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32 Cards in this Set

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  • Back

Fictitious

of, pertaining to, or consisting of fiction; imaginatively produced orset forth; created by the imagination:



Example: John is his real name. But he is signing under his company name (a fictitious name) such as "Brookfield Homes."

How many square feet are there in an acre?

43,560 square feet in an acre.


4,840 square yards in an acre.

Rescission

The act to rescind. To abrogate; annul; revoke; repeal.

Detainer

the wrongful detaining or withholding of what belongs to another.

Grantor Vs Grantee

Grantor: A person or organization that makes a grant


Grantee: The receiver of a grant

Trustor Vs Trustee & Beneficiary

Trustor: A person who creates a trust


Trustee: a person, usually one of a body of persons, appointed to administer the affairs of a company, institution, etc.


a person who holds the title to property for the benefit of another.


Beneficiary: A person or group that receives the benefits, profits or advantages

Lessor

A person or group who grants a lease.



Example: A Landlord

What is a percolation test?

A test to determine the absorption rate of the soil for a septic drain field or a "leach field"

What is a leach field?

Final destination where water released from your toilets. Like a septic tank.

What is a Grant Deed and what does it contain?

A legal document used to transfer ownership of real property. A grant deed contains the name of the person or entity transferring the property (the grantor); the legal description of the property being transferred (i.e., lot number, tract number, city, county and state); and the name of the person or entity that the property is being transferred to (the grantee). The grant deed shows that the title has not already been granted to another person.

Sublease

a lease granted by one who is already a lessee of a property, as anapartment.



If you rented an apartment for a year. But you were traveling 4 months out of that year. You could sublease your apartment to a friend or some other person to use for those 4 months away. They pay for your rent.

Fiduciary

A person to whom property or power is entrusted for the benefitof another.



Like a trustee

Ratification

the act of ratifying; confirmation; sanction.

What is a bar?

anything that obstructs, hinders, or impedes; obstacle; barrier:

Estoppel

a bar or impediment preventing a party from asserting a fact or aclaim inconsistent with a position that party previously took.



When a party reasonably relies on the promise of another party, and because of the reliance is injured or damaged.

Litigant

a person engaged in a lawsuit.

Ostensible

outwardly appearing as such; professed; pretended:



apparent, evident, or conspicuous

Novation

the substitution of a new obligation for an old one, usually by the substitution of a new debtor or of a new creditor.



The act of either: replacing an obligation to perform with a new obligation; or adding an obligation to perform; or replacing a party to an agreement with a new party



Subrogation

To put into the place of another; substitute for another.

Hypothecation

The established practice of a borrower pledging an asset as collateral for a loan while retaining ownership of the assets and enjoying the benefits therefrom.



Basically a personal guarantee on something. If you don't make the payments back. You lose it.

Duress

compulsion by threat or force; coercion; constraint.

What is a "Rider"

A provision of an insurance policy that is purchased separately from the basic policy and that provides additional benefits at additional cost. Standard policies usually leave little room for modification or customization, beyond choosing deductibles and coverage amounts.

Tender

To invite bids for a project, or to accept a formal offer such as a takeover bid.

Emancipated

not constrained or restricted by custom, tradition, superstition, etc.



freed, as from slavery or bondage.

Escrow

a contract, deed, bond, or other written agreement deposited with athird person, by whom it is to be delivered to the grantee or promiseeon the fulfillment of some condition.

Economic obsolescence

as a form of depreciation, or an incurable loss in value, caused by unfavorable conditions external to the property, such as the local economy, economics of the industry, availability of financing, encroachment of objectionable enterprises, loss of material and labor sources.

Financial obsolescence

Financially insecure.

Functional obsolescence

A loss of value from all factors within a property except for physical deterioration.This may include a poor floor plan,the lack of a garage,high ceilings that dramatically increaseheating costs, or the lack of central air conditioning in the South. Contrast with economic obsolescence (factors outside the property that depress its value) and physicalobsolescence (deterioration).

Capitalization

to authorize a certain amount of stocks and bonds in the corporate charter of



divide the expected annual net profit on the property by the current market value of the property


Gross Multiplier

A rough measure of the value of an investment property that is obtained by dividing the property's sale price by its gross annual rental income. GIM is used in valuing commercial real estate, such as shopping centers and apartment complexes, but is limited in that it does not consider the cost of factors such as utilities, taxes, maintenance and vacancies. Other, more detailed methods commonly used to value commercial properties include capitalization rate (cap rate) and the discounted cash flow method.

Appreciation

An increase in the value of an asset over time. The increase can occur for a number of reasons including increased demand or weakening supply, or as a result of changes in inflation or interest rates. This is the opposite of depreciation, which is a decrease over time.

Inflation

An increase in the market value of items.