Ways to to obtain realty Flashcards

(37 cards)

1
Q

Mortgage is the Lien

A

Mortgagor is the borrower & Mortgagee is the Lender.

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2
Q

Trust deed is the Lien

A

Trustor is the borrower and Beneficiary is the Lender. Trustee is the 3rd party holder of a title.

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3
Q

Mortgage

A

Non negotiable security instrument on realty

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4
Q

Lien Theory

A

Mortgage creates a lien against the real property, secured payment of debt.

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5
Q

Note/loan

A

Negotiable instrument on realty. FHA, VA, Conventional conforming or non confirming loans.

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6
Q

Judaical Foreclosure

A

Need court approval (M)

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7
Q

Equitable Redemption

A

Definite period where mortgagor can make up late payments and get realty back. (M) and (TD)

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8
Q

Statutory Redemption

A

Can reclaim realty if mortgagor makes payments after foreclosure. (M)

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9
Q

Defeasance clause

A

Removes lien after you pay all the money also called satisfaction. (M)

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10
Q

Acceleration

A

When you DEFAULT a payment the whole balance becomes due.

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11
Q

Alienation

A

If you sold the property the balance becomes due immediately.

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12
Q

Foreclosure

A

Realty taken and sold to satisfy debt.

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13
Q

Prepayment

A

Paying whole amount prior to due date, with or without penalty.

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14
Q

Insurance

A

Homeowners insurance, protect against fires etc.

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15
Q

Conventional Loan/Note

A

No government backing up the loan.

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16
Q

Non conforming

A

Note is bundled with other no conforming loans

17
Q

Impound

A

An account to pay annual taxes. Also called escrow account.

18
Q

Trust deed/ Deed of trust

A

Security instrament on realty

19
Q

Title Theory

A

Used in far west states, trust deed conveys title of realty to a trustee until note is paid off.

20
Q

Trustee’s deed

A

deed issued after foreclosure.

21
Q

Deed of re conveyance

A

Deed issued by the trustee.Loan is paid in full and gives all rights to trustor.

22
Q

Vendor/ Owner will carry

A

No 3rd party is associated. Real estate purchased without a lendor. Owner carries loan.

23
Q

Devisor

A

deceased person carrying the will

24
Q

Devisee

A

Name of person recieving realty on vaild will

25
Testate and intestate
Someone who dies and leaves a will. And someone who died without a valid will.
26
Nuncupative Will (deathbed will)
Not vaild
27
Devise
To leave REAL property by will
28
Bequest
To leave PERSONAL property by will
29
Holographic Will
Will made without witness - not valid
30
Valid Will
acknowledged ( made with witness)
31
Administrator
Court ordered male to carry out affairs of will
32
Administratrix
Court ordered female to carry out affairs of will
33
Excecutor
Male named in will to carry out instructions of a will
34
Executrix
Female named in will to carry out instructions
35
Codicil
Any change in will is valid before death
36
Heir
Implies there was no will. Intestate! Family member.
37
Law of decent and distribution
Chain of inheritance when ancestor dies. Also Law of intestate sucession.