September 1, 2007

D


 A written document that conveys the ownership of real estate from one person or party to another
 
.
 A deed given by a mortgagor to the mortgagee when the mortgage is in default, to avoid foreclosure
 

 A written document that grants a trustee, in the event of foreclosure, the full power to sell, mortgage and subdivide the property in question
 

 A clause in a Deed that limits the uses of the property (e.g., types or quantities of structures permitted)
 

 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
 

 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"
 
.
 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
 

 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
 

 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
 

 To dispose or convey ownership of real property via a will.
 

 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.
 

 A unit of measurement used for loan charges, with one point equaling 1 percent of the value of the loan.
 

 The rights of a spouse to the property of their deceased spouse.
 

 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%.
 

 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
 

 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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E

.
 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
 

 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.
 

 The right to leave or exit over a piece of property.
 

 The right of the government to take over private property for public purposes upon payment of its fair market value.
 

 A physical, illegal intrusion onto another's adjoining property; examples are a structure, driveway, fence.
 

 Any claim against the fee simple title to a property, such as a lien, mortgage, or easement.
 
(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
 

 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
 

 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
 

 Property that reverts to state ownership when an individual dies without a will and without heirs
 

 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
 

 An account established by an escrow agent to hold funds for the agent's principal until the consummation of the transaction.
 

 A document that outlines the duties of the escrow agent and the obligations of the parties involved in an escrow transaction.
 
; 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
 

 An individual's possessions and property, relevant particularly at the time of death.
 

 The legally directed removal of an occupant from real property.
 

 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
 

 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.
 

 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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F


 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
 

 A federal law which prohibits discrimination in housing based on race, color, religion, sex, handicap, familial status and national origin
 

 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
 

 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.
 
(FmHA)
 A federal agency that provides credit assistance to farmers and other individuals residing in rural areas of the U.S.
 
(FDIC)
 An independent federal agency that insures the deposits in commercial banks.
 
(FHLMC)
 A corporation established to purchase primarily conventional mortgage loans in the secondary mortgage market.
 
(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
 

 Mortgage insurance provided by the Federal Housing Administration to protect banks, savings and loans, and mortgage companies against loss on real estate loans
 

 A loan insured by the Federal Housing Administration, and made by an approved lender in accordance with the FHA's regulations.
 
(FNMA)
 A governmental agency established to purchase any kind of mortgage loans in the secondary mortgage market from the primary lenders.
 

 The greatest interest in a parcel of land that is possible, or the total interest in real property.
 

 A relationship of trust and confidence, as between principal and agent, trustee and beneficiary, attorney and client.
 

 A commission paid to a mortgage broker for sourcing a mortgage loan for a prospective borrower.
 

 A mortgage that is the primary lien against a property.
 
(FRM)
 A mortgage in which the interest rate remains fixed over the duration of the term of the loan.
 

 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.
 

 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
 

 The loss of money, property, rights, or privileges due to a breach of legal obligation.
 

 The provision in a deed that accounts for title being passed to another, should certain terms not be met or certain circumstances occur.
 

 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)
 

 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.
 
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.
 

 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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G


 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
 

 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
 
(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
 

 The person who, by written document, receives title or an interest in real property from a grantor
 

 The person who, by written document, transfers title to or an interest in real property to a grantee.
 

 The most common of residential leases, whereby the landlord pays for all property expenses incurred through ownership, such as taxes, insurance, repairs, etc.
 

 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
 

 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
 
(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
 
, 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.
 

 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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H


 Insurance protection for specified losses due to natural causes, such as fire, floods, earthquake, tornadoes, and other "acts of God".
 

 An individual who will potentially inherit an interest in land from someone who dies.
 

 A gap or space between two parcels of lands that is not included in the legal description of either parcel.
 
, or
 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
 

 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
 

 An insurance policy available to residential real estate owners that protects homeowners against financial loss from fire, theft, public liability, and other risks.
 

 Real estate that is owned and utilized as the primary family residence, protected in some states as exempt from the claims of creditors.
 

 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
 
, or
 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
 

 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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I

, or
 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.
 

 The method of estimating the value of a property by calculating its generated income.
 

 Real estate developed for the purpose of generating income.
 

 To provide for compensation in the case of loss or damage to property.
 

 The statement of terms under which loss or damage to property will be compensated.
 

 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
 

 The right to enter on or over a piece of property.
 

 A property title which an insurance company is willing to insure against possible claim.
 
, or
 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
 

 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
 

 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
 

 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
 

 The maximum interest rate for an adjustable-rate mortgage (ARM), as specified in the mortgage note.
 

 The minimum interest rate for an adjustable-rate mortgage (ARM), as specified in the mortgage note.
 

