#2710 Particular conditions may arise that require an environmental impact statement to be prepared because of the events demanding it. This requirement is known as CERCLA, the Comprehensive Environmental Response, Compensation and Liability Act. Is this true or false ? Take your time. The solution is posted below the wildlife photo.   A. False The requirement to prepare an environmental impact statement is regulated by NEPA, the National Environmental Protection Act and requires the preparation of an environmental impact statement whenever an action is taken by the federal government, and that action will be considered to have an important consequence or change on the environment. 05/19/2014

  #2708 When a conveyance tax is assessed it's always based on the fair market value of the home. Is this true or false ? Take your time. The solution will be posted below the royalty free wildlife photograph. A. False When a property is assessed a conveyance tax, levied by the authority of the state, it's always based on the selling price and takes place when title is transferred. 05/19/2014

                               #2707 When we speak about the police power of a local government we're usually referring to the government's power to create special taxes which will tax all property owners for the purposes of providing a secure police force and the addition of police protection. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. False Police power of the government allows the government to pass zoning laws and laws which are designed to protect the safety and well-being of it's citizens. 05/19/2014

       #2706 When areas of a property are demarcated because their use is deemed unfit with the local ordinaces this is know as creating a setback. Is this true or false ? Take your time. The solution is posted below the wildlife phpto. A. False When the property area is separated because it's usage is deemed unfit with zoning this process of separation is know as spearation by a "buffer zone". 05/19/2014

  #2705 A judgement lien will always take a priority over a property tax lien regardless of how much time has passed since the judgement lien was recorded. Is this true or false ? Take your time. The solution  is posted below the wildlife photo. A. False Property tax liens will always retain the first order of priority over all other liens. Property tax liens are specific liens (they attach to specific property) and they're involuntary (the lien is issued by the law and without the consent of the property owner). 05/19/2014

                                                       #2704 A type of document, which is recorded, which informs persons interested in buying a property that the property could possibly become liable to a judgement issued against it in a lawsuit. This document is known as a writ of attachment through satisfaction of habendum clause. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. False The type of document we're referring to is know as lis pendens. Lis pendens is latin for "in pending" which is constructive notice given to an interested party that the property may be affected by the outcome of a pending lawsuit. Habendum Clause is latin for "to have and to hold" which may be included after the granting clause in a deed and will describe the r... 05/19/2014

 #2703 A judge ruled in a pending lawsuit that a lien is to be placed on the defendant's home which will place a hold on the property as security if a judgement is ruled against the homeowner. The court's action is commonly referred to as a prescription for adverse judgement. Is this true or false ? Remember to take your time. The solution is posted below the royalty free wildlife photo. A. False The court's ruling is known as an attachment. An attachment is a lien imposed on the property which will remain in effect while the final result of the lawsuit is being awaited. 05/18/2014

                                                     #2702 Andrew has actually constructed an easement over Tanya's property. If Andrew buys Tanya's property next month the easement will continue to exist. Is this true or false ? Take your time. The solution is posted below the wildlife photo.   A. False When Andrew buys Tanya's property, and the deal is closed and the deed delivered, a merger of the easements has occurred because one person has demonstrated the acquisition of both the servient tenament and the dominant tenanment. When the dominant and servient tenaments are acquired by one person, the merger of the tenaments will terminate the easement. 05/18/2014

                        #2701 If a balcony in an apartment structure hangs over a boundary line which was created to delineate the boundary line of the property this would be called an appurtenant easement. Is this true of false ? Take your time the solution is poisted below the wildlife photo. A. False If the balcony hangs over the boundary line the balcony is an encroachment to the other property. An appurtenant easement is an easement that is allowed to cross a parcel of land known as the servient tenament.  This creates a benefit for the other parcel of land and is called the dominant tenanment. 05/18/2014

Here's a classic from Foreigner and Lou Gramm. I had breakfast with Lou a few years ago while he was visiting. His voice was never better than it is in this great song. Lou's singing about the way I feel about ActiveRain, and the girl in my life. For your Morning Matinee, Enjoy ! -DS- 05/14/2014

