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139 Cards in this Set

  • Front
  • Back

take out loan

The loan arranged by the owner or builder/developer for a buyer; the permanent financing that pays off and replaces the interim laon used during construction

Tacking on

allowing successors in interest to add on their adverse use in obtaining the five years necessary for an easement by prescription or title by adverse possession

tax deed

deed issued by the county tax collector when property is sold at public auction because of nonpayment of taxes


a deed given at a tax sale

Taxable gross income

Income from all sources, less certain payments, such as contributions to a qualified retirement plan

Tax shelter

Use of passive loss depreciation to shelter active income from taxation

Taxable income

income that remains after allowed deductions from adjusted gross income

tax bracket

tax rate applicable to a taxpayer’s taxable income

Tax credit

reduction in tax owed

Tax deed

deed issued by the county tax collector when property is sold at public acution becuase of nonpayment of taxes

Tax deferred exchange

transfer of property held for porductive use in a trade or business or for investment in exchange for like kind property in a trasaction that meeets the requirements of Section 1031 of the Internal Revenue Code

Tax increment funding

payments on bonds through collection of increased taxes on improvements financed by the bonds

Tax lien

liens for property taxes are specific priority liens against the property assessed. Liens for state and federal income tax are general liens against the property of the taxpayer


an involuntary lien that arises from a taxpayer’s obligation to pay real property taxes, state income and estate taxes, or federal income, gift, and estate taxes

Taxpayer advocate’s office

state office that assists taxpayers in explaining and resolving tax issues.

Tax rate

percentage of income, proceeds, or consideration paid that is charged for a specific tax; the documentary transfer tax ratee is 55 cents per $500 or fraction of $500 of the consideration paid for property

Tenancy at sufferance

the tenancy of a holdover tenant. The lessor can treat such a tenant as a trespasser

Tenancy at will

a tenancy at the pleasure of the lessor

Tenancy by the entirety

Not used in Califronia, it is a joint tenancy between spouses where neither spouse can separately convey his or her interest

Tenancy for years

a tenancy for a definite period of time. The tenancy does not renew automatically, and the tenant must give up possession at the end of the lease unless an extension to the lease or a new lease is agreed on

Tenancy in common

co-ownership of property in equaly or unequal shares by two or more persons, each holding an undivided interest without right of survivorship


undivided interest in property without the right of survivorship

Tenancy in partnership

Ownership by two or more persons, acting as partners, of property held for partnership pruposes

tender

an offer of money or full performance of an agreeement without any conditions

Tenant

lessee under a lease; onw who has the legal right to possession and use of property belonging to another

Tentative map

initial map filed by a subdivider under the subdivision map act. When all approvals and changes are made, the final map is recorded.

Tender

an offer to perform a contracted obligation

Tentative subdivision map

the initial or teentative map required of subdividers by the SUbdivision Map Act, submitted to the local planning commission, which notes its approval or disapproval; a final map embodying any changes requested by the planning commission also must be submitted

Testamentary trust

a trust established by will and funded with proceeds from the estate of the decedent

Termination statement

a statemeent that, when filed, releases the lien of the financing statement

Testate

having a will upon death

Testator

a peerson who makes a will

Third party originator

a party who prepares loan applications for borrowers and submits the loan package to lenders


a person, not a party to a contract , who was the intended beneficiary of the contract and therefore has a standing to sue if the contract is breached

Tiers

in the rectangular survey system of land description, townships running north and south of a base line

30 day notice

a notice to vacate under a periodic tenancy. Notice must be for the length of the rent - paying period, but need not be for more than 30 days

TILA-RESPA Integrated Disclosure Rule (TRID)

Federal rule that provides for loan estimate and closing disclosure forms in residential loan transactions.

