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Abstract
of Title - A historical summary of the proceedings and recorded
documents affecting the title to a property
Acceleration Clause -
A provision in a mortgage that gives the lender the
right to demand payment of the entire principal balance if a monthly
payment is missed
Addendum - An attachment to a purchase
contract used to make changes or additions
Adjustable Rate Mortgage (ARM) -
A mortgage that permits the lender to adjust or
change its
interest rate at specified times, within specified limits based on a specified
index
Agency - The legal relationship between a
buyer or seller and his or her agent
Agency Disclosure - A disclosure made by
real estate agents to the buyers or seller describing the agent's
duties and responsibilities as well as the type of agency in regards
to the real estate transaction. This disclosure is required in most
states
Amortization - The
gradual repayment of a mortgage loan by making periodic payments of
both principal and interest
Annual Percentage Rate (APR) - The finance
charge calculated over one year taking into consideration all costs
of the loan as required by the Truth in Lending Act
Appraisal - A
written analysis of the estimated value of a property prepared by a
qualified appraiser. Contrast with home inspection
Appreciation - An
increase in the value of a property due to changes in market
conditions or other causes. The opposite of depreciation
APR - Annual Percentage Rate -
The cost of a mortgage stated as a yearly rate;
includes such items as interest, mortgage insurance, and loan
origination fee (points)
Assumption - The
transfer of the seller's existing mortgage to the buyer
Attorney-in-fact -
One who holds a power of attorney from another to execute documents
on behalf of the grantor of the power
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Balloon Payment -
The final payment, usually a lump sum, that is made at the maturity date of a
balloon mortgage
Beneficiary - The
person designated to receive the income from a trust, estate, or a
deed of trust
Binder - A
preliminary agreement, secured by the payment of an earnest money
deposit, under which a buyer offers to purchase real estate
Blanket Mortgage - One mortgage which
covers more than one property
Bridge Loan - A form
of second trust that is collateralized by the borrower's present
home (which is usually for sale) in a manner that allows the
proceeds to be used for closing on a new house before the present
home is sold. Also known as "swing loan"
Buy Down Mortgage -
A temporary buydown is a mortgage on which an
initial lump sum payment is made by any party to reduce a borrower's
monthly payments during the first few years of a mortgage. A
permanent buydown reduces the interest rate over the entire life of
a mortgage
Buyer's Agent - An agent who represents the
buyer in a real estate transaction
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Capital
Gain - Usually the difference between the original cost and
selling price of a capital asset, such as real property, after
deductible expenses have been taken. Capital gain is subject to
taxation
CC&Rs - Coventants, Conditions and
Restrictions - Descriptions of restrictive limitations that
apply to properties such as condominiums. These are found in the
Master Deed
Certificate of Title -
A statement provided by an abstract company, title
company, or attorney stating that the title to real estate is
legally held by the current owner
Closing - A meeting
at which a sale of a property is finalized by the buyer signing the
mortgage documents and paying closing costs. Also called "settlement
Closing Costs - Expenses incurred in
buying a home including but not limited to attorney's fees, title
insurance premium, land survey, title search, recording fees,
appraisal cost and mortgage application fees
CMA - Comparative Market Analysis -
A written report on the property that examines
comparable homes in the area that have recently been sold, are
currently on the market, or are currently under contract. A CMA will help you
decide whether the asking price of the property is in line
with other comparable houses in the neighborhood
Collateral - The property used as security
for a loan and is subject to seizure if the borrower defaults
Condominium - A real
estate project in which each unit owner has title to a unit in a
building, an undivided interest in the common areas of the project,
and sometimes the exclusive use of certain limited common areas
Conforming Loan - A loan that does not
exceed the Fannie Mae/Freddie Mac limit
Contingency - A
condition that must be met before a contract is legally binding. For
example, home purchasers often include a contingency that specifies
that the contract is not binding until the purchaser obtains a
satisfactory home inspection report from a qualified home inspector
Contingent Sale Offer - An offer to
purchase real estate that is contingent upon the sale of another
property
Conveyance - The transfer of ownership of
real property from one person to another
Cooperative - A type
of multiple ownership in which the residents of a multiunit housing
complex own shares in the cooperative corporation that owns the
property, giving each resident the right to occupy a specific
apartment or unit
Cosigner - A second person who signs a note
with the primary borrower. This cosigner is equally responsible for
repaying the loan
Counter Offer - An offer in response to an
offer
Credit Report - A
report of an individual's credit history prepared by a credit bureau
and used by a lender in determining a loan applicant's
creditworthiness
Credit Scoring -
Your credit score is based on all the information in your credit
report. This information is converted into a number -- a credit
score -- that the lender uses to determine whether you are likely to
repay your loan in a timely manner. The scores used in mortgage
