National Test - Prep Course

Land can has 3 different categories and who owns it?

Air
Surface
Subsurface
All in which can have 3 different owners

Which of the following provides a buyer with the best assurance of clear, marketable title?
1 Certificate of title
2 Title insurance
3 Abstract of title
4 General warranty deed

2

Chattel

Cattle -> moveable, personal property

Accession

If not removed, it becomes real property.
I.e. Pizza oven

Test of a fixture

MARIA
methods, attachment, relationship, intention, adaptation

Real estate is convey with ____________?
Personal property is convey with ____________?

Deed; Bill of Sale

Land has 2 types of characteristics

Economic (value of property)
Physical

Economic (value of property) vs physical Characteristic

P.M.S.S - Permanence of investment, modification(fixity), scarcity, situs(area and location preference
Immobile, indestructible, non-homogeneous

4 types to describe the legal description

Metes and Bound - oldest form, has a benchmark and point of beginning (TX uses)
Lot, block, and subdivision - common in 1-4 residential contract (TX uses)
Rectangular survey system/US survey - longitude, latitude, meridians, baseline to create townships
D

1 township = ______ sections = ______ acres
1 acre = _________ sqft
1 mile = __________ ft

36; 640; 43,560; 5280

Is street address considered legal description?

NO and cannot be obtained from tax statements

Define Encumbrances and does it prevent alienation?

Limit/affect title and physical condition
It does not prevent alienation( transfer of ownership)

Define:
Involuntary
Statutory
General
Mechanical

Involuntary: Created by statue/law
Statutory: created by state law
General: affect all property owned
Mechanical: specific, involuntary, statutory = against land + improvement

Government Power (4)

PETE
Police Power - 14th amendment - zoning powers
escheat
Taxation
Eminent Domain

Define:
Zoning
Variance
Nonconforming
Buffer zone
Building codes

Define:
Zoning: divide city and design to protect public
Variance: something different then est. Zoning
Nonconforming: grandfathered into zoning
Buffer zone: transitional area between 2 zones
Building codes: comply to city ordinance on construction standa

Ad valorem

Tax (highest lien); in Wisconsin the government can tax a special assessment tax for the use. means "based on value

Statutory redemption
Homestead
Investment

After tax foreclosure, previous owner can redeem their house by paying the tax lien, penalty, and cost associated.
If homestead, 2 years. Investment, 6 months.

Equitable right of redemption

Prior to foreclosure sale where the owner can pay cost default, attorney, and late fees to keep the house and not move forward with foreclosure

Tax abatement

Tax decrease so company can move into the area

Rollback taxes

Occur when agriculture land -> house land. Pay for past due taxes

Escheat

No will, no heir, abandonment = property to state

2 main types of easement

Appurtenant - "runs with the land"
Dominant - benefits from
Servient - burden from
I.e lake access easement
Gross - "does not pass with land" - personal
I.e power cable easement

Easement by prescription(perspective)

Easement by prescription(perspective) - use of another persons land for length of time. Open. Visible use. (TX is 10 years)

Easement termination

Merger, release(dominant release servient), abandonment

Joint Tenancy

2 or more owners.
undivided interest, equal ownership with right of survivor ship. Last remaining survivor take ownership in sverality.
Time, Title, Interest, Possession

Tenancy in common with separate agreement for use is

time share

Tenancy by Entirety

ownership by hubby and wife with right of survivorship (not recognized in texas)

Dower vs Courtesy right

wife receive hubby estate - dower
courtesy is the man receive wife estate

Deed of Trust
Trustsor
Trustee
Beneficary

loan docs = allow for non judiciali foreclosure = 3 people document
giver
receiver (incharge )
lender

time shared ownership

multiple owner with undivided interest with right to use facility for fixed time

corporation

double taxation; liabilities are seperate

Limited Liability Corporation (LLC)

designate 1 manager to act for it. Sue LLC, not individual, no member/manager liable for debt, ll,liability.

