Management 3540 Chapter 17

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tjm4hd  on May 9, 2012

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Management 3540 Chapter 17

Listing Agreement
An agreement authorizing a realtor to be the seller's agent for the purpose of soliciting offers of real estate
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Definitions

Listing Agreement An agreement authorizing a realtor to be the seller's agent for the purpose of soliciting offers of real estate
Exclusive Listing Agreement Standard form of contract for realtors because it gives realtors exclusive right to be the selling agent for the land
Deed A document which transfers title to land
Grantor Person or entity which transfers title by deed
Grantee Person who receives a deed and title to the real estate
Warranty deed A deed in which the grantor guarantees the title is good
Quitclaim Deed Deed under which the grantor transfers whatever ownership interest the grantor has in the land without any warrenty of title
Deed of Release Deed of a mortgagee releasing a mortgage
Tenancy in Common Co-owner's share of property will go to the heir in the event of the co-owner's death
Joint Tenancy The right to survivorship, under which each owner's share will go to the other co-owners
Tenancy of Entireties Available only for spouses. It is a form of ownership which protects the land from the creditors in the event of a death
Transfer of Death Provision Grantor specifies whom the property will go to in the event of the grantee's death
Fee Simple Absolute Transfers the entirety of the ownership of the land to another property
Fee Simple Defeasible Transfers the entire ownership interest in the land to another party
Easement Permanent right to use a portion of another person's land without owning it
License Revocable right to use land
Profits Right to enter someone's land and remove something of value. i.e. mineral rights and timber rights
Mortgages The right of the lender to foreclose on land in an obligation is breached
Life Estate The right of the holder to exclusive possession of land for a term based upon someone's lifespan
Title Theory of Mortgages A borrower signed a mortgage over to a lender, the lender received title and possession to the property until the date called Law Day
Lien Theory of Mortgages A mortgage that gives the lender the right to foreclose and sell the property but the borrower retains the title of real estate
Mortgage A lien on real estate where the mortgagee personally exercises foreclosure rights
Deed of Trust A lien on real estate where a third party, the trustee holds the lien on real estate in his name and exercises foreclosure rights on behalf of the hold
Open-end Mortgage A mortgage which is used to secure some type of a line of credit
Second Mortgage A mortgage with lower priority and usually late in time than the original mortgage
Acceleration Clause The lender declaring that the entire loan balance is due if there is a default in payment of the loan
Power of Sale Clause Allowing the mortgagee to have a private foreclosure sale
Deficiency Judgement A court order requiring the borrower to pay the amount still after a foreclosure sale on real estate
Equity of Redemption The mortgagor has the right to repurchase the real estate by paying the entire balance due prior to foreclosure
Statutory Redemption Allows the mortgagor to repurchase the foreclosed property after the foreclosure sale
Race Statute First to record a mortgage or deed with the recorder of deeds has priority to the real estate
Notice Statute The first to show interest in the land gets the rights to the land
Race-notice Statute The first to take notice in the land without anyone else showing interest obtains the land

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