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FEDERAL HOUSING ADMINISTRATION (FHA) The FHA was set up in1934 under the National Housing Act to encourage improvement in housing standards and conditions, to provide an adequate home financing system by insurance of housing mortgages and credit, and to exert a stabilizing influence on the mortgage market. BLUE SKY LAWS State securities laws designed to protect the public from fraudulent practices in the promotion and sale of securities, e.g., through limited partnerships, syndications, bonds. OPINION OF TITLE An opinion by a person competent in examining titles, usually a title attorney, as to the status of the title of a property. FINDER'S FEE A fee paid to someone for producing a buyer to purchase or a seller to list property; also called a referral fee. MORTGAGEE The one who receives and holds a mortgage as security for a debt; the lender; a lender or creditor who holds a mortgage as security for payment of an obligation. CLEAR TITLE Title to property that is free from liens, defects or other encumbrances, except those which the buyer has agreed to accept, such as mortgage to be assumed, the ground lease of record, and the like; established title; title without clouds. MARKETABLE TITLE Good or clear title reasonably free from risk of litigation over possible defects; also referred to as merchantable title. Marketable title need not, however, be perfect title. LEASEHOLD A less-than-freehold estate which a tenant possesses in real property. FHA See Federal Housing Administration. SECOND MORTGAGE An additional mortgage placed on a property that has rights that are subordinate to the first mortgage. COLLATERAL Something of value given or pledged as security for a debt or obligation. The collateral for a real estate mortgage loan is the mortgaged property itself, which has been hypothecated. DUE ON SALE CLAUSE A form of acceleration clause found in some mortgages, especially savings and loan mortgages, requiring the mortgagor to pay off the mortgage debt when selling the secured property, thus resulting in automatic maturity of the note at the lender's option. CONTRACT A legal agreement between competent parties who agree to perform or refrain from performing certain acts for a consideration. In real estate, there are many different types of contracts, including listings, contracts of sale, options, mortgages, assignments, leases, deeds, escrow agreements, and loan commitments, among others. WARRANTY A guaranty by the seller, covering the title as well as the physical condition of the property. HOUSING AND URBAN DEVELOPMENT See HUD. INCORPOREAL RIGHTS Intangible or non-possessory rights in real property such as easements, licenses, profits and the like. FRONTAGE The length of a property abutting a street or body of water; that is, the number of feet that "front" the street or water. JUST COMPENSATION An amount of compensation to be received by a party for the taking of property under the power of eminent domain. AGENT One who is authorized to represent and to act on behalf of another person (called the principal). A real estate broker is the agent of his client, be it the seller or buyer, to whom he owes a fiduciary obligation. A salesman is the agent of his broker and does not have a direct personal contractual relationship with either the seller or buyer. CONVEYANCE The document used to effect a transfer, such as a deed, or mortgage. OFFICE EXCLUSIVE A listing in which the seller refuses to submit the listing to Multiple Listing Service, even after being informed of the advantages of MLS, and signs a certification to that effect. CHAIN OF TITLE The recorded history of matters which affect the title to a specific parcel of real property, such as ownership, encumbrances and liens, usually beginning with the original recorded source of the title. LEGAL RATE OF INTEREST The maximum interest rate permitted bylaw, with anything above that rate being usury. NEGOTIABLE INSTRUMENT Any written instrument which may be transferred by endorsement or delivery so as to vest legal title in the transferee. |
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