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A B C
D E F
G H I J
K L M
N O P Q
R S T
U V W X
Y Z
A
Abandonment
The voluntary relinquishment of rights of ownership or other interest
(such as an easement) by failure to use the property, coupled with an
intent to abandon (give up the interest).
Abatement
A reduction or decrease. Usually applies to a decrease of assessed
valuation of ad valorem taxes after the assessment and levy.
Abstract
A summary, an abridgement. Before the use of photostatic copying,
public records were kept by abstracts of recorded documents.
Abstracter's Certificate
A certificate contained in an abstract which shows the time period and
scope of the search of public records done by the abstracter.
Abstract Of Judgment
A summary of the essential provisions of a court judgment, which when
recorded in the county recorder's office, creates a lien upon the
property of the defendant in that county, both presently owned or
after acquired.
Abstract Of Title
A compilation of the recorded documents relating to a parcel of land,
from which an attorney may give an opinion as to the condition of
title. Still in use in some states, but giving way to the use of title
insurance.
Acceleration Clause
Clause used in an installment note and mortgage (or deed of trust),
which gives the lender the right to demand payment in full upon the
happening of a certain event, such as failure to pay an installment by
a certain date, change of ownership without the lender's consent,
destruction of the property, or other event which endangers the
security of the loan.
Accessibility
The location of a site in terms of how easily it may be reached by
customers. employees, carriers, and others necessary to the intended
use of the property.
Accord
An agreement by which one accepts something different (usually less)
from what is owed as full satisfaction The amount owed may be in
dispute or simply accepted as full satisfaction by the creditor or
claimant. The agreement and acceptance is called "Accord and
Satisfaction."
Accretion
The gradual addition to the shore or bank of a waterway. The land
generally becomes the property of the owner of the shore or bank,
except where statutes specify otherwise.
Accrued Depreciation
(1) The amount reserved each year in the accounting system for
replacement of a building or other asset. (2) The useful life of a
property at any given time.
Acknowledgement
A written declaration by a person executing an instrument, given
before an officer authorized to give an oath (usually a notary
public), stating that the execution is of his own volition.
Acquisition Costs
Costs of acquiring property other than purchase price: escrow fees,
title insurance, lenders fees, etc.
Act Of God
Damage caused by nature (floods, winds, etc.) rather than destruction
by man.
Adjustable Rate Mortgages (ARM's)
Mortgage loans under which the interest rate is periodically adjusted
to more closely coincide with current rates. The amounts and times of
adjustment are agreed to at the inception of the loan. Also called:
Adjustable Rate Loans, Adjustable Mortgage Loans (AML'S), Flexible
Rate Loans, Variable Rate Loans.
Ad Valorem
"According to value." A method of taxation using the value of the
object taxed to determine the amount of tax. Taxes can be either "Ad Valorem" or "Specific." Example: A tax of $5.00 per $1000.00 of value
per house is "Ad Valorem," A tax of $5.00 per house (irrespective of
value) is "Specific."
Advance Fee
A fee charged by a broker to a seller to cover all or a portion of the
broker's costs of promoting the property. The fee is generally
credited against commissions but is not refunded if no commissions are
received. Most frequently used in connection with large offerings
which require a substantial outlay of funds for promotion.
Agency
A relationship created when one person (the principal) delegates to
another (the agent) the right to act on his or her behalf in business
transactions.
American Land Title Association (ALTA)
A national association of title insurance companies, abstractors, and
agents. The association adopts standard title policy forms.
Amortization
Payment of a debt in equal installments of principal and interest,
rather than interest only payments.
Annual Percentage Rate (A.P.R.)
The Annual Percentage Rate is the cost of your credit as a yearly
rate. The A.P.R. considers the interest rate, points, and certain
other fees called finance charges associated with obtaining credit.
Appraisal
An opinion of value based upon a factual analysis. Legally, an
estimation of value by two disinterested persons of suitable
qualifications.
Appraisal Methods
Generally, three major methods of appraisal: Cost Approach, Income
Approach, Market Value (comparables) Approach.
Arrears
(1) Payment made after it is due is in arrears. (2) Interest is said
to be paid in arrears since it is paid to the date of payment rather
than in advance, as is rent. Example: A rental payment made July 1
pays the rent to August 1. An interest payment made July 1 pays the
interest to July 1.
Assumable
A mortgage loan which can be transferred to another person without a
change in the terms of the loan. VA and FHA loans are assumable, FHLMC
and FNMA are not.
Assumption of Note
Agreement by a buyer to assume the liability under an existing note
secured by a mortgage or deed of trust. The lender usually must
approve the new debtor in order to release the existing debtor
(usually the seller) from liability.
Avigation Easement
An easement over private property abutting an airport runway, which
limits the height of crops, trees, structures, etc., in the aircraft's
take off and landing path.
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B
Balloon Note
A note calling for periodic payments which are insufficient to fully
amortize the face amount of the note prior to maturity, so that a
principal sum known as a "balloon" is due at maturity.
Balloon Payment
The unpaid principal amount of a loan due on a specific date in the
future. Usually the amount that must be paid in a lump sum at the end
of the term.
Bankrupt
One who is adjudicated a bankrupt by a court having proper
jurisdiction. The bankruptcy may be voluntary (petitioned by the
bankrupt) or involuntary (petitioned by the creditors of the
bankrupt).
Bankruptcy
Proceedings under federal bankruptcy statutes to relieve a debtor
(bankrupt) from insurmountable debt. The bankrupt's property is
distributed by the court to the creditors as full satisfactions of the
debts, in accordance with certain priorities and exemptions. Voluntary
bankruptcy is petitioned by the debtor for, involuntary by the
creditors.
Beneficiary
The Person who is entitled to receive funds of property under the
terms and provisions of a will, trust, insurance policy or security
instrument. In connection with a mortgage loan the beneficiary is the
lender.
Bill Of Sale
An instrument by which title to personal property is transferred or
conveyed.
Biweekly
Also known as accelerated mortgages. Biweeklies reduce interest
expense and build home equity faster than monthly payments.
Bona Fide Purchaser
A purchaser in good faith. for valuable consideration, without notice
or knowledge of adverse claims of others. Sometimes abbreviated B.F.P.
Breach Of Warranty
In real property, the failure of the seller to pass title as either
expressed or implied (by law) in the conveyancing document.
Broker, Real Estate
One who is licensed by the state to carry on the business of dealing
in real estate. A broker may receive a commission for his or her part
in bringing together a buyer and seller, landlord and tenant, or
parties to an exchange.
Building And Loan Association
An organization for the purpose of accumulating a fund by subscription
and savings of its members, to assist them with loans for building or
purchasing real estate.
