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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. IMPROVED LAND Real property whose value has been enhanced by the addition of on-site and off-site improvements such as roads, sewers, utilities, buildings, etc.; as distinguished from raw land. RESPA Real Estate Settlement Procedures Act. RESPA is a federal law that gives consumers the right to review information about loan settlement costs. The law gives you the right to review this information after you apply for a loan, and again at loan settlement. The law only obliges lenders to provide these settlement costs after application. PER DIEM INTEREST Interest calculated per day. (Depending on the day of the month on which closing takes place, you will have to pay interest from the date of closing to the end of the month. Your first mortgage payment will probably be due the first day of the following month.) LAND DESCRIPTION A description of a particular piece of real property. DELINQUENCY Failure to make payments as agreed in the loan agreement. DENSITY A term, frequently used in connection with zoning requirements, which means the maximum number of building units per acre or the number of occupants or families per unit of land area (acre, square mile, etc.); usually the ratio of land area to improvement area. LENDER The bank, mortgage company, or mortgage broker offering the loan. BUYER'S MARKET Market conditions that favor buyers. With more sellers than buyers in the market, sellers may be forced to make substantial price concessions. MORTGAGOR The one who gives a mortgage as security for a debt; the borrower; usually the landowner; the borrower or debtor who hypothecates or puts up his property as security for an obligation. ECOA See Equal Credit Opportunity Act. RIPARIAN Those rights and obligations which are incidental to ownership of land adjacent to or abutting on watercourses such as streams and lakes. EARNEST MONEY Deposit made by a buyer towards the down payment in evidence of good faith when the purchase agreement is signed. LEGAL RATE OF INTEREST The maximum interest rate permitted bylaw, with anything above that rate being usury. SURVIVORSHIP The right of survivorship is that special feature of a joint tenancy whereby all title, right and interest of a decedent joint tenant in certain property passes to the surviving joint tenants by operation of law, free from claims of heirs and creditors of the decedent. FIDUCIARY A relationship which implies a position of trust or confidence wherein one is usually entrusted to hold or manage property or money for another. Among the obligations a fiduciary owes to the principal are duties of loyalty; obedience; full disclosure; the duty to use skill, care and diligence; and the duty to account for all monies. CONTINGENCY A provision placed in contract which requires the completion of a certain act or the happening of a particular event before a contract is binding. STEP-UP LEASE A lease with fixed rent for an initial term and provision for pre-determined rent increases at specified intervals and/or increases based upon periodic appraisals; sometimes called a graduated lease. DISCOUNT POINTS (OR POINTS) Points are an up-front fee paid to the lender at the time that you get your loan. Each point equals one percent of your total loan amount. Points and interest rates are inherently connected: in general, the more points you pay, the lower the interest rate you get. However, the more points you pay, the more cash you need up front since points are paid in cash at closing. FEDERAL TAX LIEN A federal lien which attaches to real property, either if the federal estate tax is not paid, or if the taxpayer has violated the federal income tax or payroll tax laws. OFFER A promise by one party to act or perform in a specified manner provided the other party will act or perform in the manner requested. |
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