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Deed-in-lieu
A
deed given by a mortgagor to the mortgagee
to satisfy a debt and avoid foreclosure.
Also called a "voluntary conveyance."Deed
of TrustLike a mortgage, a security
instrument whereby real property is given
as security for a debt. However, in a deed
of trust there are three parties to the
instrument: the borrower, the trustee, and
the lender, (or beneficiary). In such a
transaction, the borrower transfers the
legal title for the property to the trustee
who holds the property in trust as security
for the payment of the debt to the lender
or beneficiary. If the borrower pays the
debt as agreed, the deed of trust becomes
void. If, however, he defaults in the payment
of the debt, the trustee may sell the property
at a public sale, under the terms of the
deed of trust. In most jurisdictions where
the deed of trust is in force, the borrower
is subject to having his property sold without
benefit of legal proceedings. A few States
have begun in recent years to treat the
deed of trust like a mortgage.DefaultFailure
to make mortgage payments on a timely basis
or to comply with other conditions of a
mortgage.Deficiency JudgmentA court
order to pay the balance owed on a loan
if the proceeds from the sale of the security
are insufficient to pay off the loan. Deficiency
judgments are not allowed in all states.Delinquency A
loan in which a payment is overdue but not
yet in default.DepositA sum of money
given to bind the sale of real estate, or
a sum of money given to ensure payment or
an advance of funds in the processing of
a loan.DepreciationA decline in the
value of property; the opposite of "appreciation."Discount
PointsSee Points.Documentary StampsA
State tax, in the forms of stamps, required
on deeds and mortgages when real estate
title passes from one owner to another.
The amount of stamps required varies with
each State.Dower The rights
of a widow in the property of her husband
at his death.Down PaymentThe part
of the purchase price, which the buyer pays
in cash and does not finance with a mortgageDue-on-sale
provisionA provision in a mortgage that
allows the lender to demand repayment in
full if the borrower sells the property
that serves as security for the mortgage.Due-on-transfer
provisionThis terminology is usually
used for second mortgages.
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Earnest
MoneyThe deposit money given to the
seller or his agent by the potential buyer
upon the signing of the agreement of sale
to show that he is serious about buying
the house. If the sale goes through, the
earnest money is applied against the down
payment. If the sale does not go through,
the earnest money will be forfeited or
lost unless the binder or offer to purchase
expressly provides that it is refundable.Easement
RightsA right-of-way granted to a person
or company authorizing access to or over
the owner's land. An electric company obtaining
a right-of-way across private property
is a common example.Effective ageAn
appraiser’s estimate of the physical
condition of a building. The actual age
of a building may be shorter or longer
than its effective age. Effective gross
incomeNormal annual income including overtime
that is regular or guaranteed. The income
may be from more than one source. Salary
is generally the principal source, but
other income may qualify if it is significant
and stable.Eminent domainThe right
of a government to take private property
for public use upon payment of its fair
market value. Eminent domain is the basis
for condemnation proceedings.Employer-assisted
housingA special Fannie Mae housing
initiative that offers several different
ways for employers to work with local lenders
to develop plans to assist their employees
in purchasing homes.EncroachmentAn
obstruction, building, or part of a building
that intrudes beyond a legal boundary onto
neighboring private or public land, or
a building extending beyond the building
line.EncumbranceA legal right or
interest in land that affects a good or
clear title, and diminishes the land's
value. It can take numerous forms, such
as zoning ordinances, easement rights,
claims, mortgages, liens, charges, a pending
legal action, unpaid taxes, or restrictive
covenants. An encumbrance does not legally
prevent transfer of the property to another.
A title search is all that is usually done
to reveal the existence of such encumbrances,
and it is up to the buyer to determine
whether he wants to purchase with the encumbrance,
or what can be done to remove it.EndorserA
person who signs ownership interest over
to another party. Contrast with co-maker.Equal
Credit Opportunity Act (ECOA)A federal
law that requires lenders and other 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.EquityThe difference between
the market value of a property and the
homeowner's outstanding mortgage balance.Equity
LoanA loan based on the borrower's
equity in his or her home. Prior to closing;
also, an account held by the lender into
which a homeowner pays money for taxes
and insurance.Escrow account
The
account in which a mortgage servicer holds
the borrower’s escrow payments prior
to paying property expenses.Escrow analysis. The
periodic examination of escrow accounts
to determine if current monthly deposits
will provide sufficient funds to pay taxes,
insurance, and other bills when due.
