Deed
 A written document that conveys the ownership of real estate from one person or party to another
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Deed-in-lieu, or Deed-in-lieu of foreclosure.
 A deed given by a mortgagor to the mortgagee when the mortgage is in default, to avoid foreclosure
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Deed of trust
 A written document that grants a trustee, in the event of foreclosure, the full power to sell, mortgage and subdivide the property in question
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Deed Restriction
 A clause in a Deed that limits the uses of the property (e.g., types or quantities of structures permitted)
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Default
 The failure to meet the legal obligations in a contract; in real estate, failure to pay mortgage payments as scheduled or to comply with other stipulations of the mortgage
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Deferred interest
 Interest on a mortgage which is delayed because the monthly payment of the mortgage is not large enough to cover the entire principal and interest due, and therefore is added to the loan balance See "negative amortization"
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Deficiency judgment.
 A claim made by the holder of a note against the maker, in the event that a foreclosure sale does not bring in enough proceeds to fully cover the note and the costs of sale, for the difference
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Delivery
 The final, unconditional and absolute transfer of a Deed from seller to buyer, such that the seller cannot revoke the transfer of ownership; the Deed itself does not pass title until the seller delivers it to the buyer
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Depreciation
 A decline in the value of property, due to any cause; the opposite of appreciation Also an expense deduction taken for tax purposes over the period of owning income property
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Devise
 To dispose or convey ownership of real property via a will.
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Disclosure
 A statement of facts made by the buyer about the condition of a property being sold and its surrounding area, required by law in most US states.
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Discount point
 A unit of measurement used for loan charges, with one point equaling 1 percent of the value of the loan.
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Dower
 The rights of a spouse to the property of their deceased spouse.
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Down payment
 The amount of the purchase price of a property paid in cash (i.e. not financed with a mortgage) that is required to secure the property; typically 20%.
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Dual agency
 Representation of opposing parties in a transaction (e.g. when a realtor is the agent for both buyer and seller); requires consent of both parties to be allowed, and is illegal in some US states
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Due-on-sale clause
 A provision in a mortgage allowing the lender to demand payment of the entire balance of the note if the mortgagor sells or otherwise transfers the property
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Earnest money.
 A deposit made of a portion of the purchase price by the buyer to demonstrate his or her serious intent to purchase the property, usually accompanied by an agreement outlining the terms and conditions of the sale
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Easement
 The permanent or temporary right to use the property of another for a specific purpose — e.g. for access over the property, putting up utility lines, etc.
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Egress
 The right to leave or exit over a piece of property.
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Eminent domain
 The right of the government to take over private property for public purposes upon payment of its fair market value.
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Encroachment
 A physical, illegal intrusion onto another's adjoining property; examples are a structure, driveway, fence.
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Encumbrance
 Any claim against the fee simple title to a property, such as a lien, mortgage, or easement.
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Equal Credit Opportunity Act (ECOA)
 A federal law that requires lenders and other creditors to make credit equally available without discrimination based on race, color, religion, national origin, age, sex, marital status, or receipt of income from public assistance programs
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Equity
 The owner's financial interest in a property, over and above any indebtedness for that property; or the difference between the fair market value of the property, and the amount still owed on its mortgage
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Equity Sharing
 A form of joint ownership between an owner/occupant and an owner/investor, whereby the owner/investor receives depreciation deductions as his portion of interest in the property, and the owner/occupant receives some of the tax write-offs for interest and taxes, as well as part of his monthly payment being applied against his rent. If the property were sold, the co-owners would also divide the profit
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Escheat
 Property that reverts to state ownership when an individual dies without a will and without heirs
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Escrow
 A deed, contract, or something of value deposited with a disinterested third party, to be delivered upon the performance of certain conditions by the parties involved; e.g., an attorney or escrow agent taking custody of funds and documents upon the closing of a sale of real estate
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Escrow account
 An account established by an escrow agent to hold funds for the agent's principal until the consummation of the transaction.
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Escrow instructions
 A document that outlines the duties of the escrow agent and the obligations of the parties involved in an escrow transaction.
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Escrow payment; also "impounds" or "reserves" in some states.