Buydown
A payment to the lender from the seller, buyer, third party, or some
combination of these, causing the lender to reduce the interest rate
during the early years of a loan. The buydown is usually for the first
1 to 5 years of the loan.
Buy-Sell Offer
An offer by one owner of a business or real estate to buy out the
interest of another owner of the same business or real estate (a
partner or other shareholder), or to sell the offeror's interest at
the same price or proportionate price if unequal ownership. Example: A
and B each own a 112 interest in Lot 1. A offers to buy B's interest
for $10,000 or to sell A's interest to B for $10,000. Theoretically
very fair, since B has the option to buy or sell. However, B's
interest may be worth $12,000, but B is financially unable to buy A's
interest (also worth $12,000).
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C
Call
In a metes and bounds description, the angle and distance of a given
line or arc. Each call is usually preceeded by the word then or
thence. Example: N 220 E 100' (lst. call), thence N 800 E 1W (2nd.
call).
Cancellation Clause
A clause in a lease or other contract, setting forth the conditions
under which each party may cancel or terminate the agreement. The
conditions may be as simple as giving notice or complex and require
payment by the party desiring to cancel.
Cap
The maximum which an adjustable rate mortgage may increase, regardless
of index changes.
Capital Assets
Assets of a permanent nature used to produce income, such as
machinery, buildings, equipment, land, etc. Must be distinguished from
inventory. A machine which makes pencils, for example, would be a
capital asset to a pencil manufacturer, but inventory to the company
whose business is to sell such machines.
Capital Gains
Gains realized from the sale of capital assets. Generally, the
difference between cost and selling price, less certain deductible
expenses. Used mainly for income tax purposes.
Carrying Charges
The costs involved in keeping a property which is intended to produce
income (either by sale or rent) but has not yet done so.
CC and Rs (Covenants, Conditions and Restrictions)
Limitations placed on the use and enjoyment of real property. These
are found most often in condominiums and planned unit developments.
Certificate Of Title
In areas where attorneys examine abstractor chains of title, a written
opinion, executed by the examining attorney, stating that title is
vested as stated in the abstract.
Chain of Title
A chronological list of recorded instruments tracing title to land,
from the original owner to the present owner.
Chains And Links
Measurements. In real estate measurements(surveying) a chain is 66'
long or 100 links, each link being 7.92". The measurement may change
when used in fields other than surveying.
Classified Property Tax
Property tax which varies in rate depending on the use (zoning
classification) of the property.
Clear Title
Title to property which is free from liens, defects or other
encumbrances.
Closing
(1) In real estate sales, the final procedure in which documents are
executed and/or recorded, and the sale (or loan) is completed. (2) A
selling term meaning the point at which the client or customer is
asked to agree to the sale or purchase and sign the contract. (3) The
final call in a metes and bounds legal description which "closes" the
boundaries of the property.
Closing Costs
Expenses, beyond the selling price, such as loan fees, title fees,
etc. Paid when documents are executed and/or recorded and the sale is
complete.
Closing Statement
A summary, in the form of a balance sheet, showing the amounts of
debits and credits to which each party to a real estate transaction is
entitled upon closing.
Cloud On Title
An invalid encumbrance on real property, which, if valid, would affect
the rights of the owner. For example: A sells Lot 1, tract 1, to B.
The deed is mistakenly drawn to read Lot 2 by the recording of the
erroneous deed. The cloud may be removed by quit claim deed, or, if
necessary, by court action.
Commercial Property
Property which is zoned "commercial" (for business use). Property such
as stores, restaurants, etc., falling between residential and
industrial.
Commingling
To mix funds held in trust with other funds. For example: A broker or
builder mixes deposits (should be in a trust account) with his funds
by putting the deposits in his general account. Although commingling
is in itself a violation for which a broker may lose his license, it
does not mean that, by commingling, the broker or builder intended to
misappropriate the funds.
Commission
Compensation due a real estate lender for acting on behalf of the
principal.
Community Property
Property acquired during a marriage by either a husband or wife, or
both, which is not separate property.
Comparables (Comps)
An abbreviation for comparable properties used for comparative
purposes in the appraisal process.
Conditional Sales Contract
A sale in which the title to property or goods remains with the seller
until the purchaser has fulfilled the terms of the contract, usually
payment in full.
Condominium
A structure of two or more units, the interior space of which are
individually owned: the balance of the property (both land and
building) is owned in common by the owners of the individual units.
The size of each unit is measured from the interior surfaces
(exclusive of paint or other finishes) of the exterior walls, floors,
and ceiling. The balance of the property is called the common area.
Conforming
A loan that meets the guidelines set forth by Fannie Mae and Freddie
Mac in maximum loan amount, credit standards, employment and income
standards, and acceptable collateral as well as product type and
definition.
Consideration
A required element in all contracts by which something of value,
including a promise, is exchanged for the act or promise of another.
Contingency
Action conditioned upon a certain event. Acceptance of the terms of a
contract based on something else happening or certain conditions being
met.
Conveyance
The transfer of title or an interest in real property by means of a
written instrument such as a deed of trust.
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D
Declaration Of Trust
A written acknowledgement by one holding legal title to property that
the property is held in trust for the benefit of another.
Deed
Actually, any one of many conveyancing or financing instruments, but
generally a conveyancing instrument, given to pass fee title to
property upon sale.
Deed Of Trust
An instrument used in many states in place of a mortgage. Property is
transferred to a trustee by the borrower (trustor) in favor of the
lender (beneficiary), and reconveyed upon payment in full.
Defeasible Title
Title which is not absolute but possibly may be annulled or voided at
a later date. For example: Title conveyed to A with condition that if
A marries before age 30, title will go to B. A's title may be good
(doesn't marry) or may be defeated (marries before 30).
Deficiency Judgment
Commonly the amount for which the borrower is personally liable on a
note and mortgage if the foreclosure sale does not bring enough to
cover the debt. Actually, the judgment is for the total amount and not
for the deficiency, the recovery from the foreclosure sale being
deducted from this amount.
Delivery
In conveyancing, the placing of the property in the actual or
constructive possession of the grantee. Usually accomplished by
delivery of a deed to the buyer, or by recording said deed.
Demand
The lender's statement of the amount due to pay off a loan.
Demand Note
A note having no date for repayment, but due on demand of the lender.
Deposit
(1) Money given by the buyer with an offer to purchase. Shows good
faith. Also called earnest money. (2) A natural accumulation of
resources (oil, gold, etc.) which may be commercially recovered and
marketed.