Here's your real estate fraud report for May 14, 2014. Hundred's of recent real state fraud cases and press releases from the FBI, Department of Justice and other sources for your review Before you even think about committing a real estate crime click the red button. real estate fraud: Mortgage Fraud Blog for May 14, 2014 - 05/14/14 06:59 AM   Here's the latest from my friend, and great attorney, Rachel Dollar. Mortgage Fraud Blog sends update emails once per week. The Mortgage Fraud Blog website is updated every business day and you can always get the latest news by visiting www.mortgagefraudblog.com. Copyright 2004-2014 Rachel M. Dollar … (0 comments) real estate fraud: Three Sent to Prison in Bakersfield and Fresno Mortgage Fraud Schemes - 05/13/14 02:17 PM Three Defendants Sentenced... 05/14/2014

Here's One That'll Knock You Out of Your Chair ! Buddy Johnson's " Shufflin' and Rollin' " Today's Midday Matinee ! Enjoy ! -DS- 05/13/2014

Before you even think about committing a real estate crime click the red button. real estate fraud: Mortgage Fraud Blog Report for May 9, 2014 - 05/09/14 02:13 PM Mortgage Fraud Blog sends update emails once per week. The Mortgage Fraud Blog website is updated every business day and you can always get the latest news by visiting www.mortgagefraudblog.com. Here's the latest from Rachel Dollar. Copyright 2004-2014 Rachel M. Dollar … (6 comments) real estate fraud: Stamford Man Admits Role in Mortgage Fraud Scheme - 05/09/14 01:53 PM Stamford Man Admits Role in Mortgage Fraud Scheme The United States Attorney for the District of Connecticut announced that Taimur Aurora, 40, of Stamford, waived his right to indictment and pleaded guilty today before Chief U.S. District Judge Janet C. Hall ... 05/12/2014

#2700 When we talk about real estate property tax liens we're talking about tax liens that are general, voluntary liens that affect property. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. False Property tax liens on real estate are involuntary and specific. If it's involuntary, the interest in the property is created by law as opposed to voluntary which gives an interest in the property to a creditor voluntarily and by will. If the lien were a general lien it would attach to all of the debtor's property. Since it's only real estate we're concerned with, it makes the lien specific, or a lien which will only be enforced against a particular property. 05/11/2014

   #2699 When a subdivision creates private restrictions in the declaration of Covenants, Conditions and Restrictions, or CC&R's, the restrictions are originally created when the subdivision was planned and are enforced by the developer. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. True The CC&R's are established by the developer and the owners of the lots in the subdivision have an obligation to supoort them. 05/11/2014

    #2698 If there is a cloud on a title, and it seems that it can't be cleared, a judicial proceeding takes place that decides ownership with a suit for the partition of the property in question. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. False When a title can't be cleared, a suit to quiet title action is undertaken and allows the court to establish the interests of all parties regarding a parcel of real estate. 05/11/2014

#2697 One of the main reasons why the grantee should see to it that the deed is recorded properly is to demonstrate that the deed was conveyed and accepted. Is this statement true or false ? Take your time. The solution is posted below the wildlife photo. A. False The most important reason for recording the deed is to give constructive notice of the grantee's interest in the property. Constructive notice is when a person should know of something through discovery by reasonable diligence which includes searching public records. Constructive notice is an edict of law which applies whether or not the individual actually knew of the recording of the deed. 05/11/2014

#2696 If a will is written but there is no witness to the composition of the will this type of will is commonly referred to as a formally executed will. Is the description of this type of will considered to be a true or false description ? Take your time. The solution is posted below the wildlife photo. A. False A will which is handwritten and not witnessed is called a holographic will. Some states actually recognize this type of will even though it's unwittnessed. The will has to be dated and signed by the testator but it doesn't have to be witnessed. 05/11/2014

      #2695 If there just happens to be an unfortunate cloud on the title the cloud may be cleared by underwriting a title insurance policy. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. Very false Whenever there is a cloud on a title the usual way to clear the cloud on the title is to use a quitclaim deed which will convey any interest in a property that the grantor may have. 05/11/2014

#2694 When a conveyance is undertaken, in order for the conveyance to take place the deed must be valid and must be recorded before the conveyance may occur. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. False The deed must be valid, but it must also be delivered from one party to another and accepted by the party it's being delivered to. The deed does not have to be recorded prior to conveyance. 05/11/2014