Escrow
collections
Funds
collected by the servicer and set aside
in an escrow account to pay the borrower’s
property taxes, mortgage insurance, and
hazard insurance. Escrow disbursements. The
use of escrow funds to pay real estate taxes,
hazard insurance, mortgage insurance, and
other property expenses as they become due.
Escrow
payment
The
portion of a mortgagor’s monthly payment
that is held by the servicer to pay for
taxes, hazard insurance, mortgage insurance,
lease payments, and other items as they
become due. Estate. The
ownership interest of an individual in real
property. The sum total of all the real
property and personal property owned by
an individual at time of death.
EvictionThe
lawful expulsion of an occupant from real
property.Examination of titleThe
report on the title of a property from the
public records or an abstract of the title.Exclusive
listingA written contract that gives
a licensed real estate agent the exclusive
right to sell a property for a specified
time, but reserving the owner’s right
to sell the property alone without the payment
of a commission. ExecutorA person
named in a will to administer an estate
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Fair
Credit Reporting ActA consumer protection
law that regulates the disclosure of consumer
credit reports by consumer/credit reporting
agencies and establishes procedures for
correcting mistakes on one's credit record.Fair-market-value The
highest price that a buyer, willing but
not compelled to buy would pay, and the
lowest a seller, willing but not compelled
to sell, would accept.FDIC(Federal
Deposit Insurance Corporation). Provides
insurance of accounts for institutions
whose deposits were formerly covered by
the Federal Savings & Loan Insurance
Corporation. (FSLIC).Fee simpleThe
greatest possible interest a person can
have in real estate.Fee simple estateAn
unconditional, unlimited estate of inheritance
that represents the greatest estate and
most extensive interest in land that can
be enjoyed. It is of perpetual duration.
When the real estate is in a condominium
project, the unit owner is the exclusive
owner only of the air space within his
or her portion of the building (the unit)
and is an owner in common with respect
to the land and other common portions of
the property.FHA(Federal Housing
Administration). A division of the Department
of Housing and Urban Development. The FHA's
main activity is the insuring of residential
mortgage loans made by private lenders.
It sets standards for construction and
underwriting. FHA neither lends money,
nor plans, nor constructs housing.FHA
LoanGovernment loans are loans that
are guaranteed or purchased by government
organizations. Two of the most popular
Government Loans are the Federal Housing
Administration (FHA) and the Department
of Veterans Affairs (VA).FHFB(Federal
Housing Finance Board). It oversees the
credit functions of the twelve regional
Federal Home Loan Banks.FHLBB(Federal
Home Loan Bank Board). A regulatory and
supervisory agency for federally charted
savings institutions, which oversees the
operations of the FSLIC and FHLMC. This
agency was abolished by the Financial Institutions
Reform, Recovery and Enforcement Act of
1989. (See FIRREA.)FHLMC(Federal
Home Loan Mortgage Corporation, Freddie
Mac). A private corporation authorized
by Congress, which became an independent,
stockholder-owned government corporation
with the passage of FIRREA. FHLMC promotes
the flow of funds into the housing markets
by purchasing conventional mortgages in
the secondary market and selling securities
backed by those mortgages in the capital
market.Finance ChargeThe
total dollar amount your loan will cost
you. It includes all interest payments
for the life of the loan, any interest
paid at closing, your origination fee and
any other charges paid to the lender and/or
broker. Appraisal, credit report and title
search fees are not included in the finance
charge calculation.Finder's feeA
fee or commission paid to a mortgage broker
for finding a mortgage loan for a prospective
borrower.FIRE(Financial Institutions
Reform, Recovery and Enforcement Act of
1989). An act signed into law in August
1989, by President Bush that restructured
the thrift regulatory an insurance system.Firm
commitmentA lender’s agreement
to make a loan to a specific borrower on
a specific property. First MortgageThe
mortgage that has first claim in the event
of default.Fixed installmentThe
monthly payment due on a mortgage loan.Fixed-Rate
Mortgage(FRM) A mortgage in which the
interest rate does not change during the
entire term of the loan.FNMA(Federal
National Mortgage Association, Fannie Mae).
