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A
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Abandonment
Voluntarily relinquishing rights of
ownership with an intent to abandon (give up
the interest).
Abatement
A reduction or decrease. Usually applies to
taxes.
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 validity
and legality of title.
Acceleration
Clause
Clause used in a 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 a payment default by a
first time home buyer.
Accretion
The gradual addition of land to the shore or
bank of a waterway.
Acknowledgement
A declaration, usually in writing, by a
person executing an instrument, given before a
person authorized to give an oath (usually a
notary public), stating that the execution is of
his own free will.
Acquisition
Costs
Costs of acquiring property beyond the
purchase price: escrow fees, title insurance,
lenders fees, etc. Some of these costs for the
first time home buyer can be paid for with
grants.
Act
Of God
Damage caused by nature (hurricanes. ice.
etc.) rather than destruction by man.
Adjustable
Rate Mortgages (ARM's)
Second mortgage loans
in 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 creation of the loan. Also
called:
Adjustable Rate Loans,
Adjustable
second mortgage loans,
Flexible Rate Loans,
Variable Rate Loans.
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, so that in a specified period of
time the outstanding balance will be completely
paid off.
Annual
Percentage Rate
The yearly interest percentage of a
loan, expressed by the
actual rate of interest paid. The APR will
factor in all interest costs, including prepaid
interest in the form of points. The APR is
disclosed as a requirement of federal truth in
lending statutes.
Appraisal
An opinion of value based upon a factual
analysis compiled by a person of suitable
qualifications. Especially important for first
time home buyers.
Appurtenant Easements
In the U.S., an easement appurtenant is one that
benefits the dominant tenement (i.e. attached to
adjoining land), as compared to an easement in
gross that is personal to
holder of the easement and does not pass
automatically to another person when the
easement holder's property is sold by the owner.
Arrears
If a
mortgage payment is
late, it is said to be in arrears.
Assumable
A
mortgage loan which
can be transferred to another person without a
change in the terms of the loan.
Assumption
of Note
Agreement by a buyer to assume the liability
under an existing
mortgage note secured
by a
mortgage
deed. The lender usually must approve the new
debtor in order to release the existing debtor
from liability.
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Balloon
Note
A note calling for the principal sum, or a
large portion thereof, (known as a "balloon") is
due at maturity. Sometimes used in creative
financing for first time home buyers.
Balloon
Payment
The unpaid principal balance 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.
Bankruptcy
Proceedings under federal bankruptcy laws to
relieve a debtor from insurmountable debt.
Voluntary bankruptcy is petitioned by the
debtor, 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. Many first time home buyers are
beneficiaries of money for the down payment.
Biweekly
A
mortgage note that
establishes a payment period of every two weeks,
instead of once per month, resulting in the
equivalent of 13 payments per year, rather than
12.
Blanket
Mortgage
A
mortgage covering more
than one property of the mortgagor, such as a
mortgage covering all
the lots of a builder in a subdivision.
Borough
A part of a city, having legal authority
over certain local matters. The most famous
boroughs are the five boroughs of New York City.
Breast
Height
The height at which the diameter of a tree
is measured. A height of 4 1/2 feet above the
ground level. The abbreviation D.B.H.
(diameter-breast-height) is usually used.
Broker,
Real Estate
One who is licensed by the state to carry on
the business of dealing in real estate owned by
others for monetary compensation. 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.
Buy-down
A payment to the lender from the seller,
buyer, builder, other third party, or some
combination of these, causing the lender to
reduce the interest rate of a first time home
buyer
loan. The buy-down is
usually for the first 1 to 5 years of the
loan.
Buyer Brokerage The practice of
real estate brokers (and their agents)
representing a buyer in a real estate
transaction rather than, by default,
representing the seller either directly or as a
sub-agent.
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California
Land Title Association (CLTA)
An association in California of tide
insurers and underwritten title companies. The
association adopts standard title policy forms.
Call
In a metes and bounds legal description of a
property, the angle and distance of a given line
or arc.
Cancellation
Clause
A clause in a lease, purchase and sale
agreement, 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 first or second mortgage
may increase, regardless of index changes. Cap
can describe yearly changes as well as total
change over the life of the loan.
