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recommended in the case of married owners of property Joint tenancy, or Tenants by the entirety Ownership of real estate by two or more parties held jointly for life; if one of the owne

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J Joint Ownership Agreement

An agreement made between two or more owners of the same property, defining their rights and responsibilities (e.g recommended in the case of married owners of property)

Joint tenancy, or Tenants by the entirety

Ownership of real estate by two or more parties held jointly for life; if one of the owners dies, the survivor(s) inherit the property without reference to the deceased's will

Judgment

A decision or decree made by a court of law

Judgment lien

A claim against the real property of a debtor, as decreed by the court

Jumbo loan, or Non-conforming loan

A loan amount that exceeds the limits set by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; because such loan cannot be funded

by these two agencies, it carries a higher interest rate

Junior mortgage, or Secondary mortgage

A mortgage whose claim to repayment is of lesser priority than another, previously recorded mortgage

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Lender's Title Insurance

An insurance policy covering a lender for the loan amount, whereby the coverage declines

in amount as the loan is paid off, to the point where there coverage ends when the loan

The right to use, occupy and own, for the duration of the life of the individual

Lifetime payment cap, or Lifetime rate cap

The limit on the amount that payments can increase or decrease over the term of an adjustable-rate mortgage (ARM)

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party, should the other party breach the contract

Loan origination

The process by which a lender sets up a mortgage loan secured by real property

Loan origination fee

The fee charged by the lender to the borrower for setting up a mortgage loan, usually computed as a percentage of the total mortgage amount

Loan-to-value (LTV) percentage

The proportion of the amount of the mortgage loan against the appraised value or sales price of the piece of property being pledged as collateral; e.g., a home with appraised value of $100,000 but with a $90,000 mortgage has a LTC of 90 percent

Lock-in

A guaranteed interest rate established at the time of closing which is honored if the mortgage closes within a certain period of time, also usually establishing the number of points to be paid at closing as well

Lock-in period

The time period during which the set interest rate is guaranteed to the borrower

Loss Payable Clause

A provision in an insurance policy that provides payment for any loss to two or more parties, as their interest so justifies, the two parties typically being the owner and the lender

Lot

A parcel of land with fixed boundaries as determined by a survey

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Market value, or Fair market value

The most likely price that a piece of property or home can realistically be sold for, and is dependent on the selling price of similar real estate in the area

Metes and Bounds

Means for describing property by a set of directions and distances, when there isn't identification based on a surveyed lot number

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An organization of brokers who share their listing agreements with one another in order

to find buyers for their properties more effectively than they could individually

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N

National Association of Realtors (NAR)

A real estate trade organization that sets the standards for integrity and honesty within the real estate profession nationwide

Negative amortization

A gradual increase in the balance of a loan or mortgage which occurs because the

monthly payments made are too small to cover the entire principal and interest charges; this shortfall amount is added to the remaining balance, resulting in negative amortiz

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Owner's Title Insurance

A policy insuring the full purchase price of a piece of property for the buyer, usually including adjustments for inflation each year up to a maximum of 150% of the original policy amount, the premium for which is payable at the time of closing

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P

P.M.I, or Private Mortgage Insurance

Acronym for Private Mortgage Insurance, see below

A provision in a will, mortgage or trust agreement authorizing the sale or transfer of land

in accordance with the terms of the provision

Pre-Approval

A commitment from a lender to loan a certain amount of money to a buyer at a

designated interest rate and for a specified period of time, which gives the buyer an advantage in competing to purchase real estate or a home

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Preforeclosure sale

The sale of a property by a mortgagor for less than the amount owed to the lender of the mortgage for the property, thereby allowing the mortgagor to avoid foreclosure, and done with the approval of the lender

Private mortgage insurance, or P.M.I

A policy that insures that the lender will recover a specific percentage of the loan amount from the insurance company in the event that the borrower defaults; is not backed by any government agency; is usually required when a down payment of less than 20

PUD (Planned Unit Development)

A multi-unit property or subdivision that includes common property that is owned and maintained by a homeowners' association, for the use of the individual owners

Purchase and sale agreement

A written contract signed by the buyer and seller that states the conditions under which a property will be transferred or sold

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Purchase money mortgage

An agreement whereby financing provided by the seller is included in the purchase price

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In an adjustable-rate loan, the ceiling on the amount that the interest rate can be

increased at each adjustment

Rate lock, or lock-in

A commitment to a specified fixed interest rate for a designated period of time, issued by

a lender

Real estate agent

An individual trained and licensed to negotiate the sale of real estate on behalf of the property owner

Real estate investment trust (REIT)

An organization of individuals who purchase certificates of ownership in the trust, which then invests their money in real property, distributing the profits back to the individual investors free of corporate income tax

