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INDEX A published rate used by lenders that serves as the basis for determining interest rate changes on ARM loans. DEFERRED COMMISSIONS Commissions which are earned but not yet fully paid. TRANSFER TAX Tax paid when title passes from one owner to another. BLANKET MORTGAGE A mortgage that covers more than one parcel of real estate. NOTICE TO QUIT A written notice given by a landlord to his tenant, stating that the landlord intends to regain possession of the leased premises and that the tenant is required to quit and remove himself from the premises either at the end of the lease term or immediately if there is a breach of lease or if the tenancy is at will or by sufferance; sometimes refers to the notice given by the tenant to the landlord that he intends to give up possession on a stated day. PERFORMANCE BOND A bond, usually posted by one who is to perform work for another, which assures that a project or undertaking will be completed as per agreement or contract. ESCHEAT The reversion of property to the state when a decedent dies intestate and there are no heirs capable of inheriting, or when the property is abandoned. COURTESY TO BROKERS The practice of sharing commissions with cooperating brokers. BILATERAL CONTRACT A contract in which each party promises to perform an act in exchange for the other party's promise to perform. 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. VOID Having no legal force or binding effect; a nullity; not enforceable. A contract for an illegal purpose (i.e. gambling)is void. INTERIM FINANCING A short-term loan usually made during the construction phase of a building project; often referred to as the "construction loan." ACCELERATION CLAUSE A common provision of a mortgage or note providing the holder with the right to demand that the entire outstanding balance is immediately due and usually payable in the event of default. CUL DE SAC A street which is open at one end only, and which usually has a circular turnaround; a blind alley. POWER OF SALE A clause written into a mortgage authorizing the mortgagee to sell the property in the event of default. 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. UNILATERAL CONTRACT A contract in which one party makes an obligation to perform without receiving in return any express promise of performance from the other party, such as an open listing contract, where the seller agrees to pay a commission to the first broker who brings in a ready, willing and able buyer. SURVEY The process by which boundaries are measured and land areas are determined; the on-site measurement of lot lines, dimensions, and position of houses in a lot including the determination of any existing encroachments or easements. FIXTURE An article which was once personal property but has been so affixed to the real estate that it has become real property (e.g. stoves, bookcases, plumbing, etc.). If determined to be a fixture, then the article passes with the property even though it is not mentioned in the deed. APPLICATION An initial statement of personal and financial information required to apply for a loan. RENT Fixed periodic payment made by a tenant or occupant of property to the owner for the possession and use thereof, usually by prior agreement of the parties. INDUSTRIAL PARK An area zoned industrial and containing sites for many separate industries and developed and managed as a unit, usually with provisions for common services for the users. RISK OF LOSS Responsibility for damages caused to improvements. The risk of loss passes to the vendee when either title or possession passes, and he should protect himself by securing proper insurance. PLANNED UNIT DEVELOPMENT (PUD) A modern concept in housing designed to produce a high density of dwellings and maximum utilization of open spaces. LATERAL AND SUBJACENT SUPPORT The support received by a parcel of real property from the land adjoining it is called lateral support. Subjacent support is that support which the surface of the earth receives from its underlying strata. FEDERAL HOUSING ADMINISTRATION (FHA) The FHA was set up in1934 under the National Housing Act to encourage improvement in housing standards and conditions, to provide an adequate home financing system by insurance of housing mortgages and credit, and to exert a stabilizing influence on the mortgage market. PARTY WALL A wall which is located on or at a boundary line between two adjoining parcels and is used or is intended to be used by the owners of both properties in the construction or maintenance of improvements on their respective lots. DOWN PAYMENT The amount of your home's purchase price you need to supply up front in cash to get your loan. For conventional loans, you should strive for a down payment that's at least 20% of your home's value, since lenders generally do not require private mortgage insurance with a down payment of at least 20% of your home's purchase price. (Note, however, that FHA and VA loans have different policies regarding insurance.) PERFORMANCE BOND A bond, usually posted by one who is to perform work for another, which assures that a project or undertaking will be completed as per agreement or contract. |
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