lending are typically in the 300 to 900 range. A general guide is
that the higher your score the better. But you should keep in mind
that your credit score is just one of several factors that will be
used to evaluate your mortgage loan application
CRB -Certified Residential Broker
CRS - Certified Residential Specialist
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Deed
- The legal document conveying title to a
property
The deed is the document that transfers ownership from the seller to
you. Only the seller signs the deed at closing, and you'll receive a
copy of it
The closing agent will record the deed with you listed as the new
property owner. Your name and the names of any other buyers appear
on the deed, and it will be sent to you after it is recorded
Deed of Trust -
The document used in some
states instead of a mortgage; title is conveyed to a trustee
In some states, a "deed of
trust" is used instead of a mortgage. When homeowners sign a deed of
trust, they receive title to the property but convey title to a
neutral third party -- called a trustee -- until the loan balance is
paid in full
Default - Failure to
make mortgage payments on a timely basis or to comply with other
requirements of a mortgage
Depreciation - A
decline in the value of property; the opposite of appreciation
Discount Points -
Discount points are often used to describe a type of fee that
lenders charge. Discount points are additional funds you pay the
lender at closing to get a lower interest rate on your mortgage
A point equals 1 percent of the loan amount. So, if you and your
lender agree to a mortgage of $100,000, one point would equal $1,000
Typically, each point you pay for a 30-year loan lowers your
interest rate by .125 of a percentage point. If the current interest
rate on a 30-year mortgage is 7.75 percent, paying one point would
lower the interest rate to 7.625
Ask your lender if you have the option of paying 1, 2, or 3 discount
points -- or you can choose not to pay any discount points. It often
makes more sense to pay discount points if you plan to stay in your
home for a long time
Down Payment - The
part of the purchase price of a property that the buyer pays in cash
and does not finance with a mortgage. Also known as earnest money
Saving for a down payment is usually one of the most difficult parts
of preparing to buy a home. If you believe you have the needed
funds, you are in a better position to seek pre-qualification from a
lender to get the mortgage that is right for you
Most homeowners rely on a mortgage from a financial institution, and
most mortgage products require buyers to include a portion of their
own funds towards the purchase of the home. This is called the down
payment. Lenders feel more secure when buyers include a down
payment, indicating they are less likely to walk away from their
investment if their finances take a downturn
Historically, buyers usually made a down payment that totaled 20
percent of the home's purchase price. Under this scenario, a down
payment for a $100,000 home is $20,000. But today, new mortgage
products allow buyers to put down as little as 3 percent to 5
percent, provided private mortgage insurance is obtained. The down
payment for a $100,000 home with 5 percent down payment is just
$5,000
Sources for down payments may come from buyers' savings accounts,
checking accounts, stocks and bonds, life insurance policies, and
gifts
Dual Agency - One broker represents both
the buyer and seller in a real estate transaction. Dual agency can
also exist if two agents working for the same broker represent both
the buyer and seller in the transaction. Dual agency must be
disclosed to both the seller and the buyer and they both must agree
to this representation. A dual agent must be loyal to both the buyer
and the seller
Due-on-Sale Clause -
A provision in a mortgage that allows the lender to
demand repayment in full if the borrower sells the property that
serves as security for the mortgage
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Earnest Money - The down payment deposited
by the Buyer under the terms of the contract
Easement
- A right of way giving persons other than
the owner access to or over a property
Eminent Domain -
The right of a government to take private property for public use
upon payment of its fair market value. Eminent domain is the basis
for condemnation proceedings
Encroachment - An
improvement that intrudes illegally on another's property
Encumbrance -
Anything that affects or limits the fee simple title to a property,
such as mortgages, leases, easements, or restrictions
EPA - Environmental Protection Agency
E-PRO - Internet savvy real estate agent
Equity - A
homeowner's financial interest in a property. Equity is the
difference between the fair market value of the property and the
amount still owed on its mortgage
A lender determines how much equity you have in your home by taking
the appraised value of the home and subtracting any mortgage debt
For example, if your house is valued at $150,000 and your mortgage
balance is $80,000, you have $70,000 equity in the house
Escape Clause - A clause in a purchase
contract that allows one party to withdraw from the contract under
certain terms and conditions
Escrow - An item of
value, money, or documents deposited with a third party to be
delivered upon the fulfillment of a condition. For example, the
deposit by a borrower with the lender of funds to pay taxes and
insurance premiums when they become due, or the deposit of funds or
documents with an attorney or escrow agent to be disbursed upon the
closing of a sale of real estate
Escrow Account - The
account in which a mortgage servicer holds the borrower's escrow
payments prior to paying property expenses
An escrow account is money that is deposited with a third party --
outside the buyer and the seller -- to be used to pay various fees.
