Study Flashcards

(80 cards)

1
Q

The CONDENSED HISTORY OF A TITLE TO A PARTICULAR PARCEL OF REAL ESTATE, consisting of a summary of the original grant and all subsequent conveyances and encumbrances affecting the property and a certification by the abstractor that the history is complete and accurate.

A

Abstract of Title

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2
Q

The clause in a mortgage or deed of trust that can be enforced to make the ENTIRE DEBT DUE IMMEDIATELY if the borrower defaults on an installment payment or other covenant.

A

Acceleration Clause

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3
Q

Acquiring title to additions or improvements to real property as a result of ANNEXATION of fixtures.

A

Accession

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4
Q

The INCREASE or ADDITION of land by the deposit of SAND, OR SOIL washed up naturally from a river, lake, or sea.

A

Accretion

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5
Q

On a CLOSING STATEMENT, items of expense that are incurred but not yet payable, such as INTEREST ON A MORTGAGE LOAN or taxes on real property.

A

Accrued Item

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6
Q

A formal DECLARATION made before a duly authorized officer, usually a notary public, by a person who has signed a document.

A

Acknowledgment

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7
Q

The legal process that results in the tenants being physically removed from the leased premises.

A

Actual Eviction

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8
Q

Express information or fact; that which is KNOWN; direct knowledge

A

Actual Notice

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9
Q

Any provision ADDED to an EXISTING contract without altering the CONTENT of the ORIGINAL; it must be signed by all parties.

A

Addendum

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10
Q

The designated ADDRESS recorded by the Department in the applicant’s application or license file as maintained by the Department.

A

Address of Record

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11
Q

A LOAN characterized by a FLUCTUATING INTEREST RATE,

A

Adjustable Rate Mortgage (ARM)

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12
Q

The actual, open, notorious, hostile, and CONTINUOUS POSSESSION of another’s land under a CLAIM of right. (Possession for a statutory period may be a means of ACQUIRING title. In Illinois it’s 20 years)

A

Adverse Possession

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13
Q

A WRITTEN STATEMENT, made under oath by a SELLER or GRANTOR of real property an acknowledged by a notary public, in which the grantor certifies that since the examination of the title on the date of the contract no defects have occurred in the title.

A

Affidavit of Title

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14
Q

The relationship between a PRINCIPAL and an AGENT wherein the agent is authorized to represent the principal in certain transactions.

A

Agency

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15
Q

An AGENCY RELATIONSHIP in which the agent is given an estate or INTEREST in the subject of the agency (the property).

A

Agency coupled with an INTEREST

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16
Q

One who acts or has the POWER to act for another. (A fiduciary relationship is created.)

A

Agent

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17
Q

The right to use the open space ABOVE a property.

A

Air Rights

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18
Q

LEGISLATION that PROHIBITS DISCRIMINATION against the physically or mentally impaired as it relates to employment opportunities or public ACCOMMODATIONS.

A

Americans with Disabilities Act (ADA)

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19
Q

A LOAN in which the principal as well as the interest is payable in monthly or other periodic installments over the term of the loan.

A

Amortized Loan

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20
Q

Method of converting PERSONAL PROPERTY into REAL PROPERTY.

A

Annexation

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21
Q

The total finance charges associated with a loan that must be disclosed to borrowers by lenders under the TRUTH IN LENDING ACT.

A

Annual Percentage Rate (APR)

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22
Q

LAWS designed to preserve the free enterprise of the open marketplace by making illegal certain private CONSPIRACIES to minimize competition. (price fixing; Group boycotting; Allocating customers or markets; Tie-in Agreements)

A

Anti-Trust Laws

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23
Q

The person who APPLIES to the “Department” (IDFPR) for a valid license as a managing broker, broker, or residential leasing agent.

A

Applicant

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24
Q

An ESTIMATE of the quantity, quality or value of property using cost approach, sales approach, income approach.