Capital
Gains
Gains realized from the sale of property.
Generally, the difference between cost and
selling price, less certain deductible expenses.
Used mainly for income tax purposes.
Carrying
Charges
The costs involved in retaining a property
which is intended to produce income (either by
sale or rent) but has not yet done so. Primarily
amongst carrying charges are principal and
interest charges on the first or
second mortgage.
Caveat
Emptor
Latin for "Let the buyer beware." Legal
maxim stating that the buyer takes the risk
regarding quality or condition of the item
purchased, unless protected by warranty or there
is misrepresentation.
Covenants,
Conditions and Restrictions (CCR's)
Limitations placed on the use and enjoyment of
real property. These are found most often in
condominium projects, subdivisions and planned
unit developments. The intent of CCR's is to
protect the beauty of the development by
disallowing various uses such as storing old,
unregistered vehicles, etc.
Certificate
Of Title
A legal document, usually written by an
attorney, stating that title is vested as stated
in the abstract. Certificates of title are one
of the required elements in the paperwork at
closing of a first time home buyer loan.
Chain
of Title
A chronological list of publicly recorded
instruments tracing title to land, from the
original owner to the present owner.
Clear
Title
Title to real 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 between buyer and seller,
or when a
loan refinancing is
completed. (2) The final call in a metes and
bounds legal description which "closes" the
boundaries of the described 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. This process usually happens when
signing all the papers at the closing of the
mortgage loan.
Closing
Statement
A summary, in the form of a balance sheet,
showing the amounts of debits and credits to
which the seller is entitled to receive and the
first time home buyer is required to pay upon
closing of a
mortgage.
Coinsurance
A sharing of the risk of an insurance policy
by more than one insurer. Usually one insurer is
liable up to a certain amount, the other liable
above and beyond that amount.
Commercial
Property
Property which is zoned "commercial" (for
business use), but not industrial.
Commission
Compensation due a real estate broker for
working on behalf of the first time home buyer.
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 to determine value
in the appraisal process. Appraisals are
required before any lender will grant a first or
second mortgage.
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 and is called the common
area. Condominiums are less costly for builders
to build, and can be affordable is designed to
be. As such, they are very popular with first
time home buyers.
Consideration
A required element in all contracts by which
some-thing of value is exchanged for the act or
promise of another (usually to purchase
property).
Contingency
Action conditioned upon a certain event.
Acceptance of the terms of a contract based on
something else happening or certain conditions
being met, such as contingent upon borrower
obtaining first or
second mortgage
financing..
Conveyance
The transfer of title or an interest in real
property to the first time home buyer by means
of a written instrument such as a warranty deed.
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Deed
An instrument to convey property from one
person to the home buyer.
Deed
Of Trust
An instrument used in many states in place
of a first or
second mortgage.
Property is transferred to a trustee by the
borrower in favor of the lender. Upon payment in
full property is conveyed to the borrower from
the trustee.
Delivery
The granting of a deed transferring
ownership. Usually accomplished by delivery of a
deed to the first time home buyer.
Demand
Note
A note having no date for repayment, but due
on demand by the
lender.
Deposit
Money given by the buyer with an offer to
purchase. Shows good faith. Also called earnest
money. When a broker is involved, the first time
home buyer's deposit money is held in an escrow
account until the transaction takes place.
Depreciation
Decrease in value to real property caused by
deterioration or obsolescence, usually used for
tax purposes. In the real world, continuous
monetary inflation masks depreciation.
Discount
Points
A prepaid interest fee associated with the
note rate on the first time home buyer's
loan, the more
discount points you pay, the lower interest rate
you can obtain on your
mortgage.
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 to the home buyer.
Dual
Agency
The representation of opposing principals
(first time home buyer and seller) at the same
time.
Due
on-Sale-Clause
A clause in a
mortgage
loan which gives the lender the right to demand
payment in full upon the sale of property.
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Easement
A right created by grant, agreement, or
necessary implication, which one has in the land
of another, such as right to cross A to get to
B.
