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Real Estate Law Test 2
14-Closing Real Estate Transactions: Loan Closing; Escrows
16
Real Estate & Planning
Undergraduate 4
10/11/2009

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Cards

Term
Closing the Deal
Definition
  • Examine title
  • Survey
  • Inspect for encroachments
  • Seller gives deed and buyer pays
Term

If the buyer does not mention any defects that is not in the contract, this means the buyer waives the defects.

T/F

Definition
True
Term
What are the three exeptions of FIRPTA(Foreign Investors in Real Property Act)
Definition
  1. If the home is $300,000 or less and the buyer will live in the home for half the year
  2. If the seller says he is not foreign but actually is
  3. Withholding Certificate
Term
Federally Related Mortgage Loans
Definition
  1. loan made by a lender that has its deposits insured by fed gov
  2. under a federal housing program
  3. intended to be sold to Fannie, Freddie, or Ginnie
  4. made by creditor who makes/invests loans more than $1,000,000 per year
Term
Purposes of the Loan Settlement Statement
Definition
  1. furnishes the borrower with a complete record of all disbursements and withholdings made by the mortgagee from the proceeds of the loan
  2. provides the mortgagee a signed authorization by the borrower for all such disbursements and thus tends to eliminate the possibility of any legal action that might be taken if the mortgagor claims improper charges were made against the loan
  3. fixes the date on whic hthe mortgage becoems a lien
Term

Once a valid escrow agreement has been executed, either side can revoke it.

T/F

Definition
False
Term

The escrowee remains in possesion, collects the rents, amd pays taxes until the escrow conditions have been satisfied.

T/F

Definition
False........the seller does
Term
chain
Definition
list of all transactions in chrono
Term

The abstractor renders an opinion of title.

T/F

Definition
False
Term
Hidden risks on abstract
Definition

  1. Forgery
  2. Insanity and minority
  3. Marital Status
  4. Defective Deeds

Term
Owners Policy
Definition
usually issued to the landlord at time of purchase....one time payment
Term
Mortgage or Loan Policies
Definition
issued to lenders.....terminates when loan is paid
Term

The promissory note is signed first at the closing.

T/F

Definition
True
Term
If a duplex sold on the 15th of September, $2000 a month rent paid on the 1st...who gets credit and debit?
Definition

Debit-Seller 1000

Credit-Buyer 1000

Since the seller got all of the rent on the 1st, the buyer should receive half of it on the 15th -- so $1000 debit to the seller, $1000 credit to the buyer.

Term
Insurance is paid annually and it is $2,000... and the seller is insured for the year. If the closing is on June 30th. Who gets the credits and debits?
Definition

Debit-Buyer 1,000

Credit-Seller 1,000

the seller paid all the insurance premium on Jan. 1 for the whole year, so if the buyer takes over the policy on June 30 the buyer should pay the seller for the 2nd half of the year -- $1000 debit to the buyer, $1000 credit to the seller.

Term

If the lawyer gives an inaccurate opinion of title after reading the abstract, he can be sued.

T/F 

Definition
True, but only if he has negligence....if he doesn't, could sue the abstract company
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