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Negative Amortization - A condition created when a loan payment
is
less than interest alone. Even though payments are made on time, the amount
owing increases.
Note
- A unilateral agreement containing an express and absolute promise
of the signer to pay to a named person, or order, or bearer, a definite
sum
of money at a specified rate or on demand. Usually provides for interest
and, concerning real property, is secured by a mortgage of trust deed.
Notice
of Default (NOD) - A notice filed to show that the borrower under
a mortgage or deed of trust is in default (behind on the payments).
Per
Diem - Daily interest.
Piggyback
Loan - A loan made jointly by two or more lenders on the same property
under one mortgage or trust deed. A 90% loan, for example, may have one
lender loaning 80% and another (subordinate) lender loaning the
top 10% (high risk Portion).
Planned
Unit Development (PUD) - A subdivision of five or more
individually owned lots with one or more other parcels owned in common
or with reciprocal rights in one or more parcels. The lots are generally
small, being the exact size of the improvements, or slightly larger.
Point
- One percent of the amount of the loan.
Prepaid
Interest - Interest paid before becoming due.
Prepayment
Penalty - A penalty under a note, mortgage, or deed of trust, imposed
when the loan is paid before it is due.
Principal
- (1) The person who gives authority to an agent or attorney (See attorney-in-fact).
(2) Amount of debt, not including interest. The face value of a note,
mortgage, etc.
Private
Mortgage Insurance - Insurance against a loss by a lender in
the event of default by a borrower (mortgagor). The insurance is similar
to insurance by a government agency such as FHA, except that it is issued
by a private insurance company. The premium is paid by the borrower and
is included in the mortgage payment.
Quitclaim
Deed - A deed operating as a release; intended to pass any
title, interest, or claim which the grantor may have in the property,
but not containing any warranty of a valid interest or title in the grantor.
Real
Estate - (1) Land and anything permanently affixed to the land, such
as building, fences, and those things attached to the buildings, such
as
light fixtures, plumbing and heating fixtures, or other such items which
would be personal property, although in some states a fine distinction
may be made. (2) May refer to rights in real property as the property
itself.
Real
Estate Owned - The real estate owned by a lending institution.
Handled by its R.E.O.
Rebate
- A discount or reduction in price of a product or interest, not given
in advance, but handed back because of prompt payment or other reason.
Many states regulate gifts and educational aids given to real estate brokers
by supporting companies such as title companies, calling these in effect,
a price discount (rebate).
Reconveyance
- An instrument used to transfer title from a trustee to the equitable
owner of real estate, when title is held as collateral security for a
debt. Most commonly used upon payment in full of a trust deed. Also called
a deed of reconveyance or release.
Recording
- Filing documents affecting real property as a matter of public record,
giving notice to future purchasers, creditors, or other interested parties.
Recording is controlled by statue and usually requires the witnessing
and notarizing of an instrument to be recorded.
Refinance
- (1) The renewing of an existing loan with the same borrower
and lender. (2) A loan on the same property can be either the same lender
or borrower. (3) The selling of loans by the original lender.
Rescission
- The cancellation or annulment of a transaction or contract
by the operation of law or by mutual consent.
Seasoned
- A term referring to a land contract or mortgage, indicating that payments
have been made regularly over a period of time, and that the contract
or mortgage is not a new one.
Second
Mortgage - A mortgage which ranks after a first mortgage in
priority. Properties may have two, three, or more mortgages, deed of trust,
or land contracts as liens at the same time. Legal priority would determine
whether they are called a first, second, third, etc. lien.
Senior
Mortgage - A first mortgage.
Settlement
Statement - A statement prepared by broker, escrow, or
lender, giving a complete breakdown of costs involved in a real estate
transaction. A separate statement prepared for the seller and buyer.
Simple
Interest - Interest computed on principal alone, as opposed to compound
interest.
Sole
Proprietorship - Individual ownership of a business as opposed to
a partnership or corporation.
Subordinate
- To make subject or junior to.
Subordination
Agreement - An agreement by which an encumbrance is made subject (junior)
encumbrance. For example: A loan on vacant land is made subject to a subsequent
construction loan.
Title
- The evidence one has of right to possession of land.
Title
Insurance Policy - A contract by which the insurer, usually a title
insurance company, agrees to pay the insured a specific amount for any
loss caused by defects of title to real estate, wherein the insured has
an interest as purchaser, mortgagee, or otherwise.
Townhouse
- Originally a house in a city as opposed to a country estate. More recently
the term is applied to certain types of row houses, whether planned unit
developments or condominiums.
Underwriter
- (1) A person who reviews and approves/declines loans. The analysis of
risk and the matching of it to an appropriate rate and term.
Vested
- Present ownership rights, absolute and fixed. Modernly, ownership rights,
even though on a land contract or subject to a mortgage or deed of trust.
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