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Abstract of title
  A condensed history or summary of all transactions affecting a particular parcel of real estate, including the original grant, all conveyances and encumbrances affecting the property, and the abstractor's certification of the history's accuracy
Acceleration clause
  A clause in a mortgage that gives the lender the right to require payment of the entire principal balance if the borrower defaults on an installment payment or other covenant
Acceptance
  An offeree's consent to enter into, and be bound by the terms of, a contract
Access
  The right to enter and exit a parcel of land from a public way, including the right to enter and exit via land belonging to others
Acknowledgment
  The confirmation by which a party executing a legal document confirms his signature and voluntary agreement with the terms of the document, made before an authorized officer of the Court or notary public
Acre
  43,560 square feet of land
Adjustable-rate mortgage (ARM)
  A mortgage with interest rates that may fluctuate based on market conditions; the lender is permitted to adjust the mortgage's interest rate periodically, though most ARM's are limited in the amount that the interest rates can vary
Adjusted basis
  The total of the original cost of a property and the value of any capital expenditures for improvements done to it, minus any depreciation taken
Adjustment date
  The date on which the interest rate changes for an adjustable-rate mortgage (ARM)
Adjustment period
  The period of time between the adjustment dates for an adjustable-rate mortgage (ARM)
Administrator
  A person appointed by a probate court to administer the estate of an individual who has died without a will
Adverse Possession
  A claim made against the land titled to another person, by virtue of open and hostile possession and use of the land to the exclusion of the titled owner
Affidavit of title
  A sworn statement that is made in writing under oath by a seller of real property, and certified by a notary public, in which the seller identifies himself or herself, indicates marital status, certifies that no defects have occurred in the title since the examination of the title on the date of the contract, and confirms that he or she is in possession of the property (if applicable)
Agency
  The relationship between two or more persons wherein the agent is authorized to act on behalf of another person (or principal) in certain transactions
Agent
  A person or company that acts on behalf of another to transact business, generally in exchange for payment. In real estate, it is a person or company with a real estate license working under the authority of a real estate broker
Alienation
  The act of transferring property to another, either voluntarily (via a sale), or involuntarily (via adverse possession)
Alienation clause
  The clause in a mortgage or deed of trust which asserts the lender's option to require that the balance of the secured debt becomes immediately due and payable if the property is sold by the borrower, preventing the borrower from assigning the debt without the lender's approval
ALTA
  American Land Title Association, the national association of title insurance companies, abstractors and attorneys specializing in real property law, headquartered in Washington, D.C.
Amenity
  A natural or manmade feature of real property that enhances its value and attractiveness, though it is not essential to the property's use
Amortization
  The process of payment of a debt or mortgage loan over time by installments
Amortization schedule
  A timetable for repayment of a debt or mortgage loan, showing the amount of each payment, what portion is applied to interest and principal, and the remaining balance
Amortization term
  The amount of time required to repay the mortgage loan, expressed in number of months
Amortize
  To pay off a loan or mortgage with periodic payments that cover both principal and interest
Amortized loan
  A loan in which both the principal and interest are payable in monthly or other periodic installments over the term of the loan, with no balloon payment prior to maturity
Annual mortgagor statement
  An annual report sent to the borrower (mortgagor) each year, showing the amount paid in taxes and interest during the year, as well as the remaining mortgage loan balance
Annual percentage rate (APR)
  The overall cost of a mortgage, including interest, mortgage insurance, and loan origination fee (points), stated as a yearly percentage, thus allowing buyers to compare different types of mortgages based on the associated annual finance charges; the APR must be disclosed to borrowers by lenders, per the Truth-in-Lending Act
Annuity
  The return, including interest, from an investment of capital, paid in a series of regular payments
Appraisal
  A written estimate of the value of an asset or property prepared by a qualified, independent party, through which the asset or property value is determined
Appraised value
  The estimate of a property's fair market value, based on an appraiser's analysis of the property
Appraiser
  An individual educated to estimate the value of real property and personal property
Appreciation
  An increase in the worth of a property due to changes in economic conditions or other causes; the opposite of depreciation
Appurtenance
  Anything attached to, or used with, a parcel of land that will go to the new owner on conveyance of the land
ARM
  Adjustable-rate Mortgage. See also "Variable Rate Mortgage"
Assessment
  A tax, charge or levy against a property made by the government, based on its value, and levied for a specific purpose, such as to finance sidewalks, a sewer, etc.
