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76 Cards in this Set

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Ability to Repay Rule

A residential lender is to verify that the borrower has reasonable ability to repay the loan

Qualified Mortgage

A.L.T.A

American Land Title Association A national association of title companies.

Extended Coverage Policy, Lenders Policy, Owners Policy, Title Insurance

Agency

A legal relationship in which the Principal appoints an agent to act in his/her behalf.

Agency Coupled with an interest, Agent, Client, Customer, Dual Agency, Fiduciary, Principal

Abstract of Title

A summary of all documents that appear on public record affecting a parcel of real property

Certificate of Title, Chain of Title

1099 S

Reports proceeds from real estate transaction to the IRS

Appraisal

An opinion of the value of a property given for a specified date in time

Appraisal Methods

Abatement

To reduce in amount, such as the removal or encapsulation of asbestos

Asbestos

Abandonment of Homestead

A document recorded to terminate a homestead exemption

Homestead

A.P.R.

Annual Percentage Rate The calculations of all financing charges pertaining to a loan, expressed in an annual rate

R.E.S.P.A., Regulation Z

Agent By Necessity

An act of law or circumstances requiring a limited agent to act beyond his authority.


(Principal consent not required)

Limited Agent, Principal

Accrued Depreciation

For tax purposes, the cumulative amount of depreciation up to a certain time.

Economic Depreciation, Functional Depreciation, Physical Depreciation

Adult

A person who is in his/her majority - usually 18 years old

Infancy, Majority

Agent

One who is authorized to act for a Principal

Agency, Fiduciary, General Agent, Limited Agent, Subagent, Universal Agent

Actual Age

The chronological age of a structure.

Economic Life, Effective Age

Actual Eviction

Direct actions of landlord to remove a tenant from premises through the legal process

Constructive Eviction

Affidavit of Value

A sworn document that identifies the Grantor and states the value paid for real property. Signed by both parties and notarized.

Adverse Possession

Acquiring title to real property due to continuous, open, and hostile use for a prescribed length of time.

Easement by Prescription

Actual Delivery

The Grantor physically hands the Deed to the Grantee.

Escrow Delivery

Aggrieved

To cause grief or to injure ones legal rights.

Civil Law, Recovery Fund

Adjusted Basis

Purchase price plus the value of any capital improvements or the original cost minus deductions

Adjusted Purchase Price, Basis

Agreement for Sale

A document giving equitable title to a buyer (vendee) of real property. Also called “Contact for Deed.” Parties are usually called Vendor and Vendee.

Equitable Title, Land Contract

Actual Notice

Facts that are known to be true, actual knowledge.

Constructive Notice

Ad Valorem

According to the value. Arizona property taxes are based on ad valorem

Assessed Value, Assessment, Dollar Rate, Mill Rate

Agreement to Sell

Another name for a purchase contract

Bilateral Contract, Executed Contract, Executory Contract

Air Rights

The right to use the air space above a property

Caissons

Agency Coupled with an Interest

An agency (listing) in which an agent has an interest (usually financial) in the subject property.

Agency, Estoppel

Alienation Clause

A clause in a loan document calling for the entire balance due and payable when the property is sold.

Acceleration Clause, Due on Sale Clause

Adjusted Gross Income

The total potential gross income minus vacancy and credit loss. Also called Effective Gross Income

Capitalization Approach, Gross Schedule Income, New Operating Income.

Adequate Water Supply

Subdivisions in Arizona located outside an Active Management Area are not required to have a 100 year water supply.

Assured Water Supply

Amendatory Clause

AKA the F.H.A. Escape Clause

Escape Clause

All-Inclusive Deed of Trust

A wraparound loan arrangement whereby a Deed of Trust is used in place of a mortgage.