A borrower typically provides funds that will pay taxes, mortgage
insurance, lease payments, hazard insurance premiums, and other
payments when they are due
An escrow payment by the holder of a mortgage is also known as
"impounds" or "reserves" in some states
When escrow funds are used to pay taxes, hazard insurance, and other
fees, it is called an escrow disbursement. Periodically, an escrow
analysis will be performed to determine if current monthly deposits
provide sufficient funds to pay bills when they are due
Escrow Payment - The portion of the
monthly mortgage payment held by the lender to be applied to real
estate taxes, hazard insurance and/or mortgage insurance
1031 Exchange - A 1031 tax deferred
exchange allows you to defer capital gains by rolling-over all of
the proceeds received from the sale of an investment property into
the purchase of one or more other like-kind investment properties.
At closing, proceeds are transferred to a third party, called a
facilitator or qualified intermediary who holds them until they are
used acquire the new property
A 1031 exchange is often referred to as a Starker
exchange
Exclusion - An item of real property that
is excluded in the sale such as an attached light fixture
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Fair Market Value -
The highest price that a buyer, willing but not
compelled to buy, would pay, and the lowest a seller, willing but
not compelled to sell, would accept
Fannie Mae - FNMA (Federal National
Mortgage Association)-
A New York Stock Exchange company and the largest non-bank financial
services company in the world. It operates pursuant to a federal
charter and is the nation's largest source of financing for home
mortgages
Over the past 31 years, Fannie Mae has provided nearly $2.8 trillion
of mortgage financing for over 34 million families
Fee Simple -
The greatest possible interest a
person can have in real estate
Fee simple ownership provides the owner with unrestricted powers to
dispose of the owned property as the owner sees fit. Of all types of
ownership a person can have in real estate, fee simple provides the
greatest amount of personal control
FEMA - Federal Emergency Management Agency
FHA - Federal Housing Administration -
An agency of the U.S. Department of Housing and
Urban Development (HUD). Its main activity is the insuring of
residential mortgage loans made by private lenders. The FHA sets
standards for construction and underwriting but does not lend money
or plan or construct housing
FHA Mortgage - A
mortgage that is insured by the Federal Housing Administration
(FHA). Also known as a government mortgage
With FHA insurance, you can purchase a home with a low down payment
from 3 percent to 5 percent of the FHA appraised value or the
purchase price, whichever is lower
FHA mortgages have a maximum loan limit that varies depending on the
average cost of housing in a given region. In general, the loan
limit is less than what is available with a mortgage through a
lender
FICO - Name given to credit score used to
qualify for mortgages
Fiduciary - A person acting in a
relationship of trust and confidence
First Deed of Trust or First Mortgage - A
deed of trust or mortgage that has priority over all other voluntary
liens secured against a property
Fixed Rate Mortgage -
A mortgage in which the interest rate does not
change during the entire term of the loan
Fixed-rate mortgages, the most popular type of mortgage, offer the
peace of mind that your interest rate will remain the same for as
long as you have your loan. If you expect to live in your home for
many years, having the same interest rate may be your key concern.