Depreciation
(1) Decrease in value to real property improvements caused by
deterioration or obsolescence. (2) A loss in value as an accounting
procedure to use as a deduction for income tax purposes.
Discount Points
The fee associated with the note rate for your loan. The more discount
points you pay, the lower the rate you can buy. The fewer you pay, the
higher your rate.
Disposition of Real Estate Statement
A statement that the buyer will occupy the property being purchased
even though the buyer owns other property. The buyer states that the
other property will be sold or rented. Particulars must be given as to
any loan on the property and the equity or rent to payment amounts.
Documentary Transfer Tax
The tax, based on sales price, less loans which are being assumed,
which is charged by the city and/or county on the transfer of real
property.
Dual Agency
The representation of opposing principals (buyer and seller) at the
same time. In brokerage many states get around this by saying that the
agent aids the buyer but is the agent of the seller only. A problem
arises if both buyer and seller pay the broker, then full disclosure
must be made. An escrow agent is the agent of buyer and seller and
usually paid by both. This is why an escrow agent must be neutral.
Due on-Sale-Clause
A clause in a mortgage loan which gives the lender the right to demand
payment in full when the property changes ownership. Not applicable to
FHA or VA loans.
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E
Easement
A right created by grant, reservation, agreement, prescription, or
necessary implication, which one has in the land of another. It is
either for the benefit of land (appurtenant), such as right to cross A
to get to B or "in gross," such as a public utility easement.
Easement of Necessity
An easement granted by a court when it is determined that said
easement is absolutely necessary for the use and enjoyment of the
land. Commonly given to landlocked parcels.
Egress
A term concerning a right to come and go across the land (public or
private) of another. Usually part of the term ingress and egress.
Encumbrance, Incumbrance
A claim, lien, charge, or liability attached to and binding real
property. Any right to, or interest in, land which may exist in one
other than the owner, but which will not prevent the transfer of fee
title.
Equitable Conversion
A legal fiction applied to a land contract which treats the vendee's
(buyer's) interest as a real property interest even though the seller
holds legal title, and the seller's interest as a security interest
(personal property). This enables the buyer to act as the "owner" of
the property without having "legal" title.
Equitable Mortgage
(1) A lien against real property (mortgage) which is enforceable in a
court of equity, but does not legally constitute a mortgage. (2) A
deed given as security for a debt will be held to be a mortgage rather
than a transfer of title. Also called a constructive mortgage.
Equity
The value of a person's interest in real property after all liens and
charges have been deducted.
Equity Line Of Credit
A combination of a line of credit and equity loan. A maximum loan
amount is established based on credit and equity. A mortgage (deed of
trust) is recorded against the potential borrower's property for said
maximum loan amount. The potential borrower has the right to borrow,
as needed, up to the amount of the mortgage.
Escalation Clause
A clause in a lease providing for an increased rental at a future
time. May be accomplished by several types of clauses, such as (1)
Fixed increase - A clause which calls for a definite, periodic rental
increase. (2) Cost of living - A clause which ties the rent to a
government cost of living index, with periodic adjustments as the
index changes. (3) Direct expense - The rent is adjusted according to
changes in the expenses of the property paid by the lessor, such as
tax increases, increased maintenance costs, etc.
Escrow
Delivery of a deed by a grantor to a third party for delivery to the
grantee upon the happening of a contingent event, modernly, in some
states, all instruments necessary to the sale (including funds) are
delivered to a third (neutral) party, with instructions as to their
use.
Excess Condemnation
Taking by right of eminent domain, more property than actually
necessary for the intended purpose. This happens frequently, the
excess property being sold at auction after completion of the project.
Exception
A provision in a title insurance binder or policy excludes liability
for a specified title defect or an outstanding encumbrance.
Exclusive Listing
A written contract between a property owner and a real estate broker,
whereby the owner promises to pay a fee or commission to the broker it
certain real property of the owner is sold during a stated period,
regardless of whether the broker is or is not the cause of the sale.
The broker promises to put forth his or her best efforts to sell the
property, and may make specific promises as to advertising or other
promotion in certain instances.
Exposure
(1) The degree to which a property for sale, lease, etc., is made
noticeable (exposed) to potential buyers, tenants, etc., through
advertising, multiple listing groups, etc. (2) The direction in which
a property faces. For example: Does a store depending on walk-in trade
face the sun in the morning when people walk in the sun to get warm
(eastern exposure), or face the sun in the afternoon when people walk
in the shade to keep cool (western exposure).
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F
Fair Market Value
An appraisal term for the price which a property would bring in a
competitive market given a willing seller and willing buyer, each of
whom has a reasonable knowledge of all pertinent facts, with neither
being under any compulsion to buy or sell.
Fee Simple
An estate under which the owner owns a contract interest in the
property and is entitled to the unrestricted enjoyment of the
property, including the right to dispose property.
Federal Deposit Insurance Corporation (F.D.I.C.)
The federal corporation which insures against loss of deposits in
banks, up to a maximum amount.
Federal Home Loan Banks
Banks created under the Federal Home Loan Bank Act of 1932, in order
to keep a permanent supply of money available for home financing. The
banks are controlled by the Federal Home Loan Bank Board. Savings and
loans, insurance companies, and other similar companies making long
term mortgage loans may become members of the Federal Home Loan Bank
System, and thus may borrow from one of the regional banks throughout
the country.
Federal National Mortgage Association - Fannie
Mae
Fannie Mae is one of the Government Sponsered Enterprises (GSE), yet
receives no government funding or backing. It is a private company,
owned by shareholders and chartered by Congress to purchase mortgages
thereby making funds available to lenders. It does not lend directly
to borrowers; rather it buys mortgages made by lenders.
Fee
(1) Modernly, and not in strict legal terms, synonymous with fee
simple or "ownership." (2) A charge made by a landlord to a tenant,
which is not refundable. For example: A cleaning deposit would be
refunded if the tenant left the rented property reasonably clean. A
cleaning fee would be a charge by the landlord for cleaning the rented
property and would not be refunded regardless of the condition of the
property.
FHA (Federal Housing Admininistration)
A federal agency which insures first mortgages, enabling lenders to
loan a very high percentage of the sale price.
Federal Home Loan Mortgage Corporation - Freddie Mac
Freddie Mac is one of the Government Sponsored Enterprises (GSE),
recieving no government funding or backing. It is a stockholder-owned
corporation chartered by Congress to increase the supply of funds that
lenders could make available to borrowers. It does not lend directly
to borrowers, but buys mortgages made to borrowers.
Finance Charge
A total of all costs imposed directly or indirectly by the creditor
and payable either directly or indirectly by the customer, as defined
by the Federal Truth-In-Lending laws.
