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Glossary of Real Estate Terms
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Agent
- A person acting on behalf of another, called the principal.
Appraisal - An expert judgment or estimate of the quality or value
of real estate as of a given date.
Assessed Value - The valuation placed
upon property by a public tax assessor as the basis for taxes.
Bill of Sale - An instrument
which transfers title to personal property (chattels); a "Deed"
transfers real property.
CC&R's: Covenants,
conditions and restrictions - A document that controls the use,
requirements and restrictions of a property.
Certificate of Reasonable Value (CRV)
- A document that establishes the maximum value and loan amount
for a VA guaranteed mortgage.
Certificate of Title - A document signed
by a title examiner or attorney stating that the seller has a good
marketable and insurable title.
Closing Statement (Settlement) - The
computation of financial adjustments between buyer and seller as
of the day of closing a sale to determine the net amount of money
which buyer must pay to seller to complete purchase of the real
estate and seller's net proceeds. Also, "settlement sheets,"
"HUD-1."
Commission - Payment to a real estate
broker for services performed.
Condominium - A form of real estate ownership
where the owner receives title to a particular unit and has a proportionate
interest in certain common areas. The unit itself is generally a
separately owned space whose interior surfaces (walls, floors and
ceilings) serve as its boundaries.
Contingency - A condition that must be
satisfied before a contract is binding. For instance, a sales agreement
may be contingent upon the buyer obtaining financing.
Deed - A formal written
instrument by which title to real property is transferred from one
owner to another. Also, "conveyance".
Deed of Trust - Like a mortgage, a security
instrument whereby real property is given as security for a debt.
However, in a deed of trust there are three parties to the instrument;
the borrower, the trustee, and the lender (or beneficiary).
Due-On-Sale Clause - An acceleration
clause that requires full payment of a mortgage or deed of trust
when the secured property changes ownership.
Earnest Money - The portion
of the down payment delivered to the seller or escrow agent by the
purchaser with a written offer as evidence of good faith.
Equity - The interest or value which
owner has in real estate over and above the debts against it. (Sales
Price - Mortgage Balance - Equity).
Escrow - A procedure in which a third
party acts as a stakeholder for both the buyer and the seller, carrying
out both parties' instructions and assumes responsibility for handling
all of the paperwork and distribution of funds.
Federal National Mortgage
Association (FNMA) - Popularly known as Fannie Mae. A privately
owned corporation created by Congress to support the secondary mortgage
market. It purchases and sells residential mortgages insured by
FHA or guaranteed by the VA, as well as conventional home mortgages.
Fee Simple - An estate in which the owner
has unrestricted power to dispose of the property as he wishes,
including leaving by will or inheritance. It is the greatest interest
a person can have in real estate.
Fixture - What was formerly personal
property which is now permanently attached to real property and
goes with the property when it is sold.
Graduated Payment Mortgage
- A residential mortgage with monthly payments that start at a low
level and increase at a predetermined rate.
Hazard Insurance - Protects
against damages caused to property by fire, windstorms, and other
common hazards.
Home Inspection Report - A qualified
inspector's report on a property's overall condition. The report
usually includes an evaluation of both the structure and mechanical
systems.
Home Warranty Plan - Protection against
failure of mechanical systems within the property. Usually includes
plumbing, electrical, heating systems and installed appliances.
Joint Tenancy - An equal
undivided ownership of property by two or more persons. Upon the
death of any owner, the survivors take the decedent's interest in
the property.
Lien - A legal hold or
claim on property as security for a debt or charge.
Listing Contract - Between a home owner
(as principal) and a licensed real estate broker (as agent) by which
the broker is employed to market the real estate within a given
time for which service the owner agrees to pay a commission. Also,
"listing agreement".
Loan Commitment - A written promise to
make a loan for a specified amount on specified terms.
Loan-To-Value Ratio - The relationship
between the amount of the mortgage and the appraised value of the
property, expressed as a percentage of the appraised value.
Market Value - The highest
price which a buyer, ready, willing and able but not compelled to
buy, would pay, and the lowest price a seller, ready, willing and
able but, not compelled to sell, would accept. Basis for "listing
price', or "asking price".
MIP - Mortgage Insurance Premium.
Mortgage - A lien or claim against real
property given by the buyer to the lender as security for money
borrowed.
Mortgage Life Insurance - A type of term
life insurance often bought by mortgagors. The coverage decreases
as the mortgage balance declines. If the borrower dies while the
policy is in force, the debt is automatically covered by insurance
proceeds.
Mortgage Note - A written agreement to
repay a loan. The agreement is secured by a mortgage, serves as
proof of an indebtedness, and states the manner in which it shall
be paid. Also, "deed of trust note."
Negative Amortization
- Negative amortization occurs when monthly payments fail to cover
the interest cost. The interest that isn't covered is added to the
unpaid principal balance, which means that even after several payments
you could owe more than you did at the beginning of the loan. Negative
amortization can occur when an ARM has a payment cap that results
in monthly payments that aren't high enough to cover the interest.
Origination Fee - A fee
or charge for work involved in evaluating, preparing, and submitting
a proposed mortgage loan. The fee is limited to 1 percent of FHA
and VA loans.
PITI - Principal, interest,
taxes and insurance.
Planned Unit Development (PUD) - A zoning
designation for property developed at the same or slightly greater
overall density than conventional development, sometimes with improvements
clustered between open, common areas. Uses may be residential, commercial
or industrial.
Point - An amount equal to 1 percent
of the principal amount of the investment or note. The lender assesses
loan discount points at closing to increase the yield on the mortgage
to a position competitive with other types of investments.
Prepayment Penalty - A fee charged to
a mortgagor who pays a loan before it is due. Not allowed for FHA
or VA loans.
Principal - This word has several meanings:
a) to denote the most important;
b) a capital sum lent on interest;
c) one who appoints an agent to
act on their behalf;
d) either party to a contract.
Private Mortgage Insurance (PMI) - Insurance written by
a private company protecting the lender against loss if the borrower
defaults on the mortgage.
Prorate - To allocate between seller and buyer their proportionate
share of an obligation paid or due. For example a prorate on real
property taxes, fire insurance, or condominium fee.
Purchase Agreement - A written document in which the purchaser
agrees to buy certain real estate and the seller agrees to sell
under stated terms and conditions. Also called a sales contract,
earnest money contract, or agreement for sale.
Realtor - A real estate broker or associate
active in a local real estate board affiliated with the National
Association of Realtors®.
Regulation Z - The set of rules governing consumer lending
issued by the Federal Reserve Board of Governors in accordance
with the Consumer Protection act.
Survey - A map or plat made by a licensed
surveyor showing the results of measuring the land with its elevations,
improvements, boundaries, and its relationship to surrounding
tracts of land. A survey is often required by the lender to assure
a building is actually sited on the land according to its legal
description.
Tenancy in Common - A type of joint ownership
of property by two or more persons with no right of survivorship.
Title Insurance - Protects lenders and home owners against
loss of their interest in property due to legal defects in title.
Title Search or Examination - A check of the title records,
generally at the local courthouse, to make sure the buyer is purchasing
a house from the legal owner and there are no liens, overdue special
assessments, or other claims.
Transfer tax - State tax, local tax (where applicable)
and tax stamps (in some areas) required by law when title passes
from one owner to another.
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