Assessment rolls
  The public record of taxable property
Assessor
  A public official who evaluates the value of a property for taxation purposes
Asset
  Anything of monetary value owned by an individual, including real property, personal property, and enforceable claims against others (bank accounts, stocks, mutual funds, etc.)
Assign
  To transfer interest
Assignee
  One who receives an assignment or transfer of rights
Assignor
  One who makes an assignment or transfer of rights to another
Assumable mortgage
  A mortgage that allows a new owner to take over its obligations
Assumption
  The process of transferring the seller's existing mortgage and liability for payments to the buyer when purchasing a property, which usually saves the buyer money, since assuming a new mortgage incurs additional closing costs and possibly higher interest charges
Assumption clause
  The provision in an assumable mortgage that allows a buyer to take responsibility for that mortgage from the seller
Attachment
  Seizure of property through Court process to force payment of a debt
Attorney-in-fact
  One who holds a power of attorney from another to execute legal documents on behalf of the grantor of the power
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Back ratio
  The ratio of monthly housing costs (principal, insurance, taxes, and interest) plus regular monthly payments to gross monthly income, used by the lender to evaluate an applicant's qualification for a loan; typical back ratios are between 32 - 45 percent
Balloon mortgage
  A mortgage with level monthly payments over a stated term, but which requires a lump sum payment in full due at the end of an earlier specified term
Balloon Payment
  The final lump sum payment that is made at the maturity date of a balloon mortgage, which is larger than preceding regular payments
Bankruptcy
  A legal proceeding in a federal court in which a debtor who owes more than the total of his or her assets can surrender those assets to the Bankruptcy Court, thereby being relieved of the future obligation to repay his or her unsecured debts; a Trustee in Bankruptcy administers the assets, selling them to pay as much of the debt as possible
Bargain and sale deed
  A deed that carries with it no warranties against liens or other encumbrances, but which implies that the grantor has the right to convey title
Basis
  The financial interest an owner of an investment property has, as determined by the Internal Revenue Service, in order to determine annual depreciation and gain or loss on the sale of the asset
Adjusted Basis: When property is purchased, the owner's basis is calculated to be the property cost plus the value of any capital expenditures for improvements made, minus any depreciation taken
Benchmark
  A permanent reference mark made on a piece of property for the sake of surveyors
Beneficiary
  The person named to receive income from a trust, an estate, or a deed of trust
Bequeath
  To gift or transfer personal property to another party, executed via a will
Betterment
  An improvement to property that increases its value, as opposed to repairs or changes that maintain its value only
Bid
  A financial offer to purchase a property
Binder
  A preliminary agreement for the purchase of real estate, secured by the payment of an earnest money deposit which evidences the purchaser's good faith and intent to complete the purchase
Blanket loan
  A mortgage covering more than one parcel of real estate, which provides for each individual parcel's partial release from the mortgage upon repayment of a portion of the debt
Bond
  A written financial obligation, usually secured by a mortgage or a deed of trust, and often posted with the Court, to guarantee against loss incurred with a potential claim
Breach
  Failure to follow through on a contractual promise or legal obligation
Bridge loan
  A form of second trust, collateral for which is the borrower's present home, usually taken on to allow the proceeds from the sale of the borrower's present home to be used to close on a new home, before the previous home is sold
Broker
  An intermediary who assists in negotiating contracts between two or more parties, for a fee; in real estate, a broker is licensed to assist in the purchase, selling, rental or managing of real estate; the broker's services will vary, depending on whether he or she is employed by the seller or the buyer
Building code
  An ordinance that specifies minimal standards for construction, alteration, or demolition of a building, set for the sake of safety
Building Restriction Line (or "Set-back")
  The minimal distance from the road where a building may be positioned, which appears in the original plat of subdivision, restrictive covenants, or in zoning ordinances and building codes
Bureau of Land Management
  The branch of government responsible for the surveying and management of public lands
Buy-back agreement
  A written agreement which specifies the conditions under which the seller is allowed to repurchase the property, usually restricted to a certain period of time and to a price stated in the agreement
Buydown
  When the lender or home builder lowers the interest rate on initial payments on a loan, often for the first few years, allowing a borrower whose income is expected to increase in subsequent years to qualify for a loan they otherwise are currently not qualified for
Buyer-agency agreement
  When the broker is the agent for the buyer and is financially obliged to the buyer
Buyer's market
  When the real estate buyer is at advantage because there is more supply of houses or real estate available for sale than there is demand, thus lowering prices
 
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CC & R ' s
