Vocab A-D Flashcards

1
Q

a condensed summary of all recorded documents affecting the property’s title, showing recorded conveyances, transfers, encumbrances etc. Used as evidence of title

A

Abstract

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2
Q

the method of depreciation, for income tax purposes, which increases the write off at a rate higher than the straight line method was used

A

accelerated depreciation

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3
Q

the clause in a note mortgage or deed of trust which requires immediate payment of the entire debt if certain conditions are violated (default and alienation of title most common)

A

Acceleration clause

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4
Q

the voluntary consent with a complete and unconditional agreement by the offeree to be bound by the terms of the contract

A

Acceptance

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5
Q

gradual build up of additional land by the forces of nature

A

accretion

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6
Q

something that has accumulated over a period of time (interest.. expenses etc)

A

Accrued

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7
Q

any loss of utility of title

A

accrued depreciation

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8
Q

the act by which a party signing a document goes before authorized official (notary)

A

Acknowledgement

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9
Q

the total amount of money or other valuable consideration given to obtain an interest in the property

A

acquisition cost

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10
Q

43560 square feet

A

Acre

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11
Q

actual expulsion of the tenant out of all or some part of the leased premises. the physical ousting.

A

actual eviction

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12
Q

knowledge that one has gained based on what he has seen, read, or heard

A

Actual notice

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13
Q

in appraising, the value of comparable property after adjusting for differences between it and the subject property

A

Adjusted market price

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14
Q

the person appointed by the probate court to settle the estate of a person who died intestate. (Personal Representative)

A

Administrator

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15
Q

based on or according to value

Latin

A

Ad Valorem

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16
Q

A method of acquiring title to real property that is owned by someone else by holding open, continuous, hostile, and notorious possession for a statutory period of time

A

Adverse Possession

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17
Q

A statement or declaration reduced to writing, signed and sworn to before a notary public or other authorized official

A

Affidavit

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18
Q

A detailed plan used to overcome the causes and effects of discrimination.

A

Affirmative action program

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19
Q

the relationship between principal and agent, formed by a contract in which the principal employs the agent to act in his behalf in dealing with 3rd parties

A

Agency

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20
Q

the person authorized to represent someone

A

agent

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21
Q

a designated cube of air such as a condominium unit on the second floor

A

air lot

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22
Q

the right of the real property owner to use, control, and occupy the space above the physical surface of his or her land

A

air rights

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23
Q

the transferring of the title to property from one person to another. Either involuntary or voluntary.

A

alienation

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24
Q

a clause in a mortgage, note, or deed of trust that requires full payment of the debt in the event title is transferred without the approval of the creditor

A

Alienation clause

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25
Q

the free ownership system in which the ownership of the land is held by individual owners. Used in the US. Opposite of feudal system where the land is owned by the “king.”

A

Allodial system

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26
Q

the satisfaction one receives through using the rights in realty; the enjoyment gained from home ownership, not money or income, but pleasure, such as a beautiful view or enjoyment from a swimming pool

A

Amenities

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27
Q

the process of paying off a debt by regular installments

A

Amortization

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28
Q

a loan in which regular payments are made from each payment the amount of interest due is subtracted and the balance of the payment applies to the principal. Final payment leaves a zero balance.

A

Amortized loan

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29
Q

a desirable tenant, such as a large department store.

A

anchor tenant

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30
Q

once a year

A

annual

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31
Q

the total cost of credit expressed as a percentage

A

Annual percentage rate (APR)

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32
Q

to render ineffective

A

annul

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33
Q

changes in value because of a future benefit or detriment that will affect the property

A

Principal of anticipation

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34
Q

a formal opinion or estimate of value by one who is qualified to evaluate factors of value (professional)

A

Appraisal

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35
Q

the worth of a property as determined by an appraiser

A

appraised value

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36
Q

an individual who gives his or her professional opinion as to the value of the property

A

appraiser

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37
Q

an increase in property value

A

appreciation

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38
Q

the percentage figure used to compute the increases in the value of real property

A

appreciation rate

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39
Q

anything such as a physical item that passes with the title to the land (buildings, fences, fixtures, easements, mineral rights)