 The portion of a mortgagor's monthly payment that is retained by the escrow agent to cover the costs of taxes, hazard or mortgage insurance, lease payments, and other costs incurred in the course of the transaction
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Estate
 An individual's possessions and property, relevant particularly at the time of death.
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Eviction
 The legally directed removal of an occupant from real property.
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Exclusive right-to-sell listing
 A written contract giving a licensed real estate broker the exclusive right to sell a property for a designated period of time, on terms stated by the owner, for a fee, while also reserving the owner's right to sell the property himself, without paying anyone a commission
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Executor
 A person named in a will, or in the absence of such designation, appointed by the probate court, to administer an estate and carry out its terms.
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Extended Mortgage
 A mortgage in which the due date of payment is extended, and is usually charged at a higher interest rate than the original mortgage.
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Fair Credit Reporting Act
 A federal law that regulates the disclosure of consumer credit reports by consumer/credit reporting agencies, and establishes procedures for rectifying errors on individuals' credit records
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Fair Housing Act
 A federal law which prohibits discrimination in housing based on race, color, religion, sex, handicap, familial status and national origin
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Fair market value
 The highest price that a buyer, who is willing but not required to buy, would pay for a piece of property or home, and the lowest price that a seller, who is willing but not required to sell, would accept
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Fannie Mae
 The Federal National Mortgage Association (also FNMA), a private corporation which is federally chartered to provide financial products and services that increase the availability and affordability of housing, by purchasing mortgages from banks and other lending institutions; the FNMA is the largest non-bank financial services company in the world, as well as the largest resource for financing of home mortgages in the U.S.
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Farmer's Home Administration (FmHA)
 A federal agency that provides credit assistance to farmers and other individuals residing in rural areas of the U.S.
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Federal Deposit Insurance Corporation (FDIC)
 An independent federal agency that insures the deposits in commercial banks.
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Federal Home Loan Mortgage Corporation (FHLMC)
 A corporation established to purchase primarily conventional mortgage loans in the secondary mortgage market.
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Federal Housing Administration (FHA)
 An agency of the U.S. Department of Housing and Urban Development (HUD), whose function is the insuring of residential mortgage loans made by private lenders; while setting standards for construction and underwriting, the FHA itself does not lend money, or construct housing
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FHA insurance
 Mortgage insurance provided by the Federal Housing Administration to protect banks, savings and loans, and mortgage companies against loss on real estate loans
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FHA loan
 A loan insured by the Federal Housing Administration, and made by an approved lender in accordance with the FHA's regulations.
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Federal National Mortgage Association (FNMA)
 A governmental agency established to purchase any kind of mortgage loans in the secondary mortgage market from the primary lenders.
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Fee simple
 The greatest interest in a parcel of land that is possible, or the total interest in real property.
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Fiduciary relationship
 A relationship of trust and confidence, as between principal and agent, trustee and beneficiary, attorney and client.
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Finder's fee
 A commission paid to a mortgage broker for sourcing a mortgage loan for a prospective borrower.
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First mortgage
 A mortgage that is the primary lien against a property.
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Fixed-rate mortgage (FRM)
 A mortgage in which the interest rate remains fixed over the duration of the term of the loan.
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Fixture
 Any item of property that is attached to real property such that it becomes a permanent part of the real property, and therefore is usually sold with it.
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Foreclosure
 A legal proceeding usually initiated by the lender or creditors, involving a forced sale of a property owned by a borrower who has defaulted on payment of, or on the terms of, a loan on said property, and whereby the borrower is deprived of his or her interest in the property
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Forfeiture
 The loss of money, property, rights, or privileges due to a breach of legal obligation.
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Forfeiture of Title
 The provision in a deed that accounts for title being passed to another, should certain terms not be met or certain circumstances occur.
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Freddie Mac
 The Federal Home Loan Mortgage Corporation (also FHLMC), a private corporation that is federally chartered to purchases and sells mortgage loans; a major player in the secondary market, along with the Federal National Mortgage Associate (FNMA)
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Front ratio
 The ratio of a potential borrower's monthly housing costs to their gross monthly income, utilized by lenders to qualify an applicant for a loan; typically 28-40 percent is acceptable.
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Fully amortized ARM
 An adjustable-rate mortgage (ARM) with a monthly payment that is sufficient to pay off the remaining balance at the interest accrual rate over the amortization term.
