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OPEN SPACE Certain portion of the landscape which has not been built upon and which is sought either to be reserved in its natural state or used for agricultural or recreational purposes(such as parks, squares, and the like). DEFICIENCY JUDGEMENT A judgment against a borrower, endorser, or guarantor for the balance of the debt issued when the security for a loan is insufficient to satisfy the debt. SPECIFIC PERFORMANCE A legal action brought in a court of equity to compel a party to carry out the terms of a contract. VERIFICATION OF DEPOSIT (VOD) Document signed by the borrower's bank or other financial institution verifying the borrower's account balance and history. 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. 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. FIRM COMMITMENT A definite undertaking by a lender to loan a set amount of money at a specified interest rate for a certain term. PIGGYBACK LOAN A joint loan with two lenders sharing a single mortgage. POWER OF ATTORNEY A written instrument authorizing a person(the attorney-in-fact) to act as the agent on behalf of another to the extent indicated in the instrument. FLOOR DUTY A frequent practice in real estate brokerage offices of assigning one sales agent the responsibility for handling all telephone calls and office visitors for a specified period of time. WEAR AND TEAR The gradual physical deterioration of property, resulting from use, passage of time and weather. Only property subject to wear and tear is depreciable. IMPROVEMENTS Valuable additions made to property, amounting to more than repairs, costing labor and capital and intended to enhance the value of the property. Improvements of land would include grading, sidewalks, sewers, streets, utilities, etc. Improvements on land would include buildings, fences, and the like. HIGHEST AND BEST USE That use which, at the time of appraising the property, is most likely to produce the greatest net return to the land and/or the building over a given period of time. POCKET LISTING A listing which is retained by the listing broker or salesperson, who does not make it available to other brokers in the office or to other Multiple Listing Service members. DOUBLE ESCROW An escrow set up to handle the concurrent sale of one property and purchase of another property by same party. 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. USEFUL LIFE That period of time over which an asset, such as a building, is expected to remain economically feasible to the owner. HIGHEST AND BEST USE That use which, at the time of appraising the property, is most likely to produce the greatest net return to the land and/or the building over a given period of time. PREPAID EXPENSES Taxes, insurance and assessments paid in advance of their due dates. These expenses are included at closing. CLOSING COSTS Expenses of the sale which must be paid in addition to the purchase price (in the case of the buyer's expenses), or be deducted from the proceeds of the sale (in the case of the seller's expenses). FIXED-RATE LOANS Fixed-rate loans have interest rates that do not change over the life of the loan. As a result, monthly payments for principal and interest are also fixed for the life of the loan. Fixed-rate loans typically have 15-year or 30-year terms. With a fixed-rate loan, you will have predictable monthly mortgage payments for as long as you have the loan. WAREHOUSING A term used in financing to describe the process which loan correspondents employ, assembling into one package a number of mortgage loans which the correspondent has originated and selling them in the secondary mortgage market. DEFICIENCY JUDGEMENT A judgment against a borrower, endorser, or guarantor for the balance of the debt issued when the security for a loan is insufficient to satisfy the debt. |
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