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What is a lien in real estate?

Liens1

Part of preparing for the real estate exam involves studying as much vocabulary as possible. One vocabulary word that is worth reviewing is the word “lien”. The purpose of this article is to go over Read more...

Part of preparing for the real estate exam involves studying as much vocabulary as possible. One vocabulary word that is worth reviewing is the word “lien”. The purpose of this article is to go over a few different examples of liens that are commonly tested on the real estate exam. You might have already read my article on encumbrances - if not that link is worth reading once you are done with this more specific article. While reading this, bear in mind that liens are quite common and don’t always need to be viewed as scary or fatal to the title to real estate. Simply put, a lien is a claim or legal right that a creditor has against a property to secure payment of an obligation or other debt by the property. If the debt is not paid, the creditor may have the right to sell the property through foreclosure. Some liens can affect all property of a debtor. These are called “general” liens and are so called because they affect everything that a debtor might own. Examples of general liens might include judgements and income tax liens. Other liens are known as “specific” and only affect one particular property. As an example, a mortgage lien is a specific lien because the lien only pertains to the property on which the loan is placed. Imagine you have two houses, one in Los Angeles and another in San Diego. If you refinance your house in San Diego and put a mortgage on it the lien only relates to the San Diego home and not the house in Los Angeles - hence mortgage liens are “specific”. There are several other types of liens that can be placed on real estate and I’ve outlined some of the most common below. These are worth memorizing and understanding so you have context for the state exam. You might remember a lot of this from real estate school but this article is worth it as a refresher. Property Tax Liens: As the name suggests, property tax liens are filed by the government to secure payment of delinquent property taxes. If the taxes are not paid, the government may have the right to foreclose on the property. The lien is typically recorded in the county where the property is located and becomes a part of the public record. If a property tax lien is filed against a property, it may impact the ability of the owner to sell or refinance the property until the taxes are paid or the lien is removed. Again, in some states, the government may have the right to sell the property at a tax sale if the taxes remain unpaid for a specified period of time. Income tax liens: Like property tax liens, income tax liens can have a significant impact on real estate. An income tax lien is a claim made by the government to secure payment of delinquent income taxes owed by an individual or a business. If an individual or a business fails to pay their income taxes, the government may place a lien on real property to secure payment of the taxes owed. The income tax lien is recorded at the county in which the property is located and becomes part of the public record. The lien provides the government with a legal claim to the property and gives them the right to foreclose on the property if the taxes remain unpaid. The specific requirements for filing an income tax lien vary by state, so it is important for property owners to be aware of the laws in their jurisdiction. Mechanics Liens: No - this lien doesn’t have anything to do with leaving your car too long at the mechanic. A mechanics lien is a claim by a contractor, subcontractor, or supplier to secure payment for work performed or materials supplied for the improvement of real property. A mechanics lien provides a legal claim to the payment for work performed or materials supplied on a property and allows the contractor, subcontractor, or supplier to potentially foreclose on the property if the debt is not paid. The mechanics lien is typically filed with the local government and recorded in the county where the property is located. In order for a mechanics lien to be valid, certain requirements must be met, such as proper notice to the property owner, the use of proper forms, and timely filing of the lien. If a mechanics lien is filed against a property, it may impact the ability of the property owner to sell or refinance the property until the debt is paid or the lien is removed. It is important for property owners to monitor any liens that may be filed against their property and to take steps to resolve any liens in a timely manner. Judgment Liens: A judgment lien is a claim by a creditor to secure payment of a debt that has been awarded in a court of law. This type of lien can be filed against a property if the debtor loses a lawsuit and is ordered to pay. The judgment lien is typically filed with the local government and recorded in the county where the property is located. Homeowner Association Liens: A homeowner association (HOA) lien is a claim by a homeowner association to secure payment of delinquent HOA fees or assessments owed to the association. If the fees or assessments are not paid, the homeowner association may have the right to foreclose on the property. This type of lien is filed by a homeowner association to collect unpaid fees for common area maintenance, landscaping, security, and other services provided to homeowners in the association. It is important for real estate owners to understand the liens that may be placed and to take steps to prevent or resolve any liens that may be filed against their property. This may involve paying any delinquent debts or taxes, negotiating with creditors, or consulting with a real estate attorney. In conclusion, liens are a way for creditors to secure payment of a debt or obligation related to a property. Liens can have a significant impact on the ownership and value of a property and it is important for real estate owners to understand the liens that may be placed on their property and to take steps to prevent or resolve any liens that may be filed against their property. As always - if you are interested in taking real estate classes with our school reach out at www.adhischools.com Love, Kartik