If you decide that you like the stable, predictable payments of a
fixed-rate loan, you have the option of choosing from a variety of
repayment terms: 15, 20, and 30 years are the most common.
Typically, the longer the term of the mortgage, the more interest
you pay over the life of your loan. However, stretching out your
repayment term means your monthly mortgage payments will be less
than they would be with a comparable shorter-term mortgage. Lenders
offer a wide array of fixed-rate mortgages:
* Balloon Mortgages
* Biweekly Mortgages
Fixture - Personal
property that becomes real property when attached in a permanent
manner to real estate
Fizzbo (FSBO) - For Sale by Owner
Freddie Mac - Federal Home Loan Mortgage
Corporation - An organization that purchases loans from banks
and other loan originators
FSBO - For Sale by Owner - Property offered
for sale without the assistance of a real estate broker
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Gift
Letter - A letter from parents who give all or part of the down
payment monies to their children. Most lenders require that this
letter states that this money does not have to be repaid
Graduated Payment Mortgage - A mortgage
that has lower monthly payments in the early years. Payments
increase over the term of the loan at predetermined intervals
GRI - Graduate of Real Estate Institute
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Homeowner's Association - HOA - An organization of
homeowners in a condominium complex or planned unit development
which manages the common areas
Homeowner's Policy - An insurance policy
that provides coverage for the home and its contents in the case of
damage or loss due to common disasters such as fire. Coverage also
usually includes theft, vandalism, loss of use and liability
HOW - Homeowner's Warranty -
A type of insurance that covers repairs to specified
parts of a house for a specific period of time. It is provided by
the builder or property seller as a condition of the sale. It
insures buyers and sellers against defect in a home they are buying
or selling (usually in heating, electrical and plumbing systems)
HUD-1 Statement -A
document that provides an itemized listing of the funds that are
payable at closing. Items that appear on the statement include real
estate commissions, loan fees, points, and initial escrow amounts.
Each item on the statement is represented by a separate number
within a standardized numbering system. The totals at the bottom of
the HUD-1 statement define the seller's net proceeds and the buyer's
net payment at closing. The blank form for the statement is
published by the Department of Housing and Urban Development (HUD).
The HUD-1 statement is also known as the "closing statement" or
"settlement sheet"
The HUD-1 Settlement Statement itemizes the amounts to be paid by
the buyer and the seller at closing. The (blank) form is published
by the U.S. Department of Housing and Urban Development (HUD)
Items on the statement include:
-- real estate commissions
-- loan fees
-- points
-- escrow amounts
The form is filled out by your closing agent and must be signed by
the buyer and the seller. The buyer should be allowed to review the
HUD-1 Settlement Statement on the business day before the closing
meeting to know the closing costs in advance
The HUD-1 Settlement Statement is also known as the "closing
statement" or "settlement sheet"
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Installment - The
regular periodic payment that a borrower agrees to make to a lender
The regular periodic payment that a borrower agrees to make to a
lender. The installment is more often referred to as your monthly
mortgage payment
Installments, or monthly payments, can be made either monthly or
biweekly, depending on your mortgage type. Your approved lender may
also offer additional payment plans tailored to fit your needs
Interim Loan - Also called a swing or
bridge loan. A temporary, short-term loan that enables a homebuyer
to liquidate the equity in one home before it is sold to make a cash
down payment on another home.
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Jumbo
Loan - A loan that exceeds mortgage
amount limits. Also called a nonconforming loan
Junior Loan or Lien - Any mortgage,
deed of trust or other lien against a property that is of lesser
priority than the first mortgage or deed of trust
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Lease
Option - Nonprofit organizations may use
the lease-purchase option to purchase a home that they then rent to
a consumer, or "leaseholder." The leaseholder has the option to buy
the home after a designated period of time (usually three or five
years). Part of each rent payment is put aside toward savings for
the purpose of accumulating the down payment and closing costs
Lessee (tenant) - One who contracts
to rent property
Lessor (landlord) - An owner who
enters into an agreement to rent to a tenant
Leverage - leverage is using someone else's money to
purchase property
Lien - A legal claim
against a property that must be paid off when the property is sold
Liquidated Damages - A predetermined sum,
agreed to by the parties in a contract, to be considered as full
damages if certain events occur
Listing Agreement - A contract between a
property owner and an agent authorizing the agent to perform certain
services involving the property
Loan-to value Ratio - LTV -
The relationship between the principal balance of
the mortgage and the appraised value (or sales price if it is lower)
of the property. For example, a $100,000 home with an $80,000
mortgage has a LTV percentage of 80 percent
Lock-in - A written
agreement in which the lender guarantees a specified interest rate
if a mortgage goes to closing within a set period of time. The
lock-in also usually specifies the number of points to be paid at
closing
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Market
Value - The highest price a willing buyer
would pay and a willing seller would accept for a property that is
exposed on the open market for a reasonable period of time, assuming
that both buyer and seller are well-informed and neither party is
acting under undue pressure. You can get a good feel for the
market value of a home by asking whether the listing agent compiled
a "comparative market analysis" (CMA).
