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prep exam
texas and national test
107
Real Estate & Planning
Professional
11/05/2010

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
real property
Definition
land, improvements attached to the land, and the rights to use them.
Term
personal property
Definition
a right or interest in things of a temporary or moveable nature; anything not classed as real property- Chattel, Personalty. wnership is transferred by Bill of Sale.
Term
fixture
Definition
personal property that has been attached in such a way as to make it real property.
Term
trade fixtures
Definition
required to carry out a business, they must be removed from leased property prior to termination of lease.
Term
nonhomogeneity
Definition
no two pieces are exactly alike
Term
nonhomogeneity
Definition
no two pieces are exactly alike
Term
immobility
Definition
land cannot be moved.
Term
indestructibility
Definition
durability- it will always be there
Term
scarcity
Definition
in short supply where demand is great
Term
modification
Definition
land use and value are greatly influenced by improvements made by man to land and to surrounding parcels of land.
Term
fixity
Definition
land and buildings and other improvements to land are considered fixed or permenant investments
Term
situs
Definition
location preference
Term
metes and bounds
Definition
terminal points and angles (always has a p.o.b.)might use street names. oldest and most common
Term
lot, block and subdivision
Definition
recorded map
Term
monuments
Definition
permanent surveyor markers
Term
rectangular survey system
Definition
(Government Survey System) townships/sections
Term
encumbrance
Definition
limitation on your rights.(liens, claims, judgements, encroachments, leases, easements, deed restrictions)
Term
lien
Definition
charge against property as security for a debt.
Term
voluntary lien
Definition
taking out mortgage or home improvement loan. not effective or enforcable until recorded.
Term
invountary lien
Definition
created by law. can be statuatory or equitable. tax and judgement liens.
Term
reservation
Definition
withholds title to a part of the land described in the deed.
Term
encroachment
Definition
when a structure or improvement overlaps onto anothers property
Term
easement
Definition
can be created by express or implied grant, agreement, reservation, limitation
Term
easement in gross
Definition
belongs to a person or corporation.
Term
license
Definition
permission to do a particular act upon the land or property of another (theater ticket, sports event ticket)
Term
adverse possession (squatters rights)
Definition
occurs when property is acquired from the rightful owner through the Statute of Limitations.
Term
estate
Definition
interest in real property
Term
freehold estate
Definition
ownership; indeterminate length
Term
fee simple/ fee simple absolute
Definition
the owner has all the available rights to the property ans can always pass it to his heirs.
Term
life estate
Definition
ownership for the duration of someone's life
Term
defeasible fee/ conditional fee
Definition
ownership with condition or terms which if violated could cause the ownership interest to be defeated or terminated.
Term
estate in severalty/ sole ownership
Definition
ownership by one person (corporations/partnerships use this
Term
tenancy in common
Definition
ownership by two or more without rights of survivorship. most common type of joint ownership.
Term
joint ownership
Definition
ownership by two or more with rights of survivorship. 4 unities required for this:time, title, interest and possession
Term
trust
Definition
when a property is held by one party for the benefit of another
Term
syndicate
Definition
when two or more properties join together to create and operate a real estate investment
Term
leasehold estate
Definition
possession without ownership.
Term
estate for years
Definition
lease with a specific starting and ending date
Term
periodic tenancy
Definition
lease with a fixed period that is automatically renewed unless the tenant or landlord acts to terminate it.
Term
estate at will
Definition
lease that can be terminated by either party at will w/o notice.
Term
tenancy at sufferance
Definition
lease expires and the tenant refuses to move out.
Term
statuatory estate
Definition
community property, homestead- created by law
Term
police power
Definition
power given to a municipality to regulate and control the character and use of property for the health, safety and general welfare of the public
Term
non-conforming use in zoning
Definition
use was permissible under former rules, but new rules prohibit it.
Term
variance
Definition
can be requested if your property violates zoning
Term
buffer zone
Definition
an area of land seperating one land use from another, such as residential from commercial
Term
eminent domain
Definition
the right of government to take private property for public use through the action of condemnation.
Term
taxation
Definition
property taxes are the highest priority lien on real property.
Term
ad valorem
Definition
according to value
Term
assessd value
Definition
value of your property for tax purposes
Term
escheat
Definition
property reverts to the state when someone dies leaving no will and no heirs or no kindred.
Term
riparian rights
Definition
right to use water from a river or stream that borders property.
Term
market value
Definition
the price a willing seller will sell for, and the price a willing buyer will pay. (no pressure). most probable price.
Term
value
Definition
estimate of the future benefits to be derived from the proprerty.
Term
price
Definition
generally what one must pay for a property.
Term
cost
Definition
an estimate of past expenditures.
