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Memphis, TN Real Estate News

By David Saks, Broker / Industry Analyst
                                  #2393 When a warranty deed is given to the purchaser of a parcel of real estate the warranty deed specifically warrants that the price paid for the property was within 5% of the actual market value of the property. Is this true or false ? Take your time on this real tough question :-) The solution, as usual, is posted below the royalty free wildlife photograph. A. False A warranty deed warrants that the grantor has the right to convey the deed and also owns the property.
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By David Saks, Broker / Industry Analyst
#2392 If te government decides to transfer the title of property to a private party this is carried out by means of an instrument commonly known as a quitclaim deed. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. False When a private party receives title to property from the government the govermnment will issue a patent to that party. Generally speaking, a patent is an instrument which is used to convey a parcel of government land to a private party. Just like granting an inventor the sole rights to an invention, the government is granting an individual the sole rights to a piece of land formerly owned by the government.
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By David Saks, Broker / Industry Analyst
#2391 When real estate is transferred from one party to another the process is commonly referred to as the avulsion of quitclaim. Is this statement true or false ? Please take your time. The solution is posted below the wildlife photograph. A. False When real estate is transferred from one party to the next we commonly refer to this prcocess as alienation. Avulsion is the proccess of a body of water stripping away land and isn't connected to the process of quitclaim. A quitclaim is a deed that will convey any interest that a grantor has in a property, at the time of the transfer of the deed, without any warranties. I suppose, for the sake of a laugh, an avulsion of quitclaim might represent the gradual tearing away of the quitclaim from the grantee by a divorce lawyer :-)
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By David Saks, Broker / Industry Analyst
Nobuyuki Tsujii Was Born Blind. Van Cliburn Called Him "An Act of God" Nobu Performs Kapustin's Concert Etudes for Piano Opus 40-2 He plays by ear.   Believe in yourself. And the power to do good That lives within you.    -David-    
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By Ally Pierce, Buy Sell Give
(Buy Sell Give Worldwide )
Real Estate Professional Allison Pierce with Keller Williams Realty Announces her participation into the Collierville Leadership program    Allison Pierce will be participating in the Leadership Collierville program for the 2013-2014 year. Pierce constantly remains involved in the community and is constantly looking for activities and education to improve her personal and professional skills to serve home buyers and home sellers in the Collierville area.    Leadership Collierville is a program that allows selected participants to be well informed of issues that impact the Town of Collierville and close interaction with key government officials, as well as,  leaders from non-profits and businesses that provide huge value to the community.    "I am so pleased that I am able to participate...
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    Everyone's asking: "What will the government shutdown do to our nation's homeowners, and what damage has it already done ?" Will everything continue to run smoothly ? Not really ! Perhaps to a degree for Fannie and Freddie purchasers since the GSE's (government-sponsored enterprises) are owned by shareholders and privately run. Homeowners are jittery, though. There's a lot of uncertainty and fear. Interest rates are rising, too. Rapidly.   Now some bad news. HUD (the US Department of Housing and Urban Development) runs the FHA (Federal Housing Administration). Almost all of the HUD employess were laid off. 90% of them. What does this mean. Well, it's not good. HUD applications can't be processed quickly. Some won't even be reviewed until the shutdown ends. And then, it'll take much ...
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By David Saks, Broker / Industry Analyst
  Please give My 5000th Blog Post 3 Minutes and 16 Seconds  And watch the Video "American Dreams" Below   Just 3:16 Of Your Time   -David- .
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    A 42 year-old Memphis husband and father, John Shelley, was shot and killed while renovating a home. The police are looking for answers as to why he was killed Friday. John Shelley was believed to have been killed in an attempted robbery by two gunmen.     John Shelley (J.P. Shelley) was renovating a vacant home when two men in a green car approached him at gunpoint and fired.   The two suspects fled leaving Mr. Shelley mortally wounded.     He died after being rushed to the Regional Medical Center at Memphis.   Beverly Shelley, his wife, said that he missed his son’s 7th birthday party on Friday because he was killed by gunmen. October 7, 2013 - Beverly Shelley breaks down at her husbands side at Memphis Funeral Home. John Shelley, the husband and father of two young children, was ...