  Covenants, Conditions and Restrictions; or the rights and obligations of individual owners of real property within a subdivision (or other tract of land where there is more than one owner of property) in relation to other owners, or to the organized association of owners, within the same subdivision, relative to the use and maintenance of the property commonly owned among them
Call option
  A provision of a mortgage that allows the mortgagee, or lender, to require the mortgage to be due and payable for any reason at the end of a specified period of time
Cap
  A limit placed on an adjustable-rate mortgage (ARM) as to how much the interest rate or mortgage payments may increase or decrease
Capital expenditure
  The expense incurred making an improvement to a property in order to extend it useful life or to add to its value
Capital gain
  Profit earned from the sale of an asset
Capitalization
  A mathematical formula that estimates the value of a property, utilizing the rate of return on the investment and the annual net operating income expected
Capitalization rate
  The rate of return a property will produce on the owner's investment
Cash-out refinance
  A loan for refinancing a property which offers cash over and above what is needed to repay the first mortgage, closing costs, points and any other mortgage liens due. The additional cash can be used for any purpose
Caveat Emptor
  Translation: "buyer beware", meaning that the buyer is responsible for inspecting any real estate or property before purchase for defects, as the seller is not required to disclose any problems to the buyer, though if asked outright, cannot conceal any defects
Certificate of deposit
  A document provided by a bank or financial institution that is proof of a deposit of funds with that bank or institution, also promising to return the deposit plus earnings at a specified interest rate within a specified time period
Certificate of Eligibility
  A document issued by the U.S. government certifying a veteran's eligibility for a VA guaranteed loan for a home or business
Certificate of occupancy
  A city or county document certifying that a building is approved for occupancy, often required by insurance companies to insure the property
Certificate of Reasonable Value (CRV)
  A document issued by the Department of Veterans Affairs (VA) establishing the maximum loan amount for a VA mortgage
Certificate of Satisfaction
  A document recorded with land records and signed by the Noteholder of a property, showing release of a mortgage, deed of trust, or lien on that property
Certificate of title
  A statement of opinion provided by a title company or attorney, based on examining public records, stating that the title to a piece of real estate is legally held by the current owner; because this certification does not cover matters not of record, it is no longer commonly used
Chain
  A unit for measuring land equaling 66 feet in length
Chain of Title
  The series of all historical title documents showing the succession of owners of a property, as evidenced in the land records, whereby it is proven that the present owner of that property in fact holds the title
Chattel
  Personal property
Clear title
  A document establishing ownership of a property that is free of any legal questions or controversies as to the current ownership
Closing
  Also known as "escrow" or "settlement". The process of finalizing the sale of a property via a meeting of the buyer, seller and lender, at which legally binding documents are executed, money is dispersed, the deed is prepared, and ownership is formally transferred from the seller to the buyer
Closing costs
  Expenses over and above the price of the property that are incurred by the buyers and sellers in transferring ownership of property, usually including property insurance, taxes, attorney's fees, an origination fee, an amount placed in escrow, title insurance, the mortgage insurance premium, points, and filing fees
Closing statement
  A summary financial accounting of a real estate transaction disclosing all cash incoming, outgoing, and any charges or credits made
Clouded Title, or Cloud on Title
  Any conditions revealed by a title search, usually during the sale of the property, that make the title to a piece of real estate controversial; can only be removed by a quitclaim deed, release, or court action
Coinsurance
  A sharing of insurance risk between the insurer and the insured, and it depends on the amount of the policy and the actual value of the property insured at the time of the loss; also when more than one insurance company shares the risk of a particular transaction or series of transactions; lenders may require co-insurance on large commercial projects
Collateral
  As asset pledged to secure a loan; collateral for a mortgage is typically the property itself
Co-maker
  A person who takes on equal responsibility for the repayment of a loan by signing the promissory note along with the borrower
Commission
  The fee charged by a broker or agent for negotiating a real estate or loan transaction, usually a percentage of the selling price of the property or amount of the loan
Commitment letter
  A formal document issued by the lender, stating the terms under which the lender agrees to lend money to a homebuyer
Common area assessments
  Fees levied against individual unit owners in a condominium or planned unit development project to generate additional capital to defray homeowners' association expenses, and to pay for repairs, maintenance and improvements to the common areas of the project
Common Interest Community (CIC)
  An arrangement among property owners whereby they have mutual ownership of common areas of a property (e.g., condominiums, townhouses and planned unit developments) often through membership in an association
