Ch 3 & 4

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3 Environmental Concerns and Hazards 4 Encumbrances
Laila Enchante
Flashcards by Laila Enchante, updated more than 1 year ago
Laila Enchante
Created by Laila Enchante about 8 years ago
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Environmental Impact Statement (EIS) needs to be prepared to analyze the effect that a proposed development will have on the natural and social environment
Residential Lead Based Paint Hazard Reduction Act pg 18
Remediation process used to reduce or eliminate an environmental hazard
Formaldehyde colorless, gas that is emitted from various building materials; preservatives in paint and coating products, adhesives use to bond pressed wood and plywood, etc (pg 20)
Molds the most pressing environmental issues facing real estate agents is the concern of prospective buyers and tenants about ______; can be classified as allergens, pathogens, and toxins; commonly detected by sight or smell.
Mold spores will grow on any substance where there is moisture that occurs from such sources as condensation, water leaks, excessive humidity, water damage, flooding or water infiltration.
important real estate agent information pg 15, 16, 19, 22, 23, 28
Environmental Protection Agency (EPA) Federal Agency; has the authority to take corrective actions
Department of Environmental Protection (DEP) State; In PA
Real Estate Seller's Disclosure Act any seller who intends to transfer an interest in residential real property shall disclose to the buyer all material defects to the property including environmental concerns and hazards
property disclosure statement must be given to a prospective buyer prior to the signing of a written agreement
material defect a problem with the property or any portion of it that would have a significant adverse impaction the value of the residential real property or that involves an unreasonable risk to people on the land
encumbrance is a special claim or interest in real property that is held by someone other than the owner and creates a limitation and/or burden to the real property owner
incorporeal right represents a special interest in real property without having ownership; affects bundles of rights and creates a limitation for the real property owner
easement appurtenant occurs where there are two adjacent; has a servient tenement and dominant tenement; should be placed in deed or in separate document and recorded
Easement in gross is a personal right to use the land of another owner; involves a non-adjacent property; not transferable to others, commercial _____ _ ___ usually can be assigned, transferred or inherited
easement by necessity would be the only practical way an owner could get to or from a parcel of real property that is surrounded by one or more owners and is landlocked; a property that has no frontage on a public road
easement by prescription to obtain an easement by the prolonged use of real property against the owner's consent; open and visible use of a property; continuous use of property: 21 years in Pennsylvania; hostile use: action taken against owner's consent
license temporary to enter and use the real property of another for a specific reason; temporary and revokable
Lien a charge against property, a property's security for a debt or obligation of the property owner;
Specific lien a legal claim against only one particular parcel of real property; examples: mortgage, mechanics lien, real property tax lien
general lien a claim against all real and personal property owned; examples: federal income tax, state inheritance tax, and judgement
mortgage lien represents a debt of a borrower by which lender cantata foreclosure against the specific real estate secured by the mortgage
Foreclosure is the procedure that a lender takes tp recover money when a borrower defaults on the mortgage
4 types of foreclosure judicial non judicial strict foreclosure deed in lieu of foreclosure
equitable redemption the borrower in default can stop the foreclosure by making all the necessary payments BEFORE the sale
Statutory redemption a borrower in default has a period of time to make all necessary payments even AFTER the sale;
deficiency judgment the lender to go back to court and file a _______ ______ for the amount of any shortfall
non-recourse financing Mortgage contracts that lack this deficiency judgment
short sale a lender-approved sale of a property
Mechanics lien filed by material supplier, builder, contractor, subcontractor or developer when some type of construction or repair work on real estate in eluding materials and/or labor has been ordered and completed but has not been paid for
3 forms of protection against mechanics liens waiver of liens release of liens mechanics lien insurance
waiver of liens would be put in the agreement of sale with the general contractor; stipulation (stip)
release of liens all subcontractors would be required to sign off on the release giving up their right to file a lien
Stipulation against liens (Stip) short version of wavier of liens; is recorded in the public records
mechanics lien insurance insurance coverage against any mechanics liens filed against the property; issued by a title insurance company
tax lien a claim tax on real property; County Tax Claim Bureau
priority order of the liens the court action of a foreclosure sale, tax sale or sheriff's sale; becomes a very important issue
Subordination Agreement An agreement between lien holders to change the priority these liens
lis pendens a lawsuit filed against real property in the case of mortgage foreclosure or suit to quiet title, a notice of the lawsuit; recorded in the county courthouse to alert any interested party of the pending litigation
writ of attachment it is a document that is issued by the court to prevent title from being conveyed while a court suit is in progress on real property
writ of execution the judgement lien is enforced by a document known as ______ __ ______ that allows the sheriff to seize and sell the property of the debtor
Judgement represents a general lien that affects all real and personal property of the debtor.
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