A government-sponsored corporation, owned
solely by private investors, created to
provide support to the secondary market
for FHA and VA mortgages and conventional
mortgages.FixturePersonal property
that becomes real property when attached
in a permanent manner to real estate.Flood
insuranceInsurance that compensates
for physical property damage resulting
from flooding. It is required for properties
located in federally designated flood areas.ForfeitureThe
loss of money, property, rights, or privileges
due to a breach of legal obligation.ForeclosureThe
process by which a mortgage property may
be sold when a mortgage is in default.Fully
amortized ARMAn adjustable-rate mortgage
(ARM) with a monthly payment that is sufficient
to amortize the remaining balance, at the
interest accrual rate, over the amortization
term.Full RecastingSetting the P&I
payments to the level that will fully amortize
the loan's outstanding balance over the
remaining term using the fully indexed
accrual rate at the recasting point.Fully
Indexed Accrual RateThe interest (accrual)
rate resulting from the index at closing
(or at another point in the loan) plus
the lender's full spread, rounded as prescribed
in the loan documents (often to the nearest
1/8th of 1%).
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General
Warranty DeedA deed which conveys not
only all the grantor's interests in and
title to the property to the grantee, but
also warrants that if the title is defective
or has a "cloud" on it (such
as mortgage claims, tax liens, title claims,
judgments, or mechanic's liens against
it) the grantee may hold the grantor liable.Good
Faith EstimateAn estimate of charges,
which a borrower is likely to incur in
connection with a loan closing.Graduated
Payment Mortgage(GPM) A mortgage where
the payments are scheduled to increase,
usually annually, for a set number of years,
and then level off. GPM can be used with
either a fixed or adjustable interest rate,
and usually has a 30-year term.GranteeThat
party in the deed who is the buyer or recipient.GrantorThat
party in the deed who is the seller or
giver.Gross Monthly IncomeThe total
amount the borrower earns per month, not
counting any taxes or expenses. Often used
in calculations to determine whether a
borrower qualifies for a particular loan.Growing
Equity Mortgage(GEM) A fixed rate,
graduated payment mortgage with small initial
payments that increase each year so that
the loan pays off in a shortened term,
usually 15 years.
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Hazard
InsuranceInsurance to protect the homeowner
and the lender against physical damage
to a property from fire, wind, vandalism,
or other hazards.Homeowner's InsuranceAn
insurance policy that combines liability
coverage and hazard insurance.Homeowner's
WarrantyA type of insurance that covers
repairs to specified parts of a house for
a specific period of time.Housing RatioThe
ratio of the monthly housing payment to
total gross monthly income. Also called
Payment-to-Income Ratio or Front-End Ratio.HUD(Department
of Housing and Urban Development). A cabinet
department responsible for the implementation
and administration of government housing
and urban development programs.
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Income
propertyReal estate developed or improved
to produce income.Index(Also called "Rate
Index"). A regularly published rate,
independent of the lending institution,
that measures the prevailing cost of funds,
and is used periodically with the margin
to set AML accrual rates.Initial Borrower
Interest RateThe rate on which the
borrower's first payment is calculated.Initial
Borrower Payment RateThe annual interest
rate used to calculate the borrower's initial
cash payment.InflationAn increase
in the amount of money or credit available
in relation to the amount of goods or services
available, which causes an increase in
the general price level of goods and services.
Over time, inflation reduces the purchasing
power of a dollar, making it worth less.Initial
interest rateThe original interest
rate of the mortgage at the time of closing.InstallmentThe
regular periodic payment that a borrower
agrees to make to a lender.Installment
loanBorrowed money that is repaid in
equal payments, known as installments.
