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51 Cards in this Set
- Front
- Back
ABSTRACT OF TITLE |
A history of ownership which lists transfers of title, liabilities, and rights |
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ACCESSION |
Owner of the land is entitled to anything the land produces even if it is unintentional. |
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AD VOLERUM |
Based on value- a tax on property |
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ADVERSE POSSESSION |
A method of openly acquiring title for a stated period of time |
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ALIENATION CLAUSE |
Requires full payment of the debt upon transfer of title due at sale- prevents loan assumption |
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APPURTENANCES |
Any right or privilege which belongs to and passes with the land |
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ARM’S LENGTH TRANSACTION |
A willing buyer and a willing seller having complete knowledge of the current market |
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ARREARS |
Not on time; Interest is paid this way |
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AVULSION |
An all of a sudden loss of land due to nature |
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BALLOON PAYMENT |
The remaining balance of a loan that has not been paid by full maturity- partially amortized loan |
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BARGAIN AND SALE DEED |
An instrument conveying title through valuable consideration |
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BLANKET MORTGAGE |
A mortgage that covers more than one piece of real estate- typically used by developers |
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BLOCKBUSTING |
Driving prices down to transition area from one ethnic background to another- AKA panic selling— violation of Fair Housing Laws |
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BUFFER ZONE |
A space used to separate two adjoining districts |
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CHAIN OF TITLE |
A history of ownership affecting title of a parcel of land |
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CAVEAT EMPTOR |
"Let the buyer beware" |
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BUNDLE OF RIGHTS |
rights of an owner- DEEPC Dispose Enjoy Exclusive Possess Control |
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CIVIL RIGHTS ACT OF 1866 |
Prohibits discrimination based on race in any real estate transaction |
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CLOUD ON TITLE |
a claim affecting title to property |
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COMMINGLING |
Illegally mixing deposit monies with one's personal/business account-- could be from depositing too soon or pulling withdrawing too late from escrow account |
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COMPARATIVE ANALYSIS |
a method used to determine value of property- selling prices of similar properties are used as the basis for estimating value |
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CONVEYANCE |
transfer of title to land from one party to another |
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COST APPROACH |
method used to estimate value based on the economic principles of substitution |
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COVENANT OF SEISIN |
assures that the grantor has the exact estate in the quantity and quality in which it is being conveyed-- "I own and have the right to sell." |
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COVENANT OF QUIET ENJOYMENT |
assures the grantee of peaceful possession |
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DEED |
contains an agreement to transfer some property interest from one party to another |
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DEED OF TRUST |
a deed to real property involving three parties instead of two |
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DEFICIENCY JUDGEMENT |
a personal claim based on judicial order against the debtor-- property fails to bring in a price to cover mortgage amount at a foreclosure sale |
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DEFEASIBLE FEE SIMPLE |
ownership with conditional restrictions |
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DEFEASANCE CLAUSE |
satisfaction of mortgage-- causes title to automatically pass back to borrower once debt is satisfied |
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DEVISE |
transferring title to real property by will |
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DOMINANT ESTATE |
tract of land in an easement that benefits from the use of the easement |
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DUE-ON-SALE CLAUSE |
permits the lender to require the borrower to repay the outstanding balance when the property is sold |
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EASEMENT APPURTENANT |
easement created to benefit adjacent land |
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EARNEST MONEY |
sum of money given to bind an offer |
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EASEMENT IN GROSS |
personal right to use the land of another |
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ECONOMIC OBSOLESCENCE |
loss in value due to factors outside of the subject property; AKA external obsolescence |
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EMINENT DOMAIN |
right of the government to acquire property for a public purpose after compensating owner |
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ELBLEMENTS |
crops which require annual planting |
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ENCUMBRANCE |
interest in or claim on the land of another which burdens or diminishes the caller of the property |
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EQUAL CREDIT OPPORTUNITY ACT (ECOA) |
prohibits discrimination by lenders on the basis of sex or marital status in a credit transaction |
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ESCHEAT |
the right of the government to ownership of property, which is left by a deceased property owner who leaves no will and dies without descendants |
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ESTATE AT WILL |
an occupation of space, for an indefinite period, which can be terminated by either the lessor or lessee at any time-- aka tenancy at will |
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ESTATE AT SUFFERANCE |
retaining possession without the consent of the landlord after the lease has expired-- aka tenancy at sufferance |
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ESCROW |
the deposit of funds with a neutral third party who is instructed to carry the provisions of an agreement |
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ESTATE FOR YEARS |
-leasehold -definite period of time - no notice needed to terminate |
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ESTATE FROM PERIOD TO PERIOD |
-leasehold -automatically renewed -aka periodic tenancy -month to month -notice needed to terminate |
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ESTATE IN FEE |
the max possible estate one can possess in real property-- aka fee simple absolute |
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EXCLUSIVE AGENCY LISTING |
-employs one broker -can personally sell the property and NOT pay commission -commission paid to listing broker if another real estate company sells the property |
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EXCLUSIVE RIGHT TO SELL |
the broker employed is entitled to a commission no matter who sells the property during the listing period |
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EXPRESS CONTRACT |
an agreement formed through the oral or written words of the parties |