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27 Cards in this Set

  • Front
  • Back

Appreciation

Appreciation is the increase in the value of a property due to changes in the market conditions, inflation, or other causes.

Assignment

When ownership of a mortgage is transferred from one entity or individual to another.

Balloon Mortgage

A mortgage loan that requires the remaining principal balance to be paid at a specific point in time.

Mortgage

A mortgage is a PLEDGE from the buyer.


Mortgagor - Buyer


Mortgagee - Bank



(Mortgage is Latin for death pledge)

Bridge Loan

A bridge loan is not used much anymore because second mortgage lenders will mow lend at high loan to value, and sellers often prefer to accept from buyers who have already sold their property.

Clear Title

A title which is free (clear) of liens or legal questions as to the OWNERSHIP of the property.

Collateral in a home loan

The home itself.

Land

The surface and all natural things, the subsurface, and the air above the surface.

Real Estate

Land plus all man-made permanent attachments

Real Property


(4 points)

Real Estate plus the Bundle of Rights.



*Land


*Fixtures


*Attachments

The Constitution guarantees

Private ownership of Real Property

Immobility

Land cannot be moved from one site to another. It's location is forever fixed.

Indestructiblity


(3 points)

*land is permanent and cannot be destroyed since by definition, it extends below the ground and into the sky


*since land is permanent, it does not depreciate


*only improvements depreciate and are insurable

Non-Homogeneity

Land is non-homogenous, no 2 parcels of land are exactly the same since the have a different location.

Legal Title


(2 points)

* Full legal ownership of property and the bundle of rights as the apply to it.


* contrasts with equitible title

Equitible Title

An interest that gives the lien holder or buyer the right to acquire legal title to a property if certain conditions occur

Property Characteristics


(2 points)

* Property is either real or personal


* Property is either tangible or intangible

Real Property Rights


(4 Points)

* Airspace Rights


* Surface Rights


* Subsurface Rights


* Water Rights

Doctrine of Prior Appropriation


(2 points)

* State controls water usage


* State grants usage permits.

Riparian Rights


(3 points)

(Riparian - River)


* Applies to rivers and streams


* If waterway is navigable, owners own to waters edge


* If waterway is not navigable, owners own to midpoint of waterway

Littoral Rights


(3 points)

(Litoral - Lake)



*Applies to seas and lakes


* abutting properties own to high water mark.


* State owns underlying land.

Personal Property

* Chattles (movable - Chattles/Cattle - Cattle Moooves)


* Trade Fixtures


* Emblements

Trade Fixtures

Personal Property items temporarily attached to real estate to CONDUCT BUSINESS.

Emblements

* Plants or crops that are considered to be personal property despite being attached to the land.


* Emblement rights are valid until following harvest.

Severance


(type of "conversion")

Real Property to personal property


(severing it from the real estate)

Affixing


(Type of "Conversion")

Personal property to real property


(attaching it to the real estate)

Factory built housing


(Mobile/Manufactured Homes)

Real Property if affixed to the ground


Personal property if not affixed (permanently attached) to the ground