Liens come in and are organized how?

by date of work. FIrst in time, is first in line after tax lien

Elements of Valid Deed (LEDCCC)

legal decription
Execution(grantor sign)
Delivery and acceptance
Competent party
Consideration
Conveyance

deed

INSTRUMENT convey title

General Warrant Deed

protect against defect title aagainst all previous owners

Warrant Title

good, clear title

Covenant of Seisin

grantor prove is owner, right to convey title

covenant of emcumbrances

no encumbrances on title, except those listed on deed

Quitclaim

cure defect on title, transfer whatever with no warranty
common use when transfering within family like when i marry tim and i want to add my name to his townhome deed

Sheriffs Deed

given by court

Bargain and sale deed

grantor guaranteed grantor has title but not guarantee title is free of defects

Voluntary Alientation

exchange of gift (love and affection), sale, devise and devisee

Involuntary Alientaiton

foreclosure, condemnation, adverse posession

Recording Title

not necessary for valid deed but gives constructive notice

Cloud on title

title has encumbrances

OTP

protect owner (buyer)

Mortgage title policy

Protect lender

Right to Subrogation

insurer pursue third party to reclaim insurance loss

Value

number of goods offered in exchange for given product

Market Value

price willing seeler would sell; willing buyer would buy

Market Price

amount property sold for

Characteristic of Value

Demand
Utility
Scarcity
Transferable

Conformity

max value depend on neighborhood standards

Contribution

value of improvement contribute to property

Competition

more competition= decrease price

Increaseing and Diminishing Reutnrs

when improvement don't add value

Anitipation

depend on expect benefit

Highest and Best

greatest return on money

Regression vs Progression*

property value less due to surrounds. Progression is opposite

Steps to Appraisal

Purpose
Data
Approach
Reconciliation
Report

Appraisal contains

Date
Purpose
Opinion Value
Legal Description
Signature of Appraiser
Reconciliation of 3 approaches

Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA)

required certified people to appriser >250K transactions

Uniform Standards of professional Appraisal Practice (USPAP)

quality control standards. "code of ethics" for appraisers

Members of Appraisal Institute (MAI)

membership club

Gross Rent Multiplier

Price/Rent

Element of Valid Contract

Competent
Offer and Accept
Consideration
Legality of Object
Reduced to writing and signed

Void vs Voidable

illegal vs can be terminated based on duress

unenforceable contract

oral contract

Discharge of contract

completely perform contract
partial/substantial peformance
illegal to preform
mutual agreement to cancel
operation of law ie.minor
contingency

Statue of Fraud
Statue of Limitation

in writing for contract
timing

Amendment vs Addendum

to change vs to add

Offer/counteroffer may be withdrawn at

anytime prior to notification of acceptance (Recission)

EMD
if suing, what happen to EMD

evidence of good faith deposit where Broker must deposit into trust account by End of 48 hours(2 days)
stay in trust account

Computing time

act occurs day zero. Calendar day used

If seller default, buyer can if:

1. cancel contract - recover EMD
2. sue for specific performance
3. sue for compensatory damage

if buyer default, seller can:

1. cancel contract
2. sue for specific performance
3. sue for compensatory damage
4. contract forfeit, keep EMD

Subagent

2 comapnies, buyer-customer. Represent client of another broker not yours

agency always created at _______ level

broker

Termination of Agency:

close sale
Property Destruction
Epsire term of agency
Mutual termination
Renunciation/Revoke Broker
Bankrupt of owner
Death of broker

Fiduciary Duty to agent --> buyer and seller are _____

OLD CAR
obedience
loyalty
disclosure
confidentiality
accounting
reasonable car

Fiduciary Duty to broker --> agent and seller are _____

CRIP
compensation
reimbursement
indemnification
Performance

Constructive Eviction

landlord neglect property so tenant can terminate contract. Must vacate to claim this

when collecting rent and secuirty deposit

require RE license to collect. money held in trust account

Termination of agreements
Property management agreement
Broker agreement

auto-renew every 30 days after expiration
definite termination date

referral fees are paid between

brokers

protected class

handicap, race, color, religion, sex, familial status, origin

Title V111 of civil right act of

1968 = prohibit race, color, religion, origin

community development act of

1974 = prohibit sex

fair housing amendment of

1988 = prohibit handicap and familial status

First violation of Fair Housing Penalty
another offense w/in 5 years

Max = 10k, not exceeding 25k
max 50K if 2 or more violations in past 7yaers

Prohibited Advertising

preference and limitation discrimination of protected class i.e. catholic, wheelchair
reference location i.e. near temple
pictorial representation - depicting 1 segment of population
media cannot target one population to exclusion of others