Benefits of instructor-led real estate classes

Benefits using study group

As you prepare for your real estate exam you’ll no doubt take at least one of our crash courses. These lectures and online tools can be done in the comfort of your own home and are based on individual Read more...

As you prepare for your real estate exam you’ll no doubt take at least one of our crash courses. These lectures and online tools can be done in the comfort of your own home and are based on individual self-study. But what if you aren’t quite ready for a real estate crash course yet? What if you still need to complete Real Estate Principles, Real Estate Practice and the elective course in real estate school? While we offer an amazing self-study program to help you finish the required courses there are some students who don’t do well left to their own devices. Does this sound like you? What if you wanted a professional instructor who walked you through the course material, but didn’t need to drive to a physical location? A plus with gas prices being $7 a gallon. To bridge the gap between total self-study and a physical real estate school we offer an amazing Zoom-based option. I made a list of seven benefits of this program to prepare and qualify for the California real estate exam. 1. Eliminate procrastination By coming to our scheduled Zoom calls, you’ll be less inclined to put off studying the material to qualify for the exam. When working independently, it’s easy to procrastinate, but when you make a commitment to meet with our study group you’ll be more motivated to press on and prepare so you’re ready to cover the material with other group members. 2. You’ll Probably Learn Faster Members of study groups like those on our Zoom calls tend to learn faster than individuals who work independently. With any type of learning, it’s common to get stuck on a concept and have difficulty getting over the proverbial learning hump. With fellow students and an instructor to talk out concepts with, it can clarify some of the drier material. 3. Fill in Gaps in Notes While you might prepare for class by watching some of the videos on our YouTube channel questions might arise as you watch the videos or read the textbooks. Bring you questions to class and the instructor will answer them and encourage you to deep-dive into the course material. You can read the book on your own first, knowing that if you do have a question you’ll be able to ask it to the instructor and bounce ideas off other students in the process. As a result, fewer gaps exist, when it’s time to take the real estate exam you’ll be better prepared. 4. Sharpen Your Study Skills Everyone has their own techniques they use to study. However, working with a diverse group of other hopeful real estate agents empowers you to sharpen your own study skills. You’ll be able to learn from the strengths of others and maybe even share your own with them. 5. Break Up Monotony of Studying Alone Studying alone is very monotonous and it could lead to feelings of isolation, frustration, and loneliness. On the other hand, working with a group pursuing the same goals not only adds socialization, it gives you something to look forward to nearly daily. Check out our schedule of Zoom classes here! <hyperlink to https://www.adhischools.com/schedule > 6. Hone Your People Skills Working as a real estate agent means you’ll need to hone your people skills if you don’t already possess them. Success in our industry is based on your ability to work with other people. In study groups, you’ll encounter a variety of personalities and this will strengthen your ability to communicate with different people - a must in real estate! 7. Get a Jump on Networking In a sense, a study group can be your first step into developing your professional network. In any industry, it’s not what you know, but who you know. Often, those on our Zoom calls have built a sense of camaraderie – the perfect seed to grow a professional network. Remember, not only can you connect with members of your group, but they can introduce you and vice versa to other people. Knowing you have friends in real estate upon passing your exam is a great feeling - It’s never too soon to build a professional network! In order to pass California’s licensing exam you’ll need to gain a full understanding of the topics and concepts used in everyday real estate business. Joining our Zoom calls can put you on a solid path. If you are interested in getting a free guest pass to check out one of our Zoom study sessions, click here and pick a day and time that works for you. I look forward to seeing you on an upcoming real estate Zoom call! Love, Kartik

5 Things that can make it harder to pass your real estate exam

Studying 5 things

Imagine you have completed all the required classes at our real estate school <Hyperlink to https://www.adhischools.com > and now you are in the process of studying for your real estate exam. You’re Read more...

