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Questions

Quiz yourself by thinking what should be in each of the black spaces below before clicking on it to display the answer.
        Help!  

Question
Answer
Characteristics of land   show
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Physical characteristics of land   show
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Indestructible   show
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Immovable   show
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Nonhomogeneity   show
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Economic characteristics of land   show
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Situs   show
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Improvability   show
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show The supply of land in relationship to the demand of the land. when supply is down then price is up and when supply is up price is down.  
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Fixity   show
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show Right or privilege or improvement to that belongs to and passes with the land but is not necessarily a part of the land. Ex: Easement and Condo parking  
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show An object that has been attached to the land physically so as to become real estate. As a rule it is the property of the landowner and when the land is conveyed to a new owner, it is automatically included in the land.  
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show The test that can be determine if items are real or personal property. Modification, Attachment, Relationship to the party, Intentions of the annexing party, and Agreement.  
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Modification (MARIA)   show
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Attachment (MARIA)   show
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Relationship to the party (MARIA)   show
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Intentions of Annexing party (MARIA)   show
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show Agreement between the buyer and seller of what will stay and what will go. Best to get in writing and placed in the contract.  
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show Right or privilege of one party as to use the land of another for a special purpose not inconsistent with the owner's use of the land.  
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show easement appurtenant, personal easement in gross, and easement in gross  
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show grant, reservation, condemnation, necessity, and prescription  
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show Must have two properties; Servient the property that is serving/providing/burdened by the easement. Dominant the property benefiting from the easement.  
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show Only a servient property. Ex: Utility companies using your property to run their lines. Your property serves as the servient property.  
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show An easement that will terminate with the death of the property owner or the transfer of the property. EX: Developing an easement for use of hunting or fishing.  
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Commercial easement in gross   show
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show Legally a burden to the land and consistent with the use of the land but without these services would most likely make the land less useful and hence less valuable.  
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Party Wall Easement   show
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show Written document to specifically grant an easement go another party.  
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show Owner can reserve (withhold an easement in the deed when granting the property to another. EX: Land developer may reserve easements for utility lines when selling lots.  
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Easement by government condemnation   show
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Easement by necessity   show
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Easement by prescription   show
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Allodial System   show
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show PETE: Police Power Eminent Domain Taxation Escheat  
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Police Power   show
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Eminent Domain   show
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Legal Requirements for Eminent Domain   show
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show The legal proceeding involved when acquiring land through eminent domain.  
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Escheat   show
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estate   show
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Fee Simple   show
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Freehold Estate   show
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Characteristics of Freehold Estate   show
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show 1. Fee Estates 2. Life Estates 3. Estates Created by Statue  
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Less than Freehold Estates   show
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Leasehold Estate   show
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show 1. Possession of the land but no ownership. 2. Estate is of definite or indefinite duration  
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Difference of Leasehold and freehold estates   show
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Estate for years   show
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Periodic Estate   show
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Estate at Will   show
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show Requires: 1. Tenant give 30 days notice 2. Landlord give 60 days notice notice of termination.  
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Tenant of Sufferance   show
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Tenancy at will   show
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show Also known as dereliction results when a lake, sea, or river permanently recedes exposing dry land. (Result of accretion)  
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Erosion   show
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show The increase of the actual land on a stream, lake or sea by the action of water which deposits soil upon the shoreline. The results are alluvion and reliction,  
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Alluvion   show
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show When land is rapidly washed away by the action of water. This may result in property lines changing.  
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show Alluvion and Reliction  
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show Accretion, Erosion, Reliction  
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show The unauthorized intrusion of a building or other improvement onto another person's land. The owner of the property being intruded upon has the right to force the removal on the intrusion.  
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show 1. End of necessity 2. Merger 3. Release 4. Abandonment  
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End of Necessity   show
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show When the dominant and servient estates are combined with the intent of extinguishing the easement  
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Abandonment   show
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show Not a right or an estate in the land, but a personal privilege given to someone to use land. Not an encumbrance. Can be given verbally.  
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Metes and Bounds   show
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show Also known as the government survey or U.S. public land survey, describes land based on longitude and latitude.  
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Plat Book   show
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show A subdivision map filed in the county recorder's office that shows the location and boundaries of individual parcels of land. Simplest and most convenient method of land description.  
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show The right of a landowner whose land boarders a river or a stream (flowing) to use and enjoy that water.  
