Term
What are the 5 forms of property ownership? |
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Definition
Joint Tenancy
Tenancy in the Entirety
Sole Ownership
Tenants in Common
Community Property |
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Term
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Definition
2 or more people own it together, undivided shares. When one dies, it passes undivided to the rest. |
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Term
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Definition
2 or more people own it together, undivided shares. When one dies, it passes undivided to the rest. |
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Term
What is Tenancy in the Entirety? |
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Definition
Husband and wife, each owning half. One can't sell without the consent of the other. |
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Term
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Definition
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Term
What is Tenants in Common? |
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Definition
Each person has an interest, they don't have to be equal. When the person dies, he/she passes the interest to whoever he/she names. |
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Term
What is Community Property? |
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Definition
Special kind of joint tenancy, each party owns half. Upon death, the interest is passed to whoever is named in the will. |
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Term
What are the 3 most common restrictions for land use imposed by the govt? |
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Definition
zoning
environmental hazards
public easement/right of way |
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Term
What are the 3 approaches to valuation in appraising a home? |
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Definition
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Term
When is the Income Capitalization Approach used to appraise real estate? |
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Definition
When the real estate is bought to produce income |
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Term
When is the Cost approach used in appraising real estate? |
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Definition
Used when properties are new. Appraise property on basis on what it would cost to replace it. |
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Term
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Definition
1/2 of 1% of the loan size.
(loan amt*.005)/12(months in a year)=monthly PMI payment. |
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Term
What are the ways to avoid PMI? |
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Definition
piggy back loans. In an 80-10-10 loan, the mtg. is 80%, a 2nd mtg is 10%, and borrower pays 10% down. |
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Term
What did the Homeowners Protection Act of 1998 do to PMI? |
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Definition
For loans closed after 7/29/99, Lenders or servicers must notify homeowners of their right to cancel PMI when they reach 20% equity. It's mandatory to cancel PMI when they reach 22%.
3 cases when homeowners must be notified of their rights: At closing, annually, and upon cancelling PMI.
Also, upon closing, lenders must tell homoeowners how long it'll take them before they can cancel PMI. |
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Term
Up to what percentage can lenders charge PMI to high risk borrowers? |
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Definition
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Term
When is the lender not obligated to cancel PMI? |
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Definition
When borrower has 2nd mtg, property has dedclined in value, a 30 day late within the year, or 60 day late over a year before. |
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Term
What are Fannie Mae and Freddie Mac's rules for cancelling PMI? |
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Definition
If a loan was sold to them, borrower can cancel after 2 years if they have 25% equity, or after 5 years if they have 20% equity. Based on current appraisals.
The borrower must request cancellation |
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Term
When is PMI cancellation determined by the lender? |
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Definition
If the loan was before 7/29/99, and it's not held by Fannie Mae or Freddie Mac. |
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Term
How do you calculate PMI? |
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Definition
1. Find LTV
2. look up monthly rate for loan based on loan type (i.e. ARM, 30 year fixed) and LTV, found above
3. Multiply PMI monthly rate by loan amt, and divide by 12. |
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Term
Who requires mortgage insurance premiums (MIP) for their loan programs? |
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Definition
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Term
For FHA Mortgage Insurance Premiums, how much is paid at closing? Can it be financed?
Who doesn't have to pay the MIP at closing? |
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Definition
1.5% of the loan amt. It can be financed.
Condos don't have to pay the MIP at closing. |
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Term
How much is the monthly Mortgage Insurance Premium included in the PITI? |
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Definition
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Term
What's the MIP paid on a non-FHA, conventional loan? |
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Definition
.5% at close, with 10% down payment.
Renewal can be .3% |
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Term
Can MIP be cancelled during the life of the loan? |
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Definition
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Term
How does Lender Paid Mortgage Insurance work?
Tax implications? |
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Definition
Lender pays, in exchange for slightly higher rate loan (abour .25%).
Tax implications: Converts non-tax deductible insurance premiums into tax deductible interest |
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Term
When is the conveyance of real property complete? |
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Definition
When the deed is delivered to the buyer. |
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Term
What's the purpose of recording the deed? |
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Definition
Gives notice to the world that the new buyer has an interest in the property
Tracks chronological chain of title |
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Term
What's title insurance for? |
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Definition
The title insurer checks to make sure the property has a clear title, with no unresolved claims. |
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Term
What is adverse possession? |
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Definition
Adverse possession allows a person to get title to land from the actual owner simply by using the land, out in the open for all to see. |
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Term
What are the stipulations for an adverse possession claim? |
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Definition
The time required varies from a few years to 20 or more
Public entities must establish a longer period than individuals
In some states, adverse possessor must pay taxes every year |
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Term
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Definition
States and localities and the federal government can condemn and force the sale of private property for public purposes.
Owner receives just compensation |
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Term
How long does title insurance last? What does it protect? |
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Definition
Until the loan is repaid.
It protects the lender for the amt. of loan, but not protect the BORROWER. |
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Term
How does the borrower get protection to ensure a clear title? |
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Definition
Owner's title insurance. Sometimes seller pays, sometimes borrower pays. |
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Term
How long of a title history must be required before closing? |
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Definition
12 month title history is req'd before closing. |
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