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Definition
Immovable
Bearing Wall
Not Leasehold Estates
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Incorporated into the land
Not Cost
Not Time of Attachment
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Easements, Water Company Stock, Covenants, Minerals
No Seperate Conveyance
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Hypothecated
Alientated
Become Real Property
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Term
Fee Simple Estates (Fee Estates)
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Indefinite Duration
Free hold - Owner
Most interest one can hold in land
Not Free of encumberances
Inheritance
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Definition
Conditions on the property and if that condition isnt met, the property is taken back
Ex. No Alcohol
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Term
Life Estate, Property is Leased
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Definition
Owner dies, Lease is terminated
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Term
| Less-Than-Freehold Estates (Leases) |
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Definition
Lessees
Not Necessary to sign a lease
6 months = Estate for years
Personal Property = Chattel Real |
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Transfers possession, not ownership
Can Sublease or assign if not mentioned
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Entitled to
Paramount
Possession without being disturbed
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| Tenant Leaves Voluntarily |
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| Tenancy = method of holding title |
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Sole Ownership
Individual |
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Equal Interest
One Title for the whole property
cannot will
free of unsecured debts
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Can Convey separately
Unity of Possession |
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For public use
Taken by the government
individuals do not have
owner must be paid just compensation
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| Individual Cannot Use (Police Power) |
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| Commission is set by the court if someone dies without a will |
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Executed when signed
Not necessary to be recorded
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Definition
Conveys rights of grantor
Taking someone off title to obtain sole ownership
No covenants
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Term
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Definition
Granting Clause
Legal Competance of Grantor
Not Acknowledged
Delivered and Accepted |
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| Recording: Constructive Notice |
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Definition
Given by recording
First to record or possess gets property
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No confrontation w/ owner
Can easily be terminated for non-use
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| Dominant teniment recorded a quitclaim deed. |
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| Buyer has same rights if easement was not recorded |
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| Easments are confirmed by...? |
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Deed restrictions prevail over zoning restrictions
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Private Restrictions
and
A condtion of Private Restrictions |
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Definition
Created by the Grantor or Developer
and
Penalties are more severe
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Definition
Public Health
Safety
Moral
General Welfare
one lot = Variance
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Changes to a Public Restriction can be initiated by...?
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Owner
Subdivider
Govt Agency |
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| Commercial to Residential Zoning |
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| Sue neighbor for trespass if civil methods have failed to solve the problem. |
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A charge imposed
Trust Deed and Mortgages are liens |
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| Amortization: Level Payment |
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Definition
| Payment applied to principal increases |
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Definition
| Payments do not cover interest |
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| Defers some principal payments |
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| Interest Rates Affected by |
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| Rate can increase or decrease |
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No Principal payments made, only interest
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| Foreclosure for amount owed |
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Loans Money
Consent for consolidation and new restrictions |
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Definition
One year redemption period
Trustor possesses property |
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| Forclosure: Trustee's Sale |
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Definition
3 months before publishing
Right of reinstatement
Most Expedient
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Term
| Deed in Lieu of Foreclosure |
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Definition
| Lender assumes Junior Liens |
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Term
| Request for Notice Protects...? |
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| Blanket Mortgage: Release Clause |
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Definition
| Releases portions of the property |
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| Trust Deed and Mortgage Clauses: "Assume" |
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| Trust Deed and Mortgage Clauses: "Subject to" |
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Definition
| Sellers liable; buyers not liable |
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| Future loans have priority |
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| Can Borrow additional money |
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| Trustor making advance payments |
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Beginning of contruction
Earlier than date recorded
Could impair trust deed |
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Definition
Completion
Cessation
Non-responsibility |
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| Lis Pendens is Effective Until |
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| Judgement rendered or lawsuit dismissed |
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| Important when deciding to issue title insurance |
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| Written summary of chain of title |
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| Title Insurance: Preliminary Report |
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Definition
Seller to trustor
Remove mechanics lien |
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| Standard Policy of Title insurance |
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Definition
Most buyers obtain
No survey or onsite inspection |
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Term
| Standard Policy of Title Insurance Protects Against |
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Definition
Forgery
Improper Delivery |
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| Extended Title Insurance Policy |
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Definition
| Covers improvements on adjoining land |
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| Title Insurance: Exclusions |
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Zoning
No policy covers everything |
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Definition
County clerk
County recorder
Federal land office |
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| Who enforces Real Estate Law? |
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Definition
| Commissioner promulgates rules and regulations |
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| Who prosecutes Illegal Acts? |
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Definition
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Definition
Obvious
Knowledge
Cost
No expenses on income property
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Misleading map
Move right in - Major Repairs |
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| Secret Profit by Non-Licensee |
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Definition
Both broker and salesperson
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Definition
| Flat screen Tvs are OK - if revealed to all |
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Definition
| Funds from broker's own property |
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Broker Relationship: Salesperson as Independent Contractor
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Definition
| Broker still liable for conduct |
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Term
| Broker Relationship: Unlicensed Assistant |
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Definition
Broker must read advertising
Must be supervised on internet
Both guilty if solicits buyers and sellers |
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Definition
| Disclosure given to the borrower when signed |
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| Loan Broker Laws: Advertisment |
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Definition
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Term
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Definition
| Total expenses/#of salespeople |
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Definition
Seperate trust funds
Any employee |
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| Only pay recovery account plus interest |
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| Advertising must include interest rate and discount |
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| Mobile Homes: Must remove signs... |
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Definition
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| Mobile Homes: Notice of Transfer |
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Definition
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| Real Estate License: Expired License |
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Definition
| Can be renewed w/in 2 years after expiration |
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| Real Estate License: Temporary (150 day) License |
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Definition
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Definition
| No guarentee of sale or lease |
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Definition
| Lost interest on equity is a cost of ownership |
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Definition
| Consumerism, land use controls |
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Definition
Income Rises
Home sales Increase |
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Term
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Definition
Portfolio Risk Managment
concerned with all individual savings
Financial deregulation-pay any rate of interest |
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Term
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Definition
Large Loans
Work through mortgage companies |
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| Savings and Loan Associations |
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Definition
Most funds in real estate
Primary source |
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| Secondary Mortgage Market |
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Definition
| Lower the ratio, higher the equity |
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| Result of income, borrower and property |
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| Collatorized by Real Estate |
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Definition
| Investors interest return |
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Definition
Substandard loans
Degree of risk most important |
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Definition
| Protected by appreciation |
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Definition
| Credit history of borrower |
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Definition
| Creditors interest in debtors property |
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Definition
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| Document Preparation Charges |
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Definition
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Definition
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Definition
| Meaningful disclosure by lender of creditors |
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Term
| Annual Percentage Rate (APR) |
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Definition
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| Advertising - Only APR is Used |
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Definition
| Other disclosures are not required |
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Definition
| If residence is used as security for loan |
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Term
| Conditional Installment Sales Contract |
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Definition
Legal title-vendor
Security device
Transfers equitable title |
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Definition
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Definition
| FHA or private mortgage insurer |
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Definition
| Protects lender against default |
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Definition
No downpayment
Cannot be an rental property |
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Term
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Definition
Land contract
Dept. of Veteran Affairs |
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Definition
| Promise of reimbursment for damage |
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Definition
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Term
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Definition
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| Escrow Instructions Executed by... |
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Definition
| Buyer, Seller and third parties |
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Term
| Closing Statement - Buyer Debit |
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Definition
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Term
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Definition
| Terms are met prior to closing |
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Term
| Closing Statement - Credit Seller |
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Definition
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Definition
| Get instructions from buyer and seller |
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| Sellers written permission |
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| Instructions from all parties or court order |
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