Ways to to obtain realty Flashcards

1
Q

Mortgage is the Lien

A

Mortgagor is the borrower & Mortgagee is the Lender.

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2
Q

Trust deed is the Lien

A

Trustor is the borrower and Beneficiary is the Lender. Trustee is the 3rd party holder of a title.

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3
Q

Mortgage

A

Non negotiable security instrument on realty

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4
Q

Lien Theory

A

Mortgage creates a lien against the real property, secured payment of debt.

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5
Q

Note/loan

A

Negotiable instrument on realty. FHA, VA, Conventional conforming or non confirming loans.

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6
Q

Judaical Foreclosure

A

Need court approval (M)

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7
Q

Equitable Redemption

A

Definite period where mortgagor can make up late payments and get realty back. (M) and (TD)

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8
Q

Statutory Redemption

A

Can reclaim realty if mortgagor makes payments after foreclosure. (M)

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9
Q

Defeasance clause

A

Removes lien after you pay all the money also called satisfaction. (M)

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10
Q

Acceleration

A

When you DEFAULT a payment the whole balance becomes due.

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11
Q

Alienation

A

If you sold the property the balance becomes due immediately.

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12
Q

Foreclosure

A

Realty taken and sold to satisfy debt.

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13
Q

Prepayment

A

Paying whole amount prior to due date, with or without penalty.

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14
Q

Insurance

A

Homeowners insurance, protect against fires etc.

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15
Q

Conventional Loan/Note

A

No government backing up the loan.

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16
Q

Non conforming

A

Note is bundled with other no conforming loans

17
Q

Impound

A

An account to pay annual taxes. Also called escrow account.

18
Q

Trust deed/ Deed of trust

A

Security instrament on realty

19
Q

Title Theory

A

Used in far west states, trust deed conveys title of realty to a trustee until note is paid off.

20
Q

Trustee’s deed

A

deed issued after foreclosure.

21
Q

Deed of re conveyance

A

Deed issued by the trustee.Loan is paid in full and gives all rights to trustor.

22
Q

Vendor/ Owner will carry

A

No 3rd party is associated. Real estate purchased without a lendor. Owner carries loan.

23
Q

Devisor

A

deceased person carrying the will

24
Q

Devisee

A

Name of person recieving realty on vaild will

25
Q

Testate and intestate

A

Someone who dies and leaves a will. And someone who died without a valid will.

26
Q

Nuncupative Will (deathbed will)

A

Not vaild

27
Q

Devise

A

To leave REAL property by will

28
Q

Bequest

A

To leave PERSONAL property by will

29
Q

Holographic Will

A

Will made without witness - not valid

30
Q

Valid Will

A

acknowledged ( made with witness)

31
Q

Administrator

A

Court ordered male to carry out affairs of will

32
Q

Administratrix

A

Court ordered female to carry out affairs of will

33
Q

Excecutor

A

Male named in will to carry out instructions of a will

34
Q

Executrix

A

Female named in will to carry out instructions

35
Q

Codicil

A

Any change in will is valid before death

36
Q

Heir

A

Implies there was no will. Intestate! Family member.

37
Q

Law of decent and distribution

A

Chain of inheritance when ancestor dies. Also Law of intestate sucession.