violations. max
10 yrs
Joint tenancy interests
Not inheritable, but can sell
Constructive notice
deed is filed
Loan paid off, note holder
signs note, marks paid in full, returns to borrower
blockbusting
Sell immediately because demographic shift is occurring
Redlining
withholding services to a specific demographic
Bundle of rights disposition
right to use without interference?
Fee Simple Determinable
so long as, while, during phrases to described required conditions
Bounds
physical features defining boundaries of property
Sales comparison approach
financing and cash equivalency is applied first
then
conditions of sale
market conditions at time of contract and closing
location
physical characteristics
Disposition
property right
FTC ads
claim that’s likely to cause injury and is misleading
Contribution
increases value of adjoining properties?
Appraisal process
state the process
determine highest and best use
identify date that’s needed
gather data
Ratification
Amortized loan
Subagency
agents from different firms agree to work together
Progression
bump in value from a higher priced property next door
PITI payments
interest receives most of the mortgage payment
Tax abatement
lower property taxes on a given property for a set amount of time for improvement. rehabilitation or new construction