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Abstract of title |
A condensed history or summary of all
transactions affecting a particular parcel of real estate,
including the original grant, all conveyances and
encumbrances affecting the property, and the abstractor's
certification of the history's accuracy |
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Acceleration clause |
A clause in a mortgage that gives the
lender the right to require payment of the entire principal
balance if the borrower defaults on an installment payment
or other covenant |
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Acceptance |
An offeree's consent to enter into, and be
bound by the terms of, a contract |
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Access |
The right to enter and exit a parcel of
land from a public way, including the right to enter and
exit via land belonging to others |
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Acknowledgment |
The confirmation by which a party executing
a legal document confirms his signature and voluntary
agreement with the terms of the document, made before an
authorized officer of the Court or notary
public |
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Acre |
43,560 square feet of land |
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Adjustable-rate mortgage
(ARM) |
A mortgage with interest rates that may
fluctuate based on market conditions; the lender is
permitted to adjust the mortgage's interest rate
periodically, though most ARM's are limited in the amount
that the interest rates can vary |
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Adjusted
basis |
The total of the original cost of a
property and the value of any capital expenditures for
improvements done to it, minus any depreciation
taken |
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Adjustment
date |
The date on which the interest rate changes
for an adjustable-rate mortgage (ARM) |
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Adjustment
period |
The period of time between the adjustment
dates for an adjustable-rate mortgage (ARM) |
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Administrator |
A person appointed by a probate court to
administer the estate of an individual who has died without
a will |
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Adverse
Possession |
A claim made against the land titled to
another person, by virtue of open and hostile possession and
use of the land to the exclusion of the titled
owner |
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Affidavit of
title |
A sworn statement that is made in writing
under oath by a seller of real property, and certified by a
notary public, in which the seller identifies himself or
herself, indicates marital status, certifies that no defects
have occurred in the title since the examination of the
title on the date of the contract, and confirms that he or
she is in possession of the property (if
applicable) |
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Agency |
The relationship between two or more
persons wherein the agent is authorized to act on behalf of
another person (or principal) in certain
transactions |
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Agent |
A person or company that acts on behalf of
another to transact business, generally in exchange for
payment. In real estate, it is a person or company with a
real estate license working under the authority of a real
estate broker |
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Alienation |
The act of transferring property to
another, either voluntarily (via a sale), or involuntarily
(via adverse possession) |
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Alienation
clause |
The clause in a mortgage or deed of trust
which asserts the lender's option to require that the
balance of the secured debt becomes immediately due and
payable if the property is sold by the borrower, preventing
the borrower from assigning the debt without the lender's
approval |
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ALTA |
American Land Title Association, the
national association of title insurance companies,
abstractors and attorneys specializing in real property law,
headquartered in Washington, D.C. |
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Amenity |
A natural or manmade feature of real
property that enhances its value and attractiveness, though
it is not essential to the property's use |
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Amortization |
The process of payment of a debt or
mortgage loan over time by installments |
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Amortization
schedule |
A timetable for repayment of a debt or
mortgage loan, showing the amount of each payment, what
portion is applied to interest and principal, and the
remaining balance |
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Amortization
term |
The amount of time required to repay the
mortgage loan, expressed in number of
months |
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Amortize |
To pay off a loan or mortgage with periodic
payments that cover both principal and
interest |
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Amortized
loan |
A loan in which both the principal and
interest are payable in monthly or other periodic
installments over the term of the loan, with no balloon
payment prior to maturity |
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Annual mortgagor
statement |
An annual report sent to the borrower
(mortgagor) each year, showing the amount paid in taxes and
interest during the year, as well as the remaining mortgage
loan balance |
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Annual percentage rate
(APR) |
The overall cost of a mortgage, including
interest, mortgage insurance, and loan origination fee
(points), stated as a yearly percentage, thus allowing
buyers to compare different types of mortgages based on the
associated annual finance charges; the APR must be disclosed
to borrowers by lenders, per the Truth-in-Lending
Act |
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Annuity |
The return, including interest, from an
investment of capital, paid in a series of regular
payments |
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Appraisal |
A written estimate of the value of an asset
or property prepared by a qualified, independent party,
through which the asset or property value is
determined |
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Appraised
value |
The estimate of a property's fair market
value, based on an appraiser's analysis of the
property |
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Appraiser |
An individual educated to estimate the
value of real property and personal
property |
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Appreciation |
An increase in the worth of a property due
to changes in economic conditions or other causes; the
opposite of depreciation |
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Appurtenance |
Anything attached to, or used with, a
parcel of land that will go to the new owner on conveyance
of the land |
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ARM |
Adjustable-rate Mortgage. Also see
"Variable Rate Mortgage" |
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Assessment |
A tax, charge or levy against a property
made by the government, based on its value, and levied for a
specific purpose, such as to finance sidewalks, a sewer,
etc. |
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Assessment
rolls |
The public record of taxable
property |
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Assessor |
A public official who evaluates the value
of a property for taxation purposes |
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Asset |
Anything of monetary value owned by an
individual, including real property, personal property, and
enforceable claims against others (bank accounts, stocks,
mutual funds, etc.) |
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Assign |
To transfer interest |
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Assignee |
One who receives an assignment or transfer
of rights |
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Assignor |
One who makes an assignment or transfer of
rights to another |
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Assumable
mortgage |
A mortgage that allows a new owner to take
over its obligations |
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Assumption |
The process of transferring the seller's
existing mortgage and liability for payments to the buyer
when purchasing a property, which usually saves the buyer
money, since assuming a new mortgage incurs additional
closing costs and possibly higher interest
charges |
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Assumption
clause |
The provision in an assumable mortgage that
allows a buyer to take responsibility for that mortgage from
the seller |
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Attachment |
Seizure of property through Court process
to force payment of a debt |
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Attorney-in-fact |
One who holds a power of attorney from
another to execute legal documents on behalf of the grantor
of the power |