Liens Flashcards

(41 cards)

1
Q

Liens

A

Money owed

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2
Q

General Lien

A

Lien against ALL person property

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3
Q

Specific Lien

A

Money owed on single property

Ex- mechanics lien

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4
Q

Voluntary Lien

A

Exists because of an action taken by a debtor

Ex - car loans, mortgages

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5
Q

Involuntary Lien

A

Liens imposed on a person

Ex - taxes

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6
Q

Mechanics Lien

A

Lien on behalf of someone who supplied labor and materials to improve property

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7
Q

Judgement Lien

A

Lien placed by the court

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8
Q

Lid Pendis

A

Lawsuit pending, involves either the title to a property or a claim ownership interest in it

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9
Q

Injunction

A

Court order that stops someone from doing something.

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10
Q

Escrow

A

Neutral third party holds money

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11
Q

Debit

A

Money owed

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12
Q

Credit

A

Money received

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13
Q

RESPA

A

Eliminating kickbacks and referral fees

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14
Q

TILA

A

“Truth in lending Act”

Protects you against inaccurate and unfair credit billing an credit card practices

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15
Q

Fair housing act

A

1968, act banning refusal to sell or rent due to a persons race, color, religion, sex or national origin

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16
Q

Jones vs mayer

A

Court case bared all racial discrimination, private as well as public in the sale or rental of property

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17
Q

Sherman anti-trust act

A

Bans anti competing discrimination

Ex - price fixing

18
Q

Americans with disabilities act

A

Prohibiting discrimination against people with disabilities in employment, transportation, public accommodation, communications and governmental activities

19
Q

Material fact

A

Something that if known may have caused a buyer or seller to make a different choice

20
Q

Steering

A

Buyers, influencing a buyer to choice a property based on info of the protected classes

21
Q

Blockbusting

A

Sellers, trying to force a sell because of one of the protected classes, race, religion, sex

22
Q

Redlining

A

Denying service such as a loan because of race

23
Q

Actual fraud

A

Fraud committed with actual intent to deceive an thereby injure another

24
Q

Constructive fraud

A

Person gained an unfair advantage over another, intent doesn’t need to be shown

25
Caveat emptor
Buyer beware
26
Commingling
Mixing funds
27
Essentials of valid contract
Mutual consent, lawful object, consideration, capable parties
28
Void contract
Lacks one of the 4 essential elements
29
Voidable contract
Options to rescind
30
Bilateral contract
Promise for a promise | Ex - exclusive listing
31
Unilateral contract
Promise for an act | Ex - open listing it option contract
32
Executed contract
Contract fully performed
33
Executory contract
Contract not yet fully performed
34
Statue of frauds
Contracts must be in writing
35
Novation
New contract
36
Fiduciary
Position of trust, good faith; and honesty
37
Dual agent
Buyer an seller have the same broker
38
General agent
Authorized to perform any an all acts associated with the job Ex - a real estate licensee acting in the capacity of a property manger
39
Special agent
Hired to perform one specific duty for a client
40
Estoppel
Prevents asserting something contrary to what is implied by previous actions or statements
41
Exclusive listing
One broker gets paid, don’t need to be procuring cause to be paid