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Acceptance
An agreement to the
terms of an offer.
Adjustable Rate Mortgage
(ARM)
A
loan with an interest rate that is tied to an index. The
interest rate changes periodically in relation to the index,
thus payments may increase or decrease accordingly.
Agent
A person who acts for
or represents another when dealing with buyers and sellers.
Alienation
The transfer of
ownership or an interest in property from one person to another.
Amenity
An attractive or
desirable feature, as of something that adds to one's comfort.
Amortization
A payment plan
structured to gradually reduce the amount borrowed through
payments towards the principal thereby retiring the full amount
of debt at the end of the loan term.
Appraisal
An opinion of property value given by an appraiser as of a given
date.
Appreciation
A rise in value or
price, especially over a period of time.
Appurtenance
Anything that pertains
to the land, but is not necessarily a part of the actual
property. Two common appurtenances are easements and stock
rights in a mutual water company.
ARM
See Adjustable Rate
Mortgage
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Balloon
Payment
The final payment due
on a partially amortized loan. This payment is larger than
preceding payments on the loan.
Beneficiary
A person receiving
benefit. On a trust deed, the beneficiary is the person or
entity entitled to receive payment on a loan.
Bill of Sale
A written agreement used to transfer ownership of personal
property from the seller to the buyer.
Blanket Loan
A loan secured by more
than one parcel of property.
Bona Fide
In good faith; genuine.
Broker
A person who acts as an
agent for the buyer or seller by negotiating the sale for a fee
or commission.
Buy Down
When an interest rate
on a loan is reduced by paying points to a lender.
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CAP
The maximum amount that
the interest rate may increase for the specified time period on
an adjustable rate mortgage.
Chattel
Personal property.
Comps
A term used by real
estate agents that refers to comparable properties.
Condition
A provision in a contract that must be fulfilled in order to
carry out the contract.
Contingency
See Condition
Credit History
A record of an
individual's or company's history of borrowing and repaying of
debt.
Credit Report
A report containing an
individual's or company's credit history prepared by a credit
bureau.
Curb Appeal
The view that buyers
see when they drive by or arrive for a showing of a property.
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Deposit
Money offered in good
faith for the purchase of real estate. Also referred to as
earnest money.
Deposit Receipt
A purchase agreement
presented to the seller as a buyer's offer to purchase real
estate. Also the buyer's receipt for the deposit.
Discount Points
A percentage of the
loan paid to the lender at the time the loan is made.
A point is one percent of the loan amount.
Dual Agent
An agent who represents
both the buyer and the seller in a transaction.
Dwelling
A place to live in such
as a residence.
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Earnest
Money
Money offered in good
faith for the purchase of real estate.
Easement
A right of way held by
a person or entity other than the owner to access real property
for a particular purpose. A common example would be an
easement granted to a utility company for access to a specific
area of private property.
Eminent Domain
The government's right
to take private property for public use, as long as the owner is
fairly compensated.
Equity
The financial interest
of the property owner. It is the difference between the value of
the property, and the outstanding mortgage's and other liens on
the property.
Erosion
The gradual loss of
land due to natural processes such as the action of water.
Escrow
A neutral third party
who holds funds in a transaction between the buyer and the
seller until specified conditions have been met.
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Fair
Market Value
The price of property
that a buyer is willing to buy and a seller is willing to sell
on the open market.
FDIC (The Federal Deposit
Insurance Corporation)
Insures deposits in
member banks for a specified dollar limit. Headquartered
in the District of Columbia and managed by a Board of Directors
whom are appointed by the President and confirmed by the Senate.
Fiduciary Relationship
A relationship of trust
and confidence such as the relationship between the agent and
the buyer or seller.
Fixed Rate Mortgage
A mortgage with an
interest rate that remains constant over the life of the loan.
Fixture
An item of
personal property that
has become attached or affixed to real property.
Frontage
The section of property
that extends along a street or a body of water.
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Gift
Funds given to a buyer
as a present. In cases where a gift is given to a buyer by
a friend or relative for a down payment, the buyer must sign a
document stating that the money is a gift and that it does not
have to be repaid.
Good Faith Estimate
An estimate provided by
the lender of all costs for acquiring a loan.
Government
Survey Description
A legal description
that divides land into squares called townships which are
divided into 36 sections. Each section is approximately
one mile square and contains approximately 640 acres.
Grant Deed
A written document that
transfers legal title of real property. Common in western
states.
Grantee
The party who receives
a transfer of real property.
Grantor
The party who transfers
real property.
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Hazard
Insurance
A form of
insurance that protects
a property owner against property damage. Lenders will
require an owner or buyer to show proof of or acquire a hazard
insurance policy when refinancing or financing the purchase of
property.
Home Equity Loan
A loan that allows an
owner to borrow funds by using the equity in the home.
This type of loan is often used to pay for major expenses and
purchases, debt consolidation, and home improvements.
Homeowner's Exemption
A property tax
exemption of a specified amount provided to an owner that
occupies a dwelling as
a primary residence. To claim the exemption, a Homeowner's
Exemption Form can be filed with the Assessor's Office.
The form need only be filed once and the exemption will continue
for succeeding years.
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Impound
Account
A bank account established by a lender to collect and disburse
insurance premiums and property taxes.
Index
An economic indicator that is used by lenders as a basis for
rate adjustments on
Adjustable Rate
Mortgage's (ARM's).
Interest
The charge for the borrowing of money for a period of time.
Interest Rate
The charge for the borrowing of money expressed as a percentage.
Interest Rate CAP
The maximum amount that
the interest rate may increase for the specified time period on
an adjustable rate mortgage.
Intestate
A person who dies having made no will, or one which is
defective.
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Joint
Tenancy
Ownership by two or more persons with equal undivided interests
and the right of survivorship.
