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133 Cards in this Set

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What is equity?

The value minus the debit

Market price actual sales

Used to detrimental Price of the property

(Appraisal process)

The income approach

Used to estimate value of commercial units

(Appraisal process)

Sales comparison approach

Estimate value of residential units

(Appraisal process)

Cost approach

Unique properties

(Appraisal process)

GRM (Gross rent mutiplier)

Used to determine the value of residential properties

How many principle values are there to the appraisal process?

4

Contribution

Is the principal used to determine cost of improvements

(PRINCPLE VALUES)

Highest and best use

Is used to determine the best use over time

(PRINCPLE VALUES)

Supply and demand

Used to determine if market has too much stock or not enough and how it impacts pricing

(PRINCPLE VALUES)

Conformity

Applies to the properties surrounding the subject

(PRINCPLE VALUES)

P.I.T.T

Possession, Intrest, Title, TIme

Types of ownership

O.L.D.C.A.R

Obedience, Loyalty, Disclosure, Confidentiality, Accounting, and Reasonable care and skill

PTM?

The agent must keep price terms and motivation confidential

Oldcar

Types of agency

Special agency authorized to preform a particular act without the principle, General agency authorized to preform a series of acts associated with a continued operation of a business, Universal agency authorized to preform in place of principle.

What are the three different types of listings?

Exclusive right to sell ( broker gets paid regardless), Exclusive agency (Owner can sell on his own without paying commission), Open listing ( Owner listing with more than nine brokerage)

Express can be what?

Oral or written

Contracts

Implied contract is?

By actions not in writing

What are the reasons for a voidable contract?

The party is a minor, subject to duress, fraud, and misrepresentation


Lender=

Mortgagee

Unilateral

Promise exchanged for a promise

Contracts

Bilateral

Promise exchanged for promise

Contract

Executory period

One or both parties need to complete the contract duties

Contracts

Executed

Duties are completed per contract

Contracts

Addenda

Additional material attached to and made part of the initial agreement

Contracts

What are the five essential elements of a valid contract?

Competent parties, Mutual agreement, Lawful objective, Consideration, In writing and signed

Statute of frauds?

Enforces contracts in real estate be In writing

Statute of limitations ?

Sets the length of time parties will be given to file claim

The types of real estate contracts?

Purchase agreement, Option, and Lease purchase

Rwmidies for breach of contract l?

Mutual Rescission (mutual agreement to cancel all obligations), Remedies for default (Enfore specific performance (court action to force breaching party to preform), Terminate the contract and recieve earnest money as liquidated damages,Sue for actual damages

F.R.e.S.H.C.o.R.N?

Family status, Race, Handicap, Color, Religion, National origin

Not protected under federal law?

Age, Sexual orientation, Martial status, Occupation

Fair housing acts

Steering?

The channeling of potential buyers to and from a certain area because of discrimination

Blockbusting?

Inducing people to sell thier homes due to entry of a protected class in that neighborhood

Redlining?

Refusing to offer or limiting loans in certain areas, may not refuse for high crime rates in area.

Who receives complaints about discrimination?

HUD

Americans with disabilities act?

Ensures equal access to public accommodations for disabled persons

Equal credit opportunity act?

Prohibits discrimination in all consumer credit transactions.

Megan's law?

Requires registration of sex offenders

The three financing instruments?

Promissory note, Mortgage and deed of trust ,Satisfaction (mortgage note paid)

Acceleration clause?

Speeds up the note when borrower is in default

Foreclosure laws are implemented state or national?

State

Deed in lieu?

Alternative to foreclosure, Lender does not have to accept, Disavantage to lender

Insufficient proceeds from foreclosure sale?

Deficiency or personal judgement

Short sale?

When sellers nen is default prior to foreclosure, property for sale often at lower price, lender may agree to except

Straight loan

Intrest only, small monthly payment, full amount (balloon )due at the end

Partially amortized loan?

Repaint nfb in equal payments of bvn principle and interest, has balloon payment at the end but smaller

Fully amortized loan?

Repaid in equal payments of principal and interest with the balance paid in full, payments are larger, interest paid in arrears.

Adjustable rate mortgage?

Rate subject to change in an economic index

Budget debt service

Borrower pays p&I plus half taxes and one half insurance into the lenders impound escrow account

Reverse mortgage?

Mortgagee pays Mortgagor over a specific term.Used to obtain equity in a home when a senior does not want to sell but needs cash.

Line of credit?

Allows borrower to obtain further advances at a later date.

Subprime loans?

Borrower is at a higher risk and more likely to default

The two seller financing options?

Contract for deed ,Seller carry loan

Loan to value LTV?

Maximum percentage of value lender will loan,used to determine loan amount and if private loan insurance is needed, based on price or appraisal whatever is less

Discount points?

Charged by lender to increase lenders yield

Loan origination fee?

Is a free charged by lender to process and issue loan

Leverage?

Borrowed money used to increase investment return

Subordination?

It's a clause that allows a change in the order or mortgages

Usury?

Chargung interest in excess of what is permitted by state law.