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Littoral Rights   show
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show A point , line, or surface from which a vertical height or depth is measured.  
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Square Mile Section   show
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Acre   show
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Doctrine of Prior Appropriation   show
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show The first to USE the water has prior right to its use.  
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Percolating Water   show
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show A written document that, when properly executed and delivered, conveys title to land.  
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Grantor   show
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Grantee   show
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Legal Description   show
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Granting Clause   show
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show Anything given, good or valuable, to induce another to enter into a contract. (normally a dollar amount but does not have to be money)  
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show A clause in a deed that limits the use of land for things such as easements or air rights.  
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show The grantor is required to sign the deed, however the grantee is not. Signature must be voluntary.  
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Delivery and Acceptance   show
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Dedication   show
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Accession   show
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show A written agreement or promise  
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show The grantor warrants (guarantees) to the grantee to be the owner and possessor of the property being conveyed (sold) and has the right to convey (sell) it.  
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show An assurance or guarantee that something is true as stated  
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show The grantor warrants (guarantees) to the grantee the the grantee will not be disturbed, after taking possession, by someone else claiming an interest in the property. (free of liens). Also used in lease situations  
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show The grantor warrants (guarantees) to the grantee that the title is not burdened with any easements, restrictions, unpaid property taxes, assessments, judgements and so on except as stated in the deed.  
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Covenant of Further Assurance   show
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Warranty Forever   show
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show (FULL DEED) The best deed. Grantor makes full guarantee to buyer against defects of title.  
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show (promise during GRANTOR OWNERSHIP) Grantor warrants title only against defects occurring during the grantor's ownership and not defects existing before that time. Generally deed used in Foreclosures.  
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show Contains no covenants (promises) and only the minimum essentials of a deed. This only has a date, identifies the grantor and grantee, recites consideration, property, words of conveyance & grantor's signature. Grantor only IMPLIES ownership. EX: Auction  
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Quitclaim Deed   show
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show Any claim, lien, or encumbrance that impairs title to property.  
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Gift Deed   show
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Guardian's Deed   show
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show A deed that gives ownership rights in property bought at a sheriff's sale. A sheriff's sale is a sale conducted by a sheriff upon order of a court after a failure to pay a judgment.  
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show Deed used to correct an error in a previously executed and delivered deed.  
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show When a person dies without a will, it directs how the deceased's assets will be distributed; also called a title by descent. Process of allocating deceased's assets.  
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show When a person dies leaving a will  
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show Testator (male) Testatrix (female)  
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Lien   show
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Voluntary Lien   show
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show Created by operation of law. Some examples are property tax liens, judgements and mechanic's liens.  
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show Lien on a specific property. An example would be a property tax lien as it is against a particular property.  
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General Lien   show
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show Lienor (holding the lien, i.e mortgage lender) and lienee (party whose property is subject to the lien)  
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show Written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the county land records office. ... Latin for "suit pending".  
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show Sole Ownership  
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Dowery   show
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Tenants in Common   show
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show A feature of joint tenancy whereby the surviving joint tenants automatically acquire all the rights , title , and interest of the deceased joint tenant  
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show Form of property co-ownership that features Right of Survivorship. Upon the death of joint tenant, that interest does not descend to the heirs or pass by will. Rather the entire ownership remains in the surviving joint tenants. ONLY a human can be a  
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show For joint tenancy, unities of possession, interest, title, and time must be present. Represented by PITT  
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show Means that the joint tenants must enjoy the same undivided possession of the while property. All joint tenants must have the use of the entire property. (ONLY unit essential to tenancy in common)  
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Unity of Interest   show
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Unity of Title   show
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Unity of Time   show
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show ONLY husband/wife. Joint ownership for married persons; right of survivorship exists & neither spouse has a disposable interest during the lifetime of the other. Terminated by joint action of husband/wife. Same unities as joint ten. but add 5th the un  
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Types of Ownership   show
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show (opposite of dowery) Gives husband benefits in his deceased wife's property as long as he lives. Unlike dowery the wife can contest the Curtesy in her will. State law requires that the couple have a child in order for the father to qualify. NOT in GA  
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show Spouses are treated a equal partners, with each owning one-half interest. Honored in 10 states. GA is not one. Property owned before the marriage or gifted, purchased with separate funds or inherited after the marriage is considered SEPARATE PROPERTY.  