Financial Statement
An accounting statement showing assets and liabilities of a person or
company. Used generally for large loans or other instances when the
credit report (history of payment of debts) in itself is not
sufficient.
Finder's Fee
A fee paid to someone who finds a buyer or property for a broker,
buyer, etc. The term is sometimes used to attempt to pay a commission
to an unlicensed person. Generally, a finder's fee is considered a
commission and may only be paid to one who holds a real estate
license.
First Mortgage
A mortgage on property that is superior in position to any other
mortgage.
Fixed Rate Loan
A loan on which the same rate of interest is charged for the life of
the loan.
FNMA Buydown
FNMA (Federal National Mortgage Association) accepts loans containing
a buy down provision on single family residential, owner occupied
properties. A prepayment (points) will buy a lower rate of interest
during the first one to five years of the loan. Restrictions apply as
to the amount of the buydown and rise in payment amount as the loan
progresses.
Forfiture
The taking of an individual's properly by a government, because the
individual has committed a crime. In the United States, private
property cannot be taken, except by eminent domain upon payment of
just compensation, or for nonpayment of taxes.
Full Disclosure
In real estate, revealing all the known facts which may affect the
decision of a buyer or tenant. A broker must disclose known defects in
the property for sale or lease. A builder must give to a potential
buyer the facts of his new development (are there adequate school
facilities? sewer facilities? (an airport nearby?, etc.). A broker
cannot charge a commission to buyer and seller unless both know
(disclosure) and agree.
Future Acquired Property
Property acquired after a loan or sale. For example: A loan agreement
may state that the loan is a lien on all property presently owned or
which the borrower may acquire in the future.
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G
Garnishment
A legal proceeding under which a person's money in control of another
(such as salary) is taken for payment of a debt. The amount which may
be taken is set by statute (usually as a percentage), and, in most
states, a judgment is necessary before garnishment.
General Lien
(1) A lien such as a tax lien or judgment lien which attaches to all
property of the debtor rather than the lien of, for example, a trust
deed, which attaches only to specific property. (2) The right of a
creditor to hold personal property of a debtor for payment of a debt
not associated with the property being held. Must be done under an
agreement since against general precepts of law.
General Membership
A partnership made up of general partners,without special (limited)
partners.
GNMA (Government National Mortgage Association) Options
A method of purchasing GNMA securities through "puts" and calls." A
GNMA Call Option is the right to buy GNMA securities at a specific
yield for a specified time, A Put Option is the right to sell GNMA
securities at a specific yield for a specified time. The buyer pays
for the option and may exercise it, not exercise it, or sell it.
Graduated Payment Mortgage
A mortgage or deed or trustcalling for increasingly higher payments
over the term of the loan. This allows the buyer low beginning
payments. The payments then increase as (theoretically) the buyer's
earnings increase.
Grantee
One to whom a grant is made. The purchaser of real property.
Grantor
One who has made a grant. The seller of real property.
Grantor Grantee Index
The record of the passing of title to all the properties in a county
as kept by the county recorder's office. Property is checked by
tracing the names of the sellers and buyers (chain of title). Title
companies usually have more efficient methods by keeping records
according to property description, rather than peoples names.
Gross Income
The scheduled (total) income, either actual or estimated, derived from
a business or property.
Gross Income Multiplier
A figure which, when multiplied by the annual gross income, will
theoretically determine the market value. A general rule of thumb
which varies with specific properties and areas.
Gross Lease
A lease which obligates the lessor to pay all or part of the expenses
of the leased property, such as taxes, insurance, maintenance.
utilities, etc.
Guarantee
Agreement to pay the debt or perform the obligation of another in the
event the debt is not paid or obligation not performed. Differs from a
surety agreement in that there must be a failure to pay or perform
before the guaranty can be in effect.
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H
Hidden Defect
An encumbrance on a title that is not apparent in the public records;
for example, unknown heirs, secret marriages and forged instruments.
Holdback
Portion of a loan held back by the lender until a contingency is met.
In the sale of a home insured by VA or FHA., funds may be held back to
make necessary improvements to bring the property to VA or FHA
standards. The money to make these repairs may not be available until
closing. One and one halt to double the estimated amount necessary is
held back. If repairs are not made in the time allowed, these funds
are used to make the repairs. In construction financing, funds are
held back until, for example, a certain percentage of a subdivision
has been sold, or a certain portion of a building has been
constructed.
Holder In Due Course
A holder of a check or note who takes, for value and in good faith,
the note before it is overdue or the check without knowledge that it
has bounced, if, in fact it has.
Holding Period
The time period used by the IRS to determine along or short term
capital gain. The period during which the taxpayer owns the capital
asset.
Homestead
The dwelling (house and contiguous land) of the head of a family. Some
states grant statutory exemptions, protecting homestead property
(usually to a set maximum amount) against the rights of creditors.
Property tax exemptions (for all or part of the tax) are also
available in some states. Statutory requirements to establish a
homstead may include a formal declaration to be recorded.
Home Warranty Insurance
Private insurance insuring a buyer against defects (usually in
plumbing, heating, and electrical) in the home he has purchased. The
period of insurance varies and both new and used homes may be insured.
Hypothecate
To mortgage or pledge without delivery of the security to the lender.
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I
Impound Account
Account held by a lender for payment of taxes, insurance, or other
periodic debts against real property. The mortgagor or trustor pays a
portion of, for example, the yearly taxes, with each monthly payment.
The lender pays the tax bill from the accumulated funds.
Improvements
Generally, buildings, but may include any permanent structure or other
development, such as a street, utilities, etc.
Inchoate Instrument
An unrecorded instrument (such as a deed) which is valid only between
the parties and those having actual notice, but not against "the
world" as it would be after recording.
Income Averaging
A method of figuring income tax by paying tax on the average income
per year for the past five years. For example: A, a real estate
salesperson, earns $10,000 taxable income for 4 years. In the fifth
year, A sells a shopping center and earns $100,000 taxable income.
A-could take the total income for 5 years ($140,000), divide by 5
($28,000), and pay tax on $28,000 for the past 5 years, less what A
has already paid.
Increasing And Diminishing Returns
An economic theory that an increase in capital or manpower will not
increase production proportionately (five workers may do less than
five times the work of one worker; and two workers may do more than
twice the work of one worker). When the increase in production is
proportionately greater than the addition, there is an increasing
return, when production is proportionately less than the addition, the
return diminishes.
Industrial Tax Exemption
An exemption from local property taxes granted to encourage industries
to come into an area. Has been used successfully in the South. Usually
granted for a definite period.
Inheritance Tax
A tax on the transfer of property from a deceased person: based on the
right to acquire the property rather than the property itself.
