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