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Term Loan (Straight Loan)   show
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show Any loan that has a final payment larger than any of the previous payments on the loan. The final payment is called the balloon payment. (Type of term loan)  
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show Real estate loans that are not insured by the FHA or guaranteed by VA. (Non-Gov)  
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show Loan is a mortgage issued by federally qualified lenders and INSURED. The loans are designed for low-to-moderate income borrowers who are unable to make a large down payment.  
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show loan is a mortgage loan in the United States GUARANTEED. The basic intention is to supply home financing to eligible veterans and to help veterans purchase properties with no down payment.  
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RHSA (Rural Housing Services Administration)   show
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show A private mortgage insurance source to insure lenders against foreclosure loss. Insures only the top 20-25% of the loan. Borrower can get loan with5-10% down as oppose to 20-30% down. Fee is normally 1% of loan.  
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UFMIP (Up -Front Mortgage Insurance Premium)   show
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Amortized Loan   show
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Partial Amortization   show
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Loan to Value Ratio (L/V, LTVR)   show
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show A mortgage with an interest rate and maturity that are fixed, but with a MONTHLY PAYMENTS that gradually rises because the initial monthly payments are insufficient to fully amortize the loan.  
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show A mortgage on which the INTEREST RATE rises and falls with the changes in prevailing interest rates.  
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show Contract between a borrower and lender and is the fundamental loan document and creates the OBLIGATION of the borrower to pay the lender. Establishes the amount of debt, term of repayment and interest rate.  
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show 1. Be in writing 2. Between borrower and lender 3. State the borrower's promise to pay a certain sum of money 4. show the terms of payment 5. Signed by the borrower 6. Voluntarily delivered by the borrower and accepted by the lender  
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Obligee and Obligor   show
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Contract   show
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Expressed Contract   show
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Implied Contract   show
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Unilateral Contract   show
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Bilateral Contract   show
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show A special agreement between the lender and the borrower to delay a foreclosure. (Not to act)  
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show Agreement that contains ALL essential elements of a contract  
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Essential Elements of a Contract   show
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show Agreement missing one of the essential elements of a contract and has no legal effect. (Not a legal binding agreement)  
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Voidable Contract   show
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show Agreement between parties once had validity, but for which the validity has ceased.  
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show A contract that a court would allow and uphold.  
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Unenforceable Contract   show
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Executory   show
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Executed   show
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show MOST frequent. Process of completing, performing, or Carrying out something. Thus, you do this to a document when you sign it.  
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Capacity   show
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show Person considered legally capable of entering into a binding contract.  
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show To be enforceable, a contract can't call for the breaking of laws. A court of law can't enforce a contract that requires that a law be broken. Such a contract is void or if already in operational unenforceable.  
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show The promise or payment of something good or valuable (The value in the real estate contract)  
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show Must be agreement to the provisions of the contract by the parties involved. Must be mutual willingness to enter into a contract.  
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show In each state a law that states that all contracts for sale of land or interest in land be in writing tp prevent fraud.  
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show Simply replacing someone or something in a contract with someone or something else. All parties must agree to the replacement or the new contract is not valid. Replaces the original contract with a new one.  
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Mortgage   show
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Deed of Trust   show
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show Deposit (money/check) that accompanies an offer to purchase as evidence of good faith to purchase the land/property.  
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show A method of selling or financing property whereby the seller retains title but the buyer takes possession while making the payments.  
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show A short purchase contract used to secure a real estate transaction until a more formal contract can be signed.  
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Liquidated Damages   show
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show Contract performance according to the precise terms agreed upon.  
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Mortgagee   show
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Mortgagor   show
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show Title that lacks the rights and privileges usually associated with ownership; also called a bare title. Carrying with it none of the benefits of ownership. Usually the title held by a trustee, with the beneficiary holding equitable title.  
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Trustor   show
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show One who holds property in trust for another; the third party in a deed of trust.  
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Hypothecation   show
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show Give up the possession of the property to the lender while it serves as collateral. Opposite of Hypothecation.  
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Security Deed   show
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show The procedure by which a person's property can be taken and sold to satisfy an unpaid debt.  
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Beneficiary   show
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show Used to reconvey title to property back to the borrower once a debt has been paid on a deed of trust.  
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Alienation Clause (Due on Sale Clause)   show
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show Allows the lender to demand immediate payment if the entire loan if the borrower defaults.  
