Standard Rent to Own Contract
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Quiz 38:Financing
Quiz 38:Financing 1. An FHA-insured mortgage loan would be obtained from which of the following? a. The Federal Housing Administration b. The Department of Housing and Urban Development c. Any FHA-approved lending institution d. Any FHA-approved insuring institution 2. Fannie Mae a. makes FHA loans. c. services FHA loans. b. buys FHA loans. d. insures FHA loans. 3. The grantor becomes the lessee and the grantee becomes the lessor under which of the following financing arrangements? a. Partial sale c. Sale and leaseback b. Wraparound mortgage d. Assumption of mortgage 4. Members of which of the following pairs of terms are synonyms? a. Interim financing and construction loan b. Construction loan and passthrough loan c. Pass-through loan and takeout loan d. Takeout loan and construction loan 5. The type of real estate loan that allows the lender to increase the outstanding balance of a loan up to the original sum in the note while advancing additional funds is the a. wraparound mortgage. c. growing-equity mortgage. b. open-end mortgage. d. graduated-payment mortgage. 6. Richie has been making regular principal and interest payments on his mortgage, but the final payment will be larger than the others. This is a (n) a. balloon payment loan c. FHA loan b. fully amortized loan d. straight loan. 7. A mortgage broker generally offers which of the following services? a. Handling the escrow procedures b. Bringing the borrower and the lender together c. Providing credit qualification and evaluation reports d. Granting real estate loans using investor funds 8. -
Writ of Possession
(Writ of Possession - Real Property) INSTRUCTIONS TO THE SHERIFF OF THE COUNTY OF NAPA 1535 AIRPORT BLVD NAPA, CA 94558 (707) 253-4325 FAX (707) 259-8177 www.napasheriff.ca.gov The Sheriff must have original written, signed, instructions by the attorney for the creditor, or the creditor if he/she has no attorney in accordance with CCP §262; 687.010. ** Failure to fill out this form completely could result in a delay in processing this request.** ___________________________________________ VS ____________________________________________ Plaintiff Defendant ______________________________________ Court Case Number REQUEST TO RESTORE POSSESSION OF REAL PROPERTY Please enforce the writ by removing the occupants from the premises described below in the manner prescribed by law and by placing the plaintiff or his/her agent in lawful possession. (The enforcement of a Writ of Possession of Real Property is governed by CCP §715.020) 1. Premises-address __________________________________ _________________ Street address (include apartment/suite/unit number) ***Gate Code Number*** ________________________________________, CA ___________________________________ City Zip Code __________________________________________________________ Additional premises description (Color, front unit, back unit etc.) 2. List the names of the judgment debtors (as shown on the writ. Include D.O.B. or approximate age if known): ________________________________________________________________ ________________________________________________________________________________________________ -
The Tax Consequences of Wraparound Mortgages
Journal of Civil Rights and Economic Development Volume 2 Issue 2 Volume 2, 1987, Issue 2 Article 4 The Tax Consequences of Wraparound Mortgages Robert Liquerman Diane Di Franco Follow this and additional works at: https://scholarship.law.stjohns.edu/jcred This Comment is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in Journal of Civil Rights and Economic Development by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. THE TAX CONSEQUENCES OF WRAPAROUND MORTGAGES Often in a sale of real property, the seller may elect to receive payment in installments, thereby providing the buyer with con- venient financing while securing for himself desirable tax advan- tages.1 The installment method of reporting allows a taxpayer who is to receive at least one payment after the year of a disposi- ' See I.R.C. § 453 (1982 & Supp. 1984). This section, which contains rules for reporting income under the installment method, provides in pertinent part: (b) Installment sale defined. - For purposes of this section- (1) In general. - The term "installment sale" means a disposition of property where at least I payment is to be received after the close of the taxable year in which the dispo- sition occurs. (c) Installment method defined. - For purposes of this section, the term "installment method" means a method under which the income recognized for any taxable year from a disposition is that proportion of the payments received in that year which the gross profit (realized or to be realized when payment is completed) bears to the total con- tract price. -