Imagine you have completed all the required classes at our real estate school <Hyperlink to https://www.adhischools.com > and now you are in the process of studying for your real estate exam. You’re probably taking our real estate crash course <Hyperlink to https://www.crashcourseonline.com > and are focused on prepping for the test. You can probably tell from our hundreds of 5 star reviews <Hyperlink to https://www.yelp.com/biz/adhi-schools-newport-beach > that we know a thing or two about getting students to pass their real estate exam <Hyperlink to https://www.adhischools.com/real-estate-exam-app >. Still,I wanted to write a quick blog outlining a few things that can actually make it harder to pass your test so you know what not to do. I’ve read some other articles from folks that incorrectly say that the real estate test is purposely and unnecessarily difficult. This isn’t really the case. If you understand the concepts and study you should have no problem passing. I’ve read some other articles from folks that incorrectly say that the real estate test is purposely and unnecessarily difficult. This isn’t really the case. If you understand the concepts and study you should have no problem passing. Consider the below list as you do: Bad Prep Materials or a Bad Exam Prep Program Call me a little biased, but I think that our real estate crash course <Hyperlink to https:// www.crashcourseonline.com > is the best way to study for the real estate test out there. There are alternative products in the marketplace that aren’t California specific or that are written by people who have never even taken the real estate exam. Obviously, the purpose of real estate exam prep material is to increase comprehension of the subject matter.Understanding that most people are on their mobile devices the majority of the time, our team developed an app <hyperlink to https://www.https://www.adhischools.com/real-estate-exam-app > for Android and iOS devices that is second to none. If you don’t have this yet, get it! In the end, prep materials that do not play to your strengths decrease your chances of passing the real estate exam. 2. Too Much Study Time on What’s Not Important One of the common mistakes real estate examinees make is focusing on items not likely to be on the exam. What too often occurs is that folks can get bogged down in the minutia and lose focus on critical concepts and facts. Some call this not “seeing the forest through the trees.” I cringe when students send me articles about how to study for the “math portion” of the real estate test or 50 questions on the history of California. The truth is that there is very little actual arithmetic on the real estate test so spending 15 hours studying how to calculate capitalization rates isn’t going to do much good when there are other topics that appear far more frequently on the exam. The good news about our crash course system <hyperlink to https://www.crashcourseonline.com > is that questions are weighted in the same ratio that the actual real estate exam is. Our system is organized in a fashion that emphasizes primary concepts and focuses your study time in ways that actually matter. The point is that investing too much of your limited time in minutia might not be a good decision. 3. Procrastination Procrastinators of the World Unite! Tomorrow.” People from all walks of life come up with seemingly good reasons to put off studying. These rank among the common reasons people procrastinate. Feeling Overwhelmed Lack of Urgency Lack of Discipline Don’t Like to Study Can’t Choose a Starting Point Giving in to these and other inclinations puts potential real estate professionals behind the knowledge curve. The sooner you crack open the materials and begin learning at a deeper level, the better your chances of passing the test. I would recommend doing all the questions in the training mode of our real estate crash course <hyperlink to https://www.adhischools.com/real-estate-crash-course/california > at least twice before attempting a mock exam. Focusing on our training mode will expose you to all the questions in our system and eliminate any false confidence from a high score on a random mock exam. 4. Failing to Follow a Study Plan Possessing an actionable study guide and plan cures some of the reasons to procrastinate. Of course, potential real estate professionals will need to leverage a study plan in a timely and orderly fashion. Common missteps involve jumping around and prioritizing topics you feel comfortable studying. Such practices are more a lack of discipline than an attempt to gain high-level knowledge. It’s essential to use a study plan designed to build one concept on another. Like many other industries and disciplines, real estate knowledge tasks people with possessing a broad understanding of how things intersect. Rifling through study materials and jumping ahead typically results in fragmented ideas that don’t translate to sound professional skills. Remember to set aside plenty of time before the test to ensure that you don’t feel overwhelmed - This leads me to my final point. 5. Test Anxiety and Last Minute Cramming When I was in high school and college, I would love the adrenaline rush of studying for an exam at the absolute last minute and leaving with a good score. While exhilarating, it’s important to realize that the real estate exam should not be approached in this manner. There is far too much material to only study the night before. A study schedule at least two weeks before the test will help you stay focused and ensure you have ample time to review and understand the material. It’s totally normal to feel a little on edge before the exam starts. Issues such as self-doubt or fear of failure can derail efforts to pass the real estate exam. The good news is that test anxiety does not have to stop you from beginning a new career. TLDR: Learn to Study Effectively Establish a Study Routine Practice Relaxation Strategies Exercise, Eat Well, Hydrate, and Get Restful Sleep Reach out to our office at 888 768 5285 or shoot us a message if you’re having a hard time passing the test. Love Kartik