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Fully indexed note rate
 Te index value at the time of application for an adjustable rate mortgage (ARM) plus the gross margin stated in the note.
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General warranty deed
 A deed in which the grantor warrants title against all claims, offering the greatest guarantee of protection of any type of deed, and which is used in most real estate deed transfers of title
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Ginnie Mae
 The Government National Mortgage Association (GNMA), a United States corporation that guarantees privately issued securities backed by pools of mortgages insured by the Federal Housing Administration, the Farmers Home Administration, or the Veterans Administration
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Graduated-payment mortgage (GPM)
 A flexible-payment mortgage with monthly principal and interest payments that increase by a certain percentage each year for a certain number of years, and then level off for the remainder of the term
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Grantee
 The person who, by written document, receives title or an interest in real property from a grantor
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Grantor
 The person who, by written document, transfers title to or an interest in real property to a grantee.
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Gross Lease
 The most common of residential leases, whereby the landlord pays for all property expenses incurred through ownership, such as taxes, insurance, repairs, etc.
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Ground Lease
 A long-term lease of land (usually 99 years) that allows the lessee to build and use the land as agreed in the lease, at the end of which, the land and any improvements revert to the owner
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Ground rent
 The payment made for the use of land when the title to the property is of a leasehold estate, rather than as a fee simple estate
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Growing-equity mortgage (GEM)
 A fixed-rate loan for which the monthly payments increase over a designated period of time, with the increased amount of the monthly payment being applied directly to the principal balance, thereby shortening the term of the loan
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Guarantee mortgage, or Insured mortgage[/TAG-TEC]
 A mortgage that is guaranteed against default by a third party (such as the FHA), and for which the borrower must pay an insurance premium.
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Guardian
 An individual designated by the Court to protect and preserve the property of someone who is not able to manage his or her own affairs.
See "Conservator".
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Hazard insurance
 Insurance protection for specified losses due to natural causes, such as fire, floods, earthquake, tornadoes, and other "acts of God".
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Heir
 An individual who will potentially inherit an interest in land from someone who dies.
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Hiatus
 A gap or space between two parcels of lands that is not included in the legal description of either parcel.
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Home equity line of credit, or Home equity loan
 A mortgage loan (usually not the primary mortgage) or line of credit which gives the property owner the option to obtain cash advances from the loan proceeds, using his or her residence as collateral, but which is not to exceed a pre-arranged amount of the owner's total equity in the property
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Homeowners' association
 A nonprofit association of individual owners of units in a multi-unit structure (either a planned unit development, or a condominium) that manages the common areas of that structure. In a planned unit development (PUD) project, the association holds title to the common elements, whereas in a condominium project, it holds no title to the common elements
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Homeowner's insurance
 An insurance policy available to residential real estate owners that protects homeowners against financial loss from fire, theft, public liability, and other risks.
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Homestead
 Real estate that is owned and utilized as the primary family residence, protected in some states as exempt from the claims of creditors.
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Homestead deed
 A document filed in the land records asserting a homestead exemption, protecting a variable amount of his assets (depending on which state) against the claims of creditors
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Housing ratio, or Debt-to-income ratio
 The percentage that results from dividing a borrower's housing expenses by his/her gross monthly income, used by the lender to evaluate an applicant's qualification for a loan
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HUD-1 statement
 The document used in closing a real estate transaction (also known as a "closing statement" or a "settlement sheet") which itemizes the funds that are payable at closing, including broker commissions, loan costs, and escrow amounts, and which provides a summary of the seller's net proceeds and the buyer's net payment at closing. It is required by the US Department of Housing and Urban Development (HUD) whenever federally-related mortgages are being made on residential properties.
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Impound, or Reserves
 The portion of a borrower's monthly payments held by the lender to pay for taxes, hazard and mortgage insurance, lease payments, and other items that will come due.
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Income approach
 The method of estimating the value of a property by calculating its generated income.
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Income property
 Real estate developed for the purpose of generating income.
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Indemnify
 To provide for compensation in the case of loss or damage to property.
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Indemnity
 The statement of terms under which loss or damage to property will be compensated.