Common law
  An unwritten body of law or ethical agreements, originating from general customs in England
Community Land Trust Mortgage Option
  A financing option that enables lower or moderate-income buyers to purchase housing that has been improved by a nonprofit Community Land Trust, as well as to lease the land on which the property stands
Community property
  In some US states, a recognized right of ownership, that any property acquired during a marriage as being jointly owned by both spouses, except that acquired as specifically personal for either individual
Comparables, or Comparable Properties
  Properties that are similar in size, style, location and amenities to the property under consideration in an appraisal, which are used in the appraisal process to help determine the approximate fair market value of the subject property
Comparative market analysis (CMA)
  A comparison of the sale prices of similar properties (e.g., size, style, location, amenities) in a given area, for the purpose of determining the fair market value of a property
Condemnation
  The County or City determination that a building is dangerous for occupancy and must be demolished
Conditional-use permit
  Written governmental permission given to allow a use of a property that is ordinarily inconsistent with existing zoning laws, but which is deemed necessary for the common good
Condominium
  A system of individual ownership of units within a multi-unit structure, as well as joint ownership of certain common areas; each individual may sell or encumber his own unit within the structure
Conservator
  An individual designated by the Court to protect and preserve the property of someone who is not able to manage his or her own affairs
See "Guardian"
Construction loan
  A short-term loan for financing the cost of construction of a structure, whereby payments are made to the builder usually in increments as the work progresses
Contingency
  A condition that must be met before a contract is legally binding, or where one event or agreement is dependent on the fulfillment or completion of another event
Contract
  An oral or written, often legally-binding, agreement between two parties
Contract for Deed, or Land Contract
  A method of financing whereby the ownership of a piece of property or real estate remains in the seller's name as security until the buyer pays the purchase price in full
Conventional loan or Conventional mortgage
  A real estate loan or mortgage that is not insured or guaranteed by a government agency, such as the VA or FHA
Convertibility clause
  A provision offered in some adjustable-rate mortgages giving the borrower the option to change the ARM to a fixed-rate mortgage at a specified point in time after the loan originated
Convertible ARM
  An adjustable-rate mortgage that can be converted to a fixed-rate mortgage under specified conditions
Conveyance
  Any document by which the title to real property is transferred
Cooperative (co-op)
  A system of multiple ownership in which the residents of a multi-unit housing complex own stock in a corporation that then owns the property, and whereby each resident is given the right to occupy a specific unit pursuant to a lease
Cost approach
  A method used by appraisers to estimate the value of a property, in which the appraiser's estimate of the replacement cost of the building is added to the estimated land value, minus the depreciation
Cost of funds index (COFI)
  An index used to determine changes in the interest rate for certain adjustable-rate mortgage plans, determined by the weighted-average cost of savings, borrowings, and advances of the 11th District members of the Federal Home Loan Bank of San Francisco
Co-tenancy
  Ownership of the same piece of property or real estate by more than one person
Counteroffer
  A new offer, with different terms and conditions, made in rejection of an original offer received
Covenant
  A clause written into mortgages, deeds or other real estate documents that obligates or restricts the borrower's actions, and which, if violated, can result in foreclosure of the property
Credit history or Credit report
  A record, prepared by an independent source, of an individual's debts and status of their payment, useful to a lender in qualifying a potential borrower for a loan
Credit life insurance
  A type of insurance that can be purchased by mortgagors that will guarantee payment of the mortgage if the mortgagor dies while holding the policy
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Deed
  A written document that conveys the ownership of real estate from one person or party to another
Deed-in-lieu or Deed-in-lieu of foreclosure
  A deed given by a mortgagor to the mortgagee when the mortgage is in default, to avoid foreclosure
Deed of trust
  A written document that grants a trustee, in the event of foreclosure, the full power to sell, mortgage and subdivide the property in question
Deed Restriction
  A clause in a Deed that limits the uses of the property (e.g., types or quantities of structures permitted)
Default
  The failure to meet the legal obligations in a contract; in real estate, failure to pay mortgage payments as scheduled or to comply with other stipulations of the mortgage
Deferred interest
  Interest on a mortgage which is delayed because the monthly payment of the mortgage is not large enough to cover the entire principal and interest due, and therefore is added to the loan balance See "negative amortization"
Deficiency judgment
  A claim made by the holder of a note against the maker, in the event that a foreclosure sale does not bring in enough proceeds to fully cover the note and the costs of sale, for the difference
Delivery
