WITH ANSWERS RATED A+
✔✔Actual Cash Value vs. Replacement Cost - ✔✔Replacement cost policy is better.
Example: old refrigerator actual cash $50 vs replacement $1700
✔✔Arrearages - ✔✔The total amount of past due payments owed to a lender from a
borrower in mortgage payment or to a landlord from a tenant in rental payments also
called arreas.
✔✔Notice to Tenant - ✔✔When: Start of the eviction process
Who: The landlord or someone appointed by the landlord, delivers a written or oral
notice that includes:
-Reason the landlord wants the tenant evicted
-Steps tenants can take to avoid eviction
-number of days in which the tenant must pay rent/begin abiding by the lease to avoid
eviction or voluntary move out.
Also called Late Letter, Notice to Vacate Letter, Notice to Quit, Eviction Notice Letter,
Notice of Termination, Rental Eviction Notice or Notice to Vacate.
Timeline:
-Pay rent or quit notice: 3-5 days
-Cure or quit notice: Immediately to 30 days
-Unconditional quit notice: Immediately to 30 days
In some cases they are not given the option to resolve the issue.
✔✔Notice of Petition - ✔✔When: After the Period Allowed in the Notice to Tenant
Who: A landlord can file an unlawful detainer complaint if the tenant has not paid rent or
cured the lease violation by the end of the period outlined in the notice to the tenant.
This prompts the court to serve the tenant a notice of petition.
When: Once the landlord files an Unlawful Detainer the court serves the tenant notice of
petition which includes:
-The reason the landlord wants the tenant evicted.
-A request for an "answer"
-Either written or oral response to the Clerk of the Housing Court. Saying that already
paid in full or partial of the rent. Or that the landlord has neglected repair with proof.
-If no answer then the tenant automatically looses the case
-A due date for an answer (typically 5 days after being served the notice)
-A request for the tenants presence in court
-A court date
,-The consequences for not appearing in court.
✔✔Unlawful Detainer - ✔✔The act of retaining possession of property without legal
right. The term ordinarily refers to the conduct of a tenant who is in possession of an
apartment or leased property and refuses to leave the premises upon expiration or
termination.
✔✔Court Hearing - ✔✔When: 5-12 days after the Notice of Petition is served.
The court hearings include a resolution component
-First part, landlord and tenant discuss possible agreements
And a trial component
-If don't reach an agreement then the judge issues a final judgement
Filing fees for the eviction court process are charged to the tenant and added to the
judgement, potentially increasing it from 1k to 6k with additional filing costs.
✔✔Final Judgement - ✔✔When: With 5 days of Court Hearing
The tenant must pay the judgement or cure the violation of the lease if the judge
decides the client is at fault. Tenant may also close to appeal during this period.
✔✔Eviction - ✔✔When: Final Judgement made, 72 hr warning issued
If the tenant does not respond to the final judgement during the appeal period, the
landlord can file to issue a writ of possession authorizing the removal of a tenant and
their belongings from the rental unit. A copy of the writ of possession which includes the
date and time after which the eviction can take place, must be delivered to the tenant at
least 72 hrs before the eviction. After the 72 hr period the landlord has 2 options.
1. Lock Change Eviction: The landlord changes the lock on the unit but allows the
tenant 24 hrs of access to the unit to remove their possessions. Any possessions
remaining after that period become the landlords property.
2. Forcible Eviction: A law enforcement officer executes the eviction, forcibly removing
the tenant and their belongings if necessary.
✔✔Writ of Possession - ✔✔A court order that serves as an eviction from a property.
The writ outlines the specific time a person has to vacate the property before
authorizing an official to forcibly remove a person and their belongings from a property.
✔✔Manufactured Home Land-Lease Eviction Process - ✔✔Manufactured Home owners
who own the home and land as real property = Foreclosure
Manufactured Home rented home and lot = Eviction same as if renting an apartment
, Manufactured Home owner but rents the lot = Might have to remove the home from the
lot and or they would charge storage fees, or move it outside the property lines and
charge the tenant.
✔✔Lienholder Rights and Responsabilities - ✔✔As a lienholder on the manufactured
home, the lender has a right to the home as collateral. Depending on the loan terms the
homeowner may need permission from the lender to relocate the home upon eviction.
✔✔Relocating a Manufactured Home Upon Eviction - ✔✔-Condition of the home
-Cost to move the home (5k-20k detaching, utilities, transportation, reattaching and
insurance)
-Finding a new site (make sure up to date with proper building codes and zoning
requirements)
-Hiring qualified movers (licensed to move in any state passing through and if a police
escort is needed)
✔✔FICO Score - ✔✔-300-850
-35% Account History
-30% Utilization Rate
-15% Account Age
-10% Credit Inquiries
-10% Credit Mix
✔✔FICO - ✔✔Fair Isaac Corporation
✔✔FCRA - ✔✔Fair Credit Reporting Act
-Accuracy fairness of info contained in the files
-We can know what is in the report
-Access limit-violators pay damages
-Allows disputing inaccuracies
✔✔FACTA - ✔✔Fair and Accurate Credit Transactions Act
-Free credit report yearly
-Fraud alert
-Identify theft protection
-Credit card numbers must be truncated (not fully visible)
✔✔FCBA - ✔✔Fair Credit Billing Act
-Law enacted in 1974 as an amendment to the Truth in Lending Act
-Can dispute billing errors
-Within 60 days