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Index
 A published interest rate used by lenders to compare the interest rate for an adjustable-rate mortgage (ARM) with that earned by other investments (e.g., the yield on Treasury bills, interest rate on loans from savings and loans institution, etc.), as a result of which the ARM interest rate is adjusted
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Ingress
 The right to enter on or over a piece of property.
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Insurable Title
 A property title which an insurance company is willing to insure against possible claim.
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Installment contract, or Contract for deed
 A contract for the sale of real estate whereby the buyer is in possession of the property while paying off the purchase price in periodic installments, despite the title being retained by the seller until the future date of final payment
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Insured closing letter
 An indemnity provided by a title insurance company to a lender, whereby the title insurance company assumes responsibility in the case that the closing agent does not fulfill the terms of the loan, or misappropriates the loan proceeds
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Insured mortgage
 A mortgage that is protected by the Federal Housing Administration (FHA) or by private mortgage insurance (MI) so that if the borrower defaults on the loan, the insurer compensates the lender the lesser of the loss incurred or the actual insured amount
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Interest rate buydown plan
 An arrangement made for the initial years of a mortgage whereby the seller (or any other party) deposits money into an account that is then released toward the monthly payments on the mortgage, thereby bringing the mortgagor's interest rate down below the actual interest rate
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Interest rate ceiling
 The maximum interest rate for an adjustable-rate mortgage (ARM), as specified in the mortgage note.
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Interest rate floor
 The minimum interest rate for an adjustable-rate mortgage (ARM), as specified in the mortgage note.
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Interim financing
 A temporary or short-term loan, often made during the construction phase of a building project, and usually replaced by a permanent long-term mortgage.
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In testate
 The condition of dying without leaving a will. The description of an estate without a will.
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Involuntary lien
 A claim or charge against property placed without the consent of the property's owner.
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Joint Ownership Agreement
 An agreement made between two or more owners of the same property, defining their rights and responsibilities (e.g. recommended in the case of married owners of property)
See Equity sharing.
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Joint tenancy, or Tenants by the entirety
 Ownership of real estate by two or more parties held jointly for life; if one of the owners dies, the survivor(s) inherit the property without reference to the deceased's will.
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Judgment
 A decision or decree made by a court of law.
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Judgment lien
 A claim against the real property of a debtor, as decreed by the court.
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Jumbo loan, or Non-conforming loan
 A loan amount that exceeds the limits set by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; because such loan cannot be funded by these two agencies, it carries a higher interest rate
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Junior mortgage, or Secondary mortgage
 A mortgage whose claim to repayment is of lesser priority than another, previously recorded mortgage.
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Land contract
 See Contract for deed.
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Late charge
 The penalty a borrower pays when a payment is made after the due date.
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Lease
 A written agreement between the property owner and a tenant that stipulates rent to be paid, as well as the terms under which the tenant may reside in the real estate for a designated period of time
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Leasehold estate
 The tenant's right to title to a property for a specific period of time whereby the tenant does not actually own the property but has a long-term lease on it.
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Lease option
 A lease that gives the tenant the right to purchase the property, either during the lease term or at its end.
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Lender's Title Insurance
 An insurance policy covering a lender for the loan amount, whereby the coverage declines in amount as the loan is paid off, to the point where there coverage ends when the loan is paid completely
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Lessee
 The individual or party who takes property upon a lease.
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Lessor
 The individual or party who grants property upon a lease.
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Liabilities
 An individual's financial obligations.
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Lien
 A legal claim or charge allowed to a creditor against a debtor's property that must be paid when the property is sold to transfer title.
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Life estate
 The right to use, occupy and own, for the duration of the life of the individual.
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Lifetime payment cap, or Lifetime rate cap
 The limit on the amount that payments can increase or decrease over the term of an adjustable-rate mortgage (ARM).
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Liquid asset[/TAG-TEC]
 Cash, or an asset that can be readily converted into cash.
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Liquidated damages
 The compensation predetermined by both parties to a contract to be paid to the injured party, should the other party breach the contract.
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Lis pendens
 A legal document filed in either a federal or state court indicating that a suit is pending against property located in the county where the notice is recorded.
