
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".
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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