A

Appurtenance

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40
Q

the science and art of structural design

A

architecture

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41
Q

a transaction between two parties that have equal bargaining positions (no special relationship)

A

Arm’s length transaction

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42
Q

the value placed on a property for the purpose of taxation. Usually a certain percentage of the market value

A

Assessed value

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43
Q
  1. the act of evaluating a property for the purpose of levying a tax.
  2. a special levy to pay for such items as sidewalks…
  3. the allocation of proportionate individual shares of a common expense (dividing up maintenance for a condo etc)
A

Assessment

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44
Q

a public official who evaluates property for the purpose of taxation

A

Assessor

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45
Q

one to whom a transfer of interest is made

A

assignee

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46
Q

the transfer by a party of all of his or her rights and interests in something to another (usually ownership of personal property)

A

Assignment

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47
Q

the transfer of the lessee’s interest in a lease to another person

A

assignment of lease

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48
Q

the transfer of a mortgage from one to another

A

assignment of mortgage

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49
Q

one who transfers an interest in property to another person

A

assignor

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50
Q

a broker who works in conjunction with one or more other brokers or within a corporation

A

associate broker

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51
Q

a name chosen under which to conduct business (or DBA)

A

Assumed name

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52
Q

the process of acquiring title to property which is the security of an existing mortgage and agreeing to be personally liable for the terms and conditions of the mortgage

A

Assumption of mortgage

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53
Q

a qualified licensed legal agent

A

attorney-at-law

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54
Q

a person who has been given the authority to act for another person. Power of attorney

A

Attorney-in-fact

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55
Q

a statement issued by an attorney after he has examined the abstract or other documents giving his opinion of the marketability of the title

A

attorney’s opinion of title

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56
Q

the sudden removal of land from one property to that of another owner. usually the result of a sudden or violent act of nature

A

avulsion

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57
Q

occurs when one person, the bailor, gives the possession and control of personal property, but not ownership, to another person, called a bailee

A

Bailment

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58
Q

A loan in which one or more payment is larger than the regular payment

A

balloon loan

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59
Q

a payment in a balloon loan that is larger than the regular payments

A

balloon payment

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60
Q

1 a commercial establishment whose main purposes are to a. hold money in safekeeping b. loan money c. exchange money ….

2 ground bordering a watercourse

A

bank

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61
Q

a deed that contains no covenants but does imply that the grantor owns the property being conveyed

A

bargain and sale deed

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62
Q

imaginary lines, running east and west in the government survey method of property description and running perpendicular to meridian lines

A

Base lines

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63
Q

the minimum rent charged in a percentage lease

A

base rent

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64
Q

permanent markers that show the elevation, at that point, placed by a surveyor

A

bench marks

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65
Q
  1. a person who is designated to receive the proceeds from a will, insurance policy, trust etc.
  2. the lender under a deed of trust
A

Beneficiary

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66
Q

to leave personal property in a will or to give as a gift

A

bequeath

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67
Q

occurring twice a year

A

biannual

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68
Q

occurring once every 2 years

A

biennial

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69
Q

a contract which results when a promise is exchanged for another party’s promise

A

bilateral contract

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70
Q

a document used to transfer ownership of personal property

A

bill of sale

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71
Q
  1. an agreement made preliminary to the actual contract to sell property, used as a temporary arrangement.
  2. an insurance ______ given immediate insurance coverage until a regular policy can be issued
A

binder

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72
Q

a mortgage which is secured by two or more properties

A

blanket mortgage

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73
Q

an advertisement, placed by a licensee that does not include the license status or the correct name in which the broker is licensed. Illegal in michigan

A

blind ad

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74
Q

the illegal practice of inducing a change in the neighborhood and or/ exploitation of the situation for profit by urging residents to sell their homes quickly at deflated prices.

