NJ Real estate practice questions Flashcards
Businesses with what number of employees must be compliant with the standards of the American with Disabilities Act?
more than 14 employees
A defect that is hidden and cannot be seen.
Latent Defect
This type of mortgage is first paid by interest only and then a lump sum payment at the end of the term. Common with a line of credit
Straight/ Term Mortgage
This type of loan is common when buying a home
Amorized loan
This type of loan consists of the same payment every month. Payments go towards both interest and balance with interest being paid for mostly in the beginning.
Amortized loan
This loan is also referred to as DIRECT REDUCTION
Amortized loan
Once periodic payments are completed by maturity date in an amortized loan, this is referred to as
fully amortized loan
This type of loan can reduce the amount of time one is paying a 30 year loan to 20-25 years
Bi-weekly mortgage
This type of loan may or may no require automatic payments
Bi-weekly mortgage
This type of mortgage is not legal in NJ. It is one in which the principal balance may not be paid before maturity.
Closed mortgage
True or false: in an open mortgage, there may or may not be a pre payment penalty
True
This type of mortgage allows the mortgagor to pay the principal at anytime before maturity
Open Mortgage
Any mortgage in which the interest rates vary is referred to as
Variable rate mortgage (VRM)
This type of. loan includes the option to convert a loan into a fixed rate mortgage during a certain time period
convertible arm
Difference between a VRM Loan and RRM loan (renegotiable rate mortgage)
VRM loans allow the interest rate to be adjusted up or down every 6 months to a year where a RRM is usually every 5 years.
Also referred to as a growing equity mortage
Graduated equity mortgage
A plan in which the borrower is required to make increased monthly payments for a stipulated number of years. This provides savings on interest payments
Graduated equity mortgage
This type of mortgage is when the lender provides lower interest rate in return for a percentage of the anticipated appreciation of the property value.
Shared appreciation mortgage
This type of mortgage is usually given the morgagor in stages
Construction mortgage
What is the advantage of a construction mortgage for a LENDER
It assures the lender that the money is being used for the intended purpose and also provides increased security as the principal amount increases.
What is the advantage for a construction mortgage for a borrower?
Interest is based on the outstanding principal and is not taken until needed
This type of loan is sometimes known as gap financing and swing loan
Bridge mortgage
When an employing broker is a business or corporation, they are referred to as
the broker of record
True or false: The requirements to become a broker sales person are the same as those to become a broker
True
What are all licensees required to carry when engaging in real estate business?
Pocket license ( can be physical or online)
This is a type of easement acquired when a person has continually without permission of the owner used the land of another for a statutory period of time.
Prescriptive easement
The privilege to use the land of another and is generally irrevocable
Easement in gross
Easement in gross are not transferable and terminate with the death of the person who acquired it. True or false ?
True
These type of easements permanently burden a property and can consist of gas pipes, telephone lines, etc
Commercial easements
A form of ownership with two or more persons with no rights or survivorship.
Tenancy on common
A type of ownership by two or more persons with disctictive rights in survivorship.
Joint tenancy
This type of ownership requires that each owner have the same fraction of ownership. Owners can sell their fraction without permission.
Joint tenancy
When a person buys a fraction of ownership from a joint tenant , that person becomes a ______ with the current owners
Tenant in common
This type of ownership says that when one owner dies, his interests go to his heirs
Tenant in common
Type of ownership reserved for married couples. Interest automatically
Vests in surviving spouse in the event of death. They can not sell their interest without permission
Tenancy by entirety
The transferring of title from one person to another is
Conveyance , alienation
Is alienatom voluntary of involuntary ?
Can be both
Common type of deed used today which warrants the grantor has not encumbered the property while they held it
CVG bargain and sale covenant vs grantor deed
This type of deed only transfers title and does not make an warrenkes whatsoever of condition
Bargain and sale deed
This type of deed RELEASES all rights. Not usually used as a deed of convergence.
Quitclaim deed
What type of deed is a sheriffs deed ?
Bargain and sale deed without covenants
Legal remedy available to owners that disagree on what to do with property
Portion action
9 components of a deed
- Competenet grantor
- Ready identifiable grantee.
- Consideration paid
- Granting clause
- Habadeum clause
- Property description
- Exceptions
- Signature of grantor
- Delivery and acceptance.
Who’s signature is required on a deed ?
Grantor
Gradual wearing away of land by water wind or general weather conditions. Land lost through this can not be reclaimed
Erosion
Sudden and noticeable shifting of land from
One property to another caused by flood, earthquake, etc. land can be recruited during a prescribed period.
Avulsion
When a body of water permanently recedes it exposes dry land. This land becomes property of the property owner
Relocation / dereliction
Owner of a property gains land acquired by accreation- true or false ?
True
What language must a deed be written in ?
English or accompanied by a translation into English
What requirements of eligibility for a recording ?
Must be in English. Must bear signature with name printed beneath signature line. Must state consideration paid for property. Must include a reference to lot and block. Must be acknowledged by a formal witness.
Who usually pays the recording fee ?
Grantor (not required. But general)
Issued by title company or attorney ,, this expresses the condition of the title based on examination of public records
Certificate of title
Produced by a title search , this is a condensed history of the title. It is a summary of all conveyances in order as well as liens , encumbrances affecting the property.
