Real Estate Flashcards
What does PETE stand for?
Police Power, Eminent Domain, Taxation, Escheat
What is Escheat?
Abandonment (dying with no will and no heirs with the property being taken by the state government)
How is LTV calculated?
Loan amount divided by sale price or appraised value (whichever is lower) = LTV
What is Eminent domain?
It is the government taking private property for public good.
What does a title insurance policy list?
All recorded defects against the title. It just covers issues that have been recorded.
What does a standard title insurance policy insure against?
Any recorded title defects or liens.
What are some things generally covered under an extended title policy?
Water rights, questions of survey and adverse possession claims.
What does a standard title insurance policy cover?
Recorded title defects and liens
What documents would be a condensed history of all records that affect the title?
An abstract
What is an abstract?
A history of all recorded documents that affect the title.
What is a survey used for?
To find boundaries and check for encroachments.
What is an affidavit of title?
A sworn statement concerning the title.
What is a chain of title?
A list of all owners.
What is a special assessment tax? And what happens if it’s not paid?
It is a real estate tax and if not paid, the property could be auctioned off.
What is Ad valorem?
Ad valorem tax is a tax whose amount amount is based on the value of a transaction or of property. It is typically imposed at the time of a transaction, as in the case of a sales tax or value-added tax.
What are Ad valorem taxes for?
General assessment tax, not a special assessment tax.
How are special assessment taxes paid?
They are normally paid each year for a certain number of years by the owners of the properties that have been improved.
What do special assessment taxes cover and what do general assessment taxes cover?
Special assessment taxes are normally to cover the cost of sewers and sidewalks. General assessment taxes are to cover public good items such as police and fire protection.
What deals with safety in construction?
Building codes.
What is a tax on the land plus improvements?
General assessment tax. (The more value (ad valorem) in the real property, the more one pays in taxes.
What is used to keep things in order such as zoning and building codes?
Police power.
What is the ability of the government to tax private property?
Taxation
What word describes Escheat?
Abandonment
What does TAR stand for?
TAX, Assessed Value, Rate. As a whole, it basically means taxes.
Test for intent (Method of Fixtures)
Attachment, Adaptation, Agreement
Which of the following describes an encroachment? Liquid asset, form of trespass, variance, buffer zone
Form of trespass
An estate is…
The right of ownership.
What rights do I have with Fee Simple Absolute?
Absolutely ALL the rights.
How long does Fee Simple Absolute last?
Forever
What rights do I have with Fee Simple Defeasible?
All rights but one. A fee simple defeasible is a conveyance of property that has conditions placed on it. The holder of a fee simple defeasible possesses the property as a fee simple subject to that condition. If the condition is violated or not met, then the property will either go back to the original grantor or a specified third party.
How long does a Life Estate last?
For the life of the grantee.
What happens when grantee of Life Estate dies?
Property reverts back to Grantor or third party (remainder-man)
Which estate can there exist a Remainderman?
A life estate
How many Freehold Estates are there and what are they?
There are 3 freehold estates. They are: 1. Fee Simple or Fee Simple Absolute 2. Fee Simple Defeasible 3. Life Estate
Upon the death of the life tenant, the estate returns to…
Fee Simple Absolute.
The Grantor or the Remainderman now owns the property in Fee Simple Absolute.
A life estate is ____________________ but generally not inheritable.
Transferable
A life estate is transferable but generally not __________________.
Inheritable
How many leasehold estates are there and what are they?
There are 4 Leasehold Estates. They are: 1. Estate for Years 2. Periodic Estate 3. Estate at Will 4. Estate at Sufferance
What interest does a tenant have in the property?
Leasehold
What interest does a landlord have in the property?
Lease fee
What is an Estate at Sufferance?
Landlord is “suffering” because tenant hasn’t paid rent and refuses to leave so now an eviction is necessary to get tenant off the property. The tenant is insufferable.
What is an Estate for Years?
An estate which lasts a definite amount of time. Has an expiration. This is the most common type of Leasehold estate.
What are two ways the government can acquire privately held land?
Eminent domain & Escheat
An estate that lasts only so long as a specified condition is met is known as a
Qualified Fee
An irrevocable right to use the lands of another is called?
An easement
A holder of a freehold estate has rights of…
Ownership
Which estate usually does NOT terminate upon the death of the holder of the estate?
Estate for years
Real property taxes are computed based on the property’s…
Assessed value
What are the four encumbrances?
Deed restrictions, Encroachments, Easements, Liens
What are the government’s right in land?