A

blockbusting

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75
Q

genuine and in good faith

A

bona fide

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76
Q

a purchaser who, in good faith and for valuable consideration, acquires property without any actual or constructive notice of any prior rights or claims of 3rd party persons against the title

A

Bona Fide purchaser

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77
Q

a person who receives money or something of value with the expressed or implied intention of repayment

A

borrower

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78
Q

an additional office for conducting business. In MI they must have a license

A

Branch Office

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79
Q

failure to perform as required by a contract without a legal excuse

A

Breach of contract

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80
Q

a living or legal person licensed to act as an agent to negotiate for the sale, lease, exchange, or financing of a property for a fee

A

broker

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81
Q

the business of buying, selling, or managing property for others

A

brokerage

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82
Q

a mortgage loan that includes in each periodic payment a proportional amount for taxes, insurance, or other costs. Referred to as PITI (principal, interest, taxes, and insurance)

A

Budget Mortgage

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83
Q

the codes or restrictions established by a government body, such as a city, county, or state for regulating the construction of buildings and specifying minimum construction standards.

A

Building codes

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84
Q

an agreement entered into by a contractor and an owner for the construction of a building

A

building contract

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85
Q

the authorized individual who reviews the various stages of building construction to verify conformance with the requirements of building codes

A

building inspector

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86
Q

a written authorization from the local government allowing the construction or remodeling of improvements within its jurisdiction

A

building permit

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87
Q

a sale of a business in which a major part of the inventory or supplies are included in the sale

A

bulk transfer

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88
Q

describes the legal rights and interests included in the ownership of real estate

A

bundle of rights

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89
Q

a business or going concern which is for sale

A

business opportunities

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90
Q

an economic situation in which there are more sellers in the market than there are buyers

A

buyer’s market

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91
Q
  1. the money and assets that a person has or uses.

2. the net worth of a business enterprise

A

Capital

92
Q

profit from the sale of a capital asset other than from the usual course of business

A

Capital gain

93
Q

improvements that will extend the useful life of the property and/or increase its value

A

capital improvements

94
Q

the mathematical process of using the net income to indicate the value of a property by using a reasonable rate of return

A

capitalization

95
Q

a percentage that reflects an acceptable return on the original investment ….

A

Capitalization rate

96
Q

the net income from an investment after deducting all expenses, except income taxes, from the gross income

A

Cash flow

97
Q

a latin phrase meaning “let the buyer beware”

A

caveat emptor

98
Q

a certificate issued by a governmental body that states a structure meets local zoning and building codes (AKA certificate of occupancy)

A

Certificate of compliance

99
Q

a certificate to a veteran who has been determined to qualify for a VA loan

A

Certificate of eligibility

100
Q

a written payoff balance that states the total balance that is owed (AKA estoppel certificate)

A

Certificate of no defense

101
Q

an appraisal commitment from the VA used to set the value of property …

A

Certificate of reasonable value (CRV)

102
Q

given in some states by a sheriff at a foreclosure sale …

A

Certificate of sale

103
Q

a certificate issued by a title examiner giving his opinion as to the marketability of the title of a certain parcel of real estate. Doesn’t have guarantees or protection against hidden defects .

A

Certificate of title

104
Q

a fee to have the records checked to show if the taxes have been paid. required in michigan

A

certification of taxes

105
Q

a check guaranteed to be good by the bank

A

Certified check

106
Q

a linear land measurement which equals 66 feet. Divided into 100 links of 7.92 inches each

A

Chain

107
Q

the consecutive conveyances or other forms of alienation affecting a particular parcel of land that connects the present owner to the original source of the title

A

chain of title

108
Q

movable personal property. also called Personalty

A

Chattel

109
Q

a mortgage in which personal property is used as collateral

A

Chattell mortgage

110
Q

any lawsuit between private parties

A

civil action

111
Q

a person who employs an agent to act for him in exchange for a fee or commission

A

client

112
Q

a mortgage that cannot be paid until maturity

A

closed mortgage

113
Q

the settlement sheet which lists the credits and deeds of the buyer and seller. in MI must be signed by the broker

A

closing statement

114
Q

an outstanding claim or condition which may impair or injure the title to the property

A

Cloud

115
Q

a written addition or amendment made subsequent to an existing will

A

codicil

116
Q

an indication of good title but due to certain conditions or defects is, in fact, not good title