 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.
 

 The condition of dying without leaving a will. The description of an estate without a will.
 

 A claim or charge against property placed without the consent of the property's owner.

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J


 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.
 
, or
 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.
 

 A decision or decree made by a court of law.
 

 A claim against the real property of a debtor, as decreed by the court.
 
, or
 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
 
, or
 A mortgage whose claim to repayment is of lesser priority than another, previously recorded mortgage.

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L


 See Contract for deed.
 

 The penalty a borrower pays when a payment is made after the due date.
 

 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
 

 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.
 

 A lease that gives the tenant the right to purchase the property, either during the lease term or at its end.
 

 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
 

 The individual or party who takes property upon a lease.
 

 The individual or party who grants property upon a lease.
 

 An individual's financial obligations.
 

 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.
 

 The right to use, occupy and own, for the duration of the life of the individual.
 
, or
 The limit on the amount that payments can increase or decrease over the term of an adjustable-rate mortgage (ARM).
 
Liquid asset[/TAG-TEC]
 Cash, or an asset that can be readily converted into cash.
 

 The compensation predetermined by both parties to a contract to be paid to the injured party, should the other party breach the contract.
 

 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.
 

 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
 

 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
 

 The process by which a lender sets up a mortgage loan secured by real property.
 

 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.
 

 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
 

 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
 

 The time period during which the set interest rate is guaranteed to the borrower.
 

 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.
 

 A parcel of land with fixed boundaries as determined by a survey.

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M


 The age at which an individual is legally entitled to handle his or her own affairs.
 

 The amount added to the index on an adjustable-rate mortgage (ARM) that establishes the adjusted interest rate at a given time.
 
, or
 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.
 

 A clear, unencumbered title, reasonably acceptable without the threat of the risk of litigation.
 

 The date on which the principal balance of a loan, bond, or other financial commitment is due and payable.
 

 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
 

 Means for describing property by a set of directions and distances, when there isn't identification based on a surveyed lot number.
 

 An individual below the age at which he or she is legally entitled to handle his or her own affairs.
 

 le indications made on natural or man-made objects that indicate the boundaries of a survey.
 

 A legal document that pledges a property to the lender as security for the payment of a loan or debt.
 

 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
 

 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
 

 The lender in a mortgage transaction.
 

 The borrower in a mortgage transaction.
 
(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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A

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 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.
 

 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.
 

 An offeree's consent to enter into, and be bound by the terms of, a contract.
 

 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.
 

 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.
 

 43,560 square feet of land.
 
(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.
 

 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.
 

 The date on which the interest rate changes for an adjustable-rate mortgage (ARM).
 

 The period of time between the adjustment dates for an adjustable-rate mortgage (ARM).
 

 A person appointed by a probate court to administer the estate of an individual who has died without a will.
 

 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.
 

 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).
 

 The relationship between two or more persons wherein the agent is authorized to act on behalf of another person (or principal) in certain transactions.
 

 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.
 

 The act of transferring property to another, either voluntarily (via a sale), or involuntarily (via adverse possession).
 

 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.
 

 American Land Title Association, the national association of title insurance companies, abstractors and attorneys specializing in real property law, headquartered in Washington, D.C.
 

 A natural or manmade feature of real property that enhances its value and attractiveness, though it is not essential to the property's use.
 

 The process of payment of a debt or mortgage loan over time by installments.
 

 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.
 

 The amount of time required to repay the mortgage loan, expressed in number of months.
 

 To pay off a loan or mortgage with periodic payments that cover both principal and interest.
 

 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.
 

 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.
 
(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.
 

 The return, including interest, from an investment of capital, paid in a series of regular payments.
 

 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.
 

 The estimate of a property's fair market value, based on an appraiser's analysis of the property.
 

 An individual educated to estimate the value of real property and personal property.
 

 An increase in the worth of a property due to changes in economic conditions or other causes; the opposite of depreciation.
 

 Anything attached to, or used with, a parcel of land that will go to the new owner on conveyance of the land.
 

 Adjustable-rate Mortgage. Also see "Variable Rate Mortgage".
 

 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.
 

 The public record of taxable property.
 

 A public official who evaluates the value of a property for taxation purposes.
 

 Anything of monetary value owned by an individual, including real property, personal property, and enforceable claims against others (bank accounts, stocks, mutual funds, etc.)
 

 To transfer interest.
 

 One who receives an assignment or transfer of rights.
 

 One who makes an assignment or transfer of rights to another.
 

 A mortgage that allows a new owner to take over its obligations.
 

 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.
 

 The provision in an assumable mortgage that allows a buyer to take responsibility for that mortgage from the seller.
 

 Seizure of property through Court process to force payment of a debt.
 

 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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