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PRESCRIPTION The acquiring of a right in property, usually in the form of an intangible property right such as an easement or right-of-way, by means of adverse use of property that is continuous and uninterrupted for the prescriptive period. PROBATE The formal judicial proceeding to prove or confirm the validity of a will. The will is presented to the probate court, and creditors and interested parties are notified to present their claims or to show cause why the provisions of the will should not be enforced by the court. VENDEE The purchaser of realty; the buyer. The buyer under an agreement of sale. LICENSEE A person who has a valid license. A real estate licensee can be a salesperson or a broker, active or inactive, an individual, a corporation, or a partnership. LIFE ESTATE Any estate in real or personal property which is limited in duration to the life of its owner or the life of some other designated person. CLUSTER DEVELOPMENT The grouping of housing units on less than normal size homesites, with the remaining land being devoted to common areas. LOAN-TO-VALUE RATIO The ratio that the amount of the loan bears to the appraised value of the property or the sales price, whichever is lower. BROKER One who acts as an intermediary between parties to a transaction. A real estate broker is a properly licensed person who, for a valuable consideration, serves as an agent to others to facilitate the sale or lease of real property. DEFICIENCY JUDGEMENT A judgment against a borrower, endorser, or guarantor for the balance of the debt issued when the security for a loan is insufficient to satisfy the debt. PERMANENT FINANCING A long-term loan, as opposed to an interim loan. STATUTE OF FRAUDS That law which requires certain contracts to be in writing and signed by the party to be charged therewith in order to be legally enforceable. LEVEL PAYMENT MORTGAGE A mortgage which is scheduled to be repaid in equal periodic payments which include both principal and interest. PROSPECTUS A printed statement distributed to describe, advertise and give advance information on a business, venture, project or stock issue. DEPRECIATION (APPRAISAL) A loss in value due to any cause; any condition which adversely affects the value of an improvement. 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. DESCRIPTION The portion of a conveyance document which defines the property being transferred. |
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