A condensed history or summary of all transactions affecting a particular tract of land.

Abstract of Title


The date when both parties, seller and buyer, have agreed to and completed signing and/or initiating the contract.

Acceptance


A mortgage that permits the lender to adjust the mortgage's interest rate periodically on the basis of changes in a specified index. Interest rates may move up or down, as market conditions change.

Adjustable Rate Mortgage


A loan that is paid in equal installments during its term.

Amortized Loan


An estimate of real estate value, usually issues to standards of FHA, VA and FHMA. Recent comparable sales in the neighborhood is the most important factor in determining value.

Appraisal


An increase in the value of a property due to changes in market conditions or other causes. The opposite of depreciation.

Appreciation


Purchaser takes ownership to real estate encumbered bean existing mortgage and assumes responsibility as the guarantor for the unpaid balance of the mortgage.

Assumable Mortgage


Document used to transfer title (ownership) of PERSONAL property 

Bill of Sale


A term applied to the past series of transactions and documents affecting the title to a particular parcel of land.

Chain of Title


Also known as "escrow" or "settlement." The process of executing legally binding documents, such as deeds and mortgages, most commonly associated with the purchase of real estate and the borrowing of money to assist in the purchase.

Closing
 


Any condition that affects the clear title to real property.

Cloud on Title


Anything of value to induce another to enter into a contract, i.e., money, services, a promise.

Consideration


A written instrument, which when properly executed and delivered, conveys title to real property.

Deed


An instrument used in many states in place of a mortgage. Property is transferred to a trustee by the truster (borrower), in favor of the beneficiary (lender), and reconvened (satisfied) upon payment in full.

Deed of Trust
 


A loan fee charges by a lender of FHA, VA or conventional loans to increase the yield on the investment. One point = 1% of the loan amount.

Discount Points
 


Advance on payment of part of the purchase price to bind a contract for property.

Earnest Money


An interest in land owned by another that entitles its holder to a specific limited use, such as laying sewer, putting up electric power lines or crossing the property.

Easement
 


A trespass or intrusion onto another's property, usually by a structure, wall or fence.

Encroachment


Anything that burdens (limits) the title to property, such as a lien, easement, or restriction of any kind.

Encumbrance


The value of real estate over and above the liens against int. It is obtained by subtraction the total liens from the value.

Equity


A procedure whereby a disinterested third party handles legal documents and funds on behalf of a seller and buyer, and delivers them upon performance by the parties.

Escrow
 


That portion of a mortgagor's monthly payment held in a trust but eh lender to pay for taxes, hazard insurance and other items as they become due.

Escrow Payment


The investigation and interpretation of the record title to real property based on the title search or abstract

Examination of Title


In legal descriptions, that portion of the land to be deleted or excluded. The erm is often used in a different sense to mean an encumbrance on title, excluded from coverage in a title insurance policy.

Exemption


Nickname for Federal National Mortgage Corporation (FNMA), a tax-paying corporation created by congress to support the secondary mortgages insured by FHA or guaranteed by VA, as well as conventional loans.

Fannie Mae


An agency of the U.S. Department of Housing and Urban Development (HUD). Its main activity is 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 contract housing.

Federal Housing Administration (FHA)


A mortgage under which the Federal Housing Administration insures loans made, according to its regulations.

FHA Insured Mortgage


A loan that fixes the interest rate at a prescribed rate for the duration of the loan.

Fixed Rate Mortgage


Procedure whereby property is pledged as security for a debt is sold to pay the debt in the event of default.

Foreclosure


Nickname for Federal Home Loan Mortgage Corporation (FHLMC), a federally controlled and operated corporation to support the secondary mortgage market. It purchases and sells residential conventional home mortgages.

Freddie Mac


Any loan where the borrower pays a portion of the interest due each month during the first few years of the loan. The payment increases gradually during the first few years to the amount necessary to fully amortize the loan during its life.

Graduated Payment Mortgage


One who might inherit or succeed to an interest in land of an individual who dies without leaving a will (intestate).

Heir


An estate where two or more persons hold real estate jointly for life, the survivors to take the entire interest on the death of one of the joint tenants.

Joint Tenancy


A decree of a court. In practice, this is the lien or charge upon the land of a debtor resulting from the court's award of money to a creditor.

Judgement


Buyer makes a deposit for future purchases of a property with the right to lease property in the interim.

Lease Purchase Agreement


A contract, which gives one the right to lease property at a certain sum with the option to purchase at a future date.

Lease with Option


A hold, claim or charge allowed by a creditor upon the land of a debtor. Some examples are mortgage liens, judgement liens and mechanics' liens.

Lein


A form of title insurance policy which insures the validity, enforceability and priority of a lender's lien. This form does not provide protection for the owner.

Loan Policy


The ratio of the mortgage loan principal (amount borrowed) to the property's appraised value (selling price). Example- on a $100,000 home, with a mortgage loan principal of $80,000 the loan to value ratio is 80%.

Loan to Value Ratio (LTV)


A legal document that pledges a property to the lender as security for payment of a debt.

Mortgage


The amount paid by a mortgagor for mortgage insurance. This insurance protects the investor from possible loss in the event of a borrower's default on a loan.

Mortgage Insurance Premium (MIP)


A written promise to pay a certain amount of money.

Note


A fee paid to a lender for services provided when granting a loan, usually a percentage of the face amount of the loan.

Origination Fee


A policy of title insurance, which insures a named owner against loss by reason of defects, liens and encumbrances not excepted to in the policy or un-marketability of the title.

Owner's Policy


An instrument authorizing another to act on one's behalf in legal matters.

Power of Attorney


see Mortgage Insurance Premium.

Private Mortgage Insurance (PMI)


To allocate between seller and buyer their proportionate share of an obligation paid or due. For example, a proration of real property taxes or fire insurance premiums.

Prorate


Also known as a second deed or trust, junior mortgage or junior lien. An additional loan imposed on a property with a first mortgage. Generally, a higher interest rate and a shorter term than a "first" mortgage.

Second Mortgage


A financial statement rendered to the buyer and seller at the time of transfer of ownership, giving an account of all funds received or expanded.

Settlement Statement (HUD-1)


Ownership by one person only. Sole ownership.

Severalty Ownership


The process of measuring land to determine its size, location and physical description, and the resulting drawing or map.

Survey


(i) Ownership of real property, which stands against the right of anyone else to claim the property, (ii) the evidence of right which a person has to the ownership and possession of land.

Title


An insurance policy that protects the insured (buyer or lender) against loss arising from defects in the title.

Title Insurance


 
 
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