  The final, unconditional and absolute transfer of a Deed from seller to buyer, such that the seller cannot revoke the transfer of ownership; the Deed itself does not pass title until the seller delivers it to the buyer
Depreciation
  A decline in the value of property, due to any cause; the opposite of appreciation Also an expense deduction taken for tax purposes over the period of owning income property
Devise
  To dispose or convey ownership of real property via a will
Disclosure
  A statement of facts made by the buyer about the condition of a property being sold and its surrounding area, required by law in most US states
Discount point
  A unit of measurement used for loan charges, with one point equaling 1 percent of the value of the loan
Dower
  The rights of a spouse to the property of their deceased spouse
Down payment
  The amount of the purchase price of a property paid in cash (i.e. not financed with a mortgage) that is required to secure the property; typically 20%
Dual agency
  Representation of opposing parties in a transaction (e.g. when a realtor is the agent for both buyer and seller); requires consent of both parties to be allowed, and is illegal in some US states
Due-on-sale clause
  A provision in a mortgage allowing the lender to demand payment of the entire balance of the note if the mortgagor sells or otherwise transfers the property
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Earnest money
  A deposit made of a portion of the purchase price by the buyer to demonstrate his or her serious intent to purchase the property, usually accompanied by an agreement outlining the terms and conditions of the sale
Easement
  The permanent or temporary right to use the property of another for a specific purpose -- e.g. for access over the property, putting up utility lines, etc.
Egress
  The right to leave or exit over a piece of property
Eminent domain
  The right of the government to take over private property for public purposes upon payment of its fair market value
Encroachment
  A physical, illegal intrusion onto another's adjoining property; examples are a structure, driveway, fence
Encumbrance
  Any claim against the fee simple title to a property, such as a lien, mortgage, or easement
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
Equity
  The owner's financial interest in a property, over and above any indebtedness for that property; or the difference between the fair market value of the property, and the amount still owed on its mortgage
Equity Sharing
  A form of joint ownership between an owner/occupant and an owner/investor, whereby the owner/investor receives depreciation deductions as his portion of interest in the property, and the owner/occupant receives some of the tax write-offs for interest and taxes, as well as part of his monthly payment being applied against his rent. If the property were sold, the co-owners would also divide the profit
Escheat
  Property that reverts to state ownership when an individual dies without a will and without heirs
Escrow
  A deed, contract, or something of value deposited with a disinterested third party, to be delivered upon the performance of certain conditions by the parties involved; e.g., an attorney or escrow agent taking custody of funds and documents upon the closing of a sale of real estate
Escrow account
  An account established by an escrow agent to hold funds for the agent's principal until the consummation of the transaction
Escrow instructions
  A document that outlines the duties of the escrow agent and the obligations of the parties involved in an escrow transaction
Escrow payment (also "impounds" or "reserves" in some states)
  The portion of a mortgagor's monthly payment that is retained by the escrow agent to cover the costs of taxes, hazard or mortgage insurance, lease payments, and other costs incurred in the course of the transaction
Estate
  An individual's possessions and property, relevant particularly at the time of death
Eviction
  The legally directed removal of an occupant from real property
Exclusive listing or Exclusive agency listing or Exclusive right-to-sell listing
  A written contract giving a licensed real estate broker the exclusive right to sell a property for a designated period of time, on terms stated by the owner, for a fee, while also reserving the owner's right to sell the property himself, without paying anyone a commission
Executor
  A person named in a will, or in the absence of such designation, appointed by the probate court, to administer an estate and carry out its terms
Extended Mortgage
  A mortgage in which the due date of payment is extended, and is usually charged at a higher interest rate than the original mortgage
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Fair Credit Reporting Act
  A federal law that regulates the disclosure of consumer credit reports by consumer/credit reporting agencies, and establishes procedures for rectifying errors on individuals' credit records
Fair Housing Act
  A federal law which prohibits discrimination in housing based on race, color, religion, sex, handicap, familial status and national origin
Fair market value
  The highest price that a buyer, who is willing but not required to buy, would pay for a piece of property or home, and the lowest price that a seller, who is willing but not required to sell, would accept
Fannie Mae
  The Federal National Mortgage Association (also FNMA), a private corporation which is federally chartered to provide financial products and services that increase the availability and affordability of housing, by purchasing mortgages from banks and other lending institutions; the FNMA is the largest non-bank financial services company in the world, as well as the largest resource for financing of home mortgages in the U.S.
