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QUIET ENJOYMENT The right of a new owner or a lessee legally in possession to uninterrupted use of the property without interference from the former owner, lessor or any third party claiming superior title. HYPOTHECATE To pledge specific real or personal property as security for an obligation, without surrendering possession of it. NUISANCE Conduct or activity which results in an actual physical interference with another person's reasonable use or enjoyment of his property for any lawful purpose. TAX SALE Public sale of property by a government authority as a result of non-payment of taxes. EQUITY That interest or value remaining in property after payment of all liens or other charges on the property. A owner's equity is normally the monetary interest over and above the mortgage indebtedness. DOMICILE The state where an individual has his true, fixed, permanent home and principal business establishment and to which place he has the intention of returning whenever he is absent. FISCAL YEAR A business year used for tax, corporate or accounting purposes, as opposed to a calendar year. JOINT VENTURE The joining of two or more people in a specific business enterprise such as the development of a condominium project or a shopping center. DOUBLE ESCROW An escrow set up to handle the concurrent sale of one property and purchase of another property by same party. LOCK OR LOCK-IN A lender's guarantee of an interest rate for a set period of time. The time period is usually that between loan application approval and loan closing. The lock-in protects you against rate increases during that time. BANKRUPTCY A proceeding in a federal court to relieve certain debts of a person or a business unable to pay its debts. SIMPLE INTEREST Interest computed on the principal balance only. SEPTIC TANK A sewage settling tank in which part of the sewage is converted into gas and liquids before the remaining waste is discharged by gravity into a leaching bed underground. BILL OF SALE A written agreement by which one person sells, assigns or transfers his right to, or interest in, personal property to another. LOAN ORIGINATION FEE Fee charged by a lender to cover administrative costs of processing a loan. NATIONAL ASSOCIATION OF REALTORS Formerly known as the National Association of Real Estate Boards (NAREB), it is the largest and most prestigious real estate organization in the world. REMAINDER ESTATE A future interest in real estate created at the same time and by the same instrument as another estate, and limited to arise immediately upon the termination of the prior estate. JUST COMPENSATION An amount of compensation to be received by a party for the taking of property under the power of eminent domain. REALTOR A registered word which may only be used by an active real estate broker who is a member of the state and local real estate board affiliated with the National Association of Realtors. The use of the name REALTOR and the distinctive seal in advertising is strictly governed by the rules and regulations of the National Association. CODE OF ETHICS A written system of standards of ethical conduct. The Code of Ethics of the National Association of Realtors, first written in 1913, establishes the high standards of conduct for members of the Realtor community. TRIPLE NET LEASE A net, net, net lease, where in addition to the stipulated rent, the lessee assumes payment of all expenses associated with the operation of the property. METES AND BOUNDS A common method of land description that identifies a property by specifying the shape and boundary dimensions of the parcel, using terminal points and angles. POINT OF BEGINNING The starting point in a metes and bounds description of property, which is usually a street intersection or a specific monument. 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. OBSOLESCENCE A type of depreciation of property. CASHIER'S CHECK (OR BANK CHECK) A check whose payment is guaranteed because it was paid for in advance and is drawn on the bank's account instead of the customer's. GIFT TAX A graduated federal tax paid by a donor upon making a gift. GRACE PERIOD Period of time during which a loan payment may be made after its due date without incurring a late penalty. The grace period is specified as part of the terms of the loan in the Note. |
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