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PREPAID INTEREST Interest that is paid in advance of when it is due. Typically charged to a borrower at closing to cover interest on the loan between the closing date and the first payment date. SUBJECT TO MORTGAGE A grantee taking title to real property "subject to mortgage" is not personally liable to the mortgagee for payment of the mortgage note. In the event the grantor-mortgagor defaults in paying the note, the grantee could, however, lose property, and thus his equity, in a foreclosure sale. 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). RESCISSION The legal remedy of canceling, terminating or annulling a contract and restoring the parties to their original positions; a return to the status quo. PREPAYMENT Full or partial repayment of the principal before the contractual due date. MULTIPLE LISTING SERVICE (MLS) An organization created by Realtors to facilitate the sharing of listings among member brokers. MECHANIC'S LIEN A statutory lien created in favor of materialmen and mechanics to secure payment for materials supplied and services rendered in the improvement, repair or maintenance of real property. DOWER The legal right or interest a wife acquires in property her husband held or acquired anytime during marriage. INNOCENT PURCHASER FOR VALUE One who purchases real property without notice, actual or constructive, of any superior rights or interests in the real property. BUY-DOWN MORTGAGE A mortgage loan with a below-market rate for a period of time. PRESENT VALUE OF ONE DOLLAR A doctrine which is based on the fact that money has a time value. The present worth of a payment to be received at some time in the future is the amount of the payment less the loss of interest. INDEX A published rate used by lenders that serves as the basis for determining interest rate changes on ARM loans. EMBLEMENTS Growing crops (called "fructus industriales"),such as rice and taro, which are produced annually through labor and industry. DUAL AGENCY Representing both principals (buyer and seller) to a transaction. OPEN-END MORTGAGE A mortgage in which the borrower is given a limit up to which he may borrow, with any incremental advances of money up to but not exceeding the original borrowing limit to be secured by the same mortgage. SURRENDER A premature conveyance of a possessory estate to a person having a future interest, as when a lessee surrenders the leasehold interest to the owner of the reversion interest, the lessor, before the normal expiration of the lease. UNDERWRITING In mortgage lending, the process of determining the risks involved in a particular loan and establishing suitable terms and conditions for the loan. RATE OF RETURN The relationship (expressed as a percentage)between the annual net income generated by a business and the invested capital, or the appraised value, or the gross income, etc., of the business. 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. JUNIOR MORTGAGE A mortgage subordinate to the claim of a prior lien or mortgage. In the case of a foreclosure, a senior mortgage or lien will be paid first. VENDEE The purchaser of realty; the buyer. The buyer under an agreement of sale. TIME SHARING A modern approach to communal ownership and use of real estate which permits multiple purchasers to buy undivided interests in real property (which is usually in a resort condominium or hotel) with a right to use the facility for a fixed or variable time period. AGREEMENT OF SALE Contract signed by buyer and seller stating the terms and conditions under which a property will be sold. STEP-UP LEASE A lease with fixed rent for an initial term and provision for pre-determined rent increases at specified intervals and/or increases based upon periodic appraisals; sometimes called a graduated lease. |
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