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EXAM
Real estate terms
56
Real Estate & Planning
Undergraduate 1
07/19/2012

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Term
abstract of title
Definition
The condensed history of a title to a particular parcel of real estate, consisting of a summary of the original grant and all abusequent conveyances and encumbran es affecting the property and a certification by the abstractor that the history is complete and accurate
Term
acceleration clause
Definition
The clause in a mortgage or deed of trust that can be enforced to make the enitre debt due immediately if the borrower defaults on an installment payment or other covenant
Term
accession
Definition
acquiring title to additions or improvements to real property as a result of the annexation of fixtures or the accretion of alluvial deposits along the banks of streams
Term
accretion
Definition
The increase or addition of land by the deposit of sand or soil washed up naturally from a river, lake, or sea
Term
accrued depreciation
Definition
Loss in vaue resulting from the property's physial deterioration, external depresciation (decrease in price), and functional obsolescence
Term
accrued items
Definition
On a closing statement, items of expense that are incurred but not yet payable, such as interest on a mortgage loan or taxes on real property
Term
acknowledgment
Definition
a formal declaration made before a duly authorized officer, usually a notary public, by a person who has signed a document
Term
acre
Definition
a measure of land equal to 43,560 sq. feet
Term
actual eviction
Definition
the legal process that results in the tenants being physically removed from the leased premises
Term
actual notice
Definition
express information or fact;that which is know; direct knowledge
Term
ad valorem tax
Definition
a tax levied according to value, generally used to refer to real estate tax. aka general tax
Term
addendum
Definition
any provision aded to an  existing contract without altering the content of the original; must be signed by all parties
Term
adjustable-rate mortgage (ARM)
Definition
A loan characterized by a fluctuating interest rate, usually one tied to a bank or savings and loan association cost-of-funds index
Term
administrator/administratrix
Definition
a court-selected person who assists with the settlement of an estate of a person who died without leaving a will
Term
adverse possession
Definition
the actual, open, notorious, hostile, and continuous possession of another's land under a claim of title. possession for a statutory period may be a means of acquiring title
Term
affidavit title
Definition
a written statement, made under oath by a seller/grantor of real property and acknowledged by a notary public, in which the grantor identifies themself and indicates marital status , certifies that since the examination of the tietle on the date of the contract no defects have occurred in the title, and certifies the they are in possession of the property
Term
agency
Definition
the relationship b/t a principal and an agent wherein the agent is authorized to represent the principal in certain transactions
Term
agency by ratification
Definition
an agency relationship created after the fact
Term
agent
Definition
one who ts or has the power to act for another; a fiduciary relationship is created under the law of agency when a property owner, as the principal, eexecutes a listing agreement or management contract authorizing a licensed real estate broker to be their agent
Term
air lots
Definition
designated over a piece of land; like a surface property, may be transferred
Term
air rights
Definition
the right to use the open space above a property, usually allowing the surface to be used for another purpose
Term
alienation
Definition
the act of transferring property to another; may be voluntary such as by gift or sale; or involuntary as through eminent domain or adverse possession
Term
alienation clause
Definition
the clause in a mortgage or deed of trust that states the balance of the secured debt becomes immediately due and payable at the lender's option if the property is sold by the borrower; in effect, this clause prevents the borrower from assigning the debt without the lender's approval
Term
alloidial system
Definition
a system of land ownership in which land is held free and clear of any rent or sevice due to the gov't; commonly contrasted to the feudal system; land is held under this system in the U.S.
Term
amendment
Definition
a change to the existing content of a contract (words or provisions are added to or deleted from the body of the contract); must be initialed by all parties
Term
American Land Title Assoc. (ALTA)
Definition
a title insurance policy that protects the interest in a collateral property of a mortgage lender who originates a new real estate loan
Term
Americans w/ Disabilities Act (ADA)
Definition
addresses rights of individuals w/ disabilities in employment and public accomodations
Term
amortized loan
Definition
a loan in which the principal as well as the interest is payable in monthly or other periodic installments over the term of the loan
Term
annexation
Definition
process of converting personal property into real property
Term
annual percentage rate (APR)
Definition
relationship of the total finance charges associated with a loan' must be disclosed to borrowers by lenders under the Truth in Lending Act
Term
anticipation
Definition
appraisal principle that holds that value can increase or decrease based on the expectations of some future benefit or detriment produced by the property
Term
antitrust laws
Definition
laws desined to preserve the free enterprise of the open marketplace by making illegal certain private conspiracies and combinations formed to minimize competition; violations include price-fixing (brokers conspiring to set fixed compensation rates) or allocation of customers/markets (brokers agreeing to limit their areas of trade or dealling to certain areas/properties)
Term
appraisal
Definition
an estimate of the quantity, quality, or value of something the process throgh which conclusions of property value are obtained; also refers to the report that sets forth the process of estimation and conclusion of value
Term
appraiser
Definition
an independent person trained to provide an unbiased estimate of value
Term
appreciation
Definition
an increase in the worth or value of a property due to economic or related causes, which may prove to be either temporary or permanent; opposite of depreciation
Term
appurtenance
Definition
a right, privlege, or improvement belonging to, and passing with, the land; "runs with the land"
Term
apputenant easement
Definition
an easement that is annexed to the ownershp of one parcel and allows the owner the use of the neighbor's land
Term
area
Definition
a level surgace or piece of ground; the size of a surface; the amount of a two-dimensional object
Term
area preference
Definition
people's desire for one area over another, based on a number of factors such as history, repuation, convenienc, scenic beauty, and location
Term
asbestos
Definition
a mineral once used in insulation and other materials that can cause respiratory diseases
Term
assemblage
Definition
the combining of two or more adjoining lots into one larger tract to increase their total value
Term
assessed value
Definition
the value set on property for taxation purposes
Term
assessment
Definition
the imposition of a tax, charge, or levy, usually according to established rates
Term
assignment
Definition
the transfer in writing of interest in a bond, mortage, lease, or other instrument
Term
assume
Definition
a buyer is personally obligated for the payment of the entire debt of a seller; that is, the buyer assumes the debt; the original seller is not liable for the debt if the property is foreclosed on
Term
assumption of mortgage
Definition
acquiring title to property on which there is an exciting mortgage and agreeing to be personally liable for the terms and conditions of the mortgage, including payments
Term
attachment
Definition
the act of taking a person's property into legal custody by writ or other judicial order to hold it available for application to that person's debt to a creditor
Term
attorney's opinion of title
Definition
an abstract of title that an attorney has examined and has certified to be, in his or her opinion, an accurate statement of the facts concerning the property's ownership
Term
automated underwriting
Definition
computer systems that permit lenders to expedite the loan approval process and reduce lending costs
Term
automatic extension
Definition
a listing agreement clause stating that the agreement will continue automatically for a certain period of time after its expiration date; in many states, use of this clause is discouraged or prohibited
Term
avulsion
Definition
the sudden tearing away of land, as by earthquake, flood, volcanic action, or the sudden change in the course of a stream
Term
balance
Definition
the appraisal principle that states that the greatest value in a property will occur when the type and size of the improvements are proportional to each other as well as the land
Term
balloon payment
Definition
a final payment of a mortgage loan that is considerably larger than the required periodic payments because the loan amount was not fully amortized
Term
bargain and sale deed
Definition
a deed that carries with it no warranties against liens or other encumbrances but that does imply that the grantor has the right to convey title; the grantor may add warranties to the deed at his or her discretion
Term
base line
Definition
the main imaginary line running east and west crossing a principal meridian at a definite point; used by surveyors for reference in locating and describing land under the rectangular (government) survey system of legal description
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