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SETBACK Zoning restrictions on the amount of land required surrounding improvements; the amount of space required between the lot line and the building line. MORTGAGEE The lender in a mortgage loan transaction. 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. DEVISE A transfer of real property under a will. CAPITALIZATION A mathematical process for converting net income into an indication of value, commonly used in the income approach to appraisal. FISCAL YEAR A business year used for tax, corporate or accounting purposes, as opposed to a calendar year. POWER OF SALE A clause written into a mortgage authorizing the mortgagee to sell the property in the event of default. RIGHT OF SURVIVORSHIP The distinctive characteristic of a joint tenancy (also tenancy by entirety) by which the surviving joint tenant(s) succeeds to all right, title and interest of the deceased joint tenant without the need for probate proceedings. 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. NONCONFORMING USE A permitted use which was lawfully established and maintained but which no longer conforms to the current use regulations because of a change in the zoning. POINTS A generic term for a percentage of the principal loan amount which the lender charges for making the loan; each point is equal to one percent of the loan amount. TITLE SEARCH An examination of the public records to determine what, if any, defects there are in the chain of title. PERSONAL PROPERTY Things which are tangible and moveable; property which is not classified as real property; chattels; personalty. DEFAULT Failure to meet legal obligations in a contract, including failure to make payments on a loan. CAPITAL IMPROVEMENT Any structure which is erected as a permanent improvement to real property; any improvement which is made to extend the useful life of a property, or to add to the value of the property. COOPERATING BROKER A broker who joins with another broker in the sale of real property. CLOSING COSTS Expenses of the sale which must be paid in addition to the purchase price (in the case of the buyer's expenses), or be deducted from the proceeds of the sale (in the case of the seller's expenses). ORIGINATION FEE The finance fee charged by a lender for placing a mortgage, which covers initial costs such as preparation of documents and credit, inspection and appraisal fees. DECLARATION OF RESTRICTIONS A statement of all the covenants, conditions and restrictions ("CC&R's") which affect a parcel of land. REAL ESTATE The physical land and appurtenances, including any structures; for all practical purposes synonymous with real property. TAX IMPOUND Money paid to and held by a lender for annual tax payments. JURISDICTION The authority or power to act, such as the authority of a court to hear and render a decision that binds both parties. BULK TRANSFERS Any transfer in bulk, and not in the ordinary course of the seller's business, of a major part of the materials, inventory or supplies of an enterprise. COMMINGLING To mingle or mix; for example, to deposit client funds in the broker's personal or general account. A licensee found guilty of commingling can have the license suspended or revoked by the Real Estate Commission. LETTER OF CREDIT An agreement or commitment by a bank("issuer") made at the request of a customer ("account party")that the bank will honor drafts or other demands of payment from third parties ("beneficiaries") upon compliance with the conditions specified in the letter of credit. TOWNSHIP A piece of property, used in the government survey system of land description, which is 6 miles square, and contains36 sections, each 1 mile square; and consists of 23,040 acres. VARIANCE Permission obtained from governmental zoning authorities to build a structure or conduct a use which is expressly prohibited by the current zoning laws; an exception from the zoning laws. ASSIGNMENT The transfer of the right, title and interest in the property of one person, the assignor, to another, the assignee. In real estate, there are assignments of mortgages, contracts, agreements of sale, leases, and options, among others. |
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