Shared Flashcard Set

Details

License Exam
Sales Person License Exam Review Via Real Estate Trainers Crash Course
193
Real Estate & Planning
Professional
06/02/2014

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
Real Property
Definition

Immovable 

Bearing Wall

Not Leasehold Estates

 

Term
Fixtures
Definition

Incorporated into the land

Not Cost

Not Time of Attachment

 

Term
Run With the Land
Definition

Easements, Water Company Stock, Covenants, Minerals

No Seperate Conveyance 

 

Term

Personal Property

 

Definition

Hypothecated

Alientated

Become Real Property

 

Term

Fee Simple Estates (Fee Estates)

 

Definition

 

Indefinite Duration

Free hold - Owner

Most interest one can hold in land

Not Free of encumberances

Inheritance

 

Term

Fee Simple Defeasible

 

Definition

Conditions on the property and if that condition isnt met, the property is taken back

Ex. No Alcohol

 

Term

Life Estate, Property is Leased

 

Definition

Owner dies, Lease is terminated

 

Term
Less-Than-Freehold Estates (Leases)
Definition

Lessees

Not Necessary to sign a lease

6 months = Estate for years

Personal Property = Chattel Real

Term
Sublease
Definition

Transfers possession, not ownership

Can Sublease or assign if not mentioned

 

Term
Quiet Enjoyment
Definition

Entitled to

Paramount

Possession without being disturbed

 

Term
Abandonment
Definition
Tenant Leaves Voluntarily
Term
Percentage Lease
Definition
Based on Gross receipts
Term

Security Deposit

 

Definition
Furnished or not
Term
Estate for Years
Definition
Fixed Period
Term
License
Definition
Personal, Revocable
Term
Title Vestings
Definition
Tenancy = method of holding title
Term
Severalty
Definition

Sole Ownership

Individual

Term
Joint Tenancy
Definition

Equal Interest

One Title for the whole property

cannot will

free of unsecured debts

 

Term
Tenancy in Common
Definition

Can Convey separately 

Unity of Possession

Term

Community Property

 

Definition
Husband and Wife
Term

Agreement to Sell

 

Definition
Unenforceable
Term

Cloud on Title

 

Definition
Single woman married
Term
Quiet Title Action
Definition
Remove a cloud on title
Term
Alientation
Definition
Convey
Term
Eminent Domain
Definition

For public use

Taken by the government

individuals do not have 

owner must be paid just compensation

 

Term
Police Power
Definition
Zoning
Term
Escheat
Definition
Individual Cannot Use (Police Power)
Term
Accretion
Definition
Natural Causes
Term
Avulsion
Definition
Dam Breaks
Term
Probate Sale
Definition
Commission is set by the court if someone dies without a will
Term
Intestate Succession
Definition
No will
Term
Purpose of a Deed
Definition
Transfer Interest
Term
Grant Deed
Definition

Executed when signed

Not necessary to be recorded

 

Term
Quitclaim Deed
Definition

Conveys rights of grantor

Taking someone off title to obtain sole ownership

No covenants

 

Term
Deed Essentials
Definition

Granting Clause

Legal Competance of Grantor

Not Acknowledged 

Delivered and Accepted

Term
Recording: Constructive Notice
Definition

Given by recording

First to record or possess gets property

 

Term
Acknowledgment
Definition
Employee w/o interest
Term
Encumberances
Definition
Limit Title
Term
Easements
Definition
Encumbered
Term
Prescriptive Easements
Definition

No confrontation w/ owner

Can easily be terminated for non-use

 

Term
Termination of Easements
Definition
Dominant teniment recorded a quitclaim deed.
Term
Appurtenant Easements
Definition
Buyer has same rights if easement was not recorded
Term
Easments are confirmed by...?
Definition
Quiet title suit
Term
Restrictions
Definition

Deed restrictions prevail over zoning restrictions

 

Term

Private Restrictions

and

A condtion of Private Restrictions

Definition

Created by the Grantor or Developer

and 

Penalties are more severe

 

Term
Public Restrictions
Definition

Public Health

Safety

Moral

General Welfare

one lot = Variance

 

Term

Changes to a Public Restriction can be initiated by...?

