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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. CONTRACT A legal agreement between competent parties who agree to perform or refrain from performing certain acts for a consideration. In real estate, there are many different types of contracts, including listings, contracts of sale, options, mortgages, assignments, leases, deeds, escrow agreements, and loan commitments, among others. PRE-QUALIFICATION The process of determining how much money a prospective homebuyer will be eligible to borrow prior to application for a loan. Information submitted during pre-qualification is subject to verification at application. NORMAL WEAR AND TEAR That physical deterioration which occurs in the normal course of the use for which a property is intended, without negligence, carelessness, accident or abuse of the premises (or equipment or chattels) by the occupant, members of household, or their invitees or guests. SPECIFIC PERFORMANCE A legal action brought in a court of equity to compel a party to carry out the terms of a contract. TENANCY IN COMMON A form of concurrent ownership of property between two or more persons, in which each has an undivided interest in the whole property; frequently found when the parties acquire title by descent or by will. 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. 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. NOTE A document signed by the borrower of a loan, stating the loan amount, the interest rate, the time and method of repayment and the obligation to repay. The note is the evidence of the debt. When secured by a mortgage, it is called a mortgage note. RECAPTURE CLAUSE A clause usually found in percentage leases, especially in shopping center leases, giving the landlord the right to terminate the lease (and thus "recapture" the premises)if the tenant does not maintain a specified minimum amount of business. COMMISSION Money paid to a real estate agent or broker for negotiating a real estate or loan transaction. 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. 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. MARGIN A specified percentage that is added to your chosen financial index to determine your new interest rate at the time of adjustment for ARM loans. VA LOANS Fixed-rate loans guaranteed by the U.S. Department of Veterans Affairs. They are designed to make housing affordable for eligible U.S. veterans. VA loans are available to veterans, reservists, active-duty personnel, and surviving spouses of veterans with 100% entitlement. Eligible veterans may be able to purchase a home with no down payment, no cash reserve, no application fee, and lower closing costs than other financing options. The maximum VA loan amount is currently $203,000. IMPOUND ACCOUNT A trust account established to set aside funds for future needs. PROPERTY MANAGEMENT That aspect of real estate devoted to the leasing, managing, marketing and overall maintenance of the property of others. LOAN APPLICATION FEE Fee charged by a lender to cover the initial costs of processing a loan application. The fee may include the cost of obtaining a property appraisal, a credit report, and a lock-in fee or other closing costs incurred during the process or the fee may be in addition to these charges. PERSONAL PROPERTY Things which are tangible and moveable; property which is not classified as real property; chattels; personalty. LIMITED PARTNERSHIP A partnership formed by two or more persons having as members one or more general partners and one or more limited partners. INNOCENT PURCHASER FOR VALUE One who purchases real property without notice, actual or constructive, of any superior rights or interests in the real property. |
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