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
A claim, lien, charge, or liability attached
to and binding real property.
Equity
The value of a first time home buyer's
interest in real property after any and all
liens, first or
second mortgages, and
charges have been deducted.
Line Of Credit
A combination
of a line of credit and
equity loan. A
mortgage note is
recorded against the potential first time home
buyer's property for said maximum
loan amount. The
potential borrower has the right to borrow, as
needed, up to the amount of the first or
second mortgage note.
Escalation
Clause
A clause in a lease providing for an
increased rental payment at a future time.
Escrow
Delivery of a deed by a grantor to a third party
for delivery to the grantee upon the happening
of a contingent event or events.
Exclusive
Listing
A written contract between a property owner
and a real estate broker, giving the broker the
exclusive right to sell the property for a
commission. The owner promises to pay a fee or
commission (typically a percentage of the
selling price) to the broker if certain real
property of the owner is sold during a certain
period, regardless of whether the broker causes
the sale.
Expert
Testimony
Testimony in court by one acknowledged to
have special training and knowledge in a
particular field. Only testimony pertaining to
the field in which the witness is "expert" is
considered expert testimony. For example, and
loan officer at a bank could provide expert
testimony on
second mortgages,
but not on auto repair.
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, word of
mouth, etc. (2) The direction in which a
property faces.
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Fair
Market Value
An appraisal term for the price which a
property would bring in a competitive market
providing a willing seller and willing first
time home buyer, each of whom has a reasonable
knowledge of all pertinent facts, and neither
being under any duress to buy or sell.
Federal
Deposit Insurance Corporation
The federal corporation which insures
against loss of deposits in participating
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 offering
long term first or
second mortgage
financing to first time home buyers and others
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)
A for-profit
corporation created by Congress to support the
secondary mortgage
market. It purchases and sells residential
mortgages insured by FHA or guaranteed by VA as
conventional
home mortgages.
FHA
(Federal Housing Administration)
A federal agency which insures first
mortgages, enabling
lenders to
loan a very high
percentage of the sale price, and borrowers to
qualify for a
second mortgage loan
with very little down payment.
FHA loans are
used often by first time home buyers because
smaller down payments are needed.
FHLMC
(Freddie Mac)
Federal
Home Loan Mortgage
Corporation
- A federal agency purchasing first ing first
mortgages from members
of the Federal Reserve System, and the Federal
Home Loan Bank System.
Finance
Charge
A total of all costs imposed (primarily
mortgage interest, but
other costs are included as well) directly or
indirectly by the creditor and payable either
directly or indirectly by the first time home
buyer, as defined by the federal
Truth-In-Lending laws.
Financial
Statement
An accounting statement showing assets and
liabilities of the first time home buyer, or any
person or company. Used generally for large
mortgage 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. In most sates, 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 (first) to any
other mortgage (second, third, etc).
First
Refusal Right
A right, granted by an owner, which gives
another person a first chance to buy the
property if the owner decides to sell. The owner
must have a legitimate offer which the person
can match or refuse.
Fixed
Rate
Loan
A
mortgage loan on which
the same rate of interest is charged for the
life of the loan.
Fixture
Personal property which is permanently
attached to the property (such as a built-in
oven), and, as such, becomes part of the real
property.
FNMA
Buydown
FNMA (Federal National
Mortgage Association)
accepts first and
second mortgage 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
for the first time home buyer.
Forfeiture
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. All outstanding mortgage balances are
still due.
Full
Disclosure
In real estate, revealing all the known
facts (good or bad, but primarily bad) which may
affect the decision of the home 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.
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Garnishment
A legal proceeding under which a person's
money in control of another (such as salary) is
taken for payment of a debt (usually taxes). The
amount which may be taken is set by statute
(usually as a percentage), and, in most states,
a judgment is necessary before garnishment.
Georgian
Architecture
A colonial style of architecture dating back
to the eighteenth century and characterized by
first floor windows extending to the ground.
Architectural details and exterior placements
(windows, doors. etc.) are simple and well
balanced yet formal in appearance.
