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 RealtorsŪ.
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.