Real Estate Settlement Procedures Act (RESPA)

A federal consumer protection law that requires certain disclosures of lenders to

consumers relative to mortgage loans

Recision

The cancellation or annulment of a transaction or contract based on law or by mutual consent

Recording

The entering or noting of documents affecting all transactions of real estate in the

recorder's office in each county, making it public record; until recorded, a mortgage or deed is usually not valid against subsequent buyers

Recording fees

Payment made to the lender for recording the sale of a property with the county office

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Restrictive covenants, or Protective covenants

A provision in a deed that limits how real estate ownership may be used

Reverse-annuity mortgage (RAM)

A loan or mortgage whereby the amount of the monthly payments the borrower receives

is based on accumulated equity, rather than on the agreed-upon total sum loaned

Reversion

A clause in a transfer of title that returns the property to the grantor upon specified events or occurrences happening

Right of first refusal

The right specified in an agreement to have the first opportunity to purchase or lease a given property before it is offered to others, or alternately, the prior right to purchase a property based on the same terms made by another buyer that were acceptab

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S

Sale-leaseback

A transaction in which a seller deeds property to a buyer for a consideration, and the buyer simultaneously leases the property back to the seller

Sales comparison approach

The method of evaluating a property's value by comparing it to actual sales prices and values of comparable properties

SBA

Abbreviation for the Small Business Administration

Second mortgage, or junior mortgage

A mortgage whose claim to repayment is of lesser priority than another, previously recorded mortgage, usually or shorter term and often at higher interest

Secondary market

Agents or agencies that buy mortgages from primary lenders, usually at discounted prices, to sell to investors

Section, or Section of land

A parcel of land measuring one square mile or 640 acres

Set Back Lines

The distance designated by zoning regulations that is required between the perimeter of

a property and where structures can be positioned

Severalty, or Sole ownership

Ownership of real property by only one individual

Special assessment

An additional tax imposed by the government against specific parcels of real estate that will benefit from a public improvement, such as a street

Special warranty deed

An agreement whereby the current owner/seller guarantees he has done nothing that would impair or cloud title, but does not make any guarantee for what occurred prior to his ownership of the property

Specific performance

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A legal action that requires a party to honor the terms of a contract

Statute of limitations

The time period allowed for the filing of a legal suit to enforce a claim, after which any such claims are barred

Step-rate mortgage

A loan that allows for the interest rate to increase in increments according to a

designated schedule for a specified period of time, at the end of which, the interest rate returns to a constant percentage

Subsidized second mortgage

An alternative financing option for low- and moderate-income households, issued by a state or county housing foundation, agency or nonprofit corporation, whereby the buyer can purchase a first mortgage with a subsidized second mortgage behind it; payment

Survey

The process of determining property areas, by measuring its dimensions, lot lines and other physical features

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A version of joint tenancy of a property, but without any right of succession by

survivorship among the owners

Testate

To die having prepared and left a valid will

Testator

The individual who makes out a last will and testament

Time is of the essence

A condition in a contract requiring the completion of a certain act within a designated period of time

Insurance that protects the owner or mortgagee against loss arising from disputes over

or defects in the title to a parcel of real estate that arise after ownership has been

transferred

Title search

Research into public title records to determine the current status of ownership of a piece

of property; a licensed attorney must provide any legal interpretation of the records found

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Transfer tax

State or local taxes imposed on a transfer of ownership of real property

Trust

A right to a piece of property that is held for the benefit of another

Trust deed, or a Deed of trust

A written document that grants the trustee the title to a piece of property for the benefit

of another, and which gives the trustee the power to sell, mortgage or subdivide the property

Two-step mortgage

An adjustable-rate mortgage that charges a below-market interest rate for a designated number of years (usually 5 or 7) after which the interest rate is adjusted to the current market conditions

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V

VA guarantee

An insurance contract for which the Veterans Administration (VA) guarantees the lender's recovery of a designated percentage of the loan amount from the insurer in the event that the borrower defaults on the loan

VA loan, or Government mortgage

A mortgage loan available to qualified military veterans which is guaranteed by the Department of Veteran Affairs, usually offering either no down payment or a low down payment

Valuation

The estimated of value of a property

Variable rate mortgage, or Adjusted rate mortgage

A mortgage with interest rates that may fluctuate based on market conditions

Verification of Deposit

A statement signed by the borrower's financial institution that verifies the current

balances in the borrower's accounts

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A written document stating how an individual chooses to have his or her property

distributed after his or her death

Wraparound loan or Wraparound mortgage

A method of refinancing which covers the remaining balance on an existing first mortgage

as well as the additional amount of loan being requested by the mortgagor; full payments covering both mortgages are made to the Wraparound mortgagee, who then forwar

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Z Zoning

e regulation by local government of the use and development of private land

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