California Statewide Rent and Eviction Law 1 Any Reproduction Or Use of This Document, Its Content, Or Its Format Is Prohibited
11/1/19 Edition, by Arthur Meirson California Statewide & David R. Gellman (frequentlyFA askedQs questions) Rent and Eviction Law This article is provided as a resource for understanding the changes which are taking place in San Francisco’s real estate community, and summarizes those changes as they are understood on the publication date. Updated versions of this article may appear on the firm’s website at www.g3mh.com. Tenant Protection Act of 2019. On September 11, 2019, the California Legislature enacted a sweeping statewide law creating rent and eviction controls affecting most residential real properties in California. Governor Gavin Newsom signed the law on October 8, 2019, and it will go into effect on January 1, 2020, with some provisions being retroactive to March 15, 2019. As a result of this law, almost all residential real properties in California will now be subject to a degree of rent control, and will be subject to “just cause” eviction rules, meaning landlords will no longer be able to evict a tenant simply because a fixed term lease has expired. The law will not apply to new housing built within the past 15 years, and a limited number of other types of properties are exempt. The law does not supersede more stringent rent and eviction controls that exist in certain cities and counties, like San Francisco; however, it does affect residential properties in those jurisdictions that were previously exempt from local rent and eviction control laws. What are “Rent “Rent Control” ordinances are laws which limit the amount by which rents may be increased. -
Get a Glossary of Terms Used in the Title Industry
GLOSSARY A Abstract Plant – A geographically arranged abstract plant, currently kept to date, that is adequate for use in insuring titles, so as to provide for the safety and protection of the policyholders. An abstract plant as further defined in Rule P-12 and as further provided for in the Insurance Code, Chapter 2501.003 and Chapter 2502, must include an abstract plant for each county in which a title insurance agent or direct operation maintains an office. Abstract of Title - A compilation of all the recorded documents relating to a parcel of land. Usually kept by the land owner and used as the basis for an attorney as to the condition of title. Still in use in some states, and in some areas of Texas, but mostly replaced by issuance of title insurance. Abstract of Judgment – A lien created by a statutory filing of a court judgment in the real property records. This lien, commonly referred to as an AJ (in Texas), attaches to all non- exempt real property of the person or entity that the judgment was against. Acceleration Clause (in a mortgage) – Specifies conditions under which the lender may advance the time when the entire debt which is secured by the mortgage becomes due. For example, most mortgages contain provisions that the note shall become due immediately upon the sale of the securing land without the lender's consent or upon failure of the landowner to pay an installment when due. Access – The right to enter and leave a tract of land from a public way. Can include the right to enter and leave over the lands of another. -
Does a New Federal Law Protect You from Eviction?
Does a New Federal Law Protect You from Eviction? Congress recently passed the CARES Act, a new law that may protect you from eviction until after July 25, 2020. The law protects tenants from eviction for not paying rent (or other fees or charges) between March 27 and July 25 if they live in a property listed below. If you live in one of these properties, your landlord cannot start an eviction against you during this period. Your landlord also cannot charge you late fees or interest during this period. Starting on July 26, your landlord can give you a 30-day eviction notice if you did not pay your rent between March 27 and July 25. You will still have to pay the full rent you owe for March 27 to July 25. If you have any loss of income, you may be able to reduce the amount you owe in monthly rent. The person or organization to contact is listed next to each program. You may be able to find out if you live in one of the protected properties by searching the property by name or address at https://nlihc.org/federal-moratoriums. Take this document to your landlord if you think this law applies to you and you are having trouble paying your rent. You are protected by this law if you live in: • public housing, section 8 housing where rental housing loan program, or in the subsidy comes with the unit that housing rehabilitated under the housing you are renting, or private housing with preservation grant program (Section 533) a HUD voucher (contact your public (contact your landlord or management housing authority); agent); • a property that is -
