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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. TENANCY AT WILL A tenancy in which a person is in possession of real estate with the permission of the owner, for a term of unspecified or uncertain duration, as when an owner permits a tenant to occupy a property until it is sold. LAND TRUST An association organized by common owners of real property, which holds title to the real property in the name of one or more trustees for the benefit of the owners, whose beneficial interests may be represented by trust certificates. BORROWER (MORTGAGOR) An individual who applies for and receives funds in the form of a loan and is obligated to repay the loan in full under the terms of the loan. 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. BEARER The legal owner of a piece of property. TOWNHOUSE A type of dwelling unit normally having two floors, with the living area and kitchen on the base floor and the bedrooms located on the second floor. STATUTE OF LIMITATIONS That law pertaining to the period of time within which certain actions must be brought to court. HOLDOVER TENANT One who stays on the leased premises after his lease has expired. The landlord normally has the choice of evicting the holdover tenant or permitting him to remain and continue to pay rent. EQUITY The difference between the current market value of a property and the total debt obligations against the property. On a new mortgage loan, the down payment represents the equity in the property. DEFAULT Failure to fulfill a duty or promise or failure to perform any obligation or required act. The most common occurrence of default on the part of a buyer or lessee is non-payment of money. FREDDIE MAC A common nickname for the Federal Home Loan Mortgage Corporation. BANKRUPTCY A proceeding in a federal court to relieve certain debts of a person or a business unable to pay its debts. PROSPECTUS A printed statement distributed to describe, advertise and give advance information on a business, venture, project or stock issue. 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. INTEREST The sum paid or accrued in return for the use of money. PIGGYBACK LOAN A joint loan with two lenders sharing a single mortgage. HOLD HARMLESS CLAUSE A clause inserted in a contract whereby one party agrees to indemnify and protect the other party from any injuries or lawsuits arising out of the particular transaction. IMPOUND ACCOUNT A trust account established to set aside funds for future needs. |
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