Material Fact - A fact that is not known to
or readily observable by the buyer which materially affects the
value or desirability of a property
Maturity - The date on which a mortgage or
note becomes due
Mechanic's Lien - A lien against real
property in favor of persons who have performed work or provided
materials for the purpose of improving that property
MLS - Multiple Listing Service -
Mortgage -
A legal document that pledges
a property to the lender as security for payment of a debt
Simply put, the mortgage is the legal document that gives the lender
a legal claim against your house should you default on your loan
payments. The mortgage indicates that a specific amount of money
will be loaned at a specific interest rate so that you can buy your
home. Another way of thinking of the mortgage is that you have
possession of the property but the lender has ownership until you
have repaid your loan
The items stated in the mortgage include the homeowner's
responsibility to:
-- pay principal
-- pay interest
-- pay taxes,
-- pay insurance on time,
-- pay to maintain hazard insurance on the property, and
-- adequately maintain the property.
The mortgage also includes the basic information found in the note
Should you consistently fail to meet these requirements, your lender
can seek full repayment of the balance of the loan, foreclose on the
property, or sell the property and use the proceeds to pay off the
loan balance and foreclosure costs
A deed of trust is used instead of a mortgage in some states
Mortgage - The
conveyance or pledge of property as security of a loan
Mortgagee - The
lender in a loan transaction
Mortgagor - The
borrower who pledges or conveys his property to the mortgagee as
security for the loan
Mortgage Insurance -
A contract that insures the lender against loss
caused by a mortgagor's default on a government mortgage or
conventional mortgage. Mortgage insurance can be issued by a private
company or by a government agency such as the Federal Housing
Administration (FHA). Depending on the type of mortgage insurance,
the insurance may cover a percentage of or virtually all of the
mortgage loan
Multiple Listing -
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NAR -
National Association of Realtors
Negative Amortization -
A gradual increase in mortgage debt that occurs when
the monthly payment is not large enough to cover the entire
principal and interest due. The amount of the shortfall is added to
the remaining balance to create "negative" amortization -
The borrower ends up owning more than the original principal
Nonrecurring Closing Costs - Closing costs
that are paid on a one-time-only basis such as title insurance or
points
Notary Public - One who has the authority
to take the acknowledgments of persons signing documents
Note - A legal
document that obligates a borrower to repay a mortgage loan at a
stated interest rate during a specified period of time
One way to think of the mortgage note is that it is a legal "IOU."
Often called the promissory note, it represents your promise to pay
the lender according to the agreed upon terms of the loan, including
when and where to send your paymen.