Three day notice

a notice to quit, quit or pay rent, or quit or cure that must be given before an unlawful detainer action

Time share estate

a right of occupancy in a time share project (subdivision coupled with an estate in the real property)

time share project

a form of subdivision of real property into rights to the recurrent, exclusive use or occupancy of a lot or unit of the property on an annual or other periodic basis, for a specified period

Tidelands

land between ordinary high and low tides

Tie in agreement

requirement that a party agree to another nonrelated transsaction as a condition of purchase of sale (sherman act violation)

Time - share use

a license or contractual or membership right of occupancy in a time share project is not coupled with an estate in the real property

“Time is of the essence”

a statement in a contract that requires performance within the stated time period if the other party is to be bound by the agreement

Time-share

fractionalized ownership whereby each owner has exclusive right of occupancy for an agreed on period of time

Title insurance

insurance to protect a real property owner or lender up to a specified amount against certain types of loss affecting title or marketablity


a policy that insured the marketability of title. The insurance contract indemnifies the insured against losses not excluded by the policy, up to the policy amount

Title insurance company

business liceensed by the state to insure buyers and lendeers against losses due to deefects in title to real estate

Tort

any wrongful act, other than a breach of contract, for which a civil action may be brought by the person wronged

Tort

any wrongful act, other than a breach of contract, for which a civil action may be brought by the person wronged

Title plant

the title records of a title insurer to determine marketability of title

Tort

any wrongful act, other than a breach of contract, for which a civil action may be brought by the person wronged


a civil wrong or violation of a duty

Title plant

the title records of a title insurer to determine marketability of title

Title insurance fund

specified amount of premiums collected by a licensed Califronia title isnurance company that must be set aside each year

Title plant

detabse of a title insurance company that includes records of real estate transfers

Title theory (mortgage)

The theory in some states that a mortgage transfers title to the mortgagee as security for the loan

Title theory (mortgage)

The theory in some states that a mortgage transfers title to the mortgagee as security for the loan

Township

a standard land area of six miles square, divided into 36 sections of one mile square each, used in the rectangular survey system of land description

Title theory (mortgage)

The theory in some states that a mortgage transfers title to the mortgagee as security for the loan

Township

a standard land area of six miles square, divided into 36 sections of one mile square each, used in the rectangular survey system of land description

Trade fixtures

fixtures installed by a tenant for the purpose of conducting a business or trade. The trade ficture remains personal property and can be removed by the tenant

Title theory (mortgage)

The theory in some states that a mortgage transfers title to the mortgagee as security for the loan

Township

a standard land area of six miles square, divided into 36 sections of one mile square each, used in the rectangular survey system of land description

Trade fixtures

fixtures installed by a tenant for the purpose of conducting a business or trade. The trade ficture remains personal property and can be removed by the tenant


articles of personal property that are annexed by a business tenant to real property that are necessary to the carrying on of a trade and are removable by the tenant

Toxic mold

Usually a greenish black mold that causes respiratory problems. It usually grows on metrial with a high cellulose content

Transferability

One of the foure elements that must be present for a market to be created; demand, utility, scarcity, and trasnferability

Transferability

One of the foure elements that must be present for a market to be created; demand, utility, scarcity, and trasnferability

triple - net lease

Guarantees a specific net income to the landlord, with the tenant paying the amount plus all operating and other property expenses, such as taxes, assessments, and insurance

Transfer disclosure statement

requires sellers disclosrues for residential sales

Transfer disclosure statement

requires sellers disclosrues for residential sales

Trust

method of property ownership in title is transferred by a trustor to a trustee to be held for the benefit of a beneficiary

Transfer disclosure statement

requires sellers disclosrues for residential sales

Trust

method of property ownership in title is transferred by a trustor to a trustee to be held for the benefit of a beneficiary

Trust account

an account separate from a broker’s own funds (business and personal) in which the broker is required by law to deposit all funds collected for clients befroe disbursement 支出

Transfer disclosure statement

requires sellers disclosrues for residential sales

Trust

method of property ownership in title is transferred by a trustor to a trustee to be held for the benefit of a beneficiary

Trust account

an account separate from a broker’s own funds (business and personal) in which the broker is required by law to deposit all funds collected for clients befroe disbursement 支出

treaty of guadalupe hidalgo

treaty ending the mexican-american war where by United States agreed to honor property rights of Mexican citizens, which included the community property concept

Transfer disclosure statement

requires sellers disclosrues for residential sales

Trust

method of property ownership in title is transferred by a trustor to a trustee to be held for the benefit of a beneficiary

