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PA terms
real estate
138
Real Estate & Planning
Professional
03/22/2010

Additional Real Estate & Planning Flashcards

 


 

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Term
acceleration clause
Definition
A provision in a loan giving the lender the right to declare the entire amount immediately due and payable upon the violation of a different loan provision, such as failure to make payments on time.
Term
Acceptance
Definition
The act of agreeing to accept an offer
Term
Accession
Definition
Additions to property as a result of annexing fixtures or alluvial deposits.
Term
Access Right
Definition
The right of an owner to get and from his/her property
Term
Accretion
Definition
Addition to land through processes of nature, such as deposits of soil carried by streams.
Term
Acre
Definition
a measure of land: 43,560 sq ft
Term
ADA
Definition
Americans with Disabilities Act
Term
Adjustable Rate Mortgage
Definition
A mortgage loan with an interest rate that is allowed to vary during the life of the loan.
Term
Administrator
Definition
A person appointed by a court to adminster the estate of a deceased individual who left no will.
Term
Administators Deed
Definition
A deed conveying the property of a person who died without a will (inestated)
Term
Adult
Definition
A person who has attained the age of majority
Term
Ad Valorem
Definition
According to valuation: used in describing a property tax rate
Term
Ad Valorem Tax
Definition
A tax based on the value of the thing being taxed
Term
Adverse Possession
Definition
A means of acquiring title to real estate when an occupant has been in actual, open, notorious, exclusive, and continuous occupancy of the property for the period required by state law
Term
Affidavit
Definition
A statement or declaration in writting, sworn to or affirmed before some officer who is authorized to administer an oath or affirmation.
Term
Agency
Definition
The legal relationship between a principal and his/her agent arising from a contract in which the principal employs the agent to perform certain acts on the principals behalf
Term
Agency Disclosure
Definition
A written explanation, to be signed by a prospective buyer or seller of real estate, explaining to the client the role that the broker plays in the transaction.
Term
Agent
Definition
A person who undertakes to transact some business ot to manage some affair for another, with the authority of the latter: an owner employs a broker to act as his agent in sellingreal property; the broker in turn employs salepersons to act as her agents to sell the same property
Term
Agreement of Sale
Definition
A written agreement between seller and purchaser in which the purchaser agrees to buy certain real estate, and the seller agrees to sell, upon the terms and conditions of the agreement. Also called offer and acceptance; contract of sale
Term
Air Rights
Definition
The right to use, control, or occupy the space above a designated property
Term
Alienation
Definition
Tranferring property to another, as the transfer of property and possession of lands, by gift or by sale, from one person to another
Term
Alluvium (Alluvion)
Definition
Soil deposited by accrection; usually considered to belong to the owner of the land to which it is added
Term
Amenities
Definition
In appraising, the nonmonetary benefits derived from property ownership
Term
Amortization
Definition
A gradual paying off of a debt by periodic installments.
Term
Amortization Terms
Definition
The time required to retire a debt through periodic payments; also known as the full amortization term.
Term
Annual Percentage Rate
Definition
The cost of credit, expressed as an annual interest rate, which must be shown in consumer loan documents, as specified by the Federal Reserve's Regulation Z that implements the federal Truth-in-Lending Act.
Term
Antitrust Laws
Definition
Federal and state acts to protect trade and commerce from monopolies and restrictions.
Term
Apportionment
Definition
1-Prorating property expenses, such as taxes ans insurence, between buyer and seller. 2-The partitioning of property into individual parcels by tenants in common.
Term
Appraisal
Definition
An opinion or estimate of the value of a property.
Term
Appraisal approach
Definition
One of three methods used in estimating the value of property; income approach, sales comparsion approach, and cost approach.
Term
Appraiser
Definition
Aperson qualified to estimate the value of real property.
Term
Appreciation
Definition
an increase in the value of property: Gains from inflation as well as real income are included.
Term
Appurtenance
Definition
Something that is outside the property itself but is considered a part of the property and adds to its greater enjoyment, such as the right to cross another's land; example a right-of-way or easement
Term
APR
Definition
Annual percentage Rate
Term
ARM
Definition
Adjustable Rate Mortgage
Term
As Is
Definition
Without guarantees as to condition, as in a sale.
