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Acceleration
Clause
A clause in a note, trust
deed or mortgage advancing the date of maturity of the debt upon the
happening of a certain event, such as a sale or transfer of title to
property.
Adjustable
Rate Mortgage (ARM)
A mortgage with an interest
rate that is periodically adjusted up or down, depending on a
specific index.
Agency
A relationship between two or
more persons whereby one is authorized to act for another.
Amortization
Payment of principal and
interest at stated periods for a stated time until debt is paid off.
Annual
Percentage Rate (APR)
The finance charges for a
loan, including points and other loan fees, that are in addition to
interest on the loan.
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Appurtenance
Anything incidental to or
belonging to land and considered a part of the real property.
Assessed
Value
The value of property for
taxation purposes.
Assumption
of a Mortgage (or Deed of Trust)
An agreement in which the
buyer accepts liability for payment of a seller's existing
promissory note secured by a mortgage or deed of trust.
Balloon
Payment
A final installment payment
larger than preceding installment payments on a promissory note.
Beneficiary
One for whose benefit a trust
is created, such as a lender whose loan is secured by a deed of
trust.
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Beneficiary's
Demand
The payment required by a
beneficiary under a deed of trust before authorizing a reconveyance,
the removal of the lien on title to property created by a deed of
trust.
Beneficiary
Statement
The statement of a
beneficiary under a deed of trust stating the principal balance due
on a promissory note and other information concerning the loan.
Binder
A memorandum of agreement to
issue insurance giving temporary coverage until a formal policy is
issued.
Chain
of Title
A chronological list of
documents comprising the record history of title to a specific
parcel of real property.
Commitment
A pledge, promise, or firm
agreement, such as a title insurer's contractual obligation to
insure title to real property.
Contract
of Sale
An agreement entered into for
sale and purchase of real property.
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Convey
To transfer title to property
from one to another.
Dedication
The donation of land for
public use by its owner.
Deed
A written document
transferring ownership of land from one to another.
Deed
of Trust
A three party security
document conveying title to land, secured by the performance of an
obligation, such as the repaying of a loan. It is also called a
trust deed.
Default
Omission or failure to
fulfill a duty or promise, discharge an obligation or perform an
agreement.
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Documentary
Transfer Tax
A tax on recorded transfers
of title to real property.
Down
Payment
The amount or percentage of
the purchase price paid by the buyer in cash, not borrowed from the
lender.
Due
on Sale Clause
A clause in a promissory note
or deed of trust calling for automatic maturity and payoff of the
loan in the event of a sale or transfer of title to real property.
Earnest
Money
Something given as a part of
the purchase price to bind a bargain, such as a deposit.
Easement
A limited right or interest
in the land of another entitling the easement holder to some use,
privilege or benefit.
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Encroachment
The extension of an
improvement onto the land of another.
Equity
The value of the property
actually owned by the property owner, often calculated by adding
together the purchase price, appreciation and value of improvements
and then subtracting the amount of all mortgages and liens on the
property.
Escrow
A transaction in which an
impartial third party acts as an agent for both the seller and
buyer, or both the borrower and lender, in carrying out
instructions, delivering papers and documents and disbursing funds.
Fee
Simple
Absolute ownership of real
property.
Fixture
Personal property that is
considered a part of the real property because it has been affixed
in a manner that to remove it would cause damage to the property.
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Foreclosure
Sale
The sale of real property
given to secure performance of an obligation after the obligation
has been breached.
Grant
Deed
A written instrument
transferring title to real property.
Grantee
The person/entity acquiring
title to real property by a deed.
Grantor
The person/entity
transferring title to real property by a deed.
Interest
The cost of borrowing money,
usually expressed as a percentage over time.
Lien
A charge on real property in
order to secure payment or satisfaction of a debt or other
obligation.
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Legal
Description
A description of real
property sufficient to locate it on the ground by reference to
surveys or approved recorded maps.
Lis
Pendens
A recorded notice of the
pendency of a lawsuit.
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Notice
of Default
A recorded notice of a
borrower's failure to perform the obligations in a deed of trust.
Ordinance
A legislative enactment of a
city or county.
Party
Wall
A wall located on a boundary
line of real property and used by the owners of the property on each
side.
PITI
The amount of principal,
interest, taxes and insurance which are the bases for monthly
mortgage payments.
Point
One percent of the loan
principal, charged in part or in multiples to obtain a loan, in
addition to interest and other fees.
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Pre-Payment
Clause
A charge imposed by a lender
for payment of a debt before its due date.
Principal
A party to a contract; also,
the amount of money borrowed upon which interest is charged.
Promissory
Note
A written promise, signed by
the borrower, to repay a loan.
Probate
To divide or assess
proportionately.
Public
Report
A report issued by the
California Department of Real Estate containing a wide variety of
information of interest to a prospective buyer of subdivided
property.
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Real
Property
Immovable property such as
land and improvements on it, such as buildings.
Reconveyance
A document, executed when
obligations in a deed of trust have been met, that removes the lien
on title to property created by a deed of trust.
Recording
The act of filing documents
in the office of the County Recorder.
Request
for Reconveyance
A written instruction by a
beneficiary under a deed of trust acknowledging that the obligations
in the deed of trust have been met, and directing that the lien on
title to the property created by the deed of trust be removed.
Rescission
The act of canceling the
effect of a document.
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Rider
A supplement, addition, or
endorsement to a document.
Statute
of Frauds
A law requiring certain
agreements to be in writing in order to be enforceable, including an
agreement for the sale of real property.
Straight
Note
A promissory note calling for
payment of principal in one sum rather than in installments.
Subdivision
The division of a tract of
land into separate parcels.
Title
A document indicating
ownership of a specific parcel of property.
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Title
Insurance or Title Policy
A contract indemnifying the
policy holder against loss resulting from a defect in the title to
the insured interest in real property.
Title
Search
The steps required to
complete the chain of title to a parcel of real property.
Trustee
The fiduciary designated to
hold title to real property for the benefit of another.
Usury
The exaction of a greater payment or return for a loan of money than
is permitted by law.
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