Course Terms Flashcards
Non–payment of taxes
Abandonment
A history of the ownership of a parcel of land which lists transfers of title, rights, and liabilities.
Abstract of Title
States that upon default, all of the principal installments come due immediately.
Acceleration Clause
The idea that the owner of land is entitled to all that the soil produces or all that is added to the land either intentionally or by mistake. Trade fixtures not removed are “assessed” by the owner of the property.
Accession
Refers to land which is accumulated by the gradual washing or motion of water.
Accretion
An accumulation.
Accrued
A formal declaration made by the grantor conveying the property to the grantee—a necessary element for validity of a deed.
Acknowledgment
A measure of land equal to 43,560 square feet.
Acre
The lawsuit filed by a person to remove or clear the claims of others against property.
Action to Quiet Title
The actual knowledge that a person has about the existence of a particular fact.
Actual Notice
The actual knowledge that a person has about the existence of a particular fact.
Ad Valorem
A method of acquiring original title to property by open, notorious and hostile possession for a statutory period of time; also referred to as prescription. POACH.
Adverse Possession
A relationship in which one party (the principal) authorizes another party (the agent) to act as the principal’s representative in dealing with third parties.
Agency
One who acts for and in place of a principal for the purpose of affecting the principal’s legal relations with third persons.
Agent
The right to use, control and occupy the space above a particular parcel of land.
Air Rights
A provision in a mortgage requiring full payment of the debt upon the transfer of title to the property, due on sale. Prevents loan assumptions.
Alienation Clause
The free and full ownership of rights in land by individuals, which is the basis of real property in the United States.
Allodial
The repayment of a financial obligation over a period of time in a series of periodic installments. In a levelpayment mortgage, this is the portion of the debt service that reduces the principal.
Amortization
A financial debt that is paid off over a period of time by a series of periodic payments. A loan can be fully amortized or partially amortized requiring a balloon payment to satisfy the debt at the end of the term.
Amortized Loan
The yearly cost of credit. Interest Rate plus finance charge.
Annual Percentage Rate (APR)
An opinion or estimate of value performed by a person licensed to do so.
Appraisal
Any right or privilege which belongs to and passes with land.
Appurtenance
Occurs between willing buyer and willing seller with each party completely knowledgeable about the market. A purchaser of property between relatives (father & son) would not be an “arms length transaction”.
Armslength Transaction
Not on time; late in making payments or completing work. Interest is paid in arrears.
Arrears
A phrase which disclaims any promises or warranties. A person purchasing real estate “as is” takes it in exactly the condition in which it is found. Seller cannot hide latent defects.
As is
Bringing two or more lots together under one ownership.
Assemblage
The value placed on property, by the tax assessor, for the purpose of determining the property tax.
Assessed Value
(1) the means by which a person transfers contract rights;(2) occurs when the lessee parts with the entire estate, retaining no interest.
Assignment
The process of taking a person’s property into legal custody by a court order called a writ of attachment. Property is frozen.
Attachment
The act of witnessing a person’s signing of an instrument by a notary public.
Attestation
A person given the authority to act on behalf of another under a power of attorney.
Attorney in Fact
A statement issued by an attorney after analyzing an abstract as to quality of title.
Attorney’s Opinion of Title
Occurs in cases where there is a sudden loss of land through nature.
Avulsion
Title with defects making it unmarketable.
Bad Title
The remaining balance, at maturity, on a loan that has not been completely repaid through periodic payments. Once paid, the outstanding balance is zero. Partially amortized loan.
Balloon Payment
An instrument conveying title which recites a valuable consideration and commonly uses the words “bargain and sale” or words of similar import.
Bargain and Sale Deed
A bronze disk permanently placed and precisely identified by government survey teams.
Bench mark
A contract in which a promise is given for the promise of another. It becomes binding when mutual promises are communicated. (A real estate contract).
Bilateral Contract
A document used to transfer ownership of personal property.
Bill of Sale
A mortgage which covers more than one piece of real estate. Often used by a developer in the financing of undeveloped lots. Contains a partial release clause.
Blanket Mortgage
Means of subdividing large tracts of land into smaller sections, each of which is numbered. For example, Lot 4, Block 8.
Block A
Any activity which attempts to drive prices down for the purpose of causing transition from one ethnic group to another. This is a violation of Federal Fair Housing Laws. Also called “panic selling”.
Blockbusting
Refers to boundaries; used with the word “metes” in the metes and bounds method of land description.
Bounds
A failure to perform, as promised, at the time the performance was due.