Farmer's Home Administration (FmHA)
  A federal agency that provides credit assistance to farmers and other individuals residing in rural areas of the U.S.
Federal Deposit Insurance Corporation (FDIC)
  An independent federal agency that insures the deposits in commercial banks
Federal Home Loan Mortgage Corporation (FHLMC)
  A corporation established to purchase primarily conventional mortgage loans in the secondary mortgage market
Federal Housing Administration (FHA)
  An agency of the U.S. Department of Housing and Urban Development (HUD), whose function is the insuring of residential mortgage loans made by private lenders; while setting standards for construction and underwriting, the FHA itself does not lend money, or construct housing
FHA insurance
  Mortgage insurance provided by the Federal Housing Administration to protect banks, savings and loans, and mortgage companies against loss on real estate loans
FHA loan
  A loan insured by the Federal Housing Administration, and made by an approved lender in accordance with the FHA's regulations
Federal National Mortgage Association (FNMA)
  A governmental agency established to purchase any kind of mortgage loans in the secondary mortgage market from the primary lenders
Fee simple
  The greatest interest in a parcel of land that is possible, or the total interest in real property
Fiduciary relationship
  A relationship of trust and confidence, as between principal and agent, trustee and beneficiary, attorney and client
Finder's fee
  A commission paid to a mortgage broker for sourcing a mortgage loan for a prospective borrower
First mortgage
  A mortgage that is the primary lien against a property
Fixed-rate mortgage (FRM)
  A mortgage in which the interest rate remains fixed over the duration of the term of the loan
Fixture
  Any item of property that is attached to real property such that it becomes a permanent part of the real property, and therefore is usually sold with it
Foreclosure
  A legal proceeding usually initiated by the lender or creditors, involving a forced sale of a property owned by a borrower who has defaulted on payment of, or on the terms of, a loan on said property, and whereby the borrower is deprived of his or her interest in the property
Forfeiture
  The loss of money, property, rights, or privileges due to a breach of legal obligation
Forfeiture of Title
  The provision in a deed that accounts for title being passed to another, should certain terms not be met or certain circumstances occur
Freddie Mac
  The Federal Home Loan Mortgage Corporation (also FHLMC), a private corporation that is federally chartered to purchases and sells mortgage loans; a major player in the secondary market, along with the Federal National Mortgage Associate (FNMA)
Front ratio
  The ratio of a potential borrower's monthly housing costs to their gross monthly income, utilized by lenders to qualify an applicant for a loan; typically 28-40 percent is acceptable
Fully amortized ARM
  An adjustable-rate mortgage (ARM) with a monthly payment that is sufficient to pay off the remaining balance at the interest accrual rate over the amortization term
Fully indexed note rate
  The index value at the time of application for an adjustable rate mortgage (ARM) plus the gross margin stated in the note
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General warranty deed
  A deed in which the grantor warrants title against all claims, offering the greatest guarantee of protection of any type of deed, and which is used in most real estate deed transfers of title
Ginnie Mae
  The Government National Mortgage Association (GNMA), a United States corporation that guarantees privately issued securities backed by pools of mortgages insured by the Federal Housing Administration, the Farmers Home Administration, or the Veterans Administration
Graduated-payment mortgage (GPM)
  A flexible-payment mortgage with monthly principal and interest payments that increase by a certain percentage each year for a certain number of years, and then level off for the remainder of the term
Grantee
  The person who, by written document, receives title or an interest in real property from a grantor
Grantor
  The person who, by written document, transfers title to or an interest in real property to a grantee
Gross Lease
  The most common of residential leases, whereby the landlord pays for all property expenses incurred through ownership, such as taxes, insurance, repairs, etc.
Ground Lease
  A long-term lease of land (usually 99 years) that allows the lessee to build and use the land as agreed in the lease, at the end of which, the land and any improvements revert to the owner
Ground rent
 
The payment made for the use of land when the title to the property is of a leasehold estate, rather than as a fee simple estate
Growing-equity mortgage (GEM)
  A fixed-rate loan for which the monthly payments increase over a designated period of time, with the increased amount of the monthly payment being applied directly to the principal balance, thereby shortening the term of the loan
Guarantee mortgage, or Insured mortgage
  A mortgage that is guaranteed against default by a third party (such as the FHA), and for which the borrower must pay an insurance premium