A furniture loan is often paid for as an
installment loan.Insurable titleA
property title that a title insurance company
agrees to insure against defects and disputes.InsuranceA
contract that provides compensation for
specific losses in exchange for a periodic
payment. An individual contract is known
as an insurance policy, and the periodic
payment is known as an insurance premium.Insurance
binderA document that states that insurance
is temporarily in effect. Because the coverage
will expire by a specified date, a permanent
policy must be obtained before the expiration
date.Insured mortgageA mortgage
that is protected by the Federal Housing
Administration (FHA) or by private mortgage
insurance (MI). If the borrower defaults
on the loan, the insurer must pay the lender
the lesser of the loss incurred or the
insured amountInterestThe fee charged
for borrowing money.Interest accrual
rateThe percentage rate at which interest
accrues on the mortgage. In most cases,
it is also the rate used to calculate the
monthly payments, although it is not used
for an adjustable-rate mortgage (ARM) with
payment change limitations.Interest
RateThe percentage of an amount of
money, which is paid for its use for a
specified time.Interest Rate CapA
provision of an ARM limiting how much interest
rates may increase per adjustment period.Interest
rate ceilingFor an adjustable-rate
mortgage (ARM), the maximum interest rate,
as specified in the mortgage note.Interest
rate floorFor an adjustable-rate mortgage
(ARM), the minimum interest rate, as specified
in the mortgage note.Investment propertyA
property that is not occupied by the owner.IRA
(Individual Retirement Account)A retirement
account that allows individuals to make
tax-deferred contributions to a personal
retirement fund. Individuals can place
IRA funds in bank accounts or in other
forms of investment such as stocks, bonds,
or mutual funds.
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Joint
tenancyA form of co-ownership that
gives each tenant equal interest and equal
rights in the property, including the right
of survivorship.JudgmentA decision
made by a court of law. In judgments that
require the repayment of a debt, the court
may place a lien against the debtor's real
property as collateral for the judgment's
creditor.Judgment lienA lien on
the property of a debtor resulting from
the decree of a court.Judicial foreclosureA
type of foreclosure proceeding used in
some states that is handled as a civil
lawsuit and conducted entirely under the
auspices of a court.Jumbo LoansJumbo,
or non-conforming, is a term used to describe
a loan that does not conform to Fannie
Mae or Freddie Mac guidelines. The typical
Jumbo loan exceeds the maximum loan amounts
described above.
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(empty)
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Late
chargeThe penalty a borrower must pay
when a payment is made a stated number
of days (usually 15) after the due date.LeaseA
written agreement between the property
owner and a tenant that stipulates the
conditions under which the tenant may possess
the real estate for a specified period
of time and rent.Leasehold estateA
way of holding title to a property wherein
the mortgagor does not actually own the
property but rather has a recorded long-term
lease on it.Legal descriptionA property
description, recognized by law that is
sufficient to locate and identify the property
without oral testimony.LenderAn
institution that makes loans to borrowers
on real estate.LiabilitiesA person's
financial obligations. Liabilities include
long-term and short-term debt, as well
as any other amounts that are owed to others.Liability
insuranceInsurance coverage that offers
protection against claims alleging that
a property owner's negligence or inappropriate
action resulted in bodily injury or property
damage to another party.LienA legal
claim against a property that must be paid
when the property is sold.Lifetime CapA
provision of an ARM that limits the total
increase in interest rates over the life
of the loan.Lifetime payment capFor
an adjustable-rate mortgage (ARM), a limit
on the amount that payments can increase
or decrease over the life of the mortgage.Line
of creditAn agreement by a commercial
bank or other financial institution to
extend credit up to a certain amount for
a certain time to a specified borrower.Liquid
assetA cash asset or an asset that
is easily converted into cash.LoanA
sum of borrowed money (principal) that
is generally repaid with interest.Loan
CommitmentFormal offer by a lender
stating the terms under which it agrees
to loan money to a homebuyer.Loan originationThe
process by which a mortgage lender brings
into existence a mortgage secured by real
property.Loan ServicingThe collection
of mortgage payments from borrowers and
related responsibilities of a loan servicer.Loan
-To-Value(LTV). The loan-to-value ratio
(LTV) is the original loan amount divided
by the lower of the sales price or the
appraised value.LockThe period,
expressed in days, during which a lender
will guarantee a rate.Lock-in periodThe
time period during which the lender has
guaranteed an interest rate to a borrower.