Deed of Trust, Wraparound

Amenities

Those desirable features (extras) of a property that may benefit an owner

Objective Value, Subjective Value

Active Management Area

Areas in Arizona with heavy reliance on ground water: Phoenix, Prescott, Pinal, Pima, Santa Cruz

Assured Water Supply

Adjusted Purchase Price

Original purchase price plus capital improvements

Adjusted Basis, Basis, Capital Improvements

Administrator

An individual appointed by the court to handle the estate of a party who dies

Executor, Intestate, Testate

Acre Foot

One acre of land with water one foot deep. 325,850 gallons of water

Acre

Acre

43,560 square feet, if it were in the shape of a square, it would measure approximately 208.71 feet on each side

Americans With Disabilities Act (ADA)

Federal law designed to eliminate discrimination against individuals with disabilities by requiring equal access to accommodations

Federal Fair Housing

Amortization

A schedule of payments that will eventually extinguish the entire obligation.

Balloon Payment

Acknowledgement

Signing a legal document before a Notary Public or other authorized person

Notary Public

Accretion

The gradual build up of land by wind or water

Alluvium, Reliction

Agency by Ratification

Unauthorized actions of an agent that are later approved by the Principal

Ostensible Authority

Acceptance

An agreement binding one of the terms of an offer.

Bilateral Contract, Contract, Offer, Unilateral Contract

Acceleration

The Lenders right to call the entire loan all due and payable if certain conditions are violated

Alienation Clause, Due On Sale Clause

Abutting Land

Parcels of land having common boundaries

Asset

All valuable items held by a person which may be used to liquidate

Capital, Frozen Asset, Liquid Asset

Anchor Tenant

A Triple-A tenant that gives exposure and stability to a shopping center

Assured Water Supply

Subdivisions in Arizona located in an Active Management Area need to provide a 100 year water supply

Adequate Water Supply

Authorization to Sell

Another term for a listing agreement.

Listing Agreement

Arbitration

The settling of a dispute between two parties by a neutral party.

Interpleader

Annuity

A series of payments made at specified intervals

Annexation

The method of attaching personal property to real property so that it becomes a fixture

Fixture

Appraisal Methods

Market Data Approach, Cost Approach, Income Approach

Appreciation

The increase in property value due to external or internal causes

Unearned Increment

Appurtenant

That which belongs to the property rights, privileges, and improvement.

Corporeal, Incorporeal, Tenements

Alluvium

Sand, clay, ect., deposited by following water.

Accretion

Allodial Sustem

The rights of individuals to private ownership of real property

Bundle of Rights, Feudal System

Anticipation

The present value of property is determined by the future benefits to be obtained from that property.

Conformity, Contribution, Substitution

Avulsion

The loss of land due to sudden and violent acts of nature

Accretion, Erosion, Involuntary, Alienation

Arbitrage

To change a higher interest rate to the buyer that is currently being charged on the loan.

Wrap Around Mortgage

Axial Theory

Theory of land use development along major highways

Concentric Theory, Multiple Nuclei Theory

Automatic Stay

In bankruptcy an automatic injunction that halts actions by creditors

Chapter 7, Chapter 11, Chapter 13

Attorney-In-Fact

One who has written authorization to act for another under a power of attorney

Agent, General Agent, Limited Agent, Power of Attorney

Attachment

The taking of property into custody, pending the outcome of a legal action

Garnishment, Judgement Lien, Lis Pendens, Specific Lien

Assumption of Mortgage

The Grantee taking title to real property and assuming liability for an existing obligation. The original mortgagor still remains liable.

Assignor

One who transfers a specified interest in property

Assignee, Assignment

Assignment of Rents

The right of a lender to collect rents from the borrowers tenants in case of loan default.

Foreclosure

Assignment of Lease

The transferor of all or part of the tenants rights to another party.

Sandwich lease, Sublease

Assignment

The transferring of interest from one party to another in a purchase contract or lease.

Assignee, Assignor, Nominee

Assignee

One to who interest in property is transferred.

Assignment

Assessment

A tax charged to the owner of real property for benefits received. Tax is usually based on a por rata share.

Af Valorem, Pro Rata Share

Assessed Value

The value placed on real or personal property for tax purposes.

Ad Valorem

Asbestos

A fire resistant mineral used in building and household products that has been found to cause lung cancer.

Abatement

Arrears

(Paid) after its usage, such as Arizona property taxes and interest on real estate loans.

Assemblage

The process of combining two or more smaller parcels of land into one large tract.

Plottage

Arm’s Length Transaction

A business transaction in which all parties have equal bargaining opportunity.

Under influence