| These terms are
commonly used by buyers, sellers, and real estate
professionals during the course of a real estate
transaction. If you understand the language and
the shorthand, you can become more knowledgeable in the
real estate marketplace. |
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A | B | C
| D | E | F
| G | H |
I | J | K | L
| M | N | O
| P | Q | R |
S | T | U | V
| W | XYZ
- Abstract
(Of Title)
An abstract is a history of a piece of
property including a summary of the public records
relating to that land. Some people mistakenly
believe that an abstract is like a motor vehicle
title certificate. That belief is wrong.
An abstract is simply a summary of the history of
property. With that history it is possible
to draw conclusions about ownership and liens.
- Acceleration
The right of a lender to demand immediate
repayment of a loan, usually because of some kind
of default on the part of the borrower.
- Agent
Someone who acts for another. A real estate agent
acts on behalf of the either the buyer or the
seller.
- Agreement
of Sale / Purchase Agreement
A written contract setting out the terms of a
sale.
- Appraisal
An estimate of the value of property.
- ARM-Adjustable
Rate Mortgage
A loan in which the interest rate changes, usually
as a result on a change in one or more government
statistical index rates.
- Assessment
A local tax "assessed" against property,
usually for a specific purpose, such as for sewer
or water improvements.
- Assessor
A person who values real estate for tax purposes.
- Assignment
A transfer of a right to another person.
- Assumption
An agreement whereby one party takes over the
responsibilities of another. For example,
one party may sometimes assume a loan or mortgage
originally agreed to by another party.
- Balloon
Mortgage
A mortgage for a term shorter than necessary
to fully repay the debt. As a result, a large lump
sum or "balloon payment" is due at the
end of the loan.
- Bridge
Loan
A short term loan used to help finance the
purchase of a new home when a buyer has not sold
his old home. The bridge loan is paid off when the
old home is sold.
- Building
Code
A set of laws that control the construction of
buildings.
- Capital
Gain
Income from the sale of a capital (tangible)
asset. A capital gain is usually the
difference between the original purchase price and
the later sale price.
- Chain
Of Title
A history of the ownership and liens affecting the
title as far back as records are available.
- Closing
The end of the transaction when the seller hands
over the title to the buyer in exchange for
payment. Also called settlement.
- Closing
Costs
Costs the buyer or seller must pay at the time of
the closing.
- Cloud
(On Title)
A title defect which undermines the marketability
of real estate.
- Commission
Money paid to a real estate agent or broker by the
seller as compensation for finding a buyer and
completing the sale. Usually it is a percentage of
the sale price: 4 to 7 percent on houses, 10
percent on land.
- Construction
Loan
A short term loan to pay for the
construction of building or homes. Usually at the
end of construction, the construction loan is paid
off with financing from a longer term loan.
- Contingency
A condition that must be met before a contract is
binding. Contingencies include: the property must
appraise for sales price or buyers approving of
various inspections.
- Contract
for Deed
A contract between purchaser and a seller of real
estate to give a deed after it is paid for.
- Conventional
Loan
A fixed rate and fixed term loan that is made
without government insurance.
- Conveyance
The transfer of the title to land from one to
another.
- Covenants
Agreements written into deeds and other
instruments stating performance or non-performance
of certain acts or noting certain uses or non-uses
of property.
- Deed
A legal document by which property title is
transferred from one owner to another.
- Default
Failure to meet legal obligations in a contract.
For example, the failure to make the monthly
payments on a mortgage.
- Depreciation
Decline in value of a house due to wear and tear
or any other reason.
- Down
Payment
The down payment is the percentage of the purchase
price that the buyer must pay in cash and may not
borrow from the lender. The down payment amount in
addition to the mortgage equals the purchase price
of a property. They can vary from 0% to over 50%.
The less your down payment the better your credit
has to be. Lower down payments generally result in
higher interest rates.
- Due-on-Sale
Clause
A provision in a mortgage that allows the
lender to demand immediate payment of the balance
of the mortgage if the borrower sells the home.
- Earnest
Money
The deposit money given to the seller by the
potential buyer as evidence of good faith in
purchasing real estate. The broker places the
money in an escrow or trust account until closing,
when it becomes part of the down payment.
- Easement
A right- of- way granted to a person or company
authorizing access to or over the owner's land. An
electric company obtaining a right- of- way across
private property is a common example.
- Encroachment
An obstruction, building, or part of a building
that intrudes beyond a legal boundary onto
neighboring private or public land, or a building
extending beyond the building line.
- Encumbrance
A legal right or interest in land that affects a
good or clear title, and diminishes the land's
value.
- Equity
The value of the property less the amount of
unpaid mortgages and any outstanding liens.
- Escrow
Money or other valuables given to a 3rd party
with directions to deliver them to another party
upon the fulfillment of a specific act or
condition.
- Fair
Market Value
That price a property will bring given that both
buyer and seller are fully aware of market
conditions and comparable properties.
- FHA
- Federal Housing Administration
Part of the US Department of Housing and Urban
Development (HUD). It was established in 1934 to
encourage improvement in housing standards and
communities. The FHA insures mortgage loans.
