RE2 Study Flashcards
code that appraisers must follow
Uniform Standard of Professional Appraisal Practice (USPAP)
regulates appraisers
TX Appraiser Licensing & Certification Board (TALCB)
Characteristics that make real estate valuable
DUST (Demand, Utility, Scarcity, Transferability)
construction cost
cost approach
cost of building similar features using modern materials
replacement cost
loss of value due to economic/functional factors
obsolscence
gives long term residential loans
savings associations
gives long term mortgage loans
savings banks
3 step loan approval
- pre-qualification 2. pre-approval 3. final loan approval
document by GSE (fannie mae & fannie mac) for loans under their underwriting requirements
Uniform Residential Loan Application (URLA)
network for handling loan applications
Computerized Loan Origination (CLO)
loan that can be sold in the secondary market
conforming loans
conventional loan has 80% of property value or less, requires 20% down payment
LVT ratio
fee paid upfront in exchange for below market intrest rate
buydown mortgage
graduated payment, similar to buydown, funds drawn from savings account for first part of the loan . payments start once savings account runs out
Pledged Account mortgage
mortgage financing too expensive so title doesn’t transfer until the full price is paid
Contract for Deed
(investor loan) lender gives deed of trust loan with low intrest rate in exchange for guarenteed share of the gain from property
shared-appreciation loan
(investor loan) used for more than one lots. mostly used by developers. it comes with a release clause that allows the developer to release one lot from the lien
blanket mortgage
(investor loan) sells building then leases it back from the buyer for working capital
sale/leaseback loan
mandates licensing/registration system for MLO’s
SAFE ACT
created new government agencies to oversee banking system
DODD-FRANK ACT
title 1 of consumer credit protection act
Truth in Lending Act (TILA)
requires certain disclosures to be made. borrow has 3 days to rescind the transaction
Regulation Z
educate consumers about closing & settlement services and protect from abusive lending practices
(RESPA) Real Estate Settlement procedures Act
loan estimate and closing disclosure
(TRID) TILA-RESPA Integrated Disclosure
financial institution pursue responisibilities to meet deposit and credit needs
(CRA) Community Reinvestment Act
state laws that limit interst rates
Usury Laws
zoning changed but people continue to use it anyways
Nonconforming-Use
building structure, design, ect.
building codes
finance cost of redeveloping in a part of the city
(TIRZ) Tax Increment Reinvestment Zones
non government limitations controlling how buyers use land within subdivisions
Restrictive Covenants
(PETE) 1. Police Power 2. Eminent Domain 3. Taxation 4. Escheat
4 Public Land Use Controls
- Conditions 2. Covenants
- Restrictions
3 Private Land Use Controls
state level enforcement of federal environmental legislation
(TCEQ) TX Commission on Environmental Quality
$9 billion superfund to clean up hazardous spills
(CERCLA) Comphrehsenive Environmental Response, Compensation, Liability Act
needs a license. Protects property owners investment & maximize return on investment
property manager
property owned by a lender as a result of not finding a 3rd party buyer at foreclosure auction
(REO) Real Estate Owned
no reserve or restriction on price
absolute auction (no reserve auction)
minimum sale price is in place
minimum bid auction
seller can accept or reject highest bid
reserve auction
entire loan amount is due upon default
acceleration clause
transfer title from borrower to lender and releases borrower from debt owed to lender
Deed in Lieu of Foreclosure
allow defaulting buyers to pay defaulted portion of debt to lender in order to prevent foreclosure sale
Equitable Redemption
percentage gain or loss on the cost of investment over a period of time
Rate of Return
investment concept saying todays money is worth more now than the same amount will be in the future
Time Value of Money (TMV)
taking on debt in order to realize a greater return
leverage
used to determine the cash flow potential of a property
operating statement
represents what the revenue generation would be in the best case scenario where property is enjoyed 100% occupancy and collected 100% of the rent due
Potential Gross Income
pre-tax amount of income after deduction of expenses
Net Operating Income
ratio of price of investment property to its annual rental income before considering expanses
Gross Rent Multiplier (GRM)
money deducted to making payments on principle/interest of loan
Debt Service
net sales price-adjusted investor basis
capital gains
two or more individuals pool financial resources
Syndication
company may sell securities to investors
Regulation D
business arrangement that a partnership will use wen joining forces for single objective. Temparary relationship
Joint Venture
limited partnership
syndicate
general partner
sponser
limited partner
investor
company that owns & operates income producing real estate
RIET
income by rent collecting or sale of properties
Equity RIET
provide money for real estate owners
Mortgage RIET
both equity and mortgage RIET
Hybrid RIET
type of special purpose vehicle that is compromised of a pool of mortgage loans sold as investment- grade bonds known as mortgage backed securities
(REMICs) Real Estate Mortgage Investment Conduits
mortgage backed securities sold to investors at different risk levels
tranches
landlord give signed lease to tenant in how many days
3
landlod has how many days to return security deposit
30
landlord has how many days to make repairs
7
landload has how many days to rekey residense
7
landloard can discard personal property of dead tenant after how many days
30
tenant responible for fixed monthly payments
gross lease
tenant pays base rent + property taxes
Net Lease
lease that increases relative to economic indicator
index lease
a report that list # of units, identifies tenants, lease terms, Ect.
rent roll
ACTOR
Avoid risks
Control risks
Transfer insurance policy
Or
Retain Risks
Property Manager Risk Management
Clause where interest in property covered by grantor
Granting Clause
Clause where limited ownership of grantee
Habendum Clause
Clause where borrower pledges collateral
Hypothecation Clause
Clause where mortgager has the right to redeem property upon obligated payments
Defeasance Clause
clause where one party withdraws under certain circumstances
Release Clause
deed with conveyance carries only one convenant
Special warrenty Deed
deed with greatest protection
general warrenty deed
Deed where grantor holds title/possession of property. No warrenty against encumbrances
Bargain and Sale Deed
deed where the grantee has least protection and grantor has least liability
Quitclaim deed
written instrument used for transfer of title
conveyance
protect consumers from abusive lending practices
RESPA
helps borrowers select the best mortgage
TRID
buyer borrows from seller and lender
Purchase Money Mortgage
financing based on value of asset
Hard Money Loan
trigger payment of full loan upon sale of property
Alienation Clause/Due-on-Sale
gain ownership or interest in real property
aquisition
causing the owner to sell because they fear a protected class is moving in
blockbusting
funds used to upgrade physical assets
capital expenditures
the entire chronological record of property ownship
chain of title
collaterized debt obligations made up of bundles of mortgage backed securities
(CMO) collateralized mortgage obligations
investment products similar to bonds. consists of a bundle of home loans and other real estate debt bought from the banks that issued them
mortgage backed securities
something of value exchanged by parties as evidence of agreement
consideration
termination of lease because of the landlord
constructive eviction
finance institution that is not for profit
credit union
outlaws against false/misleading statements
deceptive trade practice act
extend mortgage loans from customers savings account
depository institution
gift of real property by will
devise
land benefits from easement appurtenant
dominant tenement
require tenant to pay base rent, property taxes, and insurence
double net lease
allowed on property for specific purpose
easement in gross
property passed to state if theres no will, relatives, hiers
escheat
constructive/actual notice of real property ownership
evidence of title