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Manufactured Home Mortgage
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Real Estate Terms of the Day for Manufactured Home Mortgage
ADVERSE POSSESSION The acquiring of title to real property owned by someone else, by means of open, notorious and continuous possession for the statutory period of time (20 years in Hawaii).
PROCURING CAUSE That effort which brings about the desired result, as in producing the buyer for the listed property.
MONUMENTS Visible markers, both natural and artificial objects, which are used to establish the lines and boundaries of a survey.
EXCLUSIVE LISTING A written listing of real property in which the seller agrees to appoint only one broker to sell the property for a specified period of time. The two types of exclusive listings are the exclusive agency and the exclusive right to sell.
FLOOD INSURANCE Insurance that compensates for physical damage to a property by flood. Typically not covered under standard hazard insurance.
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.
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.
ZONING ORDINANCES (OR ZONING REGULATIONS) Local law establishing building codes and usage regulations for properties in a specified area.
MARKET VALUE The highest price, estimated in terms of money, which a property will bring if exposed for sale in the open market, allowing a reasonable time to find a purchaser who buys with knowledge of all the uses to which the property is adapted and for which it is capable of being used.
LEVERAGE The use of borrowed funds to purchase investment property with the anticipation that the property acquired will increase in return so that the investor will realize a profit not only on his own investment, but also on the borrowed funds; the employment of a smaller investment to generate a larger rate of return through borrowing.
POWER OF SALE A clause written into a mortgage authorizing the mortgagee to sell the property in the event of default.
KIOSK A small structure usually constructed of wood with one or more sides open and typically used as a newsstand, photo film center or ice cream stand.
NON-ASSUMPTION CLAUSE A statement in a mortgage contract forbidding the assumption of the mortgage by another borrower without the prior approval of the lender.
FIRST REFUSAL, RIGHT OF The right of a person to have the first opportunity either to purchase or lease real property.
CONDEMNATION Either a judicial or administrative proceeding to exercise the power of eminent domain, i.e., the power of the government to take private property for public use.
CAPS (INTEREST) Consumer safeguards which limit the amount the interest rate on an adjustable rate mortgage can change in an adjustment interval and/or over the life of the loan. For example, if your per-period cap is 1% and your current rate is 7%, then your newly adjusted rate must fall between 6% and 8% regardless of actual changes in the index.
ASSIGNMENT The transfer of the right, title and interest in the property of one person, the assignor, to another, the assignee. In real estate, there are assignments of mortgages, contracts, agreements of sale, leases, and options, among others.
RELEASE The discharge or relinquishment of a right, claim or privilege. Releases involving real property transactions should be acknowledged and recorded.
REDEMPTION, EQUITABLE RIGHT OF The right of a mortgagor who has defaulted on the mortgage note to redeem or get back his title to the property by paying off the entire mortgage note prior to the foreclosure sale.
ACKNOWLEDGEMENT A formal declaration made before a duly authorized officer, usually a Notary Public, by a person who has signed a document.
AD VALOREM Latin for "according to valuation," usually referring to a type of tax or assessment.
LETTER OF CREDIT An agreement or commitment by a bank("issuer") made at the request of a customer ("account party")that the bank will honor drafts or other demands of payment from third parties ("beneficiaries") upon compliance with the conditions specified in the letter of credit.
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