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RESCISSION The legal remedy of canceling, terminating or annulling a contract and restoring the parties to their original positions; a return to the status quo. EMINENT DOMAIN The right of government, both state and federal, to take private property for a necessary public use, with just compensation paid to the owner. FORBEARANCE The act by the lender of refraining from taking legal action on a mortgage loan that is delinquent. FIRST REFUSAL, RIGHT OF The right of a person to have the first opportunity either to purchase or lease real property. NOTICE OF DEFAULT Written notice to a borrower that a default has occurred and that legal action may be taken. RATE OF RETURN The relationship (expressed as a percentage)between the annual net income generated by a business and the invested capital, or the appraised value, or the gross income, etc., of the business. HUD-1 UNIFORM SETTLEMENT STATEMENT A standard form which itemizes the closing costs associated with purchasing a home or refinancing a loan. RECEIVER An independent party appointed by a court to impartially receive, preserve and manage property which is involved in litigation, pending final disposition of the matter before the court. ACCESS A general or specific right of ingress and egress to a particular property. LEGAL DESCRIPTION A description which is complete enough that an independent surveyor could locate and identify a specific piece of real property. VALUE The power of a good or service to command other goods in exchange for the present worth of future rights to income or amenities; the present worth to typical users and investors of future benefits arising out of ownership of a property. EASEMENT A property interest which one person has in land owned by another entitling the holder of the interest to limited use or enjoyment of the other's land. NOTE Legal document obligating a borrower to repay a loan at a stated interest rate during a specified period of time. The agreement is secured by a mortgage or deed of trust or other security instrument. CONTRACT OF SALE The agreement between the buyer and seller on the purchase price, terms, and conditions of a sale. ACKNOWLEDGEMENT A formal declaration made before a duly authorized officer, usually a Notary Public, by a person who has signed a document. RENT Fixed periodic payment made by a tenant or occupant of property to the owner for the possession and use thereof, usually by prior agreement of the parties. RENT CONTROL Regulation by state or local governmental agencies restricting the amount of rent landlords can charge their tenants; such regulation is a valid exercise of the state's police power. DEDICATION The application of privately owned land to the public for no consideration, with the intent that the land will be accepted and used for public purposes. CONVEYANCE The transfer of title to real property by means of a written instrument such as a deed or an assignment of lease. CODE OF ETHICS A written system of standards of ethical conduct. The Code of Ethics of the National Association of Realtors, first written in 1913, establishes the high standards of conduct for members of the Realtor community. APPLICATION FEE Fee charged by a lender to cover the initial costs of processing a loan application. The fee may include the cost of obtaining a property appraisal, a credit report, and a lock-in fee or other closing costs incurred during the process or the fee may be in addition to these charges. GENERAL CONTRACTOR A construction specialist who enters into a formal construction contract with a land owner or master lessee to construct a real estate building or project. SUBORDINATION AGREEMENT An agreement whereby a prior mortgagee agrees to subordinate or give up their priority position to an existing or anticipated future lien. DEFERRED COMMISSIONS Commissions which are earned but not yet fully paid. PRINCIPAL The amount of debt, not counting interest, left on a loan. NOTICE (1) Legal notice is notice which is required to be made by law, or notice which is imparted by operation of law as a result of the possession of property or the recording of documents. (2) Notice which is required by contract, for example, when the parties agree to terminate a contract by the written notice of either party 30 days prior to termination. |
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