The note lists any penalties that will be assessed if you don't make
your monthly mortgage payments. It also warns you that the lender
can "call" the loan -- demand repayment of the entire loan before
the end of the term -- if you violate the terms of your mortgage
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Payoff
Demand - A written request for a lender to provide exact figures
of the amount owed by the borrower to pay the loan off in full
Personal Property -
Any property that is not real property - Also known as chattel
PITI - Principle,
interests, taxes and insurance (PITI) are the four components of a
monthly mortgage payment
The components of a monthly mortgage payment
- Principal refers to the part of the monthly payment that reduces
the remaining balance of the mortgage
- Interest is the fee charged for borrowing money
- Taxes and insurance refer to the amounts that are paid into an
escrow account each month for property taxes and hazard insurance
PMI - Private Mortgage Insurance -
Also known as Mortgage Insurance, PMI is provided by
a private mortgage insurance company to protect lenders against loss
if a borrower defaults. Most lenders generally require PMI for a
loan with a loan-to-value (LTV) percentage in excess of 80 percent
Point - A one-time
charge by the lender for originating a loan. A point is 1 percent of
the amount of the mortgage
Power of Attorney -
A legal document that authorizes another person to act on one's
behalf. A power of attorney can grant complete authority or can be
limited to certain acts and/or certain periods of time
Pre-Approval - When you work with your
lender to get pre-approved, you are getting an indication of how
much money you will be eligible to borrow when you apply for a
mortgage. This process occurs before you complete an application for
a loan
Pre-approval includes a screening of a borrower's credit history,
and all information you give to your lender will be verified when
you apply for your mortgage
Pre-Qualification - The process of
determining how much money a prospective home buyer will be eligible
to borrow before he or she applies for a loan
Preliminary Title Report - Report issued by
the title company before the completion of a real estate sale. It
indicates the condition of the title
Prepayment Penalty -
A fee that may be charged to a borrower who pays off
a loan before it is due
If you pay off your mortgage before it is due, you may be charged a
fee -- this is referred to as a prepayment penalty
Any amount that is paid to reduce the principal balance of a loan
before the due date -- such as the sale of the property, the owner's
decision to pay the loan in full, the owner's decision to pay
additional money every month to lower the principle or interest --
is considered prepayment
You may want to consider discussing the specifics of this fee as you
negotiate the terms of your loan with your lender
Principal - The dollar amount borrowed
when a mortgage is obtained
Principal Balance - The remaining balance
due on a loan
Private Mortgage Insurance (PMI) -
Insurance written by a private insurance company that protects the
lender in the event the borrower defaults on a loan. The borrower
pays premiums
Proration - To allocate between buyer
and seller their proportionate share of obligations that have been
paid or that are due such as taxes, insurance premiums, interest,
rental amounts. Prorations are usually made to the closing date
PUD - Planned Unit Development -
A project or subdivision that includes common
property that is owned and maintained by a homeowners' association
for the benefit and use of the individual PUD unit owners
Purchase and Sale Agreement -
A written contract signed by the buyer and seller
stating the terms and conditions under which a property will be sold
The Purchase and Sale Agreement is a written contract that is signed
by the buyer and seller. It states the terms and conditions under
which a property will be sold. It includes:
-- description of property
-- price offered
-- down payment
-- earnest money deposit
-- financing
-- personal items to be included
-- closing date
-- occupancy date
-- length of time the offer is valid
-- special contingencies
-- inspection
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Qualified Intermediary - see 1031 Exchange
or Starker Exchange
Quitclaim
Deed - A deed that transfers without
warranty whatever interest or title a grantor may have at the time
the conveyance is made
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Real
Property - Land and appurtenances,
including anything of a permanent nature such as structures, trees,
minerals, and the interest, benefits, and inherent rights thereof
Reconveyance - The legal document used when
a debt is paid in full or satisfied. This document conveys the
property back to the equity owner free of debt
Recording - The
filing in the registrar's office of the details of a properly
executed legal document, such as a deed, a mortgage note, a
satisfaction of mortgage, or an extension of mortgage, thereby
making it a part of the public record
Recurring Closing Costs -
Refinance - Paying off an existing loan on
a property and replacing it with another loan
Rescission - The
cancellation or annulment of a transaction or contract by the
operation of a law or by mutual consent. Borrowers usually have the
option to cancel a refinance transaction within three business days
after it has closed
RESPA - Real Estate Settlement Procedures Act -
A consumer protection law that requires lenders to
give borrowers advance notice of closing costs
RMCR - Residential Mortgage Credit Report
RSPS - Resort and Second Home Property
Specialist
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Second
Mortgage - A mortgage that has a lien
position subordinate to the first mortgage
Seller
Disclosure - Seller must disclose all property defects to the
buyer before closing
