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 usuallyincludes 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.