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37 Cards in this Set
- Front
- Back
- 3rd side (hint)
ECOA - Equal Credit Opportunity Act |
Law designed to prevent discrimination due to age in lending. Remember, MapCorners M - Marital Status A - Age P - Public Assistance (Social Security Disability) C - Color O - Opportunity (Equal Opportunity) R - Race N - National Origin E - Equal (Equal Opportunity) R - Religion S - Sex |
Law designed to prevent discrimination due to age in lending.Remember: MapCorners |
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Capitalization |
mathematical process for estimating the value of a property using a proper rate of return on the investment and the annual Net Operating Income expected to be produced by the property. |
Net Operating Income (NOI) Income / by rate = value (IRV) - circle formula. |
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Administrative Law |
Rules and regulations created by real estate commissions and departments, as authorized by the legislature. |
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Common Law |
The rules established by tradition and court decisions. |
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Purchase Money Mortgage |
When a seller extends credit to a buyer to finance the purchase of the property, accepting a mortgage in stead of cash. |
Conveys title |
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Gross Lease |
A lease of property according to which a landlord pays all property charges regularly incurred through ownership, such as repairs, taxes, insurance, and operating expenses. Most residential leases are gross leases. |
1) It's stable 2) Most residential leases are this type of lease. |
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Title Unities |
P - possession I - Interest T - Time T - Title |
Hint: there are four of theseThink Brad Pitt |
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Capitalization Rate |
Determined by comparing the relationship of net operating income with the sales prices of similar property that have sold in the current market. |
Hint: It expresses the return an income property will produce |
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A Specific Lien. Secured by specific property and affect only that particular property |
A Specific Lien. Secured by specific property and affect only that particular property |
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A General Lien covers all of debtors property Hint: A lien that attaches to all real and personal property until full payment is made. |
A General Lien covers all of debtors property Hint: A lien that attaches to all real and personal property until full payment is made. |
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Market Value is the value which reflects what buyers and sellers feel is a fair price. |
Market Value is the value which reflects what buyers and sellers feel is a fair price. |
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Revocable right of use is a license that is a revocable right of use and is not an encumbrance |
Revocable right of use is a license that is a revocable right of use and is not an encumbrance |
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An encumbrance is anything - such as a mortgage, tax, or judgment lien; an easement; a restriction on the use of the land; or an outstanding dower right - that may diminish the value or use and enjoyment of a property is an encumbrance |
An encumbrance is anything - such as a mortgage, tax, or judgment lien; an easement; a restriction on the use of the land; or an outstanding dower right - that may diminish the value or use and enjoyment of a property is an encumbrance |
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Term (straight) Loan Hint: Interest Only Loan |
A term (straight) loan are where periodic payments are made on interest only. |
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Estate for years is a rental tenancy that will expire on a fixed date |
Estate for years is a rental tenancy that will expire on a fixed date |
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if the increase in value of the real estate is more than the cost to renovate, the sellers would financially benefit by doing the renovation. This is an example of the appraisal principal of contribution. |
if the increase in value of the real estate is more than the cost to renovate, the sellers would financially benefit by doing the renovation. This is an example of the appraisal principal of contribution. |
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A standard title search would reveal all of the parties in possession. |
Title searches use public records to find all items that have been recorded. Items that are typically recorded are tax liens, deed restrictions, easements, and mortgages. The parties in possession of the property would be found through a physical inspection of the property. |
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Variance is permission obtained from zoning authorities to build a structure or conduct a use that is expressly prohibited by the current zoning laws; an exception from the zoning ordinances |
Variance is permission obtained from zoning authorities to build a structure or conduct a use that is expressly prohibited by the current zoning laws; an exception from the zoning ordinances |
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Fair Housing Act. The federal law that prohibits discrimination in housing based on race, color, religion, sex, disability, familial status and national origin. |
Fair Housing Act.The federal law that prohibits discrimination in housing based on race, color, religion, sex, disability, familial status and national origin. |
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An act that prohibits racial discrimination in the sale and rental of housing |
Civil Rights Act of 1866 |
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Regulation to a lesser position, usually in respect to a right or security |
Subordination |
This agreement can change the priority of mortgage liens. Starts with a "C" |