What is an encumbrance in real estate?

Encumbrance in real estate

Broadly speaking, an encumbrance is some “burden on the title” to a piece of property. If you’re reading this article, you probably already have been exposed to the term “encumbrances” in Read more...

Broadly speaking, an encumbrance is some “burden on the title” to a piece of property. If you’re reading this article, you probably already have been exposed to the term “encumbrances” in Real Estate Principles but I wanted to write a quick article about it as a refresher. I chuckle when I hear people say things like “I would never buy a home with an encumbrance!” because this is essentially an impossible request. All properties are going to be encumbered in some way whether either through zoning regulations, private restrictions like CC&Rs when buying a condo or even something as common as a mortgage. Encumbrances are of two basic types. Some involve money and others do not involve money. In the sale of California real estate, sellers are required to disclose encumbrances on a property and generally a title insurance company is a backstop to ensure that buyers are made aware of any encumbrances on a property prior to the purchase. An encumbrance may or may not affect the value of the property – it depends on the type of encumbrance. There are some encumbrances like a lis pendens (explained below) that may prevent the sale of the property altogether. Mortgages and Deeds of Trust Mortgages and trust deeds are among the most common types of encumbrances out there. Any time a buyer of real estate gets a loan on a property the lender will place a deed of trust or a mortgage against it. I know we are accustomed to calling any home loan a “mortgage” but in California the instrument is actually a deed of trust. These are very common encumbrances on a piece of real estate because most properties are not purchased cash. If you’re interested in learning more about the differences between a mortgage and a trust deed I recoded a YouTube video about it here. Deed Restrictions A private owner might restrict the use of his or her property in some way. These restrictions usually stay with the property upon transfer. For example, a member of a church may decide to donate some land to the church on the condition that it be used only for religious purposes. Prior to the enactment of civil rights legislation, there may have been race or other (now illegal) conditions prohibiting the sale to members of a specific ethnic minority group or religion. Such deed restrictions are neither valid nor enforceable Zoning Zoning is a public control on real estate. Every city and county in California is required to have a comprehensive, long-range plan for development within an area. This plan is known as the general plan. If you need a refresher on this, check out this link. Even though most people do not think of zoning as an encumbrance, it is in fact an encumbrance. For example, a property that is zoned residential generally cannot be used for a commercial business - making it encumbered in some way. Liens A property could have voluntary or involuntary liens. A voluntary lien is one that is freely agreed to by the property owner. Reading that, you might wonder why anyone would voluntarily place a lien on their property but these liens are actually very common in the form of mortgages and trust deeds which I outlined below. On the other hand, involuntary liens are those that get placed on a property by operation of law. Examples of involuntary liens include property tax liens, income tax liens, mechanic’s liens, and lis pendens. These liens are involuntary because the property owner does not need to specifically authorize the creation of the lien. The lien is created by law. From your real estate crash course you might remember that a mechanic's lien is one that a party can place on your property if you did not pay for labor, services, material or equipment used upon a property. Mechanics liens (like all liens) are another example of an encumbrance. Easements An easement is a type of encumbrance that gives others permission to use a portion of property - often for access. Imagine there are two houses, one in the front and one in the back. Let’s say the only way that the back house can get home is to cross over the front house. The right of way over the front house is known as an easement. Another example of an easement is an easement in gross which mostly involves utility companies. The water utility, for example, typically has the right to lay underground water pipe through a subdivision and the electricity company will typically have the right to string wires over a subdivision. Encroachment An encroachment is a physical invasion of another’s property. Examples of encroachments include walls being built extending onto a neighbor’s property line, structures being built across boundaries or even airspace encroachments where branches of trees extend into an adjacent parcel, for example. It may be challenging to sell a property that has an encroachment upon it. A solid understanding of encumbrances will help you not only pass your real estate examination, but also be in a better position to help your clients. If you need more help passing the real estate exam, call us at 888 768 5285 and we can help. Love, Kartik