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  When you click the little red button below you'll find out that  the real estate agents that are in jail, and agents being prosecuted, aren't in the hoosegow because they were plagiarizing blog content !   They got there because they're nasty swindlers that rip off buyers, sellers, investors, lenders and others !   They wreck banks, credit unions, and families lives.   Worst of all, some were ActiveRain members.   You'll probably recognize someone if you've been an ActiveRain member or in the real estate business for a while.   Click this little red button to begin the sordid journey.   If you suspect that your real estate agent, mortgage broker, appraiser or anyone in the real estate business is committing real estate fraud contact the Federal Bureau of Investigation FBI.Gov  
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By David Saks, Broker / Industry Analyst
#2390 An owner of a parcel of real estate allows a trespasser to continue trespassing on the land and takes no action against the trespasser throughout a statutory period. The trespasser can inevitably gain the legal right to continue trespassing or using the property under the right of what is called an easement by necessity. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. False The right is called an easement by prescription. An easement by necessity allows the total enjoyment of the land under law. An easement by prescription is acquired through the hostile, open and continuous use of property over a period of time specified by law.
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By David Saks, Broker / Industry Analyst
#2389 When we talk about a license a license is always considered to be an example of a restriction which is invariably combined with an encroachment. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. Extremely false. A license is always considered to be the temporary right to the use of land. The license may be revocable permission and is also considered a right which may not be sold or transferred.
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By David Saks, Broker / Industry Analyst
#2388 When the government decides to take over the ownership of a piece of real estate for public use this right of the government to take the real estate is known as the monopoly of real property under police authority. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. Real false. The right of the government to take real estate is known as eminent domain.
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By David Saks, Broker / Industry Analyst
  #2387 Most states have a law which says that a comparative market analysis, a CMA, must be performed for every listing taken by a brokerage, and that the CMA must be compared to and presented with the appraisal for the lender. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. You know it's false. A comparative market analysis is performed to help the seller price the property based on the current market trends surrounding the subject properties location.
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By David Saks, Broker / Industry Analyst
                                                          #2386 Under a listing contract a broker commits himself or herself to an obligation to work for both the seller and the buyer and render faithful service to both parties. Is this true or false ? Take your time. The solution is posted below the royalty free wildlife photo. A. False. A listing contract is an employment contract for the services to be provided by a broker. Working for both the seller and buyer is dual agency.
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By David Saks, Broker / Industry Analyst
                                                              #2385 When a final decision is to be reached regarding the matter of the price to be listed for the house that decision always depends upon the appraised value of the house, the decision of the attorney and the broker. Is this true or false ? Take your time. The solution is posted below the wildlife photo.   A. If you said anything other than false you need to go back to real estate school. The last word on the price of the property is always the decision of the seller.
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By David Saks, Broker / Industry Analyst
                                                             #2384 Under an open listing and an exclusive agency listing agreement the seller can avoid having to pay the broker a commission if the seller sells to property to a buyer not presented to the seller by the broker. Is this true or false ? Take your time. The solution is posted below the wildlife photo.   A. True The open listing and the exclusive-agency listing agreement allow the seller to retain the right to sell the property without having to pay a commission to the broker if the seller sells the property to someone other than an interested buyer presented to the seller by the broker.
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By David Saks, Broker / Industry Analyst
                                                          #2383 A listing agreement stated that it will expire on June 18th, 2009. If the owner dies on June 15th the owner's death will effectively terminate the listing agreement. Is this true or false ? Take your time. The solution is posted below the wildlife photo. A. True If the owner dies the owner obviously can't fulfill the terms of the listing agreement. There are a number of ways to terminate a listing agreement. Here are a few : 1. If the agreement expires. 2. If title is transferred due to the laws of bankruptcy. 3. If the seller and the broker agree mutually to terminate the listing. Can you think of other reasons ?    
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