A

color of title

117
Q

federal or state chartered lending institution…

A

Commercial bank

118
Q

the mixing of personal funds with your client’s money

A

commingling

119
Q
  1. the broker’s fee for his services

2. a group of people formed to a specific function

A

Commission

120
Q

the parts of land or improvements in a condo, co-op, or planned unit development (PUD) that are shared

A

Common elements

121
Q

an undivided ownership

A

common interest

122
Q

law resulting from past court decisions or accepted traditions

A

common law

123
Q

a system of property ownership in which each spouse shares equally the property that has been acquired during their marriage

A

community property

124
Q

the borrowers in a mortgage transaction where there are two or more borrowers

A

co-morgagors

125
Q

similar properties that are used to indicate property value during an appraisal

A

comparables

126
Q

a person who instigates a complaint or legal action

A

complainant

127
Q

ownership that is shared by two or more persons at the same time (AKA co-tenancy)

A

concurrent estate

128
Q

the procedure of taking private property for a public use through court procedure (exercising eminent domain)

A

Condemnation

129
Q

a specific event or requirement which directly affects the instruments or documents involved in a transaction …

A

condition

130
Q

a commitment by a lender to make a loan but only upon the fulfillment of certain conditions

A

conditional commitment

131
Q

a contract to sell real estate to another upon completion of certain required acts such as payment of specific sums. title remains vested in the seller until the contract is completely fulfilled.

A

Conditional sales contract

132
Q

a system of individual fee ownership units in a multi-unit complex, combined with an interest in the common elements

A

Condominium

133
Q

changing rental units into individually owned units

A

condominium conversion

134
Q

the document that legally establishes a condominium regime

A
  • condominium declaration
  • Enabling declaration
  • Master deed
135
Q

a condominium development

A

condominium regime

136
Q

a person appointed by the court to handle the estate of a person unable to do so

A

conservator

137
Q

anything of value that is given to induce another to enter into a contract. required to make the contract enforcible.

A

Consideration

138
Q

a loan to finance the improvement of real estate. Usually “interim” financing.

A

construction loan

139
Q

any action, or inaction, by the landlord that materially disturbs or impairs a tenant’s rights in leased property so that the tenant is effectively forced to move out

A

Constructive eviction

140
Q

notice given to the public by recorded documents or by possession of the property

A

constructive notice

141
Q

a condition placed in a contract which requires a specified event to happen or not happen before it’s binding

A

contingency

142
Q

an agreement entered into by two or more legally competent parties, for a consideration, to do or to refrain from doing some legal act or acts

A

contract

143
Q

a contract between the buyer and seller in which the seller retains the title to the property until the buyer has met certain agreed conditions.

A

contract for deed

144
Q

the person who does construction work….

A

contractor

145
Q

in appraising, the theory that an improvement is not valued at it’s actual cost to the construct, but rather, at the value it adds to the property’s total value

A

the principle of contribution

146
Q

estates that are created by the parties to the transaction, as opposed to an estate created by operation of law

A

Conventional estates

147
Q

a loan that is neither insured nor guaranteed by the government

A

Conventional loan

148
Q

the act of transferring title or some interest from one person to another

A

Convey / Conveyance

149
Q

a multi unit complex in which the title is usually held by a corporation or trust for the benefit on the persons living in the units who are the stockholders of the corporation. Each of these “owners” is given a proprietary lease on a unit

A

Cooperative

150
Q

the legal shield or curtain that protects a corporation where an individual would be liable

A

Corporate veil

151
Q

a non living entity or organization established by a group of owners. Is treated as a legal person and has rights and liabilities that are distinct from the owners.

A

Corporation

152
Q

A document that corrects an error in a previous deed

A

Correction deed

153
Q

the step in which the appraiser weighs the 3 different approaches and correlates these conclusions to arrive at an estimate of value for the property he or she is appraising (aka reconciliation)

A

Correlation

154
Q

someone who accepts an equal obligation for the performance of a contract, note, or other act by signing the document involved

A

co-signer

155
Q

that which was given up to obtain something

A

cost

156
Q

a method of appraising in which the value is found based on determining the cost to replace or reproduce the structure and other improvements, less any depreciation, plus the value of the land

A

Cost approach

157
Q

used in income tax calculations. the adjusted ___ ______ is the amount paid for the property plus acquisition costs and other expenses…..