Graduated
Payment
Mortgage
A
mortgage loan calling
for increasingly higher payments over a portion
or entire term of the loan. This allows the
buyer low beginning payments. The payments then
increase as (theoretically) the first time home
buyer's earnings increase.
Grantee
One to whom a grant is made. The buyer of
real property.
Grantor
One who has made a grant. The seller of real
property.
Gross
Income
The scheduled (total) income, either actual
or projected, derived from a business or
property.
Gross
Income Multiplier
A figure which, when multiplied by the
annual gross income, will theoretically
determine the fair market value of an income
producing property. A general rule of thumb
which varies with specific properties and areas.
Grout
Thin mortar used in masonry work to fill
joints between bricks, stone, blocks, tiles.
etc.
Growing
Equity
Mortgage
A fixed rate,
graduated payment
second mortgage
loan allowing low beginning payments and a
shorter term because of higher payments as the
loan progress. Based on the theory of increasing
income by the first time home buyer and,
therefore, ability to make higher future
payments.
Guaranty
Agreement to pay the debt or perform the
obligation of another in the event the debt is
not paid or obligation not performed.
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Hard
Money
Mortgage
A first or
second mortgage given
in return for cash, rather than to borrow a
portion of the purchase price, as with a
purchase money mortgage.
Heir
One who by law receives the estate of a
deceased person.
Hidden
Defect
An encumbrance on a title that is not
apparent in the public records; for example,
unknown heirs, secret marriages and previous
fraudulent transfers.
Holdback
Portion of a
mortgage loan held
back by the lender until a contingency is met,
generally repairs.
Holding
Period
The time period used by the IRS to
differentiate between a long or short term
capital gain. The period during which the
taxpayer owns the capital asset.
Homestead
The dwelling (house and 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.
Home
Warranty Insurance
Private insurance insuring a first time home
buyer against defects (usually in plumbing,
roofing, structural, and electrical) in the home
she has purchased. The period of insurance
varies and both new and used homes may be
insured.
Housing
Starts
Government compiled statistics on number of
houses on which construction has begun. The
figures are used to determine the availability
of housing, need for
real estate loans,
need for labor and materials, etc.
Hypothecate
To
mortgage
or pledge without delivery of the underlying
security to the lender.
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Improvements
Typically buildings, but may include any
permanent structures such as a street,
utilities. etc.
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 specified period of time.
Inheritance
Tax
A tax on the transfer of property from a
deceased person to heirs.
Installment
Contract
A method of purchasing by installment
payments. When referring to real property, the
most common term is a land contract.
Institutional
Lenders
Banks, savings and
loan associations and
other businesses which make first or
second mortgage loans
to first time home buyers and the public in the
ordinary course of business.
Insured
mortgage
A first or
second 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.
Interest
Cap
The maximum interest rate increase of an
adjustable first or
second mortgage loan.
Can be referred to as a yearly cap or a total
cap over the entire life of the
second mortgage
loan.
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 and protect the buyer. The buyer
also has a period (now 3 days) after singing a
purchase agreement, in which to rescind.
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Jetty
(1) A pier or other structure (usually of
stone), built out into a body of water to
protect a harbor. (2) A part of a building which
projects out beyond the exterior walls, such as
an overhanging upper floor, a balcony, etc.
Joint
Appraisal
An appraisal by more than one appraiser, but
one which states common conclusions.
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 judge in a court of law.
Money judgments, when recorded, become a lien on
real property of the defendant.
Judgment
Lien
An involuntary lien against the property of
a judgment debtor.
Jumbo
Loan
A first or
second mortgage
loan of a large amount, usually in excess of
$500,000. Does not typically apply to first time
home buyers.
Just
Compensation
In condemnation the amount paid to the
property owner. The theory is that in order to
be "just," the property owner should be no
richer or poorer than before the taking.
K
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Keyman
Insurance
Insurance of loss (through death or
disability) of a "key" (critically important)
person within a company. The liability is the
estimated cost of the loss (in business lost,
and replacement of the individual). Some
mortgage
lenders require this insurance before lending to
small companies which rely on one or a few "key"
people.
Knot
The hard, irregular shaped defects in
boards, caused by cutting at the point where the
branch of the tree meets the trunk.