Term
Assessed Vauation
Definition
A valuation placed upon property by a public officer or a board, as a basis for taxation.
Term
Assessment
Definition
A charge against real estate made by a government to cover the cost of an improvement, such as a street or sewer line.
Term
Assignment
Definition
The method or manner by which a right or contract is tranferred from one person to another
Term
Assumable Loan
Definition
A mortage loan that allows a new home purchaser to unertake the obligation of the existing loan with no charge in loan term
Term
Assumption of Mortgage
Definition
The purchase of mortgaged property whereby the buyer accepts liability for the debt that continues to exist. the seller remains liable to the lender unless the lender agrees to release him/her
Term
Attachment
Definition
Legal seizure of property to force payment of a debt.
Term
Attorney-in-Fact
Definition
A person who is authorized to act for another under a power of attorney, which may be general or limited in scope.
Term
Automated Valuation Model
Definition
Computerized method for estimating the value of a property. often used for mass appraisal purposes, such as reassessment of a city's property tax base.
Term
Avulsion
Definition
The sudden removal of land from one owner to another that occurs when a river abruptly changes its channel
Term
Balloon Payment
Definition
The final payment on a loan, when that payment is greater than the preceding installment payments and satisfies the note in full
Term
Bargain and sale Deed
Definition
A deed that conveys real estate, generally lacking a warranty. The grantor will thus claim to have ownership but will not defend against all claims.
Term
Base and Meridian
Definition
Imaginary lines used by surveyors to find and describe the location of land. These lines are similar to latitude and longitude
Term
Base Line
Definition
Part of the government rectangular survey method of land description.
Term
Beneficiary
Definition
The person who receives or is to receive the benefits resulting from certain acts.
Term
Bilateral Contract
Definition
A contract under which each party promises performance.
Term
Blanket Mortgage
Definition
A single mortgage that includes more than one parcel of real estate as security
Term
Board of Directors
Definition
People selected by stockholders to control the business of the corporation.
Term
Broker
Definition
A person who is licensed by a state to act for property owners in real estate transactions, within the scope of state law.
Term
Brokerage
Definition
The business of being a broker. Parties are brought together in a real estate transaction; sale, lease, rental, or exchange
Term
Building Codes
Definition
Regulations established by local governments and describing the minimum structure requirements for buildings, including foundation, roofing, plumbing, electrical and other specifications for safety and sanitation
Term
Bundle of Rights Theory
Definition
The theory that ownership of realty implies rights, such as occupancy, use and enjoyment, and the right to sell, bequeath,give, or lease al or part of these rights.
Term
Buydown
Definition
Payment of discount points at loan origination in order to secure a lower interest rate; the rate may be bought down for only a few years or for the life of the loan.
Term
Buyers Broker
Definition
An agent hired by a propective purchaser to find an acceptable property for purchase.
Term
Duties of a Buyer's Broker
Definition
The broker then represents the buyer and negotiates with the seller in the purchaser's best interest.
Term
Cancellation Clause
Definition
A provision in a contract that gives the right to terminate obligations upon the occurrence of certain specified conditions or events.
Term
Capitalization
Definition
A process whereby anticipated future income is converted to one lump sum capital value
Term
Capitalization Rate (Cap Rate)
Definition
A rate of return used to convert anticipated future income into a capital value. The capitalization rate includes interest and principal recovery.
Term
Capitalized Income
Definition
The value estimated by the process of converting an income stream into a lump-sum amount; also called capitalized value.
Term
CERCLA
Definition
Comprehensive Environmental Response Compensation and Liability Act
Term
Certificate of Occupancy
Definition
A document issued by a local government to a developer permitting the structure to be occupied by members of the public. Issuance of the certificate generally indicates the the building is in compliance with public health and building codes.
Term
Certificate of Reasonable Value (CRV)
Definition
Required for a VA-guaranteed home loan, the CRV is based on an appraiser's estimate of value of the property to be purchased.
Term
Chain
Definition
A unit of land measurement, 66 feet in lenght. In surveying, land descriptions sometimes use the chain.
Term
Chain of Title
Definition
A history of conveyances and encumbrances affecting a title from the time the original patent was granted, or as far back as records are available.