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Marketable
TitleA title that is free and clear
of objectionable liens, clouds, or other
title defects. A title which enables an
owner to sell his property freely to others
and which others will accept without objection.Master
associationA homeowners' association
in a large condominium or planned unit
development (PUD) project that is made
up of representatives from associations
covering specific areas within the project.
In effect, it is a "second-level" association
that handles matters affecting the entire
development, while the "first-level" associations
handle matters affecting their particular
portions of the project.MaturityThe
date on which the principal balance of
a loan, bond, or other financial instrument
becomes due and payable.Merged credit
reportA credit report that contains
information from three credit repositories.
When the report is created, the information
is compared for duplicate entries. Any
duplicates are combined to provide a summary
of a your credit.ModificationMargin(Also
called "Spread"). The amount
the lender adds to the index to determine
the Fully Indexed Accrual Rate.Money
market accountA savings account that
provides bank depositors with many of the
advantages of a money market fund. Certain
regulatory restrictions apply to the withdrawal
of funds from a money market account.Money
market fundA mutual fund that allows
individuals to participate in managed investments
in short-term debt securities, such as
certificates of deposit and Treasury bills.Monthly
Housing ExpenseTotal principal, interest,
taxes, and insurance paid by the borrower
on a monthly basis. Used with gross income
to determine affordability.Monthly payment
mortgageA mortgage that requires payments
to reduce the debt once a month.MortgageA
legal document that pledges a property
to the lender as security for a payment
of a debt.Mortgage BankerA company
that originates mortgages exclusively for
resale in the secondary market.Mortgage
BrokerA company that for a fee matches
borrowers with lenders.Mortgage Insurance
Premium(MIP). The fee paid to FHA or
a private insurer for mortgage insurance.MortgageeThe
lender in a mortgage agreement.Mortgage
CommitmentA written notice from the
bank or other lending institution saying
it will advance mortgage funds in a specified
amount to enable a buyer to purchase a
house.Mortgage Insurance PremiumThe
payment made by a borrower to the lender
for transmittal to HUD to help defray the
cost of the FHA mortgage insurance program
and to provide a reserve fund to protect
lenders against loss in insured mortgage
transactions. In FHA insured mortgages
this represents an annual rate of one-half
of one percent paid by the mortgagor on
a monthly basis.Mortgage life insuranceA
type of term life insurance often bought
by mortgagors. The amount of coverage decreases
as the principal balance declines. In the
event that the borrower dies while the
policy is in force, the debt is automatically
satisfied by insurance proceeds.Mortgage
NoteA written agreement to repay a
loan. The agreement is secured by a mortgage,
serves as proof of indebtedness, and states
the manner in which it shall be paid. The
note states the actual amount of the debt
that the mortgage secures and renders the
mortgagor personally responsible for repayment.MortgagorThe
borrower in a mortgage agreement.Multidwelling
unitsProperties that provide separate
housing units for more than one family,
although they secure only a single mortgage.Multifamily
mortgageA residential mortgage on a
dwelling that is designed to house more
than four families, such as a high-rise
apartment complex.
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Negative
Amortization(Also called "Deferred
Interest"). If the payments are too
small to cover the interest due on a loan,
the remaining interest owed is added to
the outstanding loan balance, causing negative
amortization.Net cash flowThe income
that remains for an investment property
after the monthly operating income is reduced
by the monthly housing expense, which includes
principal, interest, taxes, and insurance
(PITI) for the mortgage, homeowners' association
dues, leasehold payments, and subordinate
financing payments.Net Effective IncomeGross
income less federal income tax.Negative
amortizationA gradual increase in mortgage
debt that occurs when the monthly payment
is not large enough to cover the entire
principal and interest due. The amount
of the shortfall is added to the remaining
balance to create "negative" amortizationNet
WorthThe value of all assets, including
cash, less total liabilities.No cash-out
refinanceA refinance transaction in
which the new mortgage amount is limited
to the sum of the remaining balance of
the existing first mortgage, closing costs
(including prepaid items), points, the
amount required to satisfy any mortgage
liens that are more than one year old (if
the borrower chooses to satisfy them),
and other funds for the borrower's use
(as long as the amount does not exceed
1 percent of the principal amount of the
new mortgage).Non-liquid assetAn
asset that cannot easily be converted into
cash.NoteA legal document that obligates
a borrower to repay a mortgage loan at
a stated interest rate during a specified
period of time.Note rateThe interest
rate stated on a mortgage note.Notice
of DefaultA formal written notice to
a borrower that a default has occurred
and that legal action may be taken.
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Original
principal balanceThe total amount of
principal owed on a mortgage before any
payments are made.Origination FeeA
fee paid to a lender for processing a loan
Application.OTC(The Office of Thrift
Supervision). Charters federal thrifts,
serves as the primary federal examiner
and regulator of federal and state-chartered
savings associations, and administers laws
governing savings and loan holding companies.Owner
financingA property purchase transaction
in which the property seller provides all
or part of the financing.Owner Occupied"Owner
Occupied" means the property is the
owner's primary residence.
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Payment
Adjustment PeriodThe length of time
(typically a year) between changes to the
AML borrower's P&I payment.Payment
Buy downPayment buy downs occur when
a third party, typically a builder, pays
part of the initial P&I payments for
a year or two, so that the borrower has
smaller payments and can qualify for the
loan.Payment CapA limit on the amount
the payment can be changed at the end of
each Payment Adjustment Period.Payment
DiscountIn a payment discount, the
lender reduces the first year's interest
rate to make the mortgagor more attractive
to borrowers.Periodic payment capA
limit on the amount that payments can increase
or decrease during any one-adjustment period.Periodic
rate capA limit on the amount that
the interest rate can increase or decrease
during any one adjustment period, regardless
of how high or low the index might be.Personal
propertyAny property that is not real
property.PITIPrincipal, Interest,
Taxes and Insurance are components of a
mortgage payment.PlatA map or chart
of a lot, subdivision or community drawn
by a surveyor showing boundary lines, buildings,
improvements on the land, and easements.PointsA
one-time charge by the lender to increase
the yield of the loan; a point is 1 percent
of the amount of the mortgage.Power
of attorneyA legal document that authorizes
another person to act on one’s behalf.
A power of attorney can grant complete
authority or can be limited to certain
acts and/or certain periods of time. PrepaymentPayment
of mortgage loan, or part of it, before
due date.Pre-qualificationThe process
of determining how much money a prospective
homebuyer will be eligible to borrow before
application.Prime rateThe interest
rates that banks charge to their preferred
customers.PrincipalThe amount borrowed
or remaining unpaid, also, that part of
the monthly payment that reduces the outstanding
balance of a mortgage.Private Mortgage
InsuranceInsurance provided by nongovernmental
insurers that protect lenders against loss
if a borrower defaults.Promissory noteA
written promise to repay a specified amount
over a specified period of time.Public
auctionA meeting in an announced public
location to sell property to repay a mortgage
that is in default.Planned Unit Development
(PUD)A project or subdivision that
includes common property that is owned
and maintained by a homeowners' association
for the benefit and use of the individual
PUD unit owners.Purchase AgreementSee
Agreement of Sale.Purchase money transactionThe
acquisition of property through the payment
of money or its equivalent.
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Qualifying
RatiosGuidelines applied by lenders
to determine how large a loan to grant
a homebuyer.Quitclaim DeedA deed,
which transfers whatever interest, the
maker of the deed may have in the particular
parcel of land. A quitclaim deed is often
given to clear the title when the grantor's
interest in a property is questionable.
By accepting such a deed the buyer assumes
all the risks. Such a deed makes no warranties
as to the title, but simply transfers to
the buyer whatever interest the grantor
has. (See Deed.)