Abstract of title
Does the abstract of title gaurentee there are no clouds r defects affecting the property?
No
This evidence of title simply exposes all items regarding the title that are recorded in public record. No guarantees of the title itself
Abstract of title
Public records analyzed to determine the quality of a title is referred to as a
Title search
Title insurance protects who ?
The insured - can be the owner through owners policy and or mortgageee through lender policy (loan policy)
Written statement under oath that the grantor is the owner and has not impaired condition of title since the last date the title was formally
Examined.
Affidavit of title
A search of title up to date proper ro closer to reveal any newly recorded items
Continuation / run down search
Are torrents title systems used in NJ
NO
4 types of encumbrances that affect physical condition of propert
- Easement
- Party wall
- Restrictive covenant
- Enroachment
These are usually found in deeds and limit the use of land. It can be for a stipulated period or indefinite amount of time. A free of encumbrance on a property.
Restrictive covenant
A type of encumbrance in which a building or some portion of a building , fence, driveway or any other improvement illegally intrudes onto another persons land.
Encroachment
A bill of sale would be used to transfer
Personal property
Sometimes referred to chattel or personality, this is any property that is usually moveable or not permanently attached to the property.
Personal property
Refers to any property that is tangible and posses physical quality.
Corporal property
Refers to property real or personal of an intangible nature
Incorporeal property
Land, building, furnaces are all examples of ______ property
Corporeal
Rights under a lease, mortgage or easement are all ______ property
Incorporeal
Leaving personal property by will
Bequeath
Leaving real property by will
Devise
Harvesting a crop after tenancy has ended the ability to harvest crop after tenancy has ended
Emblement
What are essentials of a valid contract (5)
Mutual agreement Competent parties Consideration Lawful objective Property description Signatures
When the offeror revokes an offer before accepted by the other party.
Revocation
True or falSe : oral offers and accepting are binding
False - statue of frauds requires things to be in writing to be enforceable
When parties have the ability and mental capacity to understand implications of entering a contest to
Contractual ability
Emotional value such as “love and affection.” Which usually only has value to person receiving t
Good consideration.
Which parties must sign a CONTRACT
ALl parties in the contract
When there is a breach of contract and one party becomes injured , what can they do ?
Sue for specific performance or money damages
When a person in a contract is compelled by court to carry out the terms of the agreement
Specific performance
Court decision in which an injured parry is entitled to monetary payment for losses incurred by the default of another party
Money damages/ compensatory damages
A dollar amount specified in a contract that is predetermined on the event a party defaults on a contract
Liquidated damages
A term used to describe like going back in time to before a contract existed returning each party back to their position before entering the contract.
Rescission
What does the kick out clause refer to ?
It refers to when a buyer needs to seek a buyer for their own property creating a contenfjncg on a property they have put an offer in for and are under contract. The seller has the right to continue to market the property and if a second buyer comes they must give the first buyer a certain amount of
Days to show they will be able to execute the contract. If not, the buyer can cancel contract.
Who usually pays for the inspection of a house ?
The buyer. The inspector should be working in the best interest of the buyer
Requires that the contract of sale shall include provision requiring as a condition of the sale the testing of well water supply for at least the minimal parameters
Private well testing act
Are questionable items such as personal property included in the sale ?
No.must be stated in contract
Where is an attorney review clause needed ?
1-4 family dwellings
Vacant one family building lots
Residential lease for one year or more
Meghans law refers to
Register sex offenders
What does opinion 26 refer to ?
Attorneys in real estate contracts
Is it required that a broker obtain writing acknowledgment of the client stating they received opinion 26 notice ?
No, but it is advised
Who inquires at closing about weather the buyer and seller received the opinion 26 starker
Title officer
Brief instrument sometimes used to submit a written offer and secure a written acceptance until a detailed sales agreement can be drawn up
Binder or order form or letter of intent
This rule reduces the possibility of fraudulent claim but does not disallow such evidence to prove fraud or to clarify ambiguous written in contact
Parol of evidence rule
Parol is Latin for
Oral
Et al is Latina for
And others
ET ux is Latin for
And wife
Et vir
And husband
Prima facie is Latin for
True, valid , suffice t
Pledging of property without giving up possession
Hypothecation
This clause is when the loan is repaid and the lenders interest in the property no longer exist.
Defeasance clause
Parties to a promissory note are
Obligor: borrower
Obligee lender
True or false : trust deeds are used in nj.
False
When is a subordination clause used
Mortgage for purchase of vacant land
Clause which operates to transfer mortgage lien interest from mortgagor to morrgagee
Granting clause
Due on sale clause
Alienation clause
Explain acceleration and alienation clause
When a borrower defaults on one of their promises to a mortgage (failure to pay, maintain property Etc) the entire mortgage is due immediately. This is the first step in foreclosure. The alienation clause is a form of the acceleration clause in that if the borrower tries to sell the property without ther he lenders consent , the full balance becomes due and payable.
What is the purpose of the alienation clause
Prevent assumption or mortgage or Anytning scheming
Why is the alienation clause a popular method for lenders
They get rid of old low interest mortgages
This clause would be used to make the loan be more attractive to the lender
Equity participation clause