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Landowner's
Royalty
In oil and gas and mineral leases, the
portion of the proceeds which goes to the
property owner.
Late
Charge
A penalty for failure of the first time home
buyer to pay an installment payment (typically a
second mortgage loan
payment) on time.
Lease
With Option To Purchase
A lease under which the lessee has the right
to purchase the property for a specified sum.
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 and accurately located by reference
to surveys or recorded maps.
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.
Lien
Waiver
For real estate purposes, a waiver of
mechanic's lien rights, signed by a
subcontractor so that the owner or general
contractor can receive a draw on a
construction loan. The
mortgage lender
usually requires lien waivers to ensure that
subcontractors get paid.
Liquidated
Damages
A specified amount of damages, set forth in
a contract, to be paid by the party breaching
the contract. A predetermined estimate of actual
damages from a breach.
Loan
Ratio
The ratio,
expressed as a percentage, of the amount of a
second mortgage loan to the appraised value or
selling price of real property. Usually, the
higher the percentage, the greater the risk to
the mortgage lender, thus the more 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 first and
second 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 often taxed at a
special rate and not as ordinary income.
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Made
Land
Land formed by human activity, usually by
filling, and not by nature.
Marketable
Title
Title which can be readily sold to a
reasonably prudent buyer aware of the facts and
their legal meaning concerning liens and
encumbrances.
Market
Value
The highest price a willing first time home
buyer would pay and a willing seller accept,
both being fully informed, and the property
exposed for sale to the public for a reasonable
period of time. In times of
low interest rates,
market value tends to be high because
mortgage payments are
lower - home buyers can afford more house and
bid up prices. In times of high interest rates,
payments become expensive and sellers have to
lower their prices for buyers to be able to
afford the monthly payments.
Market
Value Approach
Appraising the value of a property by
comparing the price of similar properties
(comparables) recently sold.
Maturity
Termination period of a note. For example: A
30 year
mortgage has maturity
of 30 years.
Mechanic's
Lien
A lien created by statute for the purpose of
securing priority of payment for the cost of
work performed and materials furnished in
construction or repair of improvements to land,
and which attaches to the property as well as
the improvements.
Metes
and Bounds
A form of land description in which
boundaries are described by courses, directions,
distances and monuments.
Month
To Month Tenancy
A tenancy where no written lease is
involved, rent being paid monthly. Some
obligations as to notice of moving or eviction
may exist by statute, depending upon the state.
Mortgage
(1) To
hypothecate as security, real property for the
payment of a debt owed. 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 first or
second 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,
the mortgages are sold on the secondary market
to investors (many times insurance companies)
within a short time.
Mortgage
Bonds
Bonds issued by
corporations, which offer first
mortgages on real
property of the corporation as security for the
payment of the bonds.
Mortgage
Broker
One who, for a
fee, brings together a borrower and lender, and
handles the necessary applications for the
borrower to obtain a first or
second mortgage loan
against real property by pledging the property
as security. Also called a
loan broker.
Mortgage
Company
A company
authorized to service first or
second mortgage 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 common and accepted view.
Mortgage
Insurance
Insurance
written by a
mortgage insurance
company 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. Very common for first time home buyers.
Mortgage
Life Insurance
A term life
insurance policy for the amount of the declining
balance of a first or
second mortgage 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 balance 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, property
insurance is in force, etc. Servicing may be
done by the lender or a company acting for the
lender, for a servicing fee.
Mutual
Savings Bank
An institution owned by its depositors, as
evidenced by certificates of deposit rather than
stock. These institutions are active in long
term
real estate financing,
as opposed to commercial banks, which
concentrates more on short term
loans.
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Negative
Amortization
A condition created when a first or
second mortgage loan
payment is less than interest alone. Even though
payments are made on time, the balance of the
amount owing increases with the passage of time.
Not recommended for first time home buyers.
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.
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, triple net, and other such repetitions
are used.
Net
Worth
The difference between total assets and
liabilities of a first time home buyer, any
individual, corporation, etc.
Nonbearing
Wall
A wall used only to separate areas, and
which carries only its own weight and does not
support any of the structure.