What are easements in real estate?

If you are enrolled in our California real estate school , no doubt you would have seen the term “easement” pop up in your studies. Simply put, easements in real estate are the right of Read more...

If you are enrolled in our California real estate school , no doubt you would have seen the term “easement” pop up in your studies. Simply put, easements in real estate are the right of one party to travel over the land of another for access. What is an example of an easement? Consider the case where there are two properties adjacent to one another- a front house and a back house. Assume that the only way the owner of the back house can get to their property is by crossing over the front property. The right of the back house to travel over the front house is known as an easement. Who are the parties in an easement? Since the back house has the legal right to travel over the front house for access, the owner of the back house is known as the “dominant” tenement. Because the front house is burdened by the easement they are known as the “servient” tenement. While the simple example of a front house and a back house is the most common type of easement, there are others as well. For example, an electric company might have the right to string wires over a subdivision or a water utility might have the right to lay underground water pipe through an area. These are also types of easements, but they are known as easements in gross. So how do you know if you have an easement? Easements in real estate are almost always recorded with local authorities such as county or city clerks' offices. A title search would reveal easements that cross the property, and would appear in a preliminary title report obtained through a title insurance company. So how does an easement differ from a license? If you are taking our real estate crash course you have seen a discussion around the differences between an easement and a license. A license is a personal right to cross over the land of another held by an individual or entity. Licenses are not associated with the land itself, rather they correspond to an individual. An easement, on the other hand, is an appurtenant right. That is, easements are associated with the real property itself and run with the land. As such, easements are transferred to the new owner upon the sale of the property. Example of a license: I give Betty the right to travel over my land. I specify that this right is exclusive to Betty and it is able to be taken away from Betty. Analysis: This is a license because the right to traverse my property is exclusive to Betty and it not tied to the land. Finally, the right to travel over my land is able to be taken away from Betty hence it is a license not an easement. To reiterate, remember that an easement differs from a license based on the revocability of a license. In other words, an easement that is recorded in the county recorder’s office generally can’t be revoked by the servient tenement. A few ways that easements can be terminated, however, are: Release of the easement by quitclaim deed signed by the dominant tenement. Merger of both the dominant and servient tenements. Restruction of the servient tenement. Abandonment of a prescriptive easement for at least 5 years. But notice in an easement, the servient tenement cannot unilaterally terminate the easement like the grantor could do with a license. In summary, remember that an easement is the right to cross over another’s land for access. This simple definition should help you on the real estate exam . Love, Kartik

7 Study Tips for Passing Your Real Estate Exam

Student studying for her real estate license exam

Doing well on your real estate exam is the first step to getting your career going. If you are like some of our students, this can be a daunting thing especially if you’ve been out of school for a while. Read more...