- FHA
Mortgage
A mortgage loan insured by the Federal Housing
Administration.
- Foreclosure
A legal process by which the lender or the seller
forces a sale of a mortgaged property because the
borrower has not met the terms of the mortgage.
Also known as a repossession of property.
- Grantee
That party in the deed who is the buyer or
recipient.
- Grantor
That party in the deed who is the seller or giver.
- Home
or Property Inspection
A detailed inspection of the physical structure,
the plumbing, electrical and heating systems and
the overall condition of the home. Typically the
cost is $150-$300 and the results are detailed in
a multiple page report.
- Homeowners
Insurance
Insurance that protects the homeowners from
Casualty losses or damage to the home or personal
property and from liability damages to other
people or property. Homeowners insurance is
required by the lender and may be included in the
monthly mortgage payment.
- Interest
A charge paid for borrowing money.
- Joint
Tenancy
Joint ownership by two or more persons with right
of survivorship. Upon the death of a joint tenant,
his interest does not go to his heirs, but to the
remaining joint tenants.
- Legal
Description
The geographical identification of a parcel of
land.
- Lien
A hold or claim on the property of another to
satisfy an unpaid debt or obligation.
- Listing
Agreement
An agreement between a homeowner and a licensed
real estate broker that authorizes the broker to
sell real estate during a given time period,
usually for a commission.
- Loan
Origination Fee
A fee charged by the lender for evaluating,
preparing and submitting a proposed mortgage loan.
- Loan-to-Value
Ratio
The ratio of a mortgage loan principal to the
property's appraised value or its sales price,
whichever is lower. Loan-to-value ratios vary
depending upon the individual lender's policy.
- Lock-in
Rate
A commitment made by a lender to make a mortgage
loan at a specified rate, pending loan approval,
on or prior to a specified date.
- Market
Value
The highest price a buyer will pay for a property
and the lowest price the seller will accept in a
typical market.
- Mechanic's
Lien
A lien created by statute on a specific property
for labor or materials contributed to an
improvement on that property.
- Mortgage
A lien on real estate given by a borrower as
collateral for the loan .
- Mortgage
Insurance
An insurance policy that provides protection for
the lender in case of default and or which
guarantees repayment of the loan. Mortgage
insurance does not give insurance benefits
to the borrower.
- Non
Assumption Clause
A statement in a mortgage contract forbidding the
assumption of the mortgage without the prior
approval of the lender.
- Note
or promissory note
A written promise to repay a debt. In the nature
of an I.O.U.
- Offer
A proposal to purchase real estate at a particular
price, subject to other specified terms and
conditions. Acceptance of the offer by the seller
creates a purchase contract. A counteroffer is a
different offer made in response to the initial
offer.
- Origination
Fee
Application fee(s) for processing a proposed
mortgage.
- Plat
A map or chart of a lot, subdivision or community
drawn by a surveyor showing boundary lines,
buildings, improvements on the land, and
easements.
- Point
An amount equal to one percent of the loan amount
paid to a lender for making the loan. A lender may
charge the borrower several points in order to
provide the loan.
- Prepayment
A privilege in a mortgage permitting the borrower
to make payments in advance of their due date.
- Prepayment
Penalty
Money charged for an early repayment of debt.
Prepayment penalties are allowed in some form, but
are not necessarily imposed in many states.
- Principal
The amount of debt, not counting interest, left on
a loan.
- Purchase
Agreement
An agreement between buyer and seller setting out
the price and terms of the sale.
- Real
Estate Agent
A licensed person who works under the direction of
a broker selling and renting real estate.
- Real
Estate Broker
A middle man or agent who buys and sells real
estate for a company, firm, or individual on a
commission basis. The broker does not have title
to the property, but generally represents the
owner.
- Refinance
Obtaining a new mortgage loan on a property
already owned. Often to replace existing
loans on the property.
- Restrictive
Covenants
Private restrictions limiting the use of real
estate.
- Second
Mortgage
A mortgage made subsequent to another mortgage and
subordinate to the first one.
- Secondary
Mortgage Market
The place where primary mortgage lenders sell the
mortgages they make to obtain more funds to
originate more new loans.
- Special
Assessments
A special tax imposed on property, individual lots
or all property in the immediate area, for road
construction, sidewalks, sewers, street lights,
etc.
- 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.
- Title
Ownership of real property. Title is transferred
from one party to another through a document
called a deed.
- Title
Insurance
Protection for lenders and homeowners against
financial loss resulting from legal defects in or
other claims against the property's title. The
cost of the policy is usually a function of the
value of the property and is often borne by the
purchaser and or seller.
- Title
Search
An examination of municipal records to determine
the legal ownership of property. Usually is
performed by a title company or attorney.
- Variable
Interest Rate
A fluctuating interest rate which can go up or
down depending on the going market rate.
- Waive
To relinquish, or abandon. To forego a right to
enforce or require anything.
- Zoning
Ordinances
The acts of an authorized local government
establishing building codes, and setting forth
regulations for property land usage.
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