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A provision in the mortgage stating that the entire balance of the note is immediately due and payable if the mortgagor transfers (sells) the property. Requires full payment on transfer of title. |
Due-On-Sale-Clause |
Requires full payment on transfer of title. |
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A promissory note is a financing instrument that states the terms of the underlying obligation, is signed by its maker, and is negotiable (transferable to a third party). |
A promissory note is a financing instrument that states the terms of the underlying obligation, is signed by its maker, and is negotiable (transferable to a third party). |
Transferable to a third party |
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Charging interest in excess of the maximum rate allowed by law. |
Usury |
This law is set at the state level |
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CFPB |
Consumer Financial Protection Bureau |
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Debt service is the cash that is required for a particular time period to cover the repayment of interest and principal on a debt. Debt service is often calculated on a yearly basis. |
Debt Service |
Debt service is the cash that is required for a particular time period to cover the repayment of interest and principal on a debt. Debt service is often calculated on a yearly basis. |
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Covers both personal and real property |
Package Mortgage |
Covers both personal and real property |
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Seller holds the deed until the last payment has been made |
Contract for deed |
Seller holds the deed until the last payment has been made |
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A mortgage that has no government insurance or guarantee |
Conventional mortgage |
A mortgage that has no government insurance or guarantee |
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Most likely found in a blanket mortgage. This clause permits the borrower to obtain the release of any one lot or parcel from the blanket lien by repaying a certain amount of the loan. |
Partial Release Clause |
A partial release clause is an agreement between the commercial lender and the borrower whereby a mortgage that blankets two or more parcels will be released from a particular parcel upon the payment to the commercial lender of a previously-agreed amount of money. |
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A construction loan is an example of "_______" financing |
Interim financing |
Also known as take-out |
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For a seller's agent who must treat the buyers as customers, which form would the seller's agent use to create a customer relationship? |
Brokerage Disclosure to Buyer |
The answer is brokerage disclosure to buyer. To create a customer relationship in Colorado, the Brokerage Disclosure to Buyer or Seller form must be signed. Because the agent represents the seller in this question, the Disclosure to Buyer form would be used. The other forms would not be appropriate for this function. |
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To be in compliance with Conway-Bogue, a Colorado broker must do all of the following EXCEPT |
Give a written disclosure before accepting any confidential information. |
The answer is give a written disclosure before accepting any confidential information. Conway-Bogue requires brokers to have a connection to the transaction, not charge a separate fee for completing legal documents, and use only standard or approved documents unless an attorney prepares them for a party to the transaction. The broker is required to give a written disclosure prior to accepting any confidential information under Rule E-35, not Conway-Bogue. |
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The Closing Instructions form |
is an agreement between the seller, the buyer, and the title company. |
The Closing Instructions form is an agreement between the seller, the buyer, and the title company. It should be delivered with the earnest money if possible and must be delivered with the earnest money if a title company is holding the funds. |
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Straight line depreciation is the Improvement Value divided by the number of years the improvement is expected to last. This will give you the annual straight line depreciation. |
Straight line depreciation is the Improvement Value divided by the number of years the improvement is expected to last. This will give you the annual straight line depreciation. |
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The Real Property Transfer Declaration - TD 1000 provides essential information to the county assessor to help ensurefair and uniform assessments for all property for property tax purposes. |
The Real Property Transfer Declaration - TD 1000 provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. |
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Substitution is the most important principal in appraisal. It is the basis of the sales comparison approach and is used in all three approaches (Sales comparison / market data approach, Cost approach, Income approach) - In real estate the (like any commodity) the lowest price with the highest value will sell first. - The buyer considers the cost of acquiring an equally desirable substitute that meets the same criteria of time, function and utility. - To be accurate, all approaches to value must consider what the market will pay. |
Substitution is the most important principal in appraisal. It is the basis of the sales comparison approach and is used in all three approaches (Sales comparison / market data approach, Cost approach, Income approach)- In real estate the (like any commodity) the lowest price with the highest value will sell first. - The buyer considers the cost of acquiring an equally desirable substitute that meets the same criteria of time, function and utility.- To be accurate, all approaches to value must consider what the market will pay. |
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