A

Cost basis

158
Q

A new offer made in reply to a previous offer received. It constitutes a rejection of the original offer.

A

Counter offer

159
Q

an agreement or promise

A

Covenant

160
Q

a written promise, guaranteed by a warranty deed, that the grantor warrants that there are no encumbrances other than those stated in the deed.

A

Covenant against encumbrances

161
Q

A written promise, guaranteed by a limited warranty deed, in which the grantor assures that he has not done, or suffered, anything to encumber the property, other than as stated on the deed, but makes no warranties concerning the title prior to his ownership

A

Covenant against grantors acts

162
Q

a written promise made by the seller of a business in which he or she agrees not to compete against the purchaser in an agreed area for an agreed length of time.

A

Covenant not to compete

163
Q

a written promise, guaranteed by a warranty deed, in which a grantor warrants that, if necessary, he will procure any subsequent documents to make the grantee’s title good

A

Covenant of further assurance

164
Q

a written promise, guaranteed by a warranty deed, in which the grantor warrants that the grantee and the grandee’s heirs and assigns will not be disturbed in their rights to the property

A

Covenant of quiet enjoyment

165
Q

a written promise, guaranteed by a warranty deed, in which the grantor is warranting that he does, indeed, own the property

A

Covenant of Seisin

166
Q

a written promise, guaranteed by a warranty deed, in which the grantor assures the grantee that the grantor will bear the expense of defending the grantee’s title to the property if any person asserts a claim on it

A

Covenant of warranty forever

167
Q
  1. the ability of an individual to secure money or obtain goods with the payment due at a later date
  2. in a settlement, an amount which is due either the buyer or seller; a rebate. the opposite of a debit or charge
A

Credit

168
Q

the person who whom a debtor owes a debt or obligation

A

Creditor

169
Q

a volume measurement. An area which is 1 foot wide, one foot long and one foot tall

A

cubic foot

170
Q

a volume measurement. an area which is 1 yard wide, one yard long, one yard tall

A

cubic yard

171
Q

a dead end street with a wide circular area at the end to allow cars to turn around

A

Cul-de-sac

172
Q

any depreciation in which the cost to repair or replace will sufficiently enhance the property’s value by at least that amount.

A

Curable depreciation

173
Q

the right or interest that some states give to husbands in their deceased wife’s property

A

Curtesy

174
Q

the person given responsibility for the care of something that has been entrusted to him or her

A

custodian

175
Q

usually refers to the prospective buyer, if that buyer is not paying a fee. Not to be confused with client which is the person that pays. (usually the listing seller)

A

Customer

176
Q

A horizontal plane from which heights and depths are measured

A

Datum

177
Q

used to identify a trade name or a fictitious business name

A

DBA (Doing business as)

178
Q

an IRS designation for a person who regularly buys and sells real property

A

Dealer

179
Q

a type of note or bond given as the security of debt, but unlike a mortgage note, it’s not secured by a specific property

A

Debenture

180
Q
  1. Something that must be repaid or a duty owed such as a loan
  2. In real estate, it’s a charge. An item that must be paid. Opposite of a credit
A

Debit

181
Q

the borrower

A

Debtor

182
Q

the voluntary transfer by the owner of privately owned property to the public for a public use, such as for streets, schools, parks etc

A

Dedication

183
Q

a written document that, when properly drawn, conveys title to real property

A

deed

184
Q

the warranties that the seller makes to protect the buyer

A

deed covenants

185
Q

a document that conveys legal title to a neutral third party as a security for debt

A

Deed of trust (or Trust deed)

186
Q

provisions placed in deeds to control the future use of the property and improvements

A

Deed restrictions

187
Q

the failure to perform a duty or obligation. EX: not making a payment as required

A

Default

188
Q

a clause in leases, mortgages, or other documents that “defeat” or cancel that agreement upon the happening of a specified condition.

A

Defeasance clause

189
Q

something that can be voided

A

defeasible

190
Q

the person being sued by the plaintiff in a lawsuit

A

Defendant

191
Q

repairs that are needed but have not been done

A

Deferred maintenance

192
Q

a judgement awarded by a court against a mortgagor or trustor when the security for the debt was insufficient to cover the obligation after it was sold to pay the balance of the loan.