Breach of Contract
A means by which planners use space to separate two adjoining districts which have incompatible uses. A buffer zone consists of uses which are compatible with uses in each adjoining district.
Buffer Zone
Ordinances passed by local governments with special minimum standards of construction for new buildings. They also apply to major additions to old construction.
Building Code
The rights of an owner to possess, control, enjoy, sell, lease, mortgage, and dispose of the property.
Bundle of Rights
Legal documentation in a condominium regime which provides the establishment of the homeowner’s association; provides the powers and authority given to the board of directors; and indicates various rights and responsibilities of the unit owners.
Bylaws
Used in the income approach to value. To capitalize income means to convert future income into present (current) value.
Capitalization
The rate of return considered to be a reasonable return on investment—given the risk.
Capitalization Rate
Means “Let the Buyer beware”.
Caveat Emptor
The first thing a veteran should request if attempting to purchase a property using VA eligibility.
Certificate
Given to veterans bearing evidence of their qualifications for a VA mortgage loan.
Certificate of Eligibility Certificate
Issued by the Veterans Administration to certify the value of property secured by a VA mortgage. Appraisal.
Certificate of Reasonable Value (CPR)
A document given by the title examiner stating the quality of title the seller possesses.
Certificate of Title
A history of the ownership affecting title to a parcel of land.
Chain of Title
One in which personal property is pledged to secure a note.
Chattel Mortgage
The effort on the part of the city to coordinate, direct and control the type of development taking place, so as to ensure maximum benefits to the populace.
City Planning
A law which prohibits discrimination in all real estate transactions based on race—commercial and residential.
Civil Rights Act of 1866
Any claim affecting title to property.
Cloud on Title
Property which has been pledged as security for a loan.
Collateral
Adverse possession.
Color of Title
Illegally mixing deposits or monies, collected from a client, with one’s personal or business account. Taking money out too soon or putting it into escrow too late (10 banking days).
Commingling
Property jointly owned on a pro–rata basis with other unit owners in a condominium regime.
Common Elements
(1) a body of legal rules derived from accepted customs and procedures in England. Serves as the foundation for most laws in every state except Louisiana, which uses the system of civil law; (2) system of judge–made law (“case law”) as opposed to codified or statutory law.
Common Law
Any property acquired in certain states by purchase, or as compensation by either spouse during the period of marriage, is considered to be owned in an undivided half interest by each.
Community Property
A method of determining the value of property in which the selling prices of similar properties are used as the basis for estimating the value of the subject property.
Comparative Analysis
Those who are legally capable of entering into contracts.
Competent Parties
The process of exercising eminent domain through court action.
Condemnation
Anything of value offered to induce someone to enter into a contractual agreement. For example, sale price, earnest money, a promise for a promise.
Consideration
Occurs when the tenant’s use of the premises is substantially disturbed or interfered with by the landlord’s actions or failure to act where there is a duty to act. The tenant is effectively forced to move out and terminate the lease without further liability for further rent.
Constructive Eviction
The knowledge that the law presumes a person has about a particular fact irrespective of whether the person knows about the fact or not. (Recording).
Constructive Notice
An agreement resulting from the objective expression of mutual assent by competent parties, which the law recognizes in some way as a duty, and the breach of which the law gives a remedy.
Contract
A means by which the seller passes possession but retains title to the property until the total or a substantial portion of the purchase price is paid. Installment contract. The two parties here are the vendor (owner) and the vendee (buyer).
Contract for a Deed
The transfer of title to land from one party to another.
Conveyance
A method of estimating value based on the economic principle of substitution; the value of a building cannot be greater than the cost of purchasing a similar site and constructing a building of equal utility.
Cost Approach
A rejection of an offer to buy or sell, by a seller or buyer, with a simultaneous substitute offer.
Counteroffer
Included in a deed; a guarantee.
Covenant
The assurance that no encumbrances other than those specified in the deed exist.
Covenant Against Encumbrances
A promise that the grantor will perform further acts reasonably necessary to correct any defects in the title or in the deed instrument.
Covenant of Further Assurance
A promise that no one has superior or paramount title to that of the grantor; assures the grantee of peaceful possession without fear of being ousted by a person with a superior claim to the property.
Covenant of Quiet Enjoyment
Gives the assurance that the grantor has the exact estate in the quantity and quality which is being conveyed. “I own and I have the right to sell it.”
Covenant of Seisin
The rights that a husband acquires in the wife’s property upon her death.
Curtesy
Depreciation is considered curable if the cost of the repair is less than what the repair adds to the value of property.
Curable Depreciation