Settlement - The
final step before you get the keys to your home is a formal meeting
called the closing. It is at this meeting in which ownership of the
home is transferred from the seller to the buyer
Also called a settlement in some parts of the country, the meeting
is typically attended by the buyer(s), the seller(s), their
attorneys if they have them, both real estate sales professionals, a
representative of the lender, and the closing agent. The purpose is
to make sure the property is physically and legally ready to be
transferred to you
Several closing costs will be paid at this meeting. These expenses
are over and above the price of the property and are incurred when
ownership of a property is transferred. Closing costs generally
include a loan origination fee, an attorney's fee, taxes, an amount
placed in escrow, and charges for obtaining title insurance, and a
survey. Closing costs vary according to the area of the country
Single Agency - One real estate broker
represents either the buyer or the seller in a real estate
transaction but NOT both
Specific Performance - A legal action to
force the performance of a contract requirement
Starker Exchange or 1031 Exchange - A
tax deferred exchange allows you to defer capital gains by
rolling-over all of the proceeds received from the sale of an
investment property into the purchase of one or more other like-kind
investment properties. At closing, proceeds are transferred to a
third party, called a facilitator or qualified intermediary who holds them until they are
used acquire the new property
Statute of Limitation - A legal limit on
the time period in which to initiate court action
Sweat Equity -
Contribution to the construction or rehabilitation of a property in
the form of labor or services rather than cash
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Tax Lien
- A lien that attaches to real property if the property owner fails
to pay real estate taxes or income taxes when due
Term - The length of time over which the
loan will be repaid
Termite Inspection -
Homes in many parts of the country must be inspected
for termites before they can be sold. You should receive a
certificate from a termite inspection firm stating that the property
is free of both visible termite infestation and termite damage
The cost of the termite inspection is usually paid by the seller,
and the seller's real estate sales professional orders the
inspection. You need to make sure that the original certificate is
delivered to your lender at least three days before closing
This allows the lender to review the certificate and address any
potential problems
Title - A legal
document evidencing a person's right to or ownership of a property
Title Cloud or Defect -
Any conditions revealed by a title search that
adversely affect the title to real estate. Usually clouds on title
cannot be removed except by a quitclaim deed, release, or court
action
Title Insurance -
Insurance that protects the lender (lender's policy) or the buyer
(owner's policy) against loss arising from disputes over ownership
of a property
Your lender will require that you buy title insurance to ensure that
you are receiving a "marketable title." There are two types of title
insurance policies:
-- Lender's policy (mandatory): This protects the lender should a
flaw in the title be detected after the property has been purchased
-- Owner's policy (optional, but recommended): This protects you
should a flaw in the title be detected after the property has been
purchased
Generally, the buyer pays the cost of both policies. Check with your
insurer, because you may receive a price break if you seek a
combined lender/owner policy or if you purchase a "reissue" policy
from the company that previously insured the title
Transfer Tax - State
or local tax payable when title passes from one owner to another
Truth-In-Lending - A federal law that
requires lenders to fully disclose, in writing, the terms and
conditions of a mortgage, including the annual percentage rate (APR)
and other charges
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Underwriting - The process of evaluating
a loan application to determine the risk involved for the lender.
Underwriting involves an analysis of the borrower's creditworthiness
and the quality of the property itself
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VA -
Veterans Administration - The Veterans
Administration is a federal government agency authorized to
guarantee loans made to eligible veterans under certain conditions.
To obtain more information, you can contact the U.S. Department of
Veterans Affairs
The VA guarantee allows qualified veterans to buy a house costing up
to $203,000 with no down payment. Moreover, the qualification
guidelines for VA loans are more flexible than those for either the
Federal Housing Administration (FHA) or conventional loans
If you are a qualified veteran, this can be an attractive mortgage
program. To determine whether you are eligible, check with your
nearest VA regional office
Vested - Having the
right to use a portion of a fund such as an individual retirement
fund. For example, individuals who are 100 percent vested can
withdraw all of the funds that are set aside for them in a
retirement fund. However, taxes may be due on any funds that are
actually withdrawn
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Waiver
- To release a right to require something such as waiving a
contingency in a real estate contract
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Zoning
- Specifies how property in certain areas can be used
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FASY REAL ESTATE
1229 Asbury Avenue Ocean City, NJ 08226
(609) 398-8000 fax: (609) 398-5084
bfasy@comcast.net
1 (800) 662-3323
cell: (609) 602-4492 |
Seller Financing -
Seller Warranty -
Sellers Agent -
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