Trust account

an account separate from a broker’s own funds (business and personal) in which the broker is required by law to deposit all funds collected for clients befroe disbursement 支出

treaty of guadalupe hidalgo

treaty ending the mexican-american war where by United States agreed to honor property rights of Mexican citizens, which included the community property concept

Trust deed

a deed issued by a borrower of funds (the trustor) conveying title to a trustee on behalf of a lender, the beneficiary of the trust; the trust deed authorizes the trustee to sell the property to pay the remaining indebtedness to the beneficiary if the trustor defaults on the underlying obligation

Transfer disclosure statement

requires sellers disclosrues for residential sales

Trust

method of property ownership in title is transferred by a trustor to a trustee to be held for the benefit of a beneficiary

Trust account

an account separate from a broker’s own funds (business and personal) in which the broker is required by law to deposit all funds collected for clients befroe disbursement 支出

treaty of guadalupe hidalgo

treaty ending the mexican-american war where by United States agreed to honor property rights of Mexican citizens, which included the community property concept

Trust deed

a deed issued by a borrower of funds (the trustor) conveying title to a trustee on behalf of a lender, the beneficiary of the trust; the trust deed authorizes the trustee to sell the property to pay the remaining indebtedness to the beneficiary if the trustor defaults on the underlying obligation

Trsutee

own who holds property conveyed by a trustor on behlaf of ( in trust for) the beneficiary, to secure the performance of an obligation

Transfer disclosure statement

requires sellers disclosrues for residential sales

Trust

method of property ownership in title is transferred by a trustor to a trustee to be held for the benefit of a beneficiary

Trust account

an account separate from a broker’s own funds (business and personal) in which the broker is required by law to deposit all funds collected for clients befroe disbursement 支出

treaty of guadalupe hidalgo

treaty ending the mexican-american war where by United States agreed to honor property rights of Mexican citizens, which included the community property concept

Trust deed

a deed issued by a borrower of funds (the trustor) conveying title to a trustee on behalf of a lender, the beneficiary of the trust; the trust deed authorizes the trustee to sell the property to pay the remaining indebtedness to the beneficiary if the trustor defaults on the underlying obligation

Trsutee

own who holds property conveyed by a trustor on behlaf of ( in trust for) the beneficiary, to secure the performance of an obligation

Trespass

Unlawful entry of, or injury to, the property of another

Transfer disclosure statement

requires sellers disclosrues for residential sales

Trust

method of property ownership in title is transferred by a trustor to a trustee to be held for the benefit of a beneficiary

Trust account

an account separate from a broker’s own funds (business and personal) in which the broker is required by law to deposit all funds collected for clients befroe disbursement 支出

treaty of guadalupe hidalgo

treaty ending the mexican-american war where by United States agreed to honor property rights of Mexican citizens, which included the community property concept

Trust deed

a deed issued by a borrower of funds (the trustor) conveying title to a trustee on behalf of a lender, the beneficiary of the trust; the trust deed authorizes the trustee to sell the property to pay the remaining indebtedness to the beneficiary if the trustor defaults on the underlying obligation

Trsutee

own who holds property conveyed by a trustor on behlaf of ( in trust for) the beneficiary, to secure the performance of an obligation

Trespass

Unlawful entry of, or injury to, the property of another

Trustee’s deed

Deed given to the purchaser at a foreclosure sale by the trustee acting under a deed of trust

Transfer disclosure statement

requires sellers disclosrues for residential sales

Trust

method of property ownership in title is transferred by a trustor to a trustee to be held for the benefit of a beneficiary

Trust account

an account separate from a broker’s own funds (business and personal) in which the broker is required by law to deposit all funds collected for clients befroe disbursement 支出

treaty of guadalupe hidalgo

treaty ending the mexican-american war where by United States agreed to honor property rights of Mexican citizens, which included the community property concept

Trust deed

a deed issued by a borrower of funds (the trustor) conveying title to a trustee on behalf of a lender, the beneficiary of the trust; the trust deed authorizes the trustee to sell the property to pay the remaining indebtedness to the beneficiary if the trustor defaults on the underlying obligation

Trsutee

own who holds property conveyed by a trustor on behlaf of ( in trust for) the beneficiary, to secure the performance of an obligation

