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GOOD FAITH Bona fide. An act is done in good faith if it is in fact done honestly, whether it be done negligently or not. DEPRECIATION (TAX) For tax purposes, depreciation is an expense deduction taken for an investment in depreciable property. EQUAL CREDIT OPPORTUNITY ACT (ECOA) Federal law requiring creditors to make credit equally available without discrimination based on race, color, religion, national origin, age, sex, marital status or receipt of income from public assistance programs. QUALIFIED FEE An estate in fee which is subject to certain limitations imposed by the owner. 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. RENT CONTROL Regulation by state or local governmental agencies restricting the amount of rent landlords can charge their tenants; such regulation is a valid exercise of the state's police power. DOMICILE The state where an individual has his true, fixed, permanent home and principal business establishment and to which place he has the intention of returning whenever he is absent. LIMITED COMMON ELEMENTS That special class of common elements in a condominium reserved for the use of a certain apartment(s) to the exclusion of other apartments. VACANCY FACTOR An allowance or discount for estimated vacancies(unrented units) in a rental project. The vacancy rate is the ratio between the number of vacant units and the total number of units in a specified project or area. NATIONAL ASSOCIATION OF REALTORS Formerly known as the National Association of Real Estate Boards (NAREB), it is the largest and most prestigious real estate organization in the world. EMINENT DOMAIN The right of government, both state and federal, to take private property for a necessary public use, with just compensation paid to the owner. DEBT SERVICE The amount of money needed to meet the periodic payments of principal and interest when a debt is amortized. RIGHT OF SURVIVORSHIP The distinctive characteristic of a joint tenancy (also tenancy by entirety) by which the surviving joint tenant(s) succeeds to all right, title and interest of the deceased joint tenant without the need for probate proceedings. RECONVEYANCE The transfer of property back to the owner when a mortgage loan is fully repaid. PURCHASE MONEY MORTGAGE A mortgage given to the seller as part of the buyer's consideration for the purchase of real property, and delivered at the same time that the real property is transferred as a simultaneous part of the transaction. DECLARATION OF RESTRICTIONS A statement of all the covenants, conditions and restrictions ("CC&R's") which affect a parcel of land. AFFIDAVIT A sworn statement reduced to writing and made under oath before a Notary Public or other official authorized by law to administer an oath. FHLMC See Federal Home Loan Mortgage Corporation. EASEMENT A property interest which one person has in land owned by another entitling the holder of the interest to limited use or enjoyment of the other's land. FIRST MORTGAGE A mortgage which is in first lien position, taking priority over all other liens. In the case of a foreclosure, the first mortgage will be repaid before any other mortgages. GENERAL AGENT One who is authorized to perform any and all acts associated with the continued operation of a particular job or a certain business. WASTE An improper use or abuse of property by one in possession of land, who holds less than the fee ownership, such as a tenant, life tenant, mortgagor, or vendee. BUY-DOWN MORTGAGE A mortgage loan with a below-market rate for a period of time. CERTIFICATE OF VETERAN STATUS FHA form filled out by the VA to establish a borrower's eligibility for an FHA Vet loan. Obtainable through local VA office by submitting form DD 214 (Separation Paper) with form 26-8261a (request for certificate of veteran status). LOSS PAYEE The person designated on an insurance policy to be paid in case the insured property is damaged or destroyed. IMPOUND ACCOUNT An account held by the lender to which the borrower pays monthly installments, collected as part of the monthly mortgage payment, for annual expenses such as taxes and insurance. The lender disburses impound account funds on behalf of the borrower when they become due. (Also known as Escrow Account.) |
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