 

Definition

Owner

Subdivider

Govt Agency

Term
Commercial to Residential Zoning
Definition
Down Zoning
Term
Multi Family Zone
Definition
R-3
Term
Encroachments
Definition
Sue neighbor for trespass if civil methods have failed to solve the problem.
Term
Liens
Definition

A charge imposed 

Trust Deed and Mortgages are liens

Term
Specific Lien
Definition
Trust deed
Term
General Lien
Definition
All Property
Term
Promissory Note
Definition
Evidence of Debt
Term
Amortization
Definition
Liquidation
Term
Amortization: Level Payment
Definition
Payment applied to principal increases
Term
Negative Amortization
Definition
Payments do not cover interest
Term
GPAM Loan
Definition
Defers some principal payments
Term
Interest Rates Affected by
Definition
Not unemployment
Term
Simple Interest
Definition
Home Loans
Term
Variable Interest
Definition
Rate can increase or decrease
Term
Effective Interest Rate
Definition
Rate Paid
Term
Nominal Interest Rate
Definition
Rate specified in note
Term
Negotiable Instrument
Definition
Not a Mortgage
Term
Straight Note
Definition

No Principal payments made, only interest

 

Term
Balloon Loan
Definition

Partially Amortized

 

Term
Holder in Due Course
Definition

No Knowledge of defects

 

Term
Discounting
Definition
Selling for less
Term
Default on a loan
Definition
Foreclosure for amount owed
Term
More than One Borrower
Definition
Joint and Severally
Term
Trustor
Definition
Signs the trust deed
Term
Beneficiary
Definition

Loans Money

Consent for consolidation and new restrictions

Term
Right to sell
Definition
Trustor to trustee
Term
Terminated
Definition
Reconveyance
Term
Foreclosure: Court Sale
Definition

One year redemption period

Trustor possesses property

Term
Forclosure: Trustee's Sale
Definition

3 months before publishing

Right of reinstatement

Most Expedient

 

Term
Deed in Lieu of Foreclosure
Definition
Lender assumes Junior Liens
Term
Request for Notice Protects...?
Definition
Beneficiary of 2nd loan
Term
Lenders basic protection
Definition

Borrowers Equity

 

Term
Priority
Definition
Recorded First
Term
Blanket Mortgage: Release Clause
Definition
Releases portions of the property
Term
Trust Deed and Mortgage Clauses: "Assume"
Definition
Relieves seller
Term
Trust Deed and Mortgage Clauses: "Subject to"
Definition
Sellers liable; buyers not liable
Term
Subordination Clause
Definition
Future loans have priority
Term
Acceleration Clause
Definition
Unpaid sum is due
Term
Open-End
Definition
Can Borrow additional money
Term
Beneficiary Statement
Definition

Gives current balance

 

Term
Prepayment Penalty
Definition
Trustor making advance payments
Term
Mechanics Lien
Definition
Verified and recorded
Term
Mechanics Lien: Priority
Definition

Beginning of contruction 

Earlier than date recorded

Could impair trust deed

Term
Mechanics Lien: Notices
Definition

Completion

Cessation

Non-responsibility

Term
Lis Pendens
Definition
May Affect Title
Term
Lis Pendens is Effective Until
Definition
Judgement rendered or lawsuit dismissed
Term
Execution
Definition
Court order to sell
Term
Inujunction
Definition
Court Order to stop
Term
Chain of Title
Definition
Important when deciding to issue title insurance
Term
Abstract of Title
Definition
Written summary of chain of title
Term
Title Insurance: Preliminary Report
Definition

Seller to trustor

Remove mechanics lien

Term
Standard Policy of Title insurance
Definition

Most buyers obtain

No survey or onsite inspection

Term
Standard Policy of Title Insurance Protects Against
Definition

Forgery

Improper Delivery

Term
Extended Title Insurance Policy
Definition
Covers improvements on adjoining land
Term
ALTA Policy
Definition
Includes a survey
Term
Title Insurance: Exclusions
Definition

Zoning

No policy covers everything

Term
Title Search
Definition

County clerk

County recorder

Federal land office

Term
Who enforces Real Estate Law?
Definition
Commissioner promulgates rules and regulations
Term
Who prosecutes Illegal Acts?
Definition
District Attorney
Term
Misrepresentation
Definition

Obvious

Knowledge

Cost

No expenses on income property

 

Term
Commission to Buyer
Definition
Must inform seller
Term
Blind Ad
Definition
No Brokers name
Term

Misleading Advertising

 

Definition

Misleading map

Move right in - Major Repairs

Term
Secret Profit by Non-Licensee
Definition
No cause for action
Term
Referral Fees
Definition

Both broker and salesperson

 

Term
Gifts
Definition
Flat screen Tvs are OK - if revealed to all
Term
Commingling
Definition
Funds from broker's own property
Term
Not a Member
Definition
Not a Realtor*
Term

Broker Relationship: Salesperson as Independent Contractor

 

Definition
Broker still liable for conduct
Term
Broker Relationship: Unlicensed Assistant
Definition