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show Voluntary act by borrower & lender to avoid hassle of foreclosure proceedings and possible deficiency judgement where the borrower gives the lender the deed of the mortgaged property in turn the borrower should demand cancellation of the unpaid debt.  
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show Lender must cancel the security instrument upon full payment.  
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show Taking the matter for court of law in the form of a lawsuit that asks the jusdge to foreclose the borrower. (GA)  
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Nonjudicial Foreclosure   show
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Power of Sale   show
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Blanket Mortgage (Blanket Loan)   show
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show Loan secured by real estate and in which the personal property and furniture is included in the purchase price of the house. . The personal property is used as collateral, and cannot be sold without the approval of the lender. (EX: HOTEL)  
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show Written supplement or amendment made to a previously existing will. Used to change will and must be dated, signed and witnessed.  
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show Acquisition of land through prolonged and unauthorized occupation  
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First Right of Refusal   show
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show A person has a right, but not an obligation to perform under agreed upon terms, price, and time period. Unilateral contract. Buyer is the optionee and seller optionor.  
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Contract for Deed   show
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Devise   show
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show Personal Property that is willed. Recipient of the personal property willed is the LEGATEE  
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Executor (Executrix-female)   show
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Administrator (Administratrix)   show
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Freddie Mac   show
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Fannie Mae   show
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show Government National Mortgage Association (GNMA). It was created in the Housing and Urban Development Act of 1968. The act split GNMA off from Fannie Mae. Both of these businesses involve mortgage backed securities for sale to investors. FHA,HUD, VA  
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show Sequence of historical transfers of title and runs from the present owner back to the original owner of the property.  
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Abstract of Title   show
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show The procedure for indexing instruments presented for recording. Grantor-grantee indexes and Tract Index (one page dedicated to a parcel of land)  
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show Government-operated facility wherein documents (instruments) are entered in the public records  
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Accession   show
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Community Reinvestment   show
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show Loan Programs that help people with lower income achieve home ownership.  
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Determinable Estate   show
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show New owner will not obtain possession until they meet a certain criteria,  
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show similar to the determinable estate but, it does not automatically revert back to the original owner or a remainder person. It does give the original owner the right to take the property back.  
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show Acquisition of land through prolonged and unauthorized occupation. (SQUATTER) (Also can happen through encroachment)  
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show Adverse possession but paid taxes. Some plausible but not completely clear cut indication of ownership rights  
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show Process Adverse Possession person adds his period of possession to that of a prior adverse possessor. In order for title to property to vest in an adverse possessor, occupancy must be continuous, regular, and uninterrupted for the full statutory period.  
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show court ordered hearings held to determine land ownership  
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Mortgage Banker   show
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Mortgage Broker   show
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show mortgage banker: makes loans from ONE bank mortgage broker: compiles loans from MANY banks  
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show .90001 to .95 L/V is 95% .80001 to.90 L/V is 90% .80 or below L/V is 80%  
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Partially Amortized Loan   show
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Defeasance Clause   show
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show When monthly mortgage payments are not sufficient to cover interest due to unpaid interest is added to principal.  
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The most significant component of an installment contract.   show
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show It is a bilateral, executory agreement. Executory because it is not completed until the end of the lease.  
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Essentials of a VALID contract   show
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Lawful Objective   show
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show Valid but not enforceable (in most cases if witness is not present)  
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Constructive Notice   show
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show Information the law presumes a reasonably diligent person would obtain by making further inquiry EX: want to buy a house that current have tenants...do due diligence)  
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Actual Notice   show
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show The grantor is the person that acknowledges the deed so it may be recorded  
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50 years   show
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Statue of Limitations   show
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show Ownership by two or more persons at the same time. Types: joint, in common, entirety and community property  
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Wraparound Mortgage   show
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show The broker brings a contract from a ready, willing and able buyer at contract price and terms. (EARNS)  
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show There is no recorded plat.  
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A title cloud could be removed by   show
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show A homestead.  
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A property which is owned as tenants by the entireties is owned by:   show
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Which of the following is an emblement?   show
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show An estimate of value.  
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A home with outdated plumbing fixtures and appliances would most likely suffer from:   show
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Functional obsolescence   show
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Which of the following is NOT a right of the state in privately held property   show
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Sellers, in the signing of a deed, swear that they are who they claim to be and they are signing the deed of their own free will. This is best described as   show
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Acknowledgement   show
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show Exclusive agency listing  
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Sue deeds a property to Mark but retains an interest in the property for as long as she lives. Until Sue’s death, Mark would have a(n):   show
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Of the following, which is a fixture   show
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show A lumber company  
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show Nicole shows the property to a buyer client.  
