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48 Cards in this Set

  • Front
  • Back

Covered loan amendments


2

1) APR on mortgage/deed must be more than 8% over the yield on Treasury securities with comparable periods of maturity.


2) the total points and fees payable by the consumer must be higher than 6% of the total loan amount.

Points and fees


(Finance code 4970)

Items required to be disclosed as financial charges, not including interest; all compensation paid to mortgage brokers in connection with the loan transaction.

Consumer loan


(Finance code 4970)

Consumer credit transaction secured by real property located in California, which is used as the principal dwelling of the consumer.

Original Principal Balance

The total initial amount the consumer is obligated to repay on the loan.

Unruh Civil Rights Act

Protects people from discrimination because of sex, race, color, religion, ancestry, national origin,disability, medical condition, marital status and sexual orientation.

Is discrimination due to means of income illegal?

Yes!

Restrictive Covenant Modification

A person can record this, IF they believe that their property has been placed under unlawful restriction

“Notice of intention” must include: 4


(Amendment to Subdivided Lands Public Report)

1) owner’s and subdivider’s NAME AND ADDRESS


2) the legal description and area of lands; copies of contracts to be used


3) any provisions that have already been made for public utilities in the proposed subdivision.


4) The location of all existing airports located within two statute miles of the subdivision

Bankruptcy Abuse Prevention and Consumer Act


Exceptions from the “auto stay” law


2

1) if the lessor took action to obtain possession of property before the date the lessee/debtor’s bankruptcy petition was filed, the previously-filed proceeding taken by the lessor will remain in effect.


2) the landlord may legally evict the lessee and take possession of the property (provided that the lessor filed a certification, under penalty or perjury), based on some type of endangerment on the property or on the illegal use of controlled substances on the property.

Condominium project


(Davis-Stirling Common interest Development Act)

A condominium consists on an undivided interest in common in a portion of real property coupled with a separate interest in a space called a unit.

Community apartment project


(Davis-Stirling)

“A development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon”

Stock cooperative


(Davis-Stirling)

“A development in which a corporation is formed for the purpose of holding title to real property, and the shareholders receive a right of occupancy in a portion of the real property”.

Planned Development


(Davis-Stirling)

The common area is owned either by an association or in common by the owner’s of the separate interests and/or a power exists in the association to enforce an obligation of an owner of a separate interest, by means of an assessment which may become a lien upon the separate interests

The HOA of a common interest development must what?

Make ALL association records available to ANY owner who belongs to the HOA

3 requirements an HOA must do in keeping associated records

1) make available to members records from the previous 2 fiscal years


2) the current association records must be made available within 10 business days of receipt of the member’s request.


3) minutes of member and board meetings must be made PERMANENTLY available

CID amendment


In order to grant the exclusive use of a common area to an owner, there must be a passing affirmative vote of what % ? of the owners in common interest development

67% of the owners in common interest development

Who inspects elections of the owners in CID?

Independent third party which MAY NOT be a candidate for OR a member(or relative to one) of the board of directors; a person employed to the CID association

CID association’s board of directors FISCAL RESPONSIBILITIES


5

1) current reconciliation of the association’s operating costs, the current year’s actual reserve revenues and expenses compared to the current year budget, an income and expense statement for the CID association’s operating and reserve accounts, all in at least a quarterly basis.


2) the last account statements prepared by the financial institutions where the association has its accounts


3) In order to withdraw money from the association’s reserve accounts, the signatures of 2 people is required


4) MAY temporary transfer funds (must be restored within one year of the date of the initial transfer) from the reserve fund into the general operating fund of the association, if necessary to meet short-term cash flow needs or other expenses.


5) Authority to levy a special assessment

How often must the board of directors have an inspection conducted of the common area?

Every 3 years if the area has a remaining useful life of less than 30 years.

Estimated Remaining Useful Life

The time reasonably calculated to remain before a major component will require replacement.

Major component

Components with an estimated remaining useful life of more than30 years may be included in a study as a capital asset or disregarded from the reserve calculation.

3 regulations for assessments

1) Annual increases in regular assessments may not be imposed (except with specific provision or a quorum)


2) The board must not impose a regular assessment that is more than 20% of preceding one.


3. The board must not impose special assessments that will be more than 5% of the budgeted expenses, unless there is a quorum affirmative vote of owners.

Does the board limit assessment increases that are necessary for emergency situations?

No, no limit

Any regular assessments imposed to meet the association’s obligation are...

Exempt from execution only to the extent necessary for the association to perform essential services.

Any regular assessments imposed to meet the association’s obligation are...

Exempt from execution only to the extent necessary for the association to perform essential services.

Should the board levy an assessment...

It becomes the owner’s responsibility to pay it

Regular or special assessments of the association; late charges; reasonable collection costs/attorney’s fees and interest are considered ...

Debt to the owner

If the board approves the decision to initiate foreclosure, made by the majority vote, this vote to approve the lien foreclosure MUST be completed a minimum of how many days?

30 days before any public sale

In what case can the board NOT be a foreclosure on a lien?

Delinquent assessments are less than $1,800.

An association is permitted to foreclose on a lien if?

Delinquent assessments equal or more than $1,800 OR the assessments are more than 12 months delinquent.

Notice of lien requirements

in writing 30 days before a lien is recorded

Proposed physical changes of a unit MUST..

Be consistent with any governing provisions of law, including the Fair Employment and Housing Act

Nothing under the law authorizes any type of physical change to the common area, if that change is inconsistent with the association’s governing documents unless?

Unless the change is required by law

A real estate broker who arranges the purchase of a fractionalized interest in a Trust deed must record it in how many days?

Within 10 days of purchase

Is sending of unsolicited advertising faxes FROM OR TO someone in California ok?

No, prohibited

How much of a notice must landlords give if the want to terminate month-to-month tenants?

30 day notice

How much of a % of leakage must an A/C or heating duct must have in order for it to be required to be repaired?

15%

What must the government give if there are lower income housing units?

Give The housing developer a density bonus

In housing in California, Regulations must not be used for what?

As means of disapproving a housing development project if it is proposed on a site as suitable or available for very low-, low-, or moderate-income households in the jurisdiction’s housing element, and consistent with the density specified in the housing element, even though it is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation.

Feasible

Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and working within the neighborhood.

How many days does the person authorized to record a notice of default or notice of sale, deposit in the US mail an envelope to be sent with the postage prepaid?

10 business days

The new law permits how many postponements of the sale proceeding ANY time to the completion of the sale, for any period of time that may not exceed a total of 365 days from the date which was set forth in the notice of sale?

Any number of postponements

A mobile home rental agreement must not include what?

Any provision that offers the management of a mobile home park the first right of refusal.

The person selling the mobile home would have received this home after what?

After the death of its original owner

Registered domestic partners = ?

Equal to spouses and are allowed to transfer property to each other without having to have the property reassessed and taxed at the current market value.

The laws generally limit ad valorem taxes on real property to what %?

1% of the full cash value of that property

A county tax assessor is prohibited from assigning parcel numbers OR preparing a separate assessment or separate valuation to divide any existing residential structure into a subdivision UNTIL WHAT?

Until a subdivision final or parcel map has been recorded as required by law.

California laws are what and always what?

Fluid and always changing