The report is prepared by an independent company to federal, state, or local guidelines. Equitable Ownership -- Ownership by one whom does not have legal title, such as vendee under a land contract or, technically, a trustor under a deed of trust legal title being in the trustee. Also called equitable title. Equity -- 1 A legal doctrine based on fairness, rather than strict interpretation of the letter of the law. Escheat -- A reversion of property to the state in the absence of an individual owner. Usually occurs when a property owner dies interstate, and without heirs.
Escrow -- Delivery of a deed by a grantor to a third party for delivery to the grantee upon the happening of a contingent event. Contemporarily, in some states, all instruments necessary to the sale including funds are delivered to a third neutral party, with instructions as to their use. Escrow Instructions -- Instructions which are signed by both buyer and seller, and which enable an escrow agent to carry out the procedures, necessary to transfer real property, a business, or other assignable interest.
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Escrow Officer -- An escrow agent. In some states, one who has, through experience and education, gained a certain degree of expertise in escrow matters. Estoppel -- The prevention of one from asserting a legal right because of prior actions inconsistent with the assertion. Evidence of Title -- A document establishing ownership to property. Most commonly, a deed. Exclusive Agency Listing -- A listing or agreement protecting the listing broker's commission against the sale of property by another agent but not against the sale of the principal.
The term is not universal, as some areas use this term, nonexclusive listing, to describe this agreement. Exclusive Listing -- A written contract between a property owner and a real estate broker, whereby the owner promises to pay a fee or commission to the broker if certain real property of the owner is sold during a stated period, regardless of whether the broker is or is not the cause of the sale.
The broker promises to put forth his or her best efforts to sell the property, and may make specific promises as to advertising or other promotion in certain instances. Execute -- To complete; to fulfill a purposes, such as to execute an instrument, meaning to sign, seal contemporarily, to notarize , and deliver. Farmer Home and Administration FmHA -- The federal agency which makes, participates, and ensures loans for rural housing and farms.
Federal Deposit Insurance Corporation FDIC -- The federal corporation which insures against loss of deposits in banks and, since , in savings associations. Federal Tax Lien -- A lien attaching to property for nonpayment of a federal tax estate, income, etc. A federal tax lien differs from other liens in that it is not automatically wiped out by foreclosing on a mortgage or trust deed recorded before the tax lien except by judicial foreclosure.
Fee Simple -- An estate under which the owner is entitled to unrestricted powers to dispose of the property, and which can be left by will or inherited. Commonly, a synonym for ownership. Fee Simple Absolute -- A term now used synonymously with fee simple. Federal Housing Administration -- A federal agency which insures first mortgages, enabling lenders to loan a very high percentage of the sale price.
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FHA Escape Clause -- A clause stating that the buyer borrower shall not be obligated to buy nor shall any deposit be lost if the appraisal is less than the agreed upon amount. Fictitious Instrument -- An instrument usually a mortgage or deed of trust which is recorded not on specific property but to be incorporated by reference into future mortgages or deeds of trust.
This is done by reference to the recording information of the fictitious instrument in the instrument recorded against specific property. This shortens the latter instrument and thereby cuts the cost of printing, paper, recording, etc. The fictitious instrument contains general language applicable to any specific property.
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Financing Costs -- The cost and interest and other charges involved in borrowing money to build or purchase real estate. First Refusal Right -- A right, usually given by an owner to a lessee, which gives the lessee a first chance to buy the property if the owner decides to sell. The owner must have a legitimate offer, which the lessee can match or refuse. If the lessee refuses, the property can then be sold to the offeror. Flood Insurance -- Insurance indemnifying against loss by flood damage.
Required by lenders usually banks in areas designated federally as potential flood areas. The insurance is private but federally subsidized. Floor Time -- A period during the working day when a specific salesperson is responsible for general inquiring walk-in or telephone regarding property in a brokerage office.
This is generally established as a set, rotating number of hours per week for each salesperson. When a salesperson is "on the floor" he or she must be in the office or make arrangements with another salesperson to cover the floor during those hours. A prepayment points will buy a lower rate of interest during the first one to five years of the loan. Restrictions apply to the amount of the buydown and rise in payment amount as the loan progresses. Forced Sale -- A sale which is not the voluntary act of the owner, such as to satisfy a debt, whether a mortgage, judgment, etc.