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Listing agreement
 A contract by which a broker is employed by the seller to find a buyer for the seller's real estate, according to the seller's terms, and for which service, the broker is paid a commission
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Listing broker
 A broker whose office initiates the property listing (as opposed to the cooperating broker, whose office negotiates the sale); the listing broker and the cooperating broker may be the same person
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Loan origination
 The process by which a lender sets up a mortgage loan secured by real property.
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Loan origination fee
 The fee charged by the lender to the borrower for setting up a mortgage loan, usually computed as a percentage of the total mortgage amount.
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Loan-to-value (LTV) percentage
 The proportion of the amount of the mortgage loan against the appraised value or sales price of the piece of property being pledged as collateral; e.g., a home with appraised value of $100,000 but with a $90,000 mortgage has a LTC of 90 percent
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Lock-in
 A guaranteed interest rate established at the time of closing which is honored if the mortgage closes within a certain period of time, also usually establishing the number of points to be paid at closing as well
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Lock-in period
 The time period during which the set interest rate is guaranteed to the borrower.
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Loss Payable Clause
 A provision in an insurance policy that provides payment for any loss to two or more parties, as their interest so justifies, the two parties typically being the owner and the lender.
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Lot
 A parcel of land with fixed boundaries as determined by a survey.
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Majority
 The age at which an individual is legally entitled to handle his or her own affairs.
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Margin
 The amount added to the index on an adjustable-rate mortgage (ARM) that establishes the adjusted interest rate at a given time.
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Market value, or Fair market value
 The most likely price that a piece of property or home can realistically be sold for, and is dependent on the selling price of similar real estate in the area.
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Marketable title
 A clear, unencumbered title, reasonably acceptable without the threat of the risk of litigation.
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Maturity
 The date on which the principal balance of a loan, bond, or other financial commitment is due and payable.
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Mechanic's lien
 A lien created by statute to allow unpaid contractors, laborers or suppliers who have performed work on or furnished materials for the construction of a building to recover the value of their work
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Metes and Bounds
 Means for describing property by a set of directions and distances, when there isn't identification based on a surveyed lot number.
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Minor
 An individual below the age at which he or she is legally entitled to handle his or her own affairs.
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Monument of Survey
 le indications made on natural or man-made objects that indicate the boundaries of a survey.
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Mortgage
 A legal document that pledges a property to the lender as security for the payment of a loan or debt.
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Mortgage broker
 An individual or company that acts as an agent between borrowers and lenders for the purpose of arranging and negotiating mortgage contracts; who is paid a fee for such service
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Mortgage insurance
 A contract that guarantees the lender against loss caused by a mortgagor's default on a government or conventional mortgage; such insurance can be issued by a private company or by a government agency, and covers either only a percentage, or the total, of the mortgage loan
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Mortgagee
 The lender in a mortgage transaction.
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Mortgagor
 The borrower in a mortgage transaction.
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Multiple-listing service (MLS)
 An organization of brokers who share their listing agreements with one another in order to find buyers for their properties more effectively than they could individually.
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Abstract of title
 A condensed history or summary of all transactions affecting a particular parcel of real estate, including the original grant, all conveyances and encumbrances affecting the property, and the abstractor's certification of the history's accuracy.
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Acceleration clause
 A clause in a mortgage that gives the lender the right to require payment of the entire principal balance if the borrower defaults on an installment payment or other covenant.
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Acceptance
 An offeree's consent to enter into, and be bound by the terms of, a contract.
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Access
 The right to enter and exit a parcel of land from a public way, including the right to enter and exit via land belonging to others.
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Acknowledgment
 The confirmation by which a party executing a legal document confirms his signature and voluntary agreement with the terms of the document, made before an authorized officer of the Court or notary public.
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Acre
 43,560 square feet of land.
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Adjustable-rate mortgage (ARM)
 A mortgage with interest rates that may fluctuate based on market conditions; the lender is permitted to adjust the mortgage's interest rate periodically, though most ARM's are limited in the amount that the interest rates can vary.
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Adjusted basis
 The total of the original cost of a property and the value of any capital expenditures for improvements done to it, minus any depreciation taken.
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Adjustment date
 The date on which the interest rate changes for an adjustable-rate mortgage (ARM).
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Adjustment period
 The period of time between the adjustment dates for an adjustable-rate mortgage (ARM).
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Administrator
 A person appointed by a probate court to administer the estate of an individual who has died without a will.