Term
4 basic characteristics of value (dust)
Definition
demand, utility, scarcity, transferability
Term
comparative market analysis CMA
Definition
helps sellers determine a realistic price for their property
Term
appraisal
Definition
opinion of an estimate of present value
Term
market data approach
Definition
primarily in residential. comparison with known sales in area. should use 3-5 sales no more than 6 months old.
Term
income approach
Definition
income producing properties
Term
cost approach
Definition
used for unique properties, such as churches or government buildings. it is used when there are no comparables for a particular property. most accurate for new construction.
Term
3 types of depreciation in cost approach
Definition
physical deterioration (ordinary wear and tear) functional obsolescence (inferior materials) economic obsolescence (incurable, zoning)
Term
highest and best use
Definition
the legal use that gives the greatest return in money and/or amenities.
Term
principle of substitution
Definition
sets an upper limit on price.
Term
principle of conformity
Definition
states that maximum value is found when there is a reasonable degree of similarity or homogeniety.
Term
principle of increasing and decreasing returns
Definition
invest in property whenever each dollar invested will return a dollar or more of increased value and stop when each dollar invested returns less than a dollar in value.
Term
principle of contribution
Definition
the value of a part is determined by its contributionto the total value of the property rather than by its cost.
Term
principle of regression
Definition
the presence of lower valued properties in the neighborhood leads to a decline in the value of your property.
Term
principle of competiton
Definition
an increase in competition will result in decreased profits for current providers.
Term
principle of change
Definition
change is constant and reflected in values.
Term
principle of anticipation
Definition
purchase price is affected by the expectation of future appeal and benefits.
Term
assemblage/ plottage
Definition
combining several parcels of land into one.
Term
mortgage
Definition
pledge of real property as security for a promissory note.
Term
deed of trust
Definition
used in texas - allows for non-judicial foreclosure.
Term
trustor (mortgagor)
Definition
borrower-buyer
Term
beneficiary
Definition
lender
Term
trustee
Definition
3rd party, selected by beneficiary; in a fiduciary relationship with beneficiary. they can release the lien when note is paid or foreclose in the event of default.
Term
acceleration clause
Definition
a provision in a written mortgage, or note, stating that in the event of default the whole amount of the principal becomes due and payable.
Term
alienation clause
Definition
"due on sale" clause states that the balance of the secured debt becomes due if the property is sold by the mortgager without the mortgagee's approval.
Term
defeasance clause
Definition
states that the lien is defeated when the debt is repaid.
Term
escalation clause
Definition
allows the lender to raise the existing interest rate.
Term
prepayment clause
Definition
a statement in mortgage that the mortgagor can pay the entire amount or the stated amount prior to the due date in the note.
Term
subordination clause
Definition
allows a lender to move to or take a lower lien position.
Term
assumption clause
Definition
states that in the event a loan is assumed by new owners, those buyers are obligating themselves to pay off that loan.
Term
straight assumption
Definition
the new buyer is approved and takes over payments and liability.
Term
FHA (federal housing administration)
Definition
government loan program. insures loans which protects the lender.
Term
MIP (mortgage insurance premium)
Definition
the insurance on the FHA loan.
Term
VA (Veterans Administration)
Definition
guarantees repayment of the loan. 100% finance.
Term
amortized
Definition
repaid
Term
conventional loan
Definition
neither federally insured or guaranteed.
Term
fixed rate amortized loan
Definition
equal regular payments of principal and interest until the loan is repaid. Interest is paid in arrears.
Term
term loan
Definition
interest only until the end of the term, when the entire principal is repaid.
Term
blanket loan
Definition
covers more than one piece of property. (several lots on one note.)
Term
package loan
Definition
includes real property plus personal property.
Term
budget loan
Definition
includes principal, interest, taxes, and insurance in the monthly payment. know as PITI.
Term
balloon loan
Definition
partially amortized loan with a final payment substantially larger than the others.
Term
participation loan
Definition
two or more lenders own a share.
Term
open-end mortgage
Definition
permits additional borrowing on the same note.
Term
adjustable rate mortgage (ARM)
Definition
loan with an interest rate subject to change as conditions in the market change.
Term
construction loan
Definition
short term loan with funds advanced periodically during the stages of construction.
Term
wraparound loan
Definition
a new mortgage on a property is placed in a secondary lien position.
Term
GPM- graduated payment mortgage
Definition
payments rise over a period of years, and then usually level off for the remaining term of the loan.
Term
reverse annuity mortgage
Definition
allows elderly homeowners to borrow against their equity.
Term
sub-prime loans
Definition
loans with risk based pricing- the rates are not published.
Term
primary market
Definition
where consumers go to borrow money (mortgage companies, banks, etc.)
Term
secondary market
Definition
where lenders go for money
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