Doing well on your real estate exam is the first step to getting your career going. If you are like some of our students, this can be a daunting thing especially if you’ve been out of school for a while. It doesn’t have to be. What’s important is that you understand the information necessary to pass the real estate exam. To help relieve some frustration and improve your chances of success, consider these study tips. 1. Review What’s on the Exam Take a few minutes to review what’s on the actual real estate exam. If you were a student of ours, this is outlined for you in your Principles book. Merely having a basic understanding of what’s on the exam can calm a lot of fears for students. The state publishes a percentage breakdown of topics that are tested and our real estate exam preparation website is tailored so the questions are in the same ratio that the government exam is. This way there are no surprises on test day. 2. Create Digital or Physical Notes for Key Concepts As you are reviewing your notes from your pre-license coursework, consider creating notecards or flashcards with key concepts. Write them in a question format with the answer on the back. There are flashcard apps you can use as well if you want to have access to studying on your phone. Also, it’s been proven that the act of physically writing things down can go a long way to help retain information. 3. Read Your Notes If you haven’t done so yet, read through all of the materials you’ve been assigned. Create notes on topics that relate to your real estate exam. It’s a good idea to create notes for topics you are unsure about or very specific elements such as vocabulary terms or other more broad real estate concepts. As you do, remember how important it is to retain this information. It’s not just about the exam, but it is applicable for day-to-day work as an agent. For example, if there’s a topic that is complex to you, look for a real-life example of how this would apply to your career or the work you do. That way, you’ll better understand what to expect. 4. Don’t Reach Out to Practicing Agents I would avoid having long drawn out conversations with other real estate agents. Most of the time, they will say things like “Don’t worry what’s on the real estate exam, you won’t use any of that stuff anyway.” The constant repetition of how academic and impractical the concepts tested are can actually discourage some of our students from properly preparing and studying. While it is true that the real estate exam contains a broad set of topics, all of which are not applicable to every deal, it’s still important to stay focused on the goal of actually passing the real estate exam. If you can’t help yourself, make sure you talk to agents that support you in making key decisions and learning how to navigate complex topics. These agents can give you insight into real-life applications of the material you’re learning. They can also put your mind at ease. 5. Take Several Practice Real Estate Exams It’s important to have state-specific real estate license practice exams available to you. You can find them on our website. Luckily for you, our system is modern and up to date to ensure they include the most recent updates to the real estate test itself. Focusing on our real estate practice exams can point out areas where you need to focus a bit more on your studies. Refrain from taking them one after another. Instead, use them as you study to see areas you should focus on going forward. 6. Understand How To Take Tests While the material you need to pass the real estate license exam is critically important to know, it’s also helpful to have some test-taking skills, especially if you haven’t dealt with high-pressure tests recently. Consider these strategies: Read every word slowly in every question. Sometimes, you’ll miss words such as “if” or “all” – and that can change the answer. Don’t rush through the test. Take your time to read the data and analyze it from a strategic view. Breathe through your test. If you find yourself overwhelmed or under too much pressure, that’s when you know you need to close your eyes, breathe in deeply, and calm your heart rate. Make sure you sleep well in the week leading up to your exam. Don’t binge the night before as that can limit your cognitive capacity later on. Arrive on time for your test. Get a good idea of the layout of the area. You want to feel comfortable. If you don’t know the answer to a question right away, skip it. You can go back to it later. Don’t put too much time into a single question. Don’t rush through the exam. Make sure you take your time and focus. If you’re really struggling with test-taking itself, do a few practice exams in a formal environment, such as in a library or office space. This can help give you some peace of mind. 7. Stay Positive and Upbeat Passing your real estate exam is a step towards starting a new career. It is a lot of work – and that can seem like a big mountain to climb. However, focus on the big picture. This is a career that you are going to love. The more hands-on experience you have, the better your outcome will be. Practicing for your real estate exam can be a very eye-opening experience. This is what you’ll soon be an expert in, helping others to achieve their goals of property ownership. Love, Kartik