Jumbo Loan
A loan that exceeds the conforming limits set by the Federal
National Mortgage Association (FNMA, "Fannie Mae") and the
Government National Mortgage Association (GNMA, "Ginnie Mae").
Junior Loan
A loan that is subordinate to a previous loan.
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Key Lot
A lot that is surrounded by the backyards of other lots.
So named because it resembles a key fitting into a lock.
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Legacy
A gift of personal property by will.
Legal Description
A precise description of property such as a government survey
description, a lot and block description, or a metes and bounds
description.
Lessee
One who leases property from another; renter or tenant.
Lessor
One who leases property to another; landlord or property owner.
Loan-To-Value (LTV)
The percentage of a property's value that a lender is willing to
loan to a borrower.
Lot and Block Description
A legal description used for platted property which states the
property's lot number and block number in a particular
subdivision.
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Margin
The difference between
the index rate and the interest charged on an
Adjustable Rate Mortgage
(ARM).
Market Value
The price of property
that a buyer is willing to buy and a seller is willing to sell
on the open market.
Maturity
When a loan completes its term. For example, a loan with a
term of 30 years reaches maturity in 30 years.
Metes and Bounds
Description
A legal property
description that starts at an easily identifiable location, then
describes the property's boundaries in terms of compass
directions and distances, ultimately retuning to the original
location.
Multiple Listing Service
(MLS)
A service that permits
member brokers to help find a buyer for property listed in the
service. When a member broker procures a sale of another
brokers listing, the listing broker pays the procuring broker a
share of the commission.
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Negative
Amortization
Occurs when the monthly loan payment does not cover the monthly
interest and principal.
Negative
Amortization CAP
A limit on the amount of negative amortization in a loan such as
an
Adjustable Rate
Mortgage (ARM).
Non-conforming Loan
A loan that does not meet conforming criteria set by the Federal
National Mortgage Association (FNMA, "Fannie Mae") and the
Government National Mortgage Association (GNMA, "Ginnie Mae").
Notary Public
An official authorized to witness and certify the signing of a
legal document. Also known as a notary.
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Obsolescence
A loss in value of a structure due to reduced desirability and
usefulness because its design and construction have become
obsolete; a loss in income due to an outdated structure.
Option
The right to buy, sell or lease property at a specific price
within a specified period of time.
Ordinance
A law passed by local government such as a city council or
county board of supervisors.
Ownership in Severalty
Ownership by a single individual.
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Personal
Property
Anything that is movable and not affixed to land. Also
known as chattel and is sold using a bill of sale.
PMI
See Private Mortgage Insurance.
Points
A percentage of the
loan paid to the lender at the time the loan is made.
A point is one percent of the loan amount.
Principal
The amount borrowed or
remains unpaid excluding interest. On a monthly mortgage
statement, it is the amount that is paid towards reducing the
remaining loan balance.
Private
Mortgage Insurance (PMI)
Protects the lender against loss in the event of borrower
default. Required on certain types of loans.
Promissory Note
A written evidence of debt.
Purchase Agreement
An agreement presented
to the seller as a buyer's offer to purchase real estate.
Also the buyer's receipt for the deposit.
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Quitclaim Deed
Conveys any interest that a grantor has in real property at the
time the deed is executed.
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Range
Used in the government survey system, a strip of land six miles
wide that runs north and south.
Ready, Willing,
and Able Buyer
A buyer ready to make an offer to purchase property on
acceptable terms and having the proper financing to complete the
purchase.
Real Property
Land with anything
permanently attached to it; anything appurtenant to land; and
anything immovable by law.
Reconveyance Deed
An instrument that
releases the security property from the lien created by the
trust deed. Recorded by the trustee when the borrower has
paid the debt in full.
Replacement Cost
The cost of replacing a
structure with an equivalent, but using modern materials, and
according to current standards, design, and layout.
Reproduction Cost
The cost to replace the
subject structure with an exact replica, having the same quality
of workmanship, design, and layout.
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Section
Used in the government
survey system, a section is one mile square and contains 640
acres.
Seizin
The
legal possession of a freehold estate; ownership.
Separate Property
Property owned by
husband or a wife that is not community property. Includes
property acquired before marriage, or by gift or inheritance
after marriage.
Severalty
See Ownership in
Severalty.
Severance
Terminates a joint
tenancy and changes it into a tenancy in common.
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Testator
A man who has made a
will.
Testatrix
A woman who has made a
will.
The Federal Deposit Insurance
Corporation (FDIC)
Insures deposits in
member banks for a specified dollar limit. Headquartered
in the District of Columbia and managed by a Board of Directors
whom are appointed by the President and confirmed by the Senate.
Title
Ownership of real
property. Also, a legal document that is evidence of
property ownership.
Title Report
A report issued by a
title company, disclosing the condition of title to a property.
Trust Deed
A legal document that
creates a voluntary lien on real property to secure the
repayment of debt.
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Underwriting
A lender's technical
analysis of a borrower's ability to repay a particular loan.
Upside Down
A situation where the
debt on the property is greater than the property value.
Urban
A classification of the
Census Bureau for a community having 2,500 or more people.
Urban Area
A Census Bureau
classification for communities having
50,000 or more population with a density of 1,000 or more per
square mile.
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Valid
Legally binding.
Verification of Deposit
A document sent by a
lender to a borrower's bank requesting verification of a
borrower's funds.
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Will
A legal document stipulating a
person's
disposition
of his or her estate after his or her death.
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Yield
The interest earned by an investor on an investment.
Yield Rate
The yield expressed as a percentage of the total investment.
Zoning
The regulation of the uses of real property by government
agencies. It restricts certain geographic areas or zones
to certain uses, such as commercial, industrial, multi-use, and
residential.
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