A

Appraisal

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25
An independent person trained to provide value of property using cost, sales and income approach.
Appraiser
26
An INCREASE in the worth or value of property
Appreciation
27
The way a taxing body actually AUTHORIZES the expenditure of funds and provides for the sources of the funding.
Appropriation
28
A RIGHT, PRIVILEGE OR IMPROVEMENT belonging to, and PASSING WITH THE LAND.
Appurtenance
29
An EASEMENT that is ANNEXED to the OWNERSHIP of one parcel of land and ALLOWS another owner the use of the NEIGHBOR'S land.
Appurtenant Easement
30
The combining of two or more adjoining lots into one larger tract to increase their total value.
Assemblage
31
When a tax or a charge or a levy is imposed (usually according to established rates).
Assessment
32
The transfer IN WRITING of interest and rights in a mortgage or lease, etc.
Assignment
33
Acquiring TITLE TO PROPERTY on which there is an EXISTING MORTGAGE and agreeing to be PERSONALLY LIABLE for the terms and conditions of the mortgage, INCLUDING THE PAYMENTS.
Assumption of Mortgage
34
An ABSTRACT OF TITLE that an ATTORNEY has EXAMINED and has certified to be, in his OPINION, an accurate statement of the facts concerning the property ownership.
Attorney's Opinion of Title
35
The sudden TEARING AWAY of LAND, as by earthquake, flood, etc.
Avulsion
36
A final payment of a mortgage loan that is considerably larger than the required payments at the end of the loan.
Balloon payment
37
A DEED that carries with it no warranties against liens or other encumbrances but DOES imply that the GRANTOR has the right to convey title.
Bargain and Sale Deed
38
The main IMAGINARY line running east and west.
Base Line
39
A contract where all parties are legally bound to act as prescribed.
Bi-Lateral Contract
40
A LEGAL document that TRANSFERS PERSONAL PROPERTY.
Bill of Sale
41
A mortgage covering more than ONE parcel of real estate, providing for EACH parcel's partial RELEASE from the mortgage lien on repayment of a definite portion of the debt.
Blanket Loan
42
An advertisement whereby the sponsoring broker's name is NOT identified in the advertisement.
Blind Ad
43
The ILLEGAL practice of inducing homeowners to sell their properties by making representations regarding the entry of persons of a particular race or origin into the neighborhood.
Blockbusting (Panic Selling)
44
Violation of ANY terms or conditions in a contract without legal excuse.
Breach
45
One who acts as an intermediary on behalf of others for a FEE or COMMISSION.
Broker
46
A WRITTEN AGREEMENT between a SPONSORING BROKER and a consumer for license activities to be provided to a consumer in return for compensation.
Brokerage Agreement (It's the SPONSORING BROKER'S company)
47
The concept of land ownership that includes ownership of all legal rights to the land.
Bundle of Rights
48
A financing technique used to reduce the monthly payments for the first few years of the loan by using discount points.
Buydown
49
A PRINCIPAL-AGENT relationship in which the SPONSORING BROKER is the agent for the BUYER which means he has a fiduciary responsibilities to the BUYER.
Buyer Agency Agreement
50
Establishes requirements for commercial EMAIL, spells out penalties for email senders, and gives consumers the right to have emailers stop sending emails to them.
CAN-SPAM ACT OF 2003
51
Profits earned from the SALE of an asset.
Capital Gain
52
A mathematical process for ESTIMATING the value of PROPERTY using a proper RATE OF RETURN on the investment and the annual NET OPERATING INCOME expected to be produced by the property. (Net income / rate = value)
Capitalization
53
The RATE OF RETURN a property WILL produce on the owner's investment.
Capitalization Rate
54
The process of laying 2 to 4 feet of soil over the TOP of a LANDFILL and then planting grass on it to enhance the landfill's aesthetic value and prevent erosion.
Capping
55
The net spendable income from an investment after you deduct all operating and fixed expenses from the gross income.
Cash Flow
56
A permit issued by the appropriate local governing body to establish that the property is suitable for habitation.
Certificate of Occupancy
57
A form indicating the APPRAISED VALUE of property being financed with a VA Loan.
Certificate of Reasonable Value
58
The document generally given to the purchaser of DELINQUENT PROPERTY TAXES at a tax foreclosure sale.
Certificate of Sale
59
A STATEMENT OF OPINION on the status of the title based on an examination of specified PUBLIC RECORDS.
Certificate of Title
60
The SUCCESSION of conveyances, whereby the present holder of real property derives title.
Chain of title
61
Items of PERSONAL PROPERTY (chairs, tables, Trade Fixtures, etc.)
Chattles
62
A person who is being REPRESENTED by a licensee. (AKA the principal.)
Client
63
The point at which ownership of a property is transferred in exchange for the selling price.
Closing
64
A DETAILED CASH ACCOUNTING of a real estate transaction showing all cash received, all charges and credits and all cash paid out in the transaction.
Closing Statement
65
Any document, claim, UNRELEASED LIEN, or ENCUMBRANCE that may IMPAIR THE TITLE to real property.
Cloud on Title
66
A CLAUSE in INSURANCE POLICIES covering real property requiring the policyholder maintain fire insurance coverage generally equal to or at 80% of the property's actual replacement cost.
Co-Insurance Clause
67
Something having VALUE that is given to secure repayment of a debt.
Collateral
68
The ILLEGAL act by a real estate licensee of MINGLING client funds with their own personal funds.
Co-Mingling
69
Payment to a licensee for services rendered such as in the sale of real property.
Commission
70
The traditional LAW governing the principal-agent relationship, superseded by the statute in Illinois.
Common Law of Agency
71
A system of property ownership based on the THEORY ACT that EACH spouse has an EQUAL interest in the property acquired by the efforts of EITHER SPOUSE DURING THE MARRIAGE.
Community Property
72
A property used in an appraisal report that is substantially equivalent to the subject property.
Comparable
73
A comparison of the prices of recently sold homes that are similar to a subject property.
Comparative Market Analysis (CMA)
74
A detailed PLAN to guide the LONG-TERM PHYSICAL DEVELOPMENT of a particular area.
Comprehensive Plan
75
A JUDICIAL proceeding to exercise the power or eminent domain.
Condemnation (that's what the process is called)
76
The ABSOLUTE OWNERSHIP of a unit in a multi-unit building.
Condominium
77
The appraisal principle holding that the great the SIMILARITY among properties in an area, the better they will hold their value.
Conformity
78
Something received by the GRANTOR in exchange for his deed. Something of value that induces a person to enter in to a contract.
Consideration
79
A SHORT-TERM LOAN usually made during the CONSTRUCTION phase of a building project.
Construction Loan.
80
Actions of a landlord that so materially DISTURB a tenant's enjoyment of the leased premises that the tenant is forced to move out and terminate the lease WITHOUT liability for any further rent. (broken stove; broken faucets)
Constructive Eviction