Real Estate Law Basics

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Questions and Answers

Which statement about recording instruments is NOT true?

  • It determines the priority of liens.
  • It provides actual notice of an interest.
  • It provides constructive notice of the recorded instrument.
  • It creates a presumption of delivery. (correct)

What is the definition of a wraparound loan?

  • A loan that allows additional borrowing as payments are made.
  • A loan that includes the amount of other loans. (correct)
  • A loan that charges excessively high-interest rates.
  • A loan specifically meant for purchasing property.

Which of the following is a true statement regarding disclosures to residential buyers?

  • The buyer must exercise reasonable care.
  • There is a two-year statute of limitations on disclosure.
  • The duty of inspection applies only to single-family residences.
  • All of these statements are true. (correct)

Which of the following statements regarding the priority of liens is correct?

<p>Liens are prioritized based on the date of recordation. (C)</p> Signup and view all the answers

What does the concept of constructive notice imply in relation to recorded instruments?

<p>Parties are aware of the interests even if they have no actual knowledge. (A)</p> Signup and view all the answers

Flashcards

Recording

The act of officially registering a legal document, such as a deed or mortgage, with a government agency for public record. This makes the document accessible to everyone.

Wraparound Loan

A loan that includes the balance of another existing loan, creating a single payment for all debts. This is often used when refinancing a property.

Purchase Money Loan

A loan that is intended to be used at the time of the purchase of real estate. It is also often considered to have priority.

Open-end loan

A loan that allows for additional borrowing after the initial loan amount is disbursed. Think of a credit card where you can keep adding more debt to it.

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Required Disclosures

Legal requirement that buyers and sellers must make certain disclosures about the property, such as known defects. This is important for protecting both parties.

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Study Notes

Recording

  • Recording of an instrument provides constructive notice to others.
  • Recording determines the priority of liens.
  • Recording does not create a presumption of delivery.

Subordinate Loan

  • A subordinate loan including another loan amount is a wraparound loan.

Required Disclosures to Residential Buyers

  • A two-year statute of limitations exists on disclosures.
  • Buyers have a duty to exercise reasonable care.
  • The duty of inspection is not limited to a specific number of units.
  • All of these statements are true.

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