Americans with Disabilities act (ADA)

required if 15+ employees or business open to public

Brokerage firm must

set written policies
responsible for all occupational acts of RE License
all compensation to RE is through broker

Diligence vs Due Diligence

Hard Work
investigation prior to signing contract

Sherman Anti Trust Act

common violations - price fixing, boycotting.
found guilty as misdemeanor or felony, punishable 100k max and 3 years of prison (violator)
penalty 1MM Max (corp)
Person suffer loss cause anti-trust activities can recover damage and attorney fee (civil suit

Errors and Omissions

malpractice insurance carried by license

General LIability

protect against liability of lawsuit/claims.Property owner has it

Homeowners Insurance

purchased by homeowner. covers liabiity and hazard insurance(fire, storm damage), not flood.

Lead Based Paint

built before 1978 must disclose

Asbestos

natural occurring mineral, resistant to heat and chemicals, used in 1980s in buildings materials, exposure can lead to lung cancer
disclosure required. matieral can be encapsulated (enclosed)

Radon

gasin rock, soil, water. colorless, odorless, tasteless.
its comes thorugh the foundation of homes Cuase lung cancer
Testing not required

Mold

mositure to grow, can be found in insulation.
no later than 10 day after mold remediation has passed inspetion --> issue Cert of mold remediation
alll certs w.in 5 years must be disclosed to buyer

Rule of capture

landlord can pump as much ground water as he/she chooses

Undergorund Storage Tank (usT)

at least 10% of volume underground. 1988 increase law for proper operation and maintenance

Customer

assist; agent owes honesty and fairness to the client.

Reliction

New land acquired if water recedes

Brownsfield land *

abandon and uninhabitale. common for commercial and industrial purpose. Contamination from dry cleaner and gas station

Flood Plain

land adjacent to stream/river to base valley causing flooding

Federal Emergency Mangaement Agency (FEMA)*

flood map service center is public source for flood hazards

Federal Environmental Legislation

protect air quality, water, hazardous waste

Clean Air Act (CAA)

law regulate air emission

Clean water Act (CWA)

law regulate water

Open Beach Law

at gulf of mexico, no structure permitted to build within easement

Doctrine of Prior Appropriation

the right to use a water source for irrigation.

Environment Protection Agency (EPA)

protect environment

Comprehensive Environment Response, Compensation, Liability act (CERLA)*

1980; clean up toxic waste spills, created superfund

Superfund Amendment and re-authorization act (SARA)

pay for clean ups. EPA involved in soil clean up from underground tanks. Discolored soil = BAD

WEtlands

water overs soil; wetlands monitored/protected by EPA

Enviro assessment, threatened, or endangered species and wetlands addendum

TREC pro form; must be disclosed if any hazards on ite and set as a contingency to inspection prior to purchase

Material Fact

anything reasonable person would find important in deciding to contract

subject to

form of assumption; sold subject to morgage. upon default, original borrower is still liable

Conventional Vs Non-conventional loans

not agency, lender rely on own reports sold to FDMC.
2 types: Conforming and nonconforming
backed by federal govt like FHA, VA, USDA

conforming vs Non-conforming

types of conventional loan.
conforming: meet FNMA or FDMC to be sold in secondary market
nonconforming: held in own lender portfolio because doesn't meet secondary market requirement

A trustee(bank) have the duty to _____ or _____

1. release from lien
2. non-judicial foreclosure with the power to sale clause

primary mortgage market

banks, credit union, mortgage loan companyj

Secondary Market responsible for

mataining active market for mortgagors

secondary lender

investor purchasing pre-existing mortgages

Rural Development guaranteed housing loan program (USDA)

offered to rural

equity loan

owner borrow money against equity of home

Reverse Annuity Mortgage

equity loans. 62 years old receive payment to remain in home

Mortgage Clause

provide add'l coverage to lender - tell how lender name and address appear on legal docs

FHA Requirement

insures loans - protect lender
no prepayment penalty
FHA appraiser
paid by seller/borrower
qualified lending institution
insurance paid cash/finance in loan
FHA 203B - fixed rate
FHA 203K - rehab loan

What does this stand for:
FNMA
FHLMC
GNMA

Federal national mortgage association
federal housing loan mortgage corporation
Government national mortgage association

VA requirement

guarantee loans - 0% down
no prepayment penalty
VA appraiser
Limit on Loan amount= 4x entitlement
Receive Cert of Reasonable Value