Installment Contract
A method of purchasing by installment (usually monthly) payments. When
referring to real property, it is usually called a land contract.
Institutional Lenders
Banks, savings and loan associations, and other businesses which make
loans to the public in the ordinary course of business, rather than
individuals, or companies which may make loans to employees.
Insured Mortgage
A mortgage insured against loss to the mortgagee in the event of
default and a failure of the mortgaged property to satisfy the balance
owing plus costs of foreclosure. May be insured by FHA, VA, or by
private mortgage insurance companies.
Interest Cap
The maximum interest rate increase of an Adjustable Mortgage Loan. An
interest rate cap places a limit on the amount your interest rate can
increase. Interest caps come in two versions:
- Periodic caps, which limit the interest rate increase from one
adjustment period to the next; and
- Overall caps, which limit the interest rate increase over the
life of a loan.
Interpleader
A court action which may be filed in an existing case to be the
initial action. One holding funds which are in dispute, but not having
an interest in the funds, would file an interpleader. For example: An
escrow agent is holding a deposit of a buyer which funds both buyer
and seller claim to be entitled. Escrow is willing to give the funds
to either buyer or seller but does not want to be liable for giving
the funds to the wrong party. The interpleader filed by the escrow
agent asks the court to determine to whom the funds should be awarded.
Interstate Land Sales
Sales of land to a buyer in another state. Because the buyer is
usually totally dependent on the seller for information regarding the
property, federal disclosure laws have been passed to aid the buyer.
The buyer also has a period (now 3 days) after signing a purchase
agreement, in which to rescind. The laws were passed because of the
large promotional land sales of the 50's and early 60's, some of which
sold worthless desert and swamp land.
IRA (Individual Retirement Account)
Savings programs available to individuals. The plans allow for a
certain amount to be deposited each year. This money is not subject to
income tax for that year or following years as long as it is not
withdrawn. The money is taxed as withdrawn upon retirement, usually
when the depositor is in a lower tax bracket. During the life of the
account, the money may be put into various interest bearing
investments. Securities dealers as well as banking institutions now
offer IRA'S.
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J
Joint Appraisal
An appraisal by more than one appraiser, but one which states common
conclusions of all.
Joint Tenancy
An undivided interest in property, taken by two or more joint tenants.
The interests must be equal, accruing under the same conveyance, and
beginning at the same time. Upon the death of a joint tenant, the
interest passes to the surviving joint tenants, rather than to the
heirs of the deceased.
Judgment
The decision of a court of law. Money judgments, when recorded, become
a lien on real property of the defendant.
Judgment Lien
A lien against the property of a judgment debtor. An involuntary lien.
Judgment Proof
One against whom a judgment creditor cannot collect (no assets). If
one can show he was defrauded by a "judgment proof" real estate
licensee, he may recover from the state fund in states having such a
fund.
Jumbo VA Loan
A loan for an amount greater than the allowable 100% financed amount.
It is determined by subtracting the maximum allowable 100% financed
amount from the purchase price and financing 75% of the difference.
Example: maximum allowable VA Loan-$110,000. Sale price-$130.000.
Difference $20,000: 75% of the difference is $15,000. Total jumbo
loan-$110,000 plus $15.000 = $125,000. Required down payment-$5,000.
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K
Keogh Plan
A retirement plan whereby a self-employed person may set aside a
certain portion of income (tax deferred) into a retirement account.
The money is taxable upon withdrawal at retirement when the person's
tax bracket is often lower.
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L
Landowner's Royalty
In oil and gas leases, the portion of the value of each barrel of oil
which goes to the property owner.
Land Residual Technique
An appraisal technique by which land value is determined by first
determining the net return attributable to the building only, and
deducting it from the total return to the property (may be estimated),
the residual amount is capitalized to find the land value. The
building value may be determined by construction costs (new building),
depreciated construction costs (it only a few years old), or estimated
present construction costs (if an older building).
Late Charge
A penalty for failure to pay an installment payment on time. Usually
not allowed as interest for tax deductions. May or may not be included
as usury. If not, the amount of late charge is either set by statute
or must be "reasonable."
Lease With Option To Purchase
A lease under which the lessee has the right to purchase the property.
The price and terms of the purchase must be set forth for the option
to be valid. The option may run for the length of the lease or only
for a portion of the lease period. Legal Description: A description by
which property can be definitely located by reference to surveys or
recorded maps. Sometimes referred to simply as the legal.
Legal Owner
The term has come to be used as a technical difference from the
equitable owner, and not as opposed to an illegal owner. The legal
owner has title to the property, although the title may actually carry
no rights to the property other than a lien.
Lessee's Interest
In appraising the value of a lessees interest to determine the value
of a potential sublease of assignment (sale) of the lease, the value
is the market value of the property, less the interest of the lessor.
The lessor's interest would be largely determined by the ratio of the
return on the lease to the market value without the lease. Lien: A
recorded document which claims an interest in real property as
security for a debt owed. Such liability may be created by contract,
such as a deed of trust, or by a court judgment.
Lien Waiver (Waiver Of Liens)
For our purposes, a waiver of mechanic's lien rights, signed by
subcontractors so that the owner or general contractor can receive a
draw on a construction loan.
Loan Ratio
The ratio, expressed as a percentage, of the amount of a loan to the
value or selling price of real property. Usually, the higher the
percentage, the greater the interest charged. Maximum percentages for
banks, savings and loans, or government insured loans, is set by
statute.
Loan to Value Ratio
The ratio of the mortgage loan's principal to the property's appraised
value or its sales price, whichever is lower.
Long Term Capital Gain
Gain on the sale of a capital asset which has been held for a
specified time or longer. Long term capital gain is taxed at a special
rate and not as ordinary income.
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M
Marketable Title
Title which can be readily marketed (sold) to a reasonably prudent
purchaser aware of the facts and their legal meaning concerning liens
and encumbrances.
Market Value
The highest price a willing buyer would pay and a willing seller
accept, both being fully informed, and the property exposed for a
reasonable period of time. The market value may be different from the
price a property can actually be sold for at a given time (market
price).
Market Value Approach
Appraising the value of a property by comparing the price of similar
properties (comparables) recently sold. The degree of similarity of
the properties and circumstances of the sale are the important
characteristics to consider.
Maturity
(1) Termination period of a note. For example: A 30 year mortgage has
maturity of 30 years. (2) In sales law, the date a note becomes due.
Mechanic's Lien
A lien created by statute for the purpose of securing priority of
payment for the price or value of work performed and materials
furnished in construction or repair of improvements to land, and which
attaches to the land as well as the improvements.