Term
Chattle
Definition
Personal property, including autos and household goods and fixtures.
Term
Clear Title
Definition
A title free and clear of all encumbrances.
Term
Client
Definition
The person who employs a broker, lawyer, accountant, appraiser and so on.
Term
Closing
Definition
The act of transferring ownership of a property from seller to buyer in accordance with a slaes contract. 2- The time when a closing takes place.
Term
Closing Date
Definition
The date on which the seller delivers the deed and the buyer pays for the property; also called settlement date
Term
Closing Statement
Definition
An accounting of funds from a real estate sale, made to both the seller and the buyer separtely.
Term
Cloud on the Title
Definition
An outstanding claim or encumbrance that if valid, will affect or impair the owners title.
Term
Collateral
Definition
Property pledged as security for a debt.
Term
Color of Title
Definition
That which appears to be good title but is not
Term
Commercial property
Definition
Property designed for use by retail wholesale, office, hotel and service users.
Term
Commingle
Definition
To mingle or mix, as by the deposit of another's money in a boker's personal account.
Term
Commission
Definition
1)The amount earned by real estate brokers for their services. 2)the official body that enforces real estate license laws.
Term
Comparative Market Analysis (CMA)
Definition
An estimate of the value of property using only a few indicators taken from sales of comparable properties, such as price per sq ft.
Term
Comperhensive Environmental Response Compensation and Liability Act (CERCLA)
Definition
Federal law, know as SUPERFUND, passed in 1980 and reauthorized by SARA in 1986. The law imposes strict joint and several liability for cleaning up environmentally contaiminated land.
Term
Computerized Loan Origination (CLO)
Definition
Origination of a mortgage loan, usually by someone who is not a loan officer, with the assistance of specialized computer software that ties the originator to one or more mortgage lenders.
Term
Condemnation
Definition
1)The takeing of private property for public use, with just compensation to the owner, under eminent domain; used by governments to aquire land for streets, parks, schools ans by utilities to aquire necessary property. 2)declaring a structure unfit for use.
Term
Conditions
Definition
Provision(s) in a contract that some or all terms of the contract must be met or the contract need not be consummated.
Term
Conditional Sales Contract
Definition
A contract for the sale of property stating that the seller retains title until the conditions of the contract have been fulfilled.
Term
Condominium
Definition
A system of ownership of individual units in a multuint structure, combined with joint ownership of commonly used property.
Term
Condominium
Definition
A_______________ can be mortgaged by its individual owner, who must pay assessments for common area maintenance.
Term
Conforming Loan
Definition
A home mortgage loan in which both borrower and property conform to the guidelines of FNMA and FHLMC.
Term
Conforming Loan
Definition
A ____________ will carry a lower interest rate than a nonconforming loan because of its quality and marketability.
Term
Consideration
Definition
Anything of value given to induce entering into a contract; it may be money, personal services, love and affection.
Term
Constant Payment Loan
Definition
A loan on which equal payments are made periodically so that the debt is paid off when the last payment is made.
Term
Construction loan
Definition
A loan used to build on real estate.
Term
Constructive Eviction
Definition
An eviction existing when, through the fault of the landlord, physical conditions of the property render it unfit for the purpose for which it was leased.
Term
Contract
Definition
An agreement between competent parties to do or not to do certain things for a consideration.
Term
Convebtional Loan
Definition
A mortgage loan other than one guaranteed by the VA or insured by the federal housing administration.
Term
Conveyance
Definition
1)The transfer of the title of real estate from one to another. 2)the means of medium by which title of real estate is transferred.
Term
Convey
Definition
To deed or transfer title to another.
Term
Cooperative
Definition
A type of corporate ownership of real property whereby stockholders of the corporation are entitled to use a certain dwelling unit of other units of space
Term
Corporation
Definition
Special income tax laws allow the tenant stockholders to deduct on their tax returns the housing interest and property taxes paid by the corporation.
Term
Cost Approach
Definition
One of the three appraisal methods of estimating value. Is useful for proposed construction or for estimating the amount of insurance needed.
Term
Corporation
Definition
Special income tax laws allow the tenant stockholders to deduct on their tax returns the housing interest and property taxes paid by the corporation.