Broker must read advertising

Must be supervised on internet

Both guilty if solicits buyers and sellers

Term
Who Manages Property?
Definition
Broker
Term
Loan Broker Laws
Definition
Disclosure given to the borrower when signed
Term
Loan Broker Laws: Advertisment
Definition
Not 1-800-For-A-Loan
Term
Desk Cost
Definition
Total expenses/#of salespeople
Term
Company Dollar
Definition
Income minus commissions
Term
Trust Fund Account
Definition

Seperate trust funds

Any employee

Term
Ethical Practices
Definition
Honesty and Fairness
Term
Recovery Account
Definition
Only pay recovery account plus interest
Term
Selling Trust Deed
Definition
Advertising must include interest rate and discount
Term
Mobile Homes: Can Sell
Definition
Only if registered
Term
Mobile Homes: Must remove signs...
Definition
Within 48 hours
Term
Mobile Homes: Notice of Transfer
Definition
W/in 10 calendar days
Term
Real Estate License: Expired License
Definition
Can be renewed w/in 2 years after expiration
Term
Real Estate License: Temporary (150 day) License
Definition
Delinquent child support
Term
Advance Fee Contract
Definition
No guarentee of sale or lease
Term
Economic Theory
Definition
Lost interest on equity is a cost of ownership
Term
Leverage
Definition
Borrow the minimum
Term
Appreciation
Definition
Trustor
Term
Prices Decrease
Definition
Value of money increases
Term
Sellers Market
Definition
Prices rise
Term
Impact Real Estate
Definition
Consumerism, land use controls
Term
GNP and Employment Rise
Definition

Income Rises

Home sales Increase

Term
Lenders
Definition

Portfolio Risk Managment 

concerned with all individual savings

Financial deregulation-pay any rate of interest

Term
Insurance Companies
Definition

Large Loans

Work through mortgage companies

Term
Savings and Loan Associations
Definition

Most funds in real estate

Primary source

Term
Mortgage Companies
Definition
Sell in secondary market
Term
Private Lenders
Definition
Junior Loans
Term
Secondary Mortgage Market
Definition
Resale Marketplace
Term
Loan to Value
Definition
Lower the ratio, higher the equity
Term
A Loan Commitment
Definition
Result of income, borrower and property
Term
Contruction Loan
Definition
Interim Loan
Term
Interim Loan
Definition
Long term loan
Term
Debt-Income-Ratio
Definition
Loan qualifying tool
Term
Mortgage Loan
Definition
Collatorized by Real Estate
Term
Mortgage Yield
Definition
Investors interest return
Term
Lenders Minimize
Definition

Substandard loans

Degree of risk most important

Term
Late Payment
Definition
More than 10 days
Term
100% Loan
Definition
Protected by appreciation
Term
Amortization Tables
Definition
Monthly payments
Term
Warehousing
Definition
Collecting loans
Term
FICO Score
Definition
Credit history of borrower
Term
Security Interest
Definition
Creditors interest in debtors property
Term
Discount Points
Definition
% of the loan amount
Term
Document Preparation Charges
Definition
Loan origination fee
Term
Truth in Lending
Definition
Not agriculture loans
Term
Purpose
Definition
Meaningful disclosure by lender of creditors
Term
Annual Percentage Rate (APR)
Definition
Cost of credit
Term
Advertising - Only APR is Used
Definition
Other disclosures are not required
Term
Right to Cancel
Definition
If residence is used as security for loan
Term
Conditional Installment Sales Contract
Definition

Legal title-vendor

Security device

Transfers equitable title

Term
Default, Quitclaim Deed
Definition
Sign by buyer (Vendee)
Term
Loan Insured by
Definition
FHA or private mortgage insurer
Term
FHA
Definition
Protects lender against default
Term
VA
Definition

No downpayment

Cannot be an rental property

Term
Cal-Vet
Definition

Land contract

Dept. of Veteran Affairs

Term
Insurance
Definition
Promise of reimbursment for damage
Term
Fire Insurance
Definition
Neither gain nor lose
Term
Escrow
Definition
Financial code
Term
Escrow Instructions Executed by...
Definition
Buyer, Seller and third parties
Term
Closing Statement - Buyer Debit
Definition
Purchase price
Term
Purpose of Escrow
Definition
Terms are met prior to closing
Term
Closing Statement - Credit Seller
Definition
Prepaid taxes
Term
Prorations
Definition
Not secured loan
Term
Escrow Impounds
Definition
Recurring Costs
Term
Two Termite Reports
Definition
Get instructions from buyer and seller
Term
Escrow Can...
Definition
Call for funding of loan
Term
Report to IRS
Definition
The purpose of Escrow
Term
Move in Early
Definition
Sellers written permission
Term
Release Disputed Funds
Definition
Instructions from all parties or court order
Supporting users have an ad free experience!