The Covid-19 Eviction Crisis: an Estimated 30-40 Million People in America Are at Risk
THE COVID-19 EVICTION CRISIS: AN ESTIMATED 30-40 MILLION PEOPLE IN AMERICA ARE AT RISK Emily Benfer, Wake Forest University School of Law David Bloom Robinson, Massachusetts Institute of Technology Stacy Butler, Innovation for Justice Program, University of Arizona College of Law Lavar Edmonds, The Eviction Lab at Princeton University Sam Gilman, The COVID-19 Eviction Defense Project Katherine Lucas McKay, The Aspen Institute Zach Neumann, The Aspen Institute / The COVID-19 Eviction Defense Project Lisa Owens, City Life/Vida Urbana Neil Steinkamp, Stout Diane Yentel, National Low Income Housing Coalition AUGUST 7, 2020 THE COVID-19 EVICTION CRISIS: AN ESTIMATED 30-40 MILLION PEOPLE IN AMERICA ARE AT RISK Introduction The United States may be facing the most severe housing crisis in its history. According to the latest analysis of weekly U.S. Census data, as federal, state and local protections and resources expire and in the absence of robust and swift intervention, an estimated 30–40 million people in America could be at risk of eviction in the next several months. Many property owners, who lack the credit or financial ability to cover rental payment arrears, will struggle to pay their mortgages and property taxes, and maintain properties. The COVID-19 housing crisis has sharply increased the risk of foreclosure and bankruptcy, especially among small property owners; long-term harm to renter families and individuals; disruption of the affordable housing market; and destabilization of communities across the United States. Throughout the COVID-19 pandemic, researchers, academics and advocates have conducted continuous analysis of the effect of the public health crisis and economic depression on renters and the housing market. -
Inadequate Protection of Tenants' Property During Eviction and the Need for Reform Larry Weiser Prof
Loyola Consumer Law Review Volume 20 | Issue 3 Article 2 2008 Adding Injury to Injury: Inadequate Protection of Tenants' Property During Eviction and the Need for Reform Larry Weiser Prof. & Dir. Of Clinical Law Programs, Gonzaga University, School of Law Matthew .T Treu Assoc., Alverson, Taylor, Mortensen & Sanders, Law Vegas Follow this and additional works at: http://lawecommons.luc.edu/lclr Part of the Consumer Protection Law Commons Recommended Citation Larry Weiser & Matthew T. Treu Adding Injury to Injury: Inadequate Protection of Tenants' Property During Eviction and the Need for Reform, 20 Loy. Consumer L. Rev. 247 (2008). Available at: http://lawecommons.luc.edu/lclr/vol20/iss3/2 This Feature Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola Consumer Law Review by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. FEA TURE AR TICLES Adding Injury to Injury: Inadequate Protection of Tenants' Property During Eviction and the Need for Reform By Larry Weiser* & Matthew W. Treu** I. Introduction Irene Parker, an 82 year-old single woman with health problems, was evicted at Christmas-time due to repair and rental disputes with her landlords. The amount in dispute was $1,200, far less than the monetary value of Ms. Parker's life possessions, which was $15,000. Upon being evicted and having everything she owned put on a public curb, Ms. Parker was forced to pay for a cab so that she could stay at a friend's home until she could find a new place to live. -
There Are Four Steps in the Eviction Process: 1. the Notice to Vacate 2. Filing the Suit 3. Going to Court 4. Writ of Possession
Taylor County Constable Pct. 1 2021 There are four steps in the Eviction process: 1. The notice to vacate 2. Filing the Suit 3. Going to Court 4. Writ of Possession 1. The notice to vacate If a landlord alleges a tenant that is behind on rent or has a lease violation, the Landlord is required by law to give the tenant a three day written notice to vacate the premises. How to deliver the notice options… A) In person – Personally delivered to the tenant or any person residing at the premises who is 16 years of age or older B) Personally delivered – to the premises by attaching the notice to the INSIDE of the main entry door. C) By mail – By regular mail, Registered mail or certified mail, return receipt requested, to the premises in question D) If Above Options Won’t Work – Securely affix the notice to the outside of the main entry door in an envelope with the tenant’s name, address and the word “IMPORTANT DOCUMENT” or similar language AND by 5pm of the same day deposit in the mail a copy of the notice to the tenant. **The Texas Property Code 24.005 requires you the Landlord to deliver the written notice, and then wait three days before filing your suit in Justice Court. This is a legal requirement which must be met and cannot be overlooked. If a landlord is requesting attorney’s fee, the landlord must give a 10 day Notice to vacate. 2. Filing the Suit You must file an original petition with the Court and pay $121.00 (subject to change). -
Going National with HERS and Eems: Issues and Impacts
March 1992 • NREL/TP-261-4706 Going National with HERS and EEMs: Issues and Impacts The Collected Papers of the National Collaborative National Collaborative on Home Energy Rating Systems Mortgage and Incentives for Energy Efficiency . J J l . j �*� •'¥ ··���=· -- National Renewable Energy Laboratory 1617 Cole Boulevard Golden, Colorado 80401-3393 .J) A national laboratory of the U.S. Department of Energy Managed by Midwest Research Institute for the U.S. Department of Energy under Contract No. DE-AC02-83CH10093 J j 261-4706 • UC Category: 350 • DE92001220 Going National HERS and EEMs: Issues an Impacts The Collected Pap of the National Collab National Collaborative on Home Energy Rating Systems Mortgage and Incentives for Energy Efficiency 1617 Cole Boulevard Golden, Colorado 80401-3393 A national laboratory of the U.S. Department of Energy Managed by Midwest Research Institute for the U.S. Department of Energy under Contract No. DE-AC02-83CH10093 Prepared under Task No. AS135440 March 1992 NOTICE This report was prepared as an account of work sponsored by an agency of the United States government. Neither the United States government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does riot necessarily constitute or imply its endorsement, recommendation, or favoring by the United States government or any agency thereof. -
Eviction: Get the Facts
Consumer’s Edge Consumer Protection Division, Maryland Office of the Attorney General Brian E. Frosh, Maryland Attorney General Eviction: Get the Facts “My landlord says he’s going to evict me tomorrow if Reasons for Eviction I don’t pay the rent...Can he do that? What can I do? A landlord cannot evict you simply because you have filed Where will I go?” a complaint or a lawsuit against them or have joined a tenant’s association. This is called a “retaliatory eviction,” The prospect of being forced out of your home and having and you may be able to stop an eviction by showing the your belongings put on the street is frightening. However, court that your landlord is evicting you for one of these it’s important to understand what an eviction is (and is reasons. not) and what a landlord can and can’t do. A landlord can evict you for: • Non-payment of rent. Your landlord can begin the eviction process as soon as your rent due date has passed and you have not paid the rent. In most in- stances, you can stop the eviction any time before the sheriff actually comes to evict you by paying the landlord the rent that is owed. • Witholding rent. Never try to force a landlord to make repairs to your home by withholding the rent. The landlord can evict you for non-payment of rent. Instead, go to your District Court and ask to file a rent escrow complaint. A judge may allow you to pay your rent into an escrow account Eviction is a legal process. -
New Jersey Department of Community Affairs Division of Codes and Standards Landlord-Tenant Information Service
New Jersey Department of Community Affairs Division of Codes and Standards Landlord-Tenant Information Service GROUNDS FOR AN EVICTION BULLETIN Updated February 2008 An eviction is an actual expulsion of a tenant out of the premises. A landlord must have good cause to evict a tenant. There are several grounds for a good cause eviction. Each cause, except for nonpayment of rent, must be described in detail by the landlord in a written notice to the tenant. A “Notice to Quit” is required for all good cause evictions, except for an eviction for nonpayment of rent. A “Notice to Quit” is a notice given by the landlord ending the tenancy and telling the tenant to leave the premises. However, a Judgment for Possession must be entered by the Court before the tenant is required to move. A “Notice to Cease” may also be required in some cases. A “Notice to Cease” serves as a warning notice; this notice tells the tenant to stop the wrongfully conduct. If the tenant does not comply with the “Notice to Cease,” a “Notice to Quit” may be served on the tenant. After giving a Notice to Quit, the landlord may file suit for an eviction. If a suit for eviction is filed and the landlord wins his case, he may be granted a Judgment for Possession. A Judgment for Possession ends the tenancy and allows the landlord to have the tenant evicted from the rental premises. No residential landlord may evict or fail to renew a lease, whether it is a written or an oral lease without good cause.