P.E.T.E: Police power, eminent domain, taxation, escheat
How many encumbrances are there and what are they?
- Liens, encroachments, easements, deed restrictions (Covenants)
Who has the easement on their property?
Serving tenement
What is the difference between a license and an encumbrance?
A license is revocable
What is the circle formula for taxes?
T.A.R.
Freehold estates are for how long?
Forever
Leasehold estates are for how long?
Definite period of time. Has a termination date.
Which taxes always take priority?
County government taxes
Who collects property taxes?
The county
What type of process will reveal an encroachment?
ILC (Improvement Location Certificate)
What does ILC stand for?
Improvement Location Certificate
Can a corporation own a property? If so, how?
Yes, by severalty
What form of ownership allows the right of survivorship?
Joint tenancy
What’s the best way for a married couple to take title?
Consult with an attorney
What act allows for common interest communities to levy (impose) mandatory assessments?
Common Interest Ownership Act ALLOWS common interest communities to exist.
We do exist, we can then file a declaration.
We can now levy mandatory assessments.
How do condo owners own the common elements?
Tenants in common
What type of ownership will allow all parties to have equal ownership?
Joint tenancy
How would we take title if we didn’t want equal shares?
Tenants in common
TRUE OR FALSE: In a cooperative, the individual would have to sign a deed in order to sale the property.
False. In a cooperative, individuals have ownership of stock, shares.
What document do individuals use to transfer property between individuals?
Deed
If government gives property to an individual it’s called?
Patent
How does an individual give their property to the government?
A dedication
What are the essential elements of a valid deed?
Competent grantor Signs the deed Identifiable grantee who accepts the deed With legal description Words of conveyance Consideration
The deed that gives the grantee the most guarantees is?
General warranty
What five covenants does a general warranty deed give the grantee?
FAQCW
Further assurance “If anything should happen in the future I
I will come back. I will sign anything I
need to sign. You have my assurance.”
Against encumbrances "If there's an encumbrance, I have told you about it and if there's a mortgage on this property, I will pay it off. There will be no encumbrances on this property when you give this deed. I assure you."
Quiet enjoyment “No third party is going to come knocking
at your door saying ‘this property is
mine!’ I guarantee you quiet enjoyment.”
Covenant of siesen “I’ve seized the property and I have a
right to convey it. I’m telling you that I
own it and I am guaranteeing my
ownership and I have a right to
convey it.”
Warranty forever “Forever and ever and ever I will tell you
this, may God strike me dead. I have
ownership, I’m going to give this to you,
it’s yours, forever. I give my warranty on
my life.”
What’s a material fact?
Something, if known, might change a decision.
Must a broker disclose a material fact?
Yes. If the broker knows about it, she must disclose it.
When does a property actually transfer ownership?
Upon delivery and acceptance.
Where do you go to learn or give constructive notice?
The courthouse.
In a real estate transaction, who goes to the courthouse and gives constructive notice?
The title company.
In a real estate transaction, who gives actual notice?
The broker.
How is actual notice given?
The broker looks around the property, she uses her eyes.
Does a buyer have to buy both a standard and an extended title policy?
No
If a buyer has a mortgage on the property they’re going to have to buy ______________________________ insurance.
Mortgagee’s Title
If there’s not a mortgage on the property, what kind of title insurance does the buyer have to purchase?
Standard title insurance
What does standard title insurance cover?
All the things that might have happened if the title insurance company made a mistake
What does extended title insurance cover?
All things that might have been missed when actual notice was taken.
- Adverse possession
- Prescriptive easement
- Things that the courthouse doesn’t have record of
What’s the difference between a title report and a title opinion?
A title opinion is done by an attorney, abstract is needed for an opinion.
Definition of an appraisal
An estimate or opinion of MARKET VALUE supported by an analysis of relevant property data.
What does CMA stand for in terms of appraisal?
Comparative Market Analysis
What further designations can appraisers obtain and where from?
MAI: Member of the Appraisal Institute
SRA: Senior Residential Appraiser
From: the Appraisal Institute
An appraisal is required for all of what type of loans?
Federally related loans such as conventional, FHA, VA.
What does CMA stand for in terms of a real estate licensee? What other acronyms are related to CMA?
Competitive Market Analysis
Others: BPO - Broker’s Price Opinion
BOV - Broker’s Opinion of Value
What does CMA/BPO/BOV do?
Assists a seller and a buyer in determining value.
Who performs a CMA/BPO/BOV?
A broker.