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Adverse Possession
 A claim made against the land titled to another person, by virtue of open and hostile possession and use of the land to the exclusion of the titled owner.
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Affidavit of title
 A sworn statement that is made in writing under oath by a seller of real property, and certified by a notary public, in which the seller identifies himself or herself, indicates marital status, certifies that no defects have occurred in the title since the examination of the title on the date of the contract, and confirms that he or she is in possession of the property (if applicable).
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Agency
 The relationship between two or more persons wherein the agent is authorized to act on behalf of another person (or principal) in certain transactions.
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Agent
 A person or company that acts on behalf of another to transact business, generally in exchange for payment. In real estate, it is a person or company with a real estate license working under the authority of a real estate broker.
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Alienation
 The act of transferring property to another, either voluntarily (via a sale), or involuntarily (via adverse possession).
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Alienation clause
 The clause in a mortgage or deed of trust which asserts the lender's option to require that the balance of the secured debt becomes immediately due and payable if the property is sold by the borrower, preventing the borrower from assigning the debt without the lender's approval.
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ALTA
 American Land Title Association, the national association of title insurance companies, abstractors and attorneys specializing in real property law, headquartered in Washington, D.C.
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Amenity
 A natural or manmade feature of real property that enhances its value and attractiveness, though it is not essential to the property's use.
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Amortization
 The process of payment of a debt or mortgage loan over time by installments.
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Amortization schedule
 A timetable for repayment of a debt or mortgage loan, showing the amount of each payment, what portion is applied to interest and principal, and the remaining balance.
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Amortization term
 The amount of time required to repay the mortgage loan, expressed in number of months.
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Amortize
 To pay off a loan or mortgage with periodic payments that cover both principal and interest.
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Amortized loan
 A loan in which both the principal and interest are payable in monthly or other periodic installments over the term of the loan, with no balloon payment prior to maturity.
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Annual mortgagor statement
 An annual report sent to the borrower (mortgagor) each year, showing the amount paid in taxes and interest during the year, as well as the remaining mortgage loan balance.
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Annual percentage rate (APR)
 The overall cost of a mortgage, including interest, mortgage insurance, and loan origination fee (points), stated as a yearly percentage, thus allowing buyers to compare different types of mortgages based on the associated annual finance charges; the APR must be disclosed to borrowers by lenders, per the Truth-in-Lending Act.
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Annuity
 The return, including interest, from an investment of capital, paid in a series of regular payments.
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Appraisal
 A written estimate of the value of an asset or property prepared by a qualified, independent party, through which the asset or property value is determined.
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Appraised value
 The estimate of a property's fair market value, based on an appraiser's analysis of the property.
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Appraiser
 An individual educated to estimate the value of real property and personal property.
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Appreciation
 An increase in the worth of a property due to changes in economic conditions or other causes; the opposite of depreciation.
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Appurtenance
 Anything attached to, or used with, a parcel of land that will go to the new owner on conveyance of the land.
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ARM
 Adjustable-rate Mortgage. Also see "Variable Rate Mortgage".
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Assessment
 A tax, charge or levy against a property made by the government, based on its value, and levied for a specific purpose, such as to finance sidewalks, a sewer, etc.
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Assessment rolls
 The public record of taxable property.
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Assessor
 A public official who evaluates the value of a property for taxation purposes.
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Asset
 Anything of monetary value owned by an individual, including real property, personal property, and enforceable claims against others (bank accounts, stocks, mutual funds, etc.)
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Assign
 To transfer interest.
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Assignee
 One who receives an assignment or transfer of rights.
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Assignor
 One who makes an assignment or transfer of rights to another.
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Assumable mortgage
 A mortgage that allows a new owner to take over its obligations.
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Assumption
 The process of transferring the seller's existing mortgage and liability for payments to the buyer when purchasing a property, which usually saves the buyer money, since assuming a new mortgage incurs additional closing costs and possibly higher interest charges.
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Assumption clause
 The provision in an assumable mortgage that allows a buyer to take responsibility for that mortgage from the seller.
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Attachment
 Seizure of property through Court process to force payment of a debt.
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Attorney-in-fact
 One who holds a power of attorney from another to execute legal documents on behalf of the grantor of the power .
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