Nonexclusive
Listing
A listing under which the real estate broker
has the right to sell a property, but also the
owner may sell the property without the
assistance of the agent, and not be liable to
pay a commission.
Non-recourse
loan
A first or
second mortgage
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 certification 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 under one's own free will.
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.
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Oath
An attestation by a person which binds him
or her legally and morally. Usually attesting to
the truth of something, as an affidavit, or the
validity of one's signature. A promise to tell
the truth.
Office
A zoning designation allowing businesses to
carry on their paperwork rather than
manufacturing on the site. Some businesses may
be conducted entirely out of such space, when
only paperwork is involved, such as insurance
companies, law firms, accounting firms, etc.
"One,
Two, Three"
financing
A method of
creative
mortgage financing by
which the buyer (1) assumes an existing second
mortgage loan, (2) secures a
second mortgage loan
from a third party lender, (3) takes a third
mortgage loan from the
seller.
Open
End
mortgage
A
mortgage permitting
the first time home buyer 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 first or
second mortgage loan,
this fee is commonly 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.
Owner
Will Carry
mortgage
A term used to
indicate that the seller is willing to take back
a purchase money
mortgage.
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Partial
Release
A release of a portion of property covered
by a first or
second mortgage. A
developer will obtain a partial release as each
lot is sold, upon payment of an agreed upon
amount.
Participation
Certificates
mortgage securities,
rather than
mortgages. The
advantage of the certificate is that it is
readily marketable.
Partition
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 first or
second mortgage loan,
regardless of the increase in the interest rate.
Payoff
The payment in full of an existing
mortgage 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
typical monthly
mortgage payment for
the first time home buyer.
PITI
Ratio
The PITI 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 first or
second 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).
Points
A fee charged by the lender to fund a first
or
second mortgage loan,
in addition to and separate from other fees
charged. One Point equals one percent of the
amount of the loan.
Power
of Attorney
An authority by which one person (principal)
enables another (attorney in fact) to act for
him.
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 outstanding balance of a first or
second mortgage loan
upon which interest is payable.
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. Very popular with first
time home buyers because homes can be purchased
with a smaller down payment.
Property
Management
The branch of the real estate business dealing
with the management of property. The property
may be a rented house, commercial/retail, an
office building, 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.
Prorate
The method used in dividing charges into
that portion which applies only to a party's
ownership up to particular date. Most commonly
used in determining how much each party owes for
real estate taxes.
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Quadrant
One of the quarters created by two
intersecting roads or streets.
Qualification
The process of reviewing a prospective first
time home buyer's credit and payment capacity
prior to approving a second mortgage loan.
Question
Of Law
Given the facts, what laws, if any, are
applicable - decided by a judge, even in a jury
trial.
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 or guarantee of a valid
interest.
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Rate
Index
An index used to adjust the interest rate of
an adjustable first or
second mortgage loan.
For example: the change in U.S. Treasury
securities (T-Bills) with a 1 year maturity.
Rate
Of Return
The annual percentage of return on
investment on income producing property.
Real
Estate
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 if not attached.
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.
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
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
Replacement of an existing loan with a new
loan on the same property.
Reinstatement
Payment of a note,
mortgage, deed of
trust, etc., to bring it from default to good
standing.
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.
Renegotiable
Rate
mortgage
A mortgage loan
calling for an adjustment in the interest rate
at a given time. Example: A
mortgage
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.
Reservation
A right created and retained by a grantor,
either temporary (such as a life estate), or
permanent (such as an easement running with the
land).
Right
Of Way
A strip of land which is used as a roadbed,
either for a street or railway. May also be
used to describe the right itself to pass over
the land of another.
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Savings
And Loan Association
Originally an association chartered to hold
savings and make first and
second mortgage loans.
Federally insured and regulated. Active in long
term mortgage financing rather than construction
loans.
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 and
second mortgages by
banks, insurance companies, government agencies,
and other mortgagees. This enables lenders to
keep an adequate supply of money for new loans.
