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REFINANCE The act of obtaining a new loan to pay off an existing loan; the process of paying off one loan with the proceeds from another. 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. PRINCIPAL The capital sum; interest is paid on the principal. NOT spelled principle. CERTIFICATE OF REASONABLE VALUE (CRV) A certificate issued by the Veterans Administration setting forth a property's current market value estimate, based upon a VA approved appraisal. INNOCENT PURCHASER FOR VALUE One who purchases real property without notice, actual or constructive, of any superior rights or interests in the real property. MASTER PLAN A comprehensive plan to guide the long-term physical development of a particular area. GRANTOR The person transferring title to, or an interest in, real property. A grantor must be competent to convey; thus, for example, an insane person cannot convey title to real property. DESCRIPTION The portion of a conveyance document which defines the property being transferred. NEGOTIABLE INSTRUMENT Any written instrument which may be transferred by endorsement or delivery so as to vest legal title in the transferee. AMORTIZATION The gradual repayment of a debt by means of systematic payments of principal and interest over a set period, where at the end of the period there is a zero balance. SPECIFIC PERFORMANCE A legal action brought in a court of equity to compel a party to carry out the terms of a contract. NOVATION The substitution of a new obligation for an old one; substitution of new parties to an existing obligation, as where the parties to an agreement accept a new debtor in place of an old one. AIR RIGHTS The rights to the use of the open space or vertical plane above a property. Ownership of the land includes the right to all air above the property. CAPS (PAYMENT) Consumer safeguards which limit the amount monthly payments on an adjustable-rate mortgage may change. Since they do not limit the amount of interest the lender is earning, these consumer safeguards may cause negative amortization. QUANTITY SURVEY A method of estimating construction cost or reproduction cost; a highly technical process used in arriving at the cost estimate of new construction and sometimes referred to in the building trade as the price take-off method. BASE LINE AND MERIDIAN An imaginary set of lines used by surveyors to locate and describe land under the Rectangular Survey Method of property description used in most mainland states. RANGE A measurement, used in the government survey system, consisting of a strip of land six miles wide, running in a north-south direction. BLANKET MORTGAGE A mortgage that covers more than one parcel of real estate. MORTGAGE BANKER A corporation or firm which normally provides its own funds for mortgage financing. PROPERTY The rights or interests a person has in the thing owned; not, in the technical sense, the thing itself. These rights include the right to possess, to use, to encumber, to transfer and to exclude, commonly called the "bundle of rights." HAZARD INSURANCE Protects the insured against loss due to fire or other natural disaster in exchange for a premium paid to the insurer. NON-ASSUMPTION CLAUSE A statement in a mortgage contract forbidding the assumption of the mortgage by another borrower without the prior approval of the lender. REDUCTION CERTIFICATE An instrument which shows the amount of the unpaid balance of a mortgage, the rate of interest and the date of maturity. 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. SETTLEMENT COST (HUD GUIDE) HUD - published booklet that provides an overview of the lending process, and that is given to consumers after completing loan application. CONVERSION CLAUSE A provision in some ARMs that allows you to change an ARM to a fixed-rate loan, usually after the first adjustment period. The new fixed rate will be set at current rates, and there may be a charge for the conversion feature. PREPAYMENT PENALTY Fee charged by a lender for a loan paid off in advance of the contractual due date. DEPRECIATION (APPRAISAL) A loss in value due to any cause; any condition which adversely affects the value of an improvement. |
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