A

Deficiency Judgement

193
Q

The legal act of transferring an item, right, or interest therein from the owner to another. Legally, it does not refer to the physical act of transferring the document but rather the intention of the grantor and the knowledge of this by the person receiving it

A

Delivery

194
Q

A note or mortgage that can be called in for payment at any time without prior notice

A

Demand note (or mortgage)

195
Q
  1. To lease property; the transfer of an estate or interest in real property primarily by lease
  2. to bestow by will
A

Demise

196
Q

the number of building units/ occupants/ families per unit of land

A

Density

197
Q

zoning ordinances that restrict the average max number of people/residential units per unit of land

A

Density zoning

198
Q

a federal department created to solve the complex housing problems of the american city

A

Department of housing and urban development (HUD)

199
Q
  1. the money or other consideration placed in trust as evidence of good faith for the future performance of a real estate transaction
  2. money given as a pledge to do something later
A

Deposit (also called Earnest Money, good faith money, and down payment)

200
Q

a formal testimony, usually in writing, to use as evidence or for preserving testimony in a legal action

A

deposition

201
Q

a decline in a property’s value due to any cause

A

depreciation

202
Q

Considered an expense and can be deducted from the taxpayers income. Can occur even when the market value of the property is increasing.

A

Depreciation (for tax purposes)

203
Q

The annual rate of the decrease in value of property

A

Depreciation rate

204
Q

The process by which property of a decedent passes to his legal heirs

A

Descent

205
Q

an estate in which the property will automatically revert to the grantor upon the occurrence of a specified event or condition (aka qualified fee)

A

Determinable fee

206
Q
  1. a person who, for profit, subdivides land into smaller units or home sites
  2. one who attempts to put land to its most profitable use by the construction of improvements
A

Developer

207
Q

A granting of real property through a will

A

Devise

208
Q

The recipient of real property through a will

A

Devisee

209
Q

The person who gives real property through a will

A

Devisor

210
Q

A mortgage that is to be paid by periodic payments of fixed amounts plus interest on the unpaid balance. Although the principal part of the payment remains the same, in each payment the interest portion will decline

A

Direct reduction mortgage

211
Q
  1. money paid out
  2. at a real estate settlement, the necessary monies expended by the buyer or seller in order to complete the transaction
A

disbursement

212
Q

the document that is recorded when a recorded lien has been paid or settled. the document is signed by the lien holder

A

discharge of lien

213
Q

an unveiling of facts

A

disclosure

214
Q
  1. that which can be taken off of the established amount
  2. a sum paid to obtain certain preferred mortgages as the payment of pints to a lending institution for FHA or VA mortgages
  3. to sell a note or land contract for less than its face value
A

Discount

215
Q

a loan that has been discounted

A

Discount loan

216
Q

a loan fee charged by a lender in order to increase the yield on a lower than market interest loan. Each _______ _______ will cost 1% of the mortgage amount.

A

Discount Point

217
Q

Legal action to remove an occupant from real property

A

Dispossess

218
Q

a legal instrument establishing facts or giving instructions (deeds, contracts wills etc)

A

document

219
Q

the land in an easement appurtenant which benefits and has the use of the easement

A

Dominant estate

220
Q

The owner of the land in an easement appurtenant who has the use of the easement

A

Dominant tenant

221
Q

the person receiving a gift

A

donee

222
Q

the person giving a gift

A

donor

223
Q

the legal rights that some states give a wife in her husband’s property

A

Dower

224
Q

The amount of money that a purchaser pays at the settlement while the balance of the purchase price is financed. (usually includes the EMD but the terms are not synonymous)

A

Down Payment

225
Q

a situation in which an agent is representing both parties, such as both the buyer and seller. Legal in michigan only with prior written consent from both parties

A

Dual agency

226
Q

A clause used in mortgages that allows the lender to accelerate the balance owed if the borrower sells the property (AKA non-assumption clause or alienation clause)

A

Due-on-Sale

227
Q

The use of force to make someone enter into a contract

A

Duress