Merger Of Title
A lesser interest in real property being merged (absorbed) into a
greater interest. For example: A lessee purchases the property being
leased. The interest as a lessee is merged into the interest as an
owner, thus ending the leasehold interest.
Metes and Bounds
A form of land description in which boundaries are described by
courses, directions, distances and monuments.
Mile
A linear measurement equal to 5280 feet on land and 6076 feet across
water (nautical mile).
Mortgage
(1) To hypothecate as security, real property for the payment of a
debt. The borrower (mortgagor) retains possession and use of the
property. (2) The instrument by which real estate is hypothecated as
security for the repayment of a loan.
Mortgage Banker
A company providing mortgage financing with its own funds rather than
simply bringing together lender and borrower, as does a mortgage
broker. Although the mortgage banker used its own funds, these funds
are generally borrowed and the financing is either short term or long
term, the mortgages are sold to investors (many times insurance
companies) within a short time.
Mortgage Company
A company authorized to service real estate loans, charging a fee for
this service.
Mortgagee
The party lending the money and receiving the mortgage. Some states
treat the mortgagee as the "legal" owner, entitled to rents from the
property. Other states treat the mortgagee as a secured creditor, the
mortgagor being the owner. The latter is the more modern and accepted
view.
Mortgage Insurance
Insurance written by a private mortgage insurance company (referred to
as PIC) protecting the mortgage lender against loss incurred by a
mortgage default, thus enabling the lender to lend a higher percentage
of the sale price. The Federal Government writes this form of
insurance through the FHA and the VA.
Mortgage Life Insurance
A term life insurance policy for the amount of the declining balance
of a loan secured by a mortgage or deed of trust. The beneficiary
under the policy is the mortgagee. In the event of death (some
policies also cover disability) of the insured (mortgagor), the
mortgage is paid in full.
Mortgage Servicing
Controlling the necessary duties of a mortgagee, such as collecting
payments, releasing the lien upon payment in full, foreclosing if in
default, and making sure the taxes are paid, insurance is in force,
etc. Servicing may be done by the lender or a company acting for the
lender, for a servicing fee.
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Negative Amortization
A condition created when a loan payment is less than interest alone.
Even though payments are made on time, the amount owing increases.
Negotiable Instrument
According to the Uniform Negotiable Instruments Act, an instrument is
negotiable when it is in writing and signed, containing an
unconditional promise or order to pay a certain amount of money, on
demand, or at a definite future date, to the bearer, to order, or to a
named or certain drawee.
Net Lease
A lease requiring the tenant to pay, in addition to a fixed rental,
the expenses of the property leased, such as taxes, insurance,
maintenance, etc. In some states the terms net net, net net net,
triple net, and other such repetitions are used.
Net Worth
The difference between total assets and liabilities of an individual,
corporations, etc.
Non-conforming
Any loan that does not meet standard Fannie Mae/ Freddie Mac
guidelines.
Nonexclusive Listing
A listing under which the real estate broker has an exclusive listing
as opposed to other agents, but the owner may sell the property
without using an agent, and not be liable to pay a commission. Also
called an agency agreement.
Nonrecourse Loan
A loan not allowing for a deficiency judgment. The lender's only
recourse in the event of default is the security (property) and the
borrower is not personally liable.
Notarization
The certificafion by a Notary Public that a person signing a document
has been properly identified. Notarization does not certify the
content of a document, only validity of signature.
Notice Of Cessation
A notice stating that work has stopped on a construction project. Done
to accelerate the period for filing a mechanic's lien.
Notorious Possession
A requirement for adverse possession. Possession so open (notorious)
that the owner is presumed to have notice of it and its extent.
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O
Open End Mortgage
A mortgage permitting the mortgagor to borrow additional money under
the same mortgage, with certain conditions, usually as to the assets
of the mortgage.
Origination Fee
The fee that the lender charges to originate the loan, this fee is
typically 1 point.
Ownership
Rights to the use, enjoyment, and alienation of property, to the
exclusion of others. Concerning real property, absolute rights are
rare, being restricted by zoning laws, restrictions, liens, etc.
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P
Partial Release
A release of a portion of property covered by a mortgage. A subdivider
will obtain a partial release as each lot is sold, upon payment of an
agreed upon amount. In areas where the subdivider is not usually the
builder, it may be necessary to sell groups of lots to obtain a
partial release. In areas where deeds of trust are used instead of
mortgages, a "partial reconveyance" is the document used.
Participation Certificates
Mortgage securities, rather than mortgages. The advantage of the
certificate is that it is readily marketable or pledgeable.
Partition
(1) Any division of real or personal property between co-owners,
resulting in individual ownership of the interests of each. (2) A
wall, sometimes moveable, and not load-bearing, used to divide a room
or building.
Payment Cap
A maximum amount for a payment under an Adjustable Mortgage Loan,
regardless of the increase in the interest rate. If the payment is
less than the interest alone, negative amortization is created.
Payoff
The payment in full of an existing loan or other lien.
Payoff Escrow
An escrow, specifically for the purpose of paying off an existing
lien. Usually part of an existing escrow, and called a sub escrow.
Perfecting Title
Process involving the elimination of any adverse claims against a
title.
Personal Property Loan
A loan which is secured by both real and personal property. The
minimum ratio of personal to real property is set by law. The credit
of the borrower is a major consideration in making the loan.
PITI
Refers to principal, interest, taxes and insurance,the four major
components of a usual monthly mortgage payment.
PITI Ratio
The principal, interest, tax and insurance payment to income ratio.
Used in mortgage lending decisions.
Planned (Unit) Development (PUD)
A subdivision of five or more individually owned lots with one or more
other parcels owned in common or with reciprocal rights in one or more
other parcels. The lots are generally small, being the exact size of
the improvements, or slightly larger.
Point
One percent. When referring to mortgages or deeds of trust, the term
is used to describe the percentage of discount rather than interest
(for which the word "percent" is used). The points are paid by the
seller in FHA and VA insured loans, and by either buyer or seller (or
both) in conventional loans.
Points
A fee charged by the lender to fund a loan, in addition to and
separate from other fees charged. One point equals one percent of the
amount of the loan. Discount points are charged or are received based
on the note rate the borrower selects. Additionally a one point
origination fee is typically charged by a lender to underwrite a
residential loan.
Power of Attorney
An authority by which one person (principal) enables another (attorney
in fact) to act for him. (1) General power - Authorizes sale,
mortgaging, etc. of all property of the principal. Invalid in some
jurisdictions. (2) Special power - Specifies property, buyers, price
and terms. How specific it must be varies in each state.
Pre-approval
When purchasing a home, it can be advantageous to get pre-approved for
a mortgage.