FHA? Federal housing Administration

Insures lenders against loss due to foreclosure

V.A. Department of Veterans affairs

Guarantees lenders against loss on loans to veterans

Primary mortgage market

Mortgage bankers and mortgage brokers

Predatory lending

Umbrella term for unfair or nen illegal lending practices

Secondary mortgage market?

Buys mortgages from primary lenders which are banks

APR?

Rate that includes the note rate plus the total cost of credit

Truth in lending act?

Promotes the informed use of consumer credit by requiring disclosures about its terms and cost

What triggers full disclosure?

Down payment, interest rate, monthly payments, or number of payments

What does RESPA represent?

Disclosure of all closing costs within 3 days

Can Real estate professionals charge for a CMA?

Yes but must make sure it's not mistaken for appraisal

Market price?

Actual price paid in a transaction

Appurtenances ?

Including rights, privileges, and fixtures

Metes and bounds?

Starts and ends at a point of beginning

Rectangular survey?

Tiers, ranges, land parcels, townships

Acre = how many square feet?

43,560 square feet

How many acres in one section?

640 or one mile by one mile

Recorded plat?

Lot,block, subdivision

D.U.S.T?

Demand, Utility, Scarcity, Transferablility

Freehold estate?

Forever duration of ownership. Lasts forever, maximum rights of ownership

Type of ownership

Leasehold estates?

Has a definite duration and may be terminated

Estate/ tenancy for years?

Has predeterminated termination date

Periodic estate/tenancy?

Renews from poeriod to period such as month to month.

Type of ownership

Estate/tenancy at will?

Continues until terminated by owner or tenant.

Type of ownership

Estate/tenancy of sufferance?

Occurs when a holdover tenant stays beyond termination without consent.(If landlord accepts payment becomes periodic tenancy )

Type of ownership

Easement?

Right to use land

Encroachment?

Unauthorized use of someone else's land.

General partnership?

All partners share equal profits and liablity

Owners in severalty

Limited Partnership?

Only responsible for the amount of investment. Liablity equals the amount invested.

Owners in severalty

Tenants in common?

Co ownership no right of survivorship

Multiple ownership

Joint tenants?

Co ownership with right of survivorship, no probate,overrides a will,

Multiple ownership

Tenancy by the entirety?

Applies to married couples in some states

Multiple ownership

Cooperatives?

Ownership of the building by a corporation. Shares of stock

Police power?

Enforces laws governing land use.(zoning, building codes, planning and safety codes)

Eminent domain?

The right to take private land for public use.

Ad valotem?

Taxes are based on assessed value, not on current market value.

Government rights

Special assessments?

Lien against specific properties that benefit from public improvements

Escheat?

Properties with no heirs may revert back to government

Master plan used to:

Control growth

Nonconforming use?

Allows owner to continue present use that no longer complies with current zoning.

Variance?

Allows owner to vary from building codes or build into a setback tonorevent economic hardship.

Lead based paint before date?

January 1,1978

Riparian rights?

Ownership of land abutting water that is flowing.

Littoral rights?

Ownership of land abutting water that is not flowing

Gross lease/fixed lease?

Pays fixed rent, landlord pays all expenses.

Net lease?

Fixed rent plus expenses

Percentage lease?

Pays percentage of income as rent.

Index lease?

Rent is adjusted based on economic index

Sale-leaseback?

Coverts equity to capital without giving up possession

Warranty deed/General warranty deed?

Five covenants and guarantee of title

Limited (special) warranty deed?

Warrants only those defects and encumbrances during grantors ownership

Quitclaim deed?

Used as problem solver to terminate deed restrictions

Bargain and sale deed?

Contains only implied warranties that the grantor hold title and possession of the property

Adverse possession?

Ownership granted by the courts due to open, continuous, actual, notorious, and exclusive possession of another's land for minimum statutory period

Easement by prescription?

An easement prescribed by the court for open, continuous, acual,and notorious use

Abstract of title?

Historical summary of all conveyances and encumbrances against property

Quiet title action?

Used to clear problems found in the abstract or title report

Items that are deductible. P.O.I.T?

Points, origination, interest, and taxes

Residential income property depreciates..

27 1/2 year period

Commercial property depreciates...

39 years

Straight line depreciation?

Requires that an asset must be depreciated by equal amounts each year over it's useful life.

Voluntary Alienation

The legal term for the transfer of title during the owners lifetime.

Transfer of title

How many reuwirmenta are there for a valid deed?

9

Transfer of title

Special warranty deed?

Warranty that that the grantor recieved title, the property was not encumbered during the time the grantor held title

Transfer of title

Deed of trust?

Conveyance from trustor to trustee

Transfer of title

Reconveyance deed?

Conveyance from trustee back to trustor

Transfer of title

Trustee's deed?

Conveyance from trustee to third party

Transfer of title

Testate?

Has a prepared will

Transfer of title

Intestate

No will

Transfer of title

Devise?

The gift of real property by will.

Transfer of title

The five bundle of rights?

Right of posession, right to control the property, right of enjoyment, right of exclusion, right of disposition

Fee simple/fee absolute

Highest interest in real estate recognized by law

Interests in real estate

Fee simple defeasible

Is interest that can be reverted to owner if a occurence or non-occurance of some specified event.

Interests in real estate

Annexation

Process of converting personal property to real property