Loan qualification

income, debt, assets, credit history

LTV

lender borrower against Appraised value

Mortgage Insurance Premium

FHA only; insure lender risk

Community Reinvestment Act

take money = loan money. Bank takes then bank lends. the circle of money

Right of Recssion

3 days to notify lender. Apply to refi, second lien loans, home equity ONLY

TILA RESPA INTEGRATED DISCLOSURE (TRID) define. and effective what year?
what does TILA and RESPA stand for

know before you owe"
2015
truth in lending act and real estate statement procedures act

Consumer Financial Protection Bureau (CFPB)
its primary goal is:

government responsible for consumer protection in financial sector
easier to use
consumer understanding
comparison shopping
avoid costly surprises at closing

Loan Estimate ( LE)

receive w/in 3 business days after application - 3 page document from lender

Closing Disclosure (CD)

lender provide 5 page document including loan terms, monthly payment, closing cost

Real Estate Statement Procedure Act

ensure knowledge of settlement cost BEFORE closing

Primary aims of RESPA

eliminate kickbacks - seciton 8 of RESPA
advance disclosure
reduce amount homebuyer may place in escrow
reform/modernize local record keeping

Rebate

RE agent can rebate portion of commission. cannot tie to referrals

equalcreit opportunity act (ECOA)

lender make loan to all qualified regardless of source. NO discrimination

Fair credit reporting act

provide accurate data

Federal interstate land sales full disclosure act

file report with HUD prior to sale of land. to avoid fraud

Predatory lending

lender malicious practice during loan origination. I.e. trick borrower to thinking interest rate is lower than is

Due to Consumer Financial Protection Bureru (CFPB):
Loan estimate replace___
Closing Disclosure replace _________

LE replaced good faith estimate form
statement HUD 1 settlement
implemented oct 2015

exception vs reservation

with holds from operation of the deed
creation by the deed of a new right in favor of the grantor

Habendum clause

to have and to hold" define/limit quantity of estate granted by deed

Doctrine of relation back

title relates back to date which deed was deposited into escrow

Equity

current market value minus sum of all liens

Equity Buildup

payment towards principal and gain from appreciation

Interest
imputed interest

fee lender charges
interested charged, regardless of periodic payments made

buydown mortgages aka graduated payment mortgage

low interest at beginning by lender charging prepaid interest for short time. the interest goes up to set up rate

subprime loan

high risk borrower 1-5% higher

Discount rate

set by federal reserves. interest federal reserves charge banks

Fixed rate payment

aka amortized loan. pay constant amount

Annual percentage rate (APR)

effective interest rate/ effective yield
lender cost(origination, discount, closing cost) plus interest rate = APR

Income tax purposes, homeowners an deduct form gross income:

mortgage interest on 1st and 2nd home
RE tax
Origination fee(lender processing fee)
discount points in year of purchase
prepayment penalties on loans paid off early

Closing cost to a buyer are

Origination fee, homeowner insurance, mortgage insurance, down payment, recording fee, transfer fee, tax

Banks/Statutory year vs calendar year
who pays for the day of closing

360 w/ 30 day month vs 365
seller

mortgage payment paid on ____
taxes and insurances paid ___
what gets porated

1st of each month; annually
tax, insurance, rent, interest, prepaid HOA fee

Texas has no transfer fee, but doe require___________
seller pay________________
buyer pay________________

recording fee;
doument to furnish clear title
recording deed and mortgage

recapture

recover tax benefit of deduction/credit previously taken

straight line depreciation
IRS on residential vs nonresidential

based on IRS and can claim deduction on income tax return
27.5 yrs after 1987
39 years after 1993

Foreign Investment and Real Property Tax Act*

foreigner pay income tax based in disposition gains. Transferee(buyer) to withhold tax of 10% of gain from foreigner transfer (seller)

Boot*

additional capital or property to make difference in exchange. taxed at exchange

alternative minimum tax

flat rate tax; if tax exceed regular income tax
26% or 28% individuals
20% corps

taxpayer relief act 1997

homeowners only. exclude capital gain realized on principal residence. must live 2 or 5 years. No age requirement
married 500K max
sngle 250K max

vacancy ratio

income lost; vaancy loss divided by GPI = ratio

URLTA

UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT