Volume 1: Hi: Thank you for choosing REMI School for your professional development licensing. From time to time I am asked questions and I try my best to keep track of student inquiries. Here are some of the latest. When paying special assessments, how long is given in the contract to settle any differences that may arise between the parties: Ans. 5 days What is the primary difference between a land trust and agreement of sale. Ans: In an agreement of sale there is a transfer of title In an agreement of sale there is the first conveyance of an interest in the property, which we refer to as beneficial title, and is successful there is a second closing where the vendee arranges other financing and closes on the sale. Ques: Which of the two closings requires payment of the conveyance tax? Ans: the second closing When must funds be paid to escrow for closing Ans: must be paid in good funds, at least one day prior to scheduled closing Which is first in the condominium process: Declaration and By Laws, or Zoning. Ans: zoning because it is a feasibility item. If the property is not properly zoned then it will not be fit for a condo. If taxes are paid by the seller through June 30, 2010 and the sale closes escrow at 8:01am on July 1, who pays the one day of taxes. buyer is charged/debited for one day of property tax. When does title pass in land court. Remember Delivery and Acceptance is the key for recordation. Title passes at registration ( recordation in the regular system or registration in land court ). I was asked the other day if a licensed agent and an unlicensed assistant are enroute to deliver documents and the licensed agent is detained, can the unlicensed agent deliver the documents. There are two issues involved. Only a licensee can negotiate or sell real estate so if negotiation or selling is required: then no. Second, ultimately the licensed person is responsible for escrow documents. So an unlicensed person can deliver but it is clear they can do little else. The licensed agent remains responsible. Under the Mortgage Fraud Act a licensee with a distressed listing can not purchase the distressed listing for 365 days from the date of the listing. 1 Who is responsible for escrow documents: the escrow officer of the licensee. Ans: the licensee. Remember, the licensee has responsibility for the fiduciary interests of the principal. The escrow officer is a neutral party. How many days are provided to resolve a dispute over special taxes: Ans: 5 days Hawaii is a Lien Theory State meaning the mortgagee has a lien and must seek authority from a court to foreclose to obtain the title. Per the paragraph C-11 of the Purchase and Sale Agreement, how much of the standard title insurance policy is paid by the buyer: Ans 40% by buyer and 60% by seller What three information pieces must be shown on every advertisement: Ans: Licensee Name; Licensee Designation ( e.g. R, RA ) and Agency Name. What is the insurance settlement for value if the owner does not have co insurance: Cash Value which is the cost less depreciation A damaged roof is what type of depreciation: functional A bad floor plan; a one bath house; a one car garage is what type of depreciation: functional A closure of the road near your home is what type of depreciation: external Depreciation is defined as a decline in value for any reason Is a notorious crime in the community a required disclosure under our license law: Ans. No. A required disclosure or material fact is one that must effect the physical structure. What is the difference between insurance coverage for basic insurance and premium insurance: Premium insurance covers broken water pipes and flying objects that do damage. Who sells flood insurance: Ans: the Federal Govt through cooperating insurance vendors Who make VA loans: The Federal Govt through cooperating lenders What type of lender typically is said to make large loans either 'at a distance' or 'outside its market area': Ans: Insurance companies In order to qualify for the personal residence capital gain exemption, what rules must be followed: Ans live in the house 24 months of the last sixty months. Watch for more to follow 2 The best to you. The Staff at REMI School Volume 2 Thank you for choosing REMI School of Real Estate. This email is one of a series of emails we use as a forum to answer either frequently asked questions or questions of interest asked by our students. If you have a question, you are invited to write [email protected]. Here are some questions of interest and professional points to ponder. Which of the three secondary lenders, Ginnie Mae, Freddie Mac and Fannie Mae is operated by a Department of Government? Ans: Ginnie Mae What type of loan is described as interest only and having a balloon payment at its term: Ans Straight Loan What type of loan securitizes both personal and real property as collateral for the loan. Ans: Package Loan What type of loan securitizes more than one real property for the loan of funds? Ans: blanket loan What is the primary difference between a Purchase Money Mortgage and an Agreement of Sale? The PMM allows for transfer of title. Is Hawaii a Lien Theory State or a Title Theory State? Ans: Lien Theory In Hawaii within how many days must a mechanics lien be filed? Ans: Within 45 days from the completion of visible work Describe a mechanics lien: Ans: Involuntary, Specific and Equitable Describe a property tax lien: Ans: Involuntary, Specific and Statutory Describe an income tax lien: Ans: Involuntary, General and Equitable Describe a mortgage lien: Ans: Voluntary, Specific and Equitable How many days notice must a landlord or agent provide to the tenant in order for the landlord or agent to enter the leased space? Ans: 2 days 3 When must the grantee's funds be deposited into escrow? Ans: at lease one day prior to closing Asked another way, who is ultimately responsible for the closing statement? Ans: licensee Which of the following can not be used as the name of an agency? Ans: an unlicensed person or unlicensed entity Funds held in trust for another and given to a licensee must be deposited within how many days? Ans: the next business day Cancellation of any contract using Paragraph C-29 requires that the cancellation be delivered by what time: 11:59pm on the date of the expiration of the contingency Is tenancy by the entireties limited only to married couples? Ans: No, it can also be used by reciprocal beneficiaries Volume 3 As you know our school is quite active and our students regularly ask questions. We usually answer those questions directly with students and it turns out 99% are answered by email. And, from time to time students will call and questions are answered by phone or in person. I gather those questions and list them in an email such as this for your educational use. Here are some recently asked questions. Which of the following is a good example of reciprocal beneficiaries? Ans: brother and sister ( reciprocal beneficiaries are entitled to use tenancy in the entireties, as the law provides that any two people, who because the law will not permit them to marry, may be classified as reciprocal beneficiaries ) Will a Phase I report include a report of toxins on the site? Ans: No, Phase 1 is a superficial or cursory look at the property. Phase I is one of three phases of environmental reports used in compliance with CERCLA, the comprehensive environmental response and liability act. Phase 1 is only a look at who is on title and how the site is being used or has been used. If Phase 1 indicates more research into possible pollution or contamination is required, the Phase 2 report will be used to research the soil, take samples and determine levels of toxicity. If there is toxicity and the owner decides to clean up the site, then Phase 3 is the plan and the results. The Phase 1,2,3 reports are used in commercial property purchases. Lenders dont want to lend if the property ( collateral ) is polluted. This is because the law requires every owner in the chain of title becomes responsible for the costs of clean up. If the bank 4 lends the land turns out to be polluted then the current owner may have to pay out large sums of money for the clean up or the collateral may be assessed with a lien that would damage the bank's position. So prior to the loan a lender will require a Phase I review. Will a SMA Special Management Area affect decisions on shoreline development? Ans: yes, that is precisely what it was created for. Which of the following is not a State land use classification? Urban, Rural, Preservation, Development, Conservation or Agriculture? Ans: Neither Preservation or Development are State Classifications. Only the four: Urban, Rural, Conservation and Ag or State Classifications What is the property order of Division, Zone, Section, Plat, Parcel and if applicable Condo? Ans: that is the correct order If the contract reads there are ten days provided for completion of an inspection or review, the ten days are measured as calendar or working days? Ans: calendar days If the contract reads the contingency or term of the contract must be completed by a certain date, then what time of day of that date is the expiration of the contingency? Ans: 11:59pm of that day Hawaii Conveyance tax is a progressive tax escalating in steps with the sale price of the property.