The selling price of such a sale would not be considered market value. Fraud -- A deception, intended to wrongfully obtain money or property from the reliance of another on the deceptive statements or acts, believing them to be true.
Free and Clear -- Real property against which there are no liens, especially voluntary liens mortgages. Frontage -- The linear measurement along the front of a parcel, that is, the portion facing a road, waterway, walkway, etc. Fully Amortizing Loan -- A loan of equal, regular payments, which cause the principal and interest to be completely paid by the due date.
General Partner -- A member of the partnership who has authority to bind the partnership and shares in the profits and losses.
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A partnership must have at lease one general partner and may have more, as well as limited partners. Gift Letter -- A letter to HUD from the owner giver stating that a gift of money has been made to the buyer in order to purchase specific property. The relationship of the donor and recipient is stated, as well as the amount of gift.
A federal association, working with FHA, which offers special assistance in obtaining mortgages and purchases mortgages in a secondary capacity. Grant Deed -- One of the many types of deeds used to transfer real property. Contains warranties against prior conveyances or encumbrances. When title insurance is purchased, warranties in a deed are of little practical significance. Grantee -- One to whom a grant is made, generally the buyer. Grantor -- One who grants property or property rights.
Grantor-Grantee Index -- The record of the passing of title to all the properties in a county as kept by the county recorder's office. Property is checked, by tracing the names of the sellers and buyers chain and title. Title companies usually have more efficient methods by keeping records according to property description, rather than people's names. Greenbelt -- A landscaped area surrounding a development to separate and protect it from neighboring incompatible use, such as separating office buildings from an industrial park.
Ground Lease -- A lease of vacant land, or land exclusive of any buildings on it. Usually a net lease. Back to top. Hard Money Mortgage -- A mortgage given in return for cash, rather than to secure a portion of the purchase price, as with a purchase money mortgage. Hardpan -- A compacted layer of soil, usually containing clay, through which it is difficult to drain or dig. Hazard Insurance -- Real estate insurance protecting against loss caused by fir, some natural causes, vandalism, etc. Hereditaments -- 1 Anything which could be considered real property. Homeowner's Association -- 1 An association of people who own homes in a given area, formed for the purpose of improving or maintaining the quality of the area.
The builder's participation as well as the duties of the association is controlled by statute. Homestead -- The dwelling house and contiguous land of the head of a family. Some states grant statutory exemptions, protecting homestead property usually to set a maximum amount against the rights of creditors.
Property tax exemptions usually to set a maximum amount are also available in some states. Statutory requirements to establish a homestead may include a formal declaration to be recorded. Home Warranty Insurance -- Private insurance insuring a buyer against defects usually in plumbing, heating and electrical in the home he has purchased. The period of insurance varies and both new and used homes may be insured.
Impound Account -- Account held by a lender for payment of taxes, insurance, or other periodic debts against real property. The mortgagor or beneficiary pays a portion of, for example, the yearly taxes, with each monthly payment. The lender pays the tax bill from the accumulated funds. Indemnity Agreement -- An agreement by which one party agrees to repay another for any loss or damage the latter may suffer. Ingress and Egress -- A right to enter upon and pass through land. Installment Contract -- A method of purchasing by installment usually monthly payments.
When referring to real property, it is usually called a land contract. Institutional Lenders -- Banks, savings and loan associations, and other businesses, which make loans to the public in the ordinary course of business, rather than individuals, or companies which may make loans to employees.
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Insured Mortgage -- A mortgage insured against loss to the mortgagee in the event of default and a failure of the mortgaged property to satisfy the balance owning plus costs of foreclosure. May be insured by F. A, VA, or by independent mortgage insurance companies.
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Intestate -- Without leaving a will, or leaving an invalid will, so that the property of the estate passes by the laws of succession rather than the direction of the deceased. Involuntary Lien -- A lien, such as a tax lien, judgment lien, etc.
Joinder -- Joining together in some legal proceeding. Joint Protection Policy -- A policy of title insurance which insures both the owners and the lender under the same policy. Judgment Creditor -- A person, corporation, etc. Recording an abstract of said judgment would create a lien on real property owned by the judgment debtor in the county where the abstract is recorded.
Judgment Debtor -- A person, corporation, etc.