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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. ACCRETION The gradual and imperceptible addition to land by alluvial deposits of soil through natural causes, such as shoreline movement caused by streams or rivers. HOUSING AND URBAN DEVELOPMENT See HUD. UPSET PRICE A minimum price set by a court in a judicial foreclosure, below which the property may not be sold by a court appointed commissioner at public auction; the minimum price which can be accepted for the property after the court has had the property appraised. BEARER The legal owner of a piece of property. APPRAISAL The process of estimating, fixing, or setting the market value of real property. An appraisal may take the form of a lengthy report, a completed form, a simple letter, or even an oral report. SWEAT EQUITY Value added to a property in the form of labor or services of the owner rather than cash. RELEASE The discharge or relinquishment of a right, claim or privilege. Releases involving real property transactions should be acknowledged and recorded. TURNKEY PROJECT A development term meaning the complete construction package from ground breaking to the completion of the building. All that is left undone is to turn over the keys to the buyer. PRO FORMA STATEMENT A projection of future income and expenses. LEVEL PAYMENT MORTGAGE A mortgage which is scheduled to be repaid in equal periodic payments which include both principal and interest. INCOME APPROACH An approach to the valuation or appraisal of real property as determined by the amount of net income the property will produce over its remaining economic life. EASEMENT IN GROSS The limited right of one person to use another's land (servient estate), which right is not created for the benefit of any land owned by the owner of the easement; that is, there is no dominant estate, as the easement attaches personally to the owner, not to the land. OVERRIDE A commission paid to managerial personnel (e.g. principal broker) on sales made by their subordinates, usually calculated as a percentage of the gross sales commissions earned by the salesperson. LOAN APPLICATION An initial statement of personal and financial information required to apply for a loan. JOINT LIABILITY Liability shared among two or more people, each of whom is liable for the full debt. TITLE COMPANY A company that insures title to property. PREPAYMENT Full or partial repayment of the principal before the contractual due date. CONVERTIBLE ARMS A type of ARM loan with the option to convert to a fixed-rate loan during a given time period. STATUTE OF LIMITATIONS That law pertaining to the period of time within which certain actions must be brought to court. CUSTOMER TRUST FUND (CTF) An impound account maintained for the purpose of setting up a reserve to pay certain periodic obligations such as real property taxes, insurance premiums, lease rent, and maintenance fees. VENDEE The purchaser of realty; the buyer. The buyer under an agreement of sale. RENTAL AGREEMENT An agreement, written or oral, which establishes or modifies the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit and premises; a lease on residential property. CERTIFICATE OF ELIGIBILITY Document issued by the Veterans Administration to qualified veterans which verifies a veteran's eligibility for a VA guaranteed loan. Obtainable through local VA office by submitting form DD-214 (Separation Paper) and VA form 1880 (request for Certificate of Eligibility). NEGOTIABLE INSTRUMENT Any written instrument which may be transferred by endorsement or delivery so as to vest legal title in the transferee. FIRST MORTGAGE A mortgage which is in first lien position, taking priority over all other liens. In the case of a foreclosure, the first mortgage will be repaid before any other mortgages. 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. |
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