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Buying Glossary of Terms
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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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