A pre-approval takes the prequalification process one step further. A
loan application must be completed, which is required in order to be
prequalified. The mortgage lender will review the following
information: income, debt, assets, confirmed monies available for down
payment and closing costs. A credit report will be run and the lender
will then issue a loan approval letter to the borrower based on their
review of the information.
The 'pre-approval letter' can be provided to a Realtor and/or Seller.
Typically, Realtors/Sellers prefer to work with people they know are
able to obtain sufficient loan funds to purchase the property.
Pre-qualification
A pre-qualification is the process in which the mortgage loan
originator reviews the income, debt, assets, credit history and
confirmed monies available for down payment and closing costs. From
this information, the mortgage representative is able to confirm the
amount and type of loan available to the borrower. The borrower
receives a pre-qualification which basically provides you with an
understanding of your lending capabilities.
Prescriptive Easement
The granting of an easement by a court, based on the presumption that
a written easement was given (although none existed), after a period
of open and continuous use of land.
Principal
The sum of money outstanding upon which interest is payable. Also
refers to one who is served by an agent. Private Mortgage Insurance (PMI):
Insurance written by a private mortgage insurance company protecting
the mortgage lender against loss occasioned by a mortgage default and
foreclosure.
Private Mortgage Insurance
Insurance against a loss by a lender in the event of default by a
borrower (mortgagor). The insurance is similar to insurance by a
governmental agency such as FHA, except that it is issued by a private
insurance company. The premium is paid by the borrower and is included
in the mortgage payment.
Property Management
The branch of the real estate business dealing with the management of
property. The property may be a rented house or a large office or
industrial complex. The duties may range from merely collecting rents
to complete management of all maintenance and may also include being
leasing agent or sales agent.
Proration
The method used in dividing charges into that portion which applies
only to a party's ownership up to particular date.
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Q
Qualification
The process of reviewing a prospective borrower's credit and payment
capacity prior to approving a loan.
Quarter Section
One quarter of a section. A quarter section (commonly called a
quarter) contains 160 acres.
Quitclaim Deed
A deed operating as a release, intended to pass any title, interest,
or claim which the grantor may have in the property, but not
containing any warranty of a valid interest or title in the grantor.
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R
Rate Index
An index used to adjust the interest rate of an adjustable mortgage
loan. For example: the change in U.S. Treasury securities (T-Bills)
with a 1 year maturity. The weekly average yield on said securities,
adjusted to a constant maturity of one year, which is the result of
weekly sales, may be obtained weekly from the Federal Reserve
Statistical Release H.15 (519). This change in interest rates is the
"index" for the change in the specific Adjustable Mortgage Loan.
Rate Of Return
The annual percentage of return on investment on income property.
Real Estate
(1) Land and anything permanently affixed to the land. such as
buildings, fences, and those things attached to the buildings, such as
light fixtures, plumbing and heating fixtures, or other such items
which would be personal property it not attached. The term is
generally synonymous with real property, although in some states a
fine distinction may be made. (2) May refer to rights in real property
as well as the property itself.
Real Estate Settlement Procedures Act (RESPA)
A federal statute requiring disclosure of certain costs in the sale of
residential, improved property which is to be financed by a federally
insured lender.
Reconveyance
The conveyance to the landowner of the title, held by a trustee under
a deed of trust, when the performance of the debt is satisfied.
Recordation
Involves filing for record in the office of the county recorder for
the purpose of giving constructive notice of title, claim or interest
in real property.
Record Owner
The owner of property as shown by an examination of the public record.
Redemption
The process of canceling a defeasible title to land, such as is
created by a mortgage foreclosure or tax sale.
Redemption Period
A time period during which a mortgage, land contract, deed of trust,
etc., can be redeemed. Usually set by statute, and after judicial
foreclosure.
Refinance
(1) The renewing of an existing loan with the same borrower and
lender. (2) A loan on the same property by either the same lender or
borrower. (3) The selling of loans by the original lender.
Reinstatement
(1) Payment of a note, mortgage, deed of trust, etc., to bring it from
default to good standing. (2) Restoring the previously used
entitlement of a veteran to enable the veteran to purchase property
under a VA program. (Also called Restoration of Eligibility).
Reinsurance
The transferring of a portion of the liability to other insurers.
Example: Insurer A insures for $200,000, A insures for $100,000 and
reinsures the "second" $100,000 through B insurer, The "first"
$100,000 is called "primary liability."
Renegotiable Rate Mortgage
A real property loan calling for an adjustment in the interest rate at
a given time. Example: A loan with a 15 year amortization is adjusted
to current interest rates after 2 years. The lender agrees to make the
adjusted loan at the new rate as long as the old loan is not in
default. The Federal Reserve Board allows the original loan to be
treated either as a balloon payment loan or a variable rate loan.
However, points must be figured into the APR based on the time or
renegotiation (2 years rather than 15).
Reservation
(1) A right created and retained by a grantor. The reservation may be
temporary (such as a life estate) or permanent (such as an easement
running with the land). (2) Public land reserved for a special
purpose, such as an indian reservation.
Right Of Way
A strip of land which is used as a roadbed, either for a street or
railway. The land is set aside as an easement or in fee, either by
agreement or condemnation. May also be used to describe the right
itself to pass over the land of another.
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S
Savings And Loan Association
Originally an association chartered to hold savings and make real
estate loans. Federally insured and regulated. Active in long term
financing rather than construction loans. Recent changes in federal
controls have enabled these associations to offer checking accounts,
consumer loans, and other services traditionally offered by banks.
Secondary Financing
A loan secured by a mortgage or trust deed, which lien is junior
(secondary) to another mortgage or trust deed.
Secondary Mortgage Market
The buying and selling of first mortgages of trust deeds by banks,
insurance companies, government agencies, and other mortgagees. This
enables lenders to keep an adequate supply of money for new loans. The
mortgages may be sold at full value (par) or above, but are usually
sold at discount. The secondary mortgage market should not be confused
with second mortgage.
Second Mortgage
A mortgage which ranks after a first mortgage in priority. Properties
may have two, three, or more mortgages, deeds of trust, or land
contracts, as liens at the same time. Legal priority would determine
whether they are called a first, second, third, etc. lien.
Shared Appreciation
The gaining or retaining of equity in a property by someone other than
the buyer. For example: the seller retains a 25% interest in the
property. This makes the buyer responsible for only 75% of the
purchase price and, therefore, lowers the necessary financing by 25%.