Term
Cost Approach
Definition
One of the three appraisal methods of estimating value. Is useful for proposed construction or for estimating the amount of insurance needed.
Term
Counteroffer
Definition
Rejection of an offer to buy or sell, with a simultaneous substitute offer.
Term
Convenants
Definition
Promises written into deeds and other instruments and agreeing to do or not to do certain acts, or requiring or preventing certain uses of the property.
Term
Curable Depreciation
Definition
Depreciation or deterioration that can be corrected at a cost less than the value that will be added. It is economically profitable to corect.
Term
Deed
Definition
A written document properly signed and delivered that conveys title to real property.
Term
Deed in Lieu of Foreclosure
Definition
A deed that conveys a defaulting borrower's realty to a lender thus avoiding forclosure proceedings.
Term
Deed Restriction
Definition
A clause in a deed that limits the use of land.
Term
Defeasance
Definition
A clause in a mortgage that gives the borrower the right to redeem his/her property after he/she has defaulted, usually by paying the full indebtedness and fees incurred.
Term
Deficiency Judgement
Definition
A court order stating that the borrower still owes money when the security for a loan does not entirely satisfy a defaulted debt.
Term
Delivery
Definition
Transfer f the possession of a thing from one person to another.
Term
Depreciation
Definition
1)In appraisal a loss of value in real property due to age, physical deterioration, or functional or economic obsolescence; 2)in accounting the allocation of the cost of an asset over its economic useful life.
Term
Discount
Definition
The difference between the FACE AMOUNT of an obligation and the amount advanced or received.
Term
Discount Loan
Definition
One that is offered or traded for less than its face value.
Term
Discounting
Definition
The process of estimating the present value of an income stream by reducing expected cash flow to reflect the time value of money.
Term
Discount Points
Definition
Amount paid to the lender (usually by seller)at the time of origination of a loan, to account for the difference between the market interest rate and lower face rate of the note(often required when FHA/VA financing is used).
Term
Dual Agent
Definition
An agent who represents more than one party to a treanaction.
Term
Duress
Definition
Unlawful constraint exercised upon a person whereby he/she is forced to do some act against his/her will.
Term
Earnest Money
Definition
Deposit made by a purchaser of real estate as evidence of his/her good faith
Term
Easement
Definition
The right, privilege or interest that one party has in the land of another.
Term
Eminent domain
Definition
The right of the government or a public utility to aquire property for necessary public use by condemnation; the owner must be fairly compensated.
Term
Encroachment
Definition
A building, a part of a building, or an obstruction that physically intrudes upon, overlaps or trespasses upon the property of another.
Term
Encroachment
Definition
A building, a part of a building, or an obstruction that physically intrudes upon, overlaps or trespasses upon the property of another.
Term
Encumbrance
Definition
Any right to or interest in land that diminishes its value.
Term
Equitable Title
Definition
The interest held by one who has agreeed to purchase but has not yet closed the transation.
Term
Erosin
Definition
The gradual wearing away of land through process of nature, as by streams and winds.
Term
Escheat
Definition
The reversion of property to the state in the event that the owner dies without leaving a will and has no legal heirs.
Term
Estate at Sufferance
Definition
The wrongful occupancy of property by a tenant after his/her lease has expired
Term
Estate at Will
Definition
The occupation of real estate by a tenant for an indefinite period, terminable by one or both parties at will.
Term
Estate for life
Definition
An interest in property that terminates upon the death of a specified person.
Term
Estate for Years
Definition
An interest in land that allows possession for a definite and limited time.
Term
Evaluation
Definition
includes studies as to the market for and the marketability of a property, feasibility, highest and best use, land use and supply and demand.
Term
foreclosure
Definition
A legal procedure whereby property pledged as security for a debt is sold to pay a defaulted debt.
Term
Fraud
Definition
The intentional use of deception to purposely cheat or deceive another person, causing him/her to suffer loss.
Term
Functional Depreciation
Definition
Loss of value from all causes within the property, except those due to physical deterioration.
Term
Incurable Depreciation
Definition
A defect that cannot be cured or is not financially practical to cure; a defect in the "bone structure" of a building.
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