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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. FNMA See Federal National Mortgage Association. MORTGAGE A legal document used to secure the performance of an obligation. In effect, the mortgage states that the lender can look to the property in the event the borrower defaults in payment of the note. EMBLEMENTS Growing crops (called "fructus industriales"),such as rice and taro, which are produced annually through labor and industry. DEED OF TRUST A legal document in which title to property is transferred to a third party trustee as security for an obligation owed by the trustor (borrower) to the beneficiary(lender). PREPAYMENT PENALTY The amount set by the creditor as a penalty to the debtor for paying off the debt prior to its maturity. The prepayment penalty is charged by the lender to recoup a portion of interest that he had planned to earn when he made the loan. ACCRUED INTEREST Interest earned but not yet paid. CLOSING (OR SETTLEMENT) The settlement or closing is the conclusion of your real estate transaction. It includes the delivery of your security instrument, signing of your legal documents and the disbursement of the funds necessary to the sale of your home or loan transaction (refinance). OPTION An agreement to keep open, over a set period, an offer to sell or purchase property. AD VALOREM Latin for "according to valuation," usually referring to a type of tax or assessment. WAIVER To voluntarily give up or surrender a right. ACCRETION The gradual and imperceptible addition to land by alluvial deposits of soil through natural causes, such as shoreline movement caused by streams or rivers. CONSIDERATION An act or forbearance, or the promise thereof, which is offered by one party to induce another to enter into a contract; that which is given in exchange for something from another. KEY LOT A lot that has added value because of its strategic location, especially where it is needed for the highest and best use of contiguous property. LOAN APPLICATION An initial statement of personal and financial information required to apply for a loan. IMPROVED LAND Real property whose value has been enhanced by the addition of on-site and off-site improvements such as roads, sewers, utilities, buildings, etc.; as distinguished from raw land. EASEMENT IN GROSS The limited right of one person to use another's land (servient estate), which right is not created for the benefit of any land owned by the owner of the easement; that is, there is no dominant estate, as the easement attaches personally to the owner, not to the land. ETHICS A system of moral principles, rules and standards of conduct. RISK OF LOSS Responsibility for damages caused to improvements. The risk of loss passes to the vendee when either title or possession passes, and he should protect himself by securing proper insurance. |
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