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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. 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. LIEN A charge or claim which one person (lienor) has upon the property of another (lienee) as security for a debt or obligation. Liens can be created by agreement of the parties(mortgage) or by operation of law (tax liens). FRONTAGE The length of a property abutting a street or body of water; that is, the number of feet that "front" the street or water. HABENDUM CLAUSE That part of the deed beginning with the words "to have and to hold," following the granting clause and reaffirming the extent of ownership that the grantor is transferring. ALIENATION CLAUSE A clause in a promissory note or mortgage which provides that the balance of the secured debt becomes immediately due and payable at the option of the mortgagee upon the alienation of the property by the mortgagor. COST OF FUNDS INDEX (COFI) An index of the weighted-average interest rate paid by savings institutions for sources of funds, usually by members of the 11th Federal Home Loan Bank District. CLEAR TITLE Title to property that is free from liens, defects or other encumbrances, except those which the buyer has agreed to accept, such as mortgage to be assumed, the ground lease of record, and the like; established title; title without clouds. LOCK OR LOCK-IN A lender's guarantee of an interest rate for a set period of time. The time period is usually that between loan application approval and loan closing. The lock-in protects you against rate increases during that time. RESPA Real Estate Settlement Procedures Act. RESPA is a federal law that gives consumers the right to review information about loan settlement costs. The law gives you the right to review this information after you apply for a loan, and again at loan settlement. The law only obliges lenders to provide these settlement costs after application. SECOND MORTGAGE A mortgage which is junior or subordinate to a first mortgage; typically, an additional loan imposed on top of the first mortgage, which is taken out when the borrower needs more money. SECONDARY MORTGAGE MARKET A market for the purchase and sale of existing mortgages, designed to provide greater liquidity for mortgages; also called secondary money market. ENCROACHMENT An unauthorized invasion or intrusion of a fixture or other real property wholly or partly upon another's property, thus reducing the size and value of the invaded property. VENDOR The seller of realty. The seller under an agreement of sale. CAPITAL GAIN The taxable profit derived from the sale of a capital asset. BALLOON MORTGAGE Balloon mortgage loans are short-term fixed-rate loans with fixed monthly payments for a set number of years followed by one large final balloon payment ("the balloon") for all of the remainder of the principal. Typically, the balloon payment may be due at the end of 5, 7, or 10 years. Borrowers with balloon loans may have the right to refinance the loan when the balloon payment is due, but the right to refinance is not guaranteed. LEGAL RATE OF INTEREST The maximum interest rate permitted bylaw, with anything above that rate being usury. APPRECIATION An increase in the worth or value of property due to economic or related causes, which may prove to be either temporary or permanent. ESCROW A transaction in which a third party acts as the agent for seller and buyer, or for borrower and lender, in handling legal documents and disbursement of funds. 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. |
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