Trespass

Unlawful entry of, or injury to, the property of another

Trustee’s deed

Deed given to the purchaser at a foreclosure sale by the trustee acting under a deed of trust

Trust deed

a three party security transaction in which the trustor (borrower) gives a note to the beneficiary (lender) and a title (trust deed) to a trustee as security for the note

Transfer disclosure statement

requires sellers disclosrues for residential sales

Trust

method of property ownership in title is transferred by a trustor to a trustee to be held for the benefit of a beneficiary

Trust account

an account separate from a broker’s own funds (business and personal) in which the broker is required by law to deposit all funds collected for clients befroe disbursement 支出

treaty of guadalupe hidalgo

treaty ending the mexican-american war where by United States agreed to honor property rights of Mexican citizens, which included the community property concept

Trust deed

a deed issued by a borrower of funds (the trustor) conveying title to a trustee on behalf of a lender, the beneficiary of the trust; the trust deed authorizes the trustee to sell the property to pay the remaining indebtedness to the beneficiary if the trustor defaults on the underlying obligation

Trsutee

own who holds property conveyed by a trustor on behlaf of ( in trust for) the beneficiary, to secure the performance of an obligation

Trespass

Unlawful entry of, or injury to, the property of another

Trustee’s deed

Deed given to the purchaser at a foreclosure sale by the trustee acting under a deed of trust

Trust deed

a three party security transaction in which the trustor (borrower) gives a note to the beneficiary (lender) and a title (trust deed) to a trustee as security for the note

Trsutor

one who conveys property to a trustee to hold on behalf of (in trust for) a beneficiary to secure the performance of an obligation; borrower under a deed of trust

Trustee

the third party holding naked legal title for security purposes under a trust deed

Trustee

the third party holding naked legal title for security purposes under a trust deed

Trustee’s sale

sale of property held as security for payment of a loan on defualt of the trustor


sale by the trustee when the troustor defaults. A trustee’s deed is given to the purchaser

Trustee

the third party holding naked legal title for security purposes under a trust deed

Trustee’s sale

sale of property held as security for payment of a loan on defualt of the trustor


sale by the trustee when the troustor defaults. A trustee’s deed is given to the purchaser

Trustee’s deed

deed given by trustee to purchaser after trustee’s sale

Trustee

the third party holding naked legal title for security purposes under a trust deed

Trustee’s sale

sale of property held as security for payment of a loan on defualt of the trustor


sale by the trustee when the troustor defaults. A trustee’s deed is given to the purchaser

Trustee’s deed

deed given by trustee to purchaser after trustee’s sale

Trustor

the buyer or borrower under a trust deed

Trustee

the third party holding naked legal title for security purposes under a trust deed

Trustee’s sale

sale of property held as security for payment of a loan on defualt of the trustor


sale by the trustee when the troustor defaults. A trustee’s deed is given to the purchaser

Trustee’s deed

deed given by trustee to purchaser after trustee’s sale

Trustor

the buyer or borrower under a trust deed

Truth in lending act (TILA)

Federal law that reuires certain disclosues in consumer credit transactions; implemented by Regulation Z that is now subject to the Consumer Financial Protection Bureau


a disclosure law the informs borrowers of credit costs. It provides a right of rescission when credit is secured by a borrower’s residence


deferal act requiring loan term disclosures, as well as advertising disclosures

Trustee

the third party holding naked legal title for security purposes under a trust deed

Trustee’s sale

sale of property held as security for payment of a loan on defualt of the trustor


sale by the trustee when the troustor defaults. A trustee’s deed is given to the purchaser

Trustee’s deed

deed given by trustee to purchaser after trustee’s sale

Trustor

the buyer or borrower under a trust deed

Truth in lending act (TILA)

Federal law that reuires certain disclosues in consumer credit transactions; implemented by Regulation Z that is now subject to the Consumer Financial Protection Bureau


a disclosure law the informs borrowers of credit costs. It provides a right of rescission when credit is secured by a borrower’s residence


deferal act requiring loan term disclosures, as well as advertising disclosures

Truth in savings act

requires lender disclosure of costs and annual perceentage yield