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Flashcards in Transaction Process Part II Deck (46)
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1
Q

What does a standard home inspection cover?

A

A home’s major mechanical systems — electrical, plumbing, heating, and cooling — and its construction from roof to foundation, exterior to interior

2
Q

What does a typical inspection report include?

A

Information about poor workmanship and deterioration and it should also include information about projected repairs and identify problems that would occur if the property were remodeled.

3
Q

Name three types of inspections buyers can request.

A

Standard Home Inspection
Pest Inspection
Soil Inspection
Structural Inspection

4
Q

Explain what happens with every inspection ordered

A

For every kind of inspection ordered, the reports must be approved or rejected by the buyers or the lender, any repairs must be done and then re-inspected, and the buyers and lender must get notification of the final results

5
Q

A seller is required to deliver what type of title at closing?

A

Marketable Title

6
Q

What would a lender order a to be sure there are no liens on the property?

A

Title search

7
Q

Removing a cloud on a title requires which type of suit?

Quiet Title Suit

A

Quiet title suit

8
Q

Explain marketable title

A

A marketable title is one that is so free of defects that the buyer is certain he or she will not have to defend the title.

9
Q

What does a title search reveal?

A

The legal description of the property.
The owners of record.
Any outstanding liens or encumbrances on the property.

10
Q

What happens if any problem is found with either the physical layout of the property or in the title search results?

A

It creates a cloud on the title that must be resolved prior to closing on the loan.

11
Q

What is escrow

A

The process in which a disinterested third party holds all money and documents relating to a transaction until all of the terms and conditions of the escrow instructions have been satisfied.

12
Q

List three activities that take place during the escrow period.

A

Getting an appraisal.
Ordering pest control and other inspection reports.
Obtaining property insurance.

13
Q

What does prorated mean?

A

Divided proportionately between the buyer and the seller

14
Q

Name three items that are prorated for closing.

A

The most common items that are prorated include taxes, insurance, mortgage interest, and utilities.

15
Q

Any item that is prorated is shown on the settlement statement how?

A

As a debit to one party and a credit to the other party for the same amount

16
Q

Closing agents and lenders typically use one of two methods when calculating items that need to be prorated. Name the two methods.

A

The 12- month/360 day method and the 365 day method

17
Q

When do most of the important activities regarding a closing happen?

A

During the period between the signing of the agreement of sale and the actual closing date.

18
Q

List three things a licensee should do to help facilitate the closing

A

Check with the lender to see how loan approval is coming along.
Check the appraisal results and help the client decide how to proceed if it comes in low.
Keep track of any special provisions included in the sale, such as items of personal property.

19
Q

What can a lender require a borrower to do with regard to taxes and insurance and why would the lender make this requirement?

A

Lenders can require the borrower to maintain an escrow account for property taxes and insurance, so that the lender is sure money will be available for the payments.

20
Q

Who is responsible for reporting the real estate sale to the IRS?

A

The responsibility for filling out and submitting the form generally falls to the person who conducted the closing.

21
Q

Often lenders will make some type of inspection a condition of

A

approving the buyers’ loan. So inspections and their results are an important aspect of the closing process.

22
Q

For every kind of inspection ordered

A

the reports must be approved or rejected by the buyers or the lender, any repairs must be done and then re-inspected, and the buyers and lender must get notification of the final results.

23
Q

A seller is required to deliver

A

a marketable title at closing. A marketable title is one that is so free of defects that the buyer is certain he or she will not have to defend the title.

24
Q

In order to deliver a marketable title

A

the seller must have proof of ownership of the property, also known as evidence of title.

25
Q

Before a lender will agree to lend money on a property

A

the lender will order a title search to be sure there are no liens on the property.

26
Q

In real estate business and law, a title search or property title search is

A

the process of retrieving documents evidencing events in the history of a piece of real property, to determine relevant interests in and regulations concerning that property.

27
Q

The buyer of a property will usually purchase title insurance

A

which protects the buyer from any title problems that may arise after sale, such as liens that were missed during the title search.

28
Q

Chain of title

A

refers to the succession of property owners of record dating back to the original grant of title from the state to a private party

29
Q

If there is a missing link in the chronology of owners, or if there was a defective conveyance, the chain is said to be broken, resulting in a

A

Clouded title

30
Q

To remove the cloud, an owner may need to initiate a

A

suit to quiet title, which clears the title record of any unrecorded claims.

An action to quiet title is a lawsuit filed to establish ownership of real property (land and buildings affixed to land).

31
Q

The two forms of evidence most used in this process are

A

the abstract of title with attorney’s opinion and the title insurance policy.

32
Q

The Title Commitment document is in the same format as

A

the Title Insurance Policy but it is NOT an insurance policy. The commitment is a document showing the terms and conditions under which the company will issue a policy.

33
Q

Generally, the insurance policy that the title company issues will protect the policy holder against losses that arise from such “hidden” defects as:

A

Forged documents, such as deeds or mortgages
Undisclosed heirs
Mistaken legal interpretation of a will
Misfiled documents
Confusion arising from similarity of names
Incorrectly stated marital status
Mental incompetence

34
Q

Examples of a cloud on a title include:

A
Mechanic’s lien
Income tax lien
Property tax lien
Encroachment
Zoning violation
Deed problems, such as a name that is not legally correct or the lack of the appropriate signatures
35
Q

The term escrow is defined as

A

the process in which a disinterested third party holds all money and documents relating to a transaction until all of the terms and conditions of the escrow instructions have been satisfied.

36
Q

Some expenses paid at closing must be

A

prorated or divided proportionately between the buyer and the seller. The most common items that fall into this category include taxes, insurance, mortgage interest, and utilities.

37
Q

Any item that is prorated is shown on the settlement statement as

A

a debit to one party and a credit to the other party for the same amount.

38
Q

For items paid in advance

A

the buyer will receive a debit and the seller will receive a credit.

39
Q

Closing agents and lenders typically use one of two methods when calculating items that need to be prorated:

A

the 12- month/360-day method and the 365-day method.

40
Q

Also referred to as settlement,

A

the title closing is the culmination of the real estate transaction

41
Q

At the title closing:

A

The buyer completes his or her financing arrangements (referred to as closing the loan). The buyers deposit the down payment and closing costs into escrow.
The seller transfers the title. The sellers pay off any mortgage or other outstanding liens on the property.
Both the buyer and seller pay the necessary taxes, fees and other charges.

42
Q

The sale contract usually specifies where the closing will be held. It can be at any one of a number of office locations:

A
Title company
Lender
Attorney
Closing agent
County recorder
43
Q

Whether providing a lot of assistance or a little,

A

the licensee’s role is to check on the progress of activities along the way so that the actual closing will go as smoothly as possible.

44
Q

Lenders typically require at the very least a

A

title insurance policy and a homeowner’s insurance policy.

45
Q

The title to the property has transferred when

A

the deed is delivered and accepted by the buyer.

46
Q

All real estate sales must be reported to the Internal Revenue Service after closing

A

The sale must be reported on a Form-1099. The responsibility for filling out and submitting the form generally falls to the person who conducted the closing.