This obviously makes the property more affordable. By agreement,
expenses are shared as well as any increase in value when the property
is sold. Statement of Information (SI): A confidential information
statement completed by the buyer, seller and borrower in every
transaction where a policy or policies of title insurance are
requested. Allows the title company to competently search documents
affecting the property to be insured, documents which may not refer to
said property. Allows title companies to differentiate between parties
with similar names when searching matters such as liens and court
decrees.
"Subject To" Clause
A clause in a deed, stating that the grantee takes title "subject to"
an existing mortgage. The original mortgagor is alone responsible for
any deficiency, should there be foreclosure of the mortgage. Differs
from an "assumption" clause, whereby the grantee "assumes" and agrees
to pay the existing mortgage.
Sweat Equity
A program which allows a purchaser to do work on the property in place
of all or part of the down payment and other costs of purchase.
Subordination Agreement
An agreement under which a prior or superior lien is made inferior or
subject to an otherwise junior lien.
Survey
The measurement of the boundaries of a parcel of land, it's area, and
sometimes its topography.
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T
Take Out Commitment
Agreement by a lender to place a long term (take out) loan on real
property after completion of construction.
Tax Base
The assessed valuation of real property, which is multiplied by the
tax rate to determine the amount of tax due.
Tax Deed
(1) Deed from tax collector to governmental body after a period of
non-payment of taxes according to statute. (2) Deed to a purchaser at
a public sale of land taken for delinquent taxes. The purchaser
receives only such title as the former owners had and strict
procedures must be followed to prevent attachment of prior liens.
Tax Lien
A statutory lien imposed against real property for nonpayment of
taxes.
Tenancy In Common
An undivided ownership in real estate by two or more persons. The
interests need not be equal. and, in the event of the death of one of
the owners, no right of survivorship in the other owners exists.
Tenant At Will
One who holds possession of premises by permission of the owner or
landlord, but without agreement for a fixed term of possession.
Title Plant
The information warehouse of a fide company in which it has
accumulated and is constantly updating records of properties in its
area which it can use to search title to real property.
Title Policy
A title insurance policy insuring a mortgagee, or beneficiary under a
deed of trust, against loss caused by invalid title in the borrower,
or loss caused by invalid title in the borrower, or loss of priority
of the mortgage or deed of trust.
Townhouse
Originally a house in a city as opposed to a country estate. More
recently the term is applied to certain types of row houses, whether
planned unit developments or condominiums.
Transfer Tax
State tax on the transfer of real property. Based on purchase price or
money changing hands. Check statutes for each state. Also called
documentary transfer tax.
Treasury Bills
Interest bearing U.S. Government obligations sold at a weekly sale.
The change in interest rates paid on these obligations is frequently
used as the Rate Index of Adjustable Mortgage Loans.
Trustee
A person who holds title in trust for the benefit of another. In a
deed of trust, the trustee is the person named to hold title in trust
for the benefit of the lender until the loan is paid off.
Trustee In Bankruptcy
One appointed by a bankruptcy court, and in whom the property of the
bankrupt vests. The trustee holds the property in trust, not for the
bankrupt, but for the creditors.
Trustor
The borrower under a deed of trust. One who deeds their property to a
trustee as security for repayment of a loan.
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U
Unavoidable Cause
A cause which reasonable prudence and care could not have prevented,
such as death, illness, papers lost in the mail, etc.
Underlying Financing
A mortgage, deed of trust, etc., prior to (underlying) a land
contract, mortgage, etc , on the same property.
Undisclosed Principal
A principal whose identity is not revealed by an agent.
Uniform Laws
Laws approved by the National Conference of Commissioners on Uniform
State Laws. Many have been adopted in one or more states. Among these
are the Uniform Commercial Code, Uniform Negotiable Instruments Act,
Uniform Partnership Act, Uniform Residential Landlord and Tenant Act,
etc.
Uniform Settlement Statement
The Standard HUD Form 1 required to be given to the borrower, lender
and seller at, or prior to, settlement.
Unilateral Contract
A contract under which one party expressly makes a promise, the other
party, although making no reciprocal promise, may be obligated by law
or may have already given consideration.
Unmarketable Title
Title which contains defects that would allow a purchaser to be
released from his obligation to purchase.
Unrecorded Instrument
A deed, mortgage, etc., which is not recorded in the county recorder's
office and, therefore, not protected under recording statutes. Valid
between the parties involved, but not against innocent third parties.
Useful Life
(1) In appraisal for sale purposes, the true economic value of a
building in terms of years of use to the owner. (2) For tax purposes,
the life set for depreciation. At any time during that period, a new
life could begin for a new owner.
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V
Vacancy Factor
The estimated percentage of vacancies in a rental project. May be
based on past records of the property, or a professional guess if a
new project. Surrounding area buildings, it similar, may be used for
comparison.
Variable Interest Rate
An interest rate which fluctuates as the prevailing rate moves up or
down. In mortgages there are usually maximums as to the frequency and
amount of fluctuation. Also called "flexible interest rate."
Veneered Construction
The placing of a facing material over the external surface of a
structure.
Vesting
Denotes the manner in which title is held. Examples of common vestings
are: Community Property, Joint Tenancy and Tenancy in Common.
Vital Statistics
Data regarding births, deaths, marriages, health records, etc., and
usually kept by a governmental bureau. Federally, the Bureau of Vital
Statistics.
Voluntary Lien
A lien placed against real property by the voluntary act of the owner.
Most commonly, a mortgage or deed of trust.
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W
Waive
To knowingly abandon, relinquish, or surrender a right, benefit, or
claim.
Warranty
A legal, binding, promise, given at the time of a sale, whereby the
seller gives the buyer certain assurances as to the condition of the
property being sold. Warranties as to real property have taken on a
lessor role with the increase of the use of title insurance.
Warranty Deed
A deed used in many states to convey fee title to real property. Until
the wide spread use of title insurance, the warranties by the grantor
were very important to the grantee. When title insurance is purchased,
the warranties become less important as a practical means of recovery
by the grantee for defective title.
Without Recourse
A finance term. A mortgage or deed of trust securing a note without
recourse allows the lender to look only to the security (property) for
repayment in the event of default, and not personally to the borrower.
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Y
Yield
Ratio of income from an investment to the total cost of the investment
over a given period of time.
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Z
Zero Lot Line
The consruction of a building on any of the boundary lines of a lot.
Usually built on the front line such as a store built to the sidewalk.
Zero Side Yard
The building of a subdivision with each house built on a side boundary
line. This gives more usable yard space on narrow lots. An easement
for maintenance is given over a portion of the lot adjoining each
house.
Zone
(1) An area of a county or city in which the use of the land is
restricted by law (zoning ordinance). (2) An area designated by a
number for the delivery of mail. Zip codes incorporate the zones.
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