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RadonA
radioactive gas found in some homes that
in sufficient concentrations could cause
health problems.Rate Caps(Also called "Interest
Rate Caps"). A limit on the amount
of which the interest rate charged to the
borrower can be changed.Rate lockA
commitment issued by a lender to a borrower
or other mortgage originator guaranteeing
a specified interest rate for a specified
period of time.Real Estate BrokerA
middleman or agent who buys and sells real
estate for a company, firm, or individual
on a commission basis. The broker does not
have title to the property, but generally
represents the owner.Real Estate Owned(REO).
A term frequently used by lending institution
as applied to ownership of real property
acquired for investment or as a result of
foreclosure.RESPA(Real Estate Settlement
Procedures Act). A Federal law that requires
lenders to provide home mortgage borrowers
with information about known or estimated
settlement costs.Real property Land
and appurtenances, including anything of
a permanent nature such as structures, trees,
minerals, and the interest, benefits, and
inherent rights thereof.REALTORA
real estate broker or an associate who holds
active membership in a local real estate
board that is affiliated with the National
Association of Realtors.RecissionThe
cancellation or annulment of a transaction
or contract by the operation of a law or
by mutual consent.RecorderThe public
official who keeps records of transactions
that affects real property in the area.RecordingThe
noting in the registrar’s office of
the details of a properly executed legal
document, such as a deed, a mortgage note,
a satisfaction of mortgage, or an extension
of mortgage, thereby making it a part of
the public record. RefinancingThe process
of the same mortgagor paying off one loan
with the proceeds from another loan.Rehabilitation
mortgageA mortgage created to cover
the costs of repairing, improving, and sometimes
acquiring an existing property.Remaining
balanceThe amount of principal that
has not yet been repaid.Remaining termThe
original amortization term minus the number
of payments that have been applied.Repayment
planAn arrangement made to repay delinquent
installments or advances. Lenders' formal
repayment plans are called "relief
provisions."Replacement reserve
fundA fund set aside for replacement
of common property in a condominium, PUD,
or cooperative project -- particularly that
which has a short life expectancy, such
as carpeting, furniture, etc.Restrictive
CovenantsPrivate restrictions limiting
the use of real property. Restrictive covenants
are created by deed and may "run with
the land," binding all subsequent purchasers
of the land, or may be "personal" and
binding only between the original seller
and buyer. The determination whether a covenant
runs with the land or is personal is governed
by the language of the covenant, the intent
of the parties, and the law in the State
where the land is situated. Restrictive
covenants that run with the land are encumbrances
and may affect the value and marketability
of title. Restrictive covenants may limit
the density of buildings per acre, regulate
size, style or price range of buildings
to be erected, or prevent particular businesses
from operating or minority groups from owning
or occupying homes in a given area. (This
latter discriminatory covenant is unconstitutional
and has been declared unenforceable by the
U.S. Supreme Court.)Revolving liabilityA
credit arrangement, such as a credit card,
that allows a customer to borrow against
a pre-approved line of credit when purchasing
goods and services. The borrower is billed
for the amount that is actually borrowed
plus any interest due.Right of first
refusalA provision in an agreement that
requires the owner of a property to give
another party the first opportunity to purchase
or lease the property before he or she offers
it for sale or lease to others.Right
of ingress or egressThe right to enter
or leave designated premises.Right of
survivorshipIn joint tenancy, the right
of survivors to acquire the interest of
a deceased joint tenant.RTC(Resolution
Trust Corporation). Formed to resolve thrift
failures over the next three years and dispose
of their assets and liabilities.
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Sales
AgreementSee Agreement of sale.Second
MortgageA mortgage that has rights
that are subordinate to the rights of the
first mortgage holders.Secondary Mortgage
MarketThe buying and selling of existing
mortgages.Seller-Provided Funds(Also
called "Seller Contributions").
Seller-provided funds include all transaction
cost paid by the seller except the real
estate agent's (or brokers) fee.ServicerThe
party who has entered into an agreement
with the insured to service a loan.Settlement
CostsSee Closing Costs.Single PremiumA
premium, which provides coverage for more
than a year. empty)Special Assessments A
special tax imposed on property, individual
lots or all property in the immediate area,
for road construction, sidewalks, sewers,
streetlights, etc.Special LienA
lien that binds a specified piece of property,
unlike a general lien, which is levied
against all one's assets. It creates a
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