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show The sales commission is earned only if the option is exercised.  
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show Present the offer with a new market analysis.  
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show A point of beginning  
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A convenience store was built in 1965 on one acre of land. In 1981 the property was rezoned to multi-family residential. Which of the following is TRUE?   show
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Jake purchases a 4 bedroom, brick, 2-story traditional home in a neighborhood of other similar homes hoping that the investment will prove in the future to be a sound one. Jake is operating on the principle of:   show
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If a seller wishes to keep his liability to a minimum, which of the following deeds should he use?   show
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show Escheat  
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Sales Person   show
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show A person who provides acts of licensure for another for compensation; one who acts an agent for others in negotiating contracts or sales  
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show Any person who meets the requirements of a broker but chooses to work for a broker  
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show A written contract between a person and a broker whereby the person becomes a client of the broker.  
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GREC   show
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show Any interest in real property, freehold or non-freehold; tangible on intangible  
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show A fund that provides an avenue of protection to members of the public harmed by the illegal acts of a licensee  
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show  
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show 18 yrs of age resident of state* HS grad or equivelant 25 hr CommAsso course pass state exam  
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show 18 yrs of age resident of state* HS grad or equivelant 75 hr prelicense class pass state exam  
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Real Estate Broker's Qualifications   show
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Non-Residence Licensees   show
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show The fund must always maintain a minimum balance of 1 million dollars. if it falls below, each licensee at the time of renewal, may be assessed up to $30 for each year in the renewal period  
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show the fund may not be obligated to pay more than 25K on any one transaction the may have to make up the difference.  
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show The fund may not be obligated for more than 75K for the acts of any one licensee, regardless of the number of transactions  
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show No one person shall ever obtain more than 25K from the fund  
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These person(s) DO NOT have a right to claim against the fund   show
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Licensee that has the Real Estate Education and Recovery Fund payout   show
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show The Estimate or Value of Something; it is a necessary part of most real estate transactions. Also used to set prices on property. Used by govt to establish property tax levels for taxpayers.  
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Informal Appraisal   show
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Formal Appraisal   show
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show Step by step procedure that appraisers use to conduct their work.  
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show Uniform Standards of Professional Appraisal Practice; guidelines established for the valuation process  
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Characteristics of Value   show
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show Marketable Title (IF title has defect then lowers the value of the property  
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Principles of Value   show
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Principal of anticipation   show
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Principal of Substitution   show
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Principle of Competition   show
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The principal of change   show
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show holds that maximum value is realized when there is a reasonable degree of homogeneity in a neighborhood (200K house would be out of place in a neighborhood of 90K)  
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show That use of a parcel of land that will produce the greatest value  
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show Refers to the ability of people to pay for land coupled with the relative scarcity of land. When the supply of land is limited and demand is great the result is rising land prices.  
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show the dollar spent adds a dollar to cost but more than a dollar to value; remodel of bathroom cost 10K but will make property go up 15K  
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the principal of decreasing returns   show
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The principal of contribution   show
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Value   show
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show Value given to a property by the county tax assessor for purposes of property taxation  
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show when two or more adjoining parcels are combined into one large parcel and  
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show If assemblage causes an increase in value over the cost  
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Plottage value   show
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show Value that federal and state taxation authorities establish for a deceased person's property. It is used to calculate the amount that must be paid  
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Insurance Value   show
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Loan Value   show
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Rental Value   show
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Replacement Value   show
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Salvage value   show
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show Supply and demand is unbalanced because of excess supply (prices are lower)  
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Seller's Market   show
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show Many buyers and sellers in the market at the same time. Makes it relatively easy to establish the price of a property and for the seller to find a buyer quickly and vice versa  
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Thin Market   show
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Market comparison approach   show
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show Land value plus current construction costs minus depreciation  
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show A method of valuing a property based on the monetary returns it can be expected to produce  
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Comparables   show
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Transfer tax   show
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show for accurate appraisal each comps should be inspected with price and terms verified  
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Adjustment Process   show
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CIA   show
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show Comparable Better Subtract  
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show Sudden/Rapid  
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show Gradual  
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show  
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