Second Mortgage
A
mortgage which ranks
after a first mortgage in priority. Properties
may have two, three, or more
mortgages as liens at
the same time. Legal priority would determine
whether they are called a first, second, third,
etc.
"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.
Surface
Rights
The rights to use the surface of land,
including the right to drill or mine through the
surface when subsurface rights are involved.
Sweat
Equity
A program which allows a first time home
buyer 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 a previous
junior lien.
Survey
The measurement of the boundaries of a
parcel of land, its area, and sometimes its
topography.
Syndicate
An association of individuals, formed for
the purpose of carrying on some particular
business venture in which the members are
mutually interested.
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Tax
Base
The assessed valuation of real property,
which is multiplied by the tax rate to determine
the amount of tax due by the first time home
buyer.
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.
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, be they
planned unit developments or condominiums.
Transfer
Tax
State tax on the transfer of real property.
Based on purchase price or money changing hands.
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 Rate
second 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 by the first time home buyer.
Trustee
In Bankruptcy
One appointed by a bankruptcy court who
holds the property in trust for the creditors.
Trustor
The borrower under a deed of trust. The
person who deeds their property to a trustee as
security for repayment of a
loan.
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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 seller, lender and borrower at, or prior
to, settlement.
Unity
Of Possession
In joint tenancy, the joint tenants must
have equal rights to possession.
Unmarketable
Title
Title which contains defects which would
allow a first time home buyer to be released
from her obligation to purchase, and prevent a
borrower from obtaining a first or
second mortgage.
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.
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Vacancy
Factor
The estimated percentage of vacancies in a
commercial real estate rental project. May be
based on past records of the property, or a
professional estimate if a new project.
Surrounding area buildings, if similar, may be
used for comparison.
Variable
Interest Rate
An interest rate on a first or
second mortgage loan
which fluctuates as the prevailing rate moves up
or down. Popular with first time home buyers
because variable rate loans carry a lower
initial interest rate compared to fixed rate
loans, and thus, a lower monthly payment.
Venue
The county (or other geographical division)
in which an action is brought for trial.
Veterans
Administration
A government
agency that provides
VA loans to veterans. Lower down payments
and interest rates are common benefits of VA
Loans. To Qualify you must prove that you are a
veteran and fill out
VA form 26-1880.
Volt
A term in electronics, being the force
necessary to cause one ampere to flow through a
conductor with a resistance of one ohm. Common
household current is 110 volts, with a 220 volt
circuit used for some cooking appliances.
Industrial uses may require higher voltage.
Voluntary
Lien
A lien placed against real property by the
voluntary act of the owner, commonly, a
mortgage.
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Waive
To knowingly abandon, relinquish, or
surrender a benefit, right, or claim.
Warranty
Deed
A deed used in many states to convey fee
title to real property whereby the grantor
guarantees marketable title to the grantee.
Watt
Hour
The basis used to determine electric bills.
Example: A 60 watt light bulb means that if the
bulb burns for one hour, it will use 60 watts of
electricity.
Weep
Holes
Small holes in a retaining wall purposely
installed to drain off excess water, preventing
water from building up behind the wall.
Without
Recourse
A finance term. A mortgage 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.
Wrap-Around
mortgage
A second or
junior
mortgage with a face
value of both the amount it secures and the
balance due under the first
mortgage loan. The
mortgagee under the wrap-around collects a
payment based on its face value and then pays
the first mortgagee. It is most effective when
the first
mortgage loan has a
lower interest rate than the
second mortgage
loan, since the mortgagee under the wrap-around
gains the difference between the interest rates,
or the mortgagor under the wrap-around may
obtain a lower rate then if refinancing.
Wrought
Iron
A molded form of iron used for decorative
railings, gates, furniture, etc.
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No terms for
letter x.
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Yard
The area between the building and property
line of a residential property (back yard, side
yard, front yard).
Yield
Ratio of income derived from an investment
to the total cost of the investment over a
specified period of time.
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Zero
Lot Line
The construction 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.
Zone
An area of a county or city in which the use
of the land is restricted by law (zoning
ordinance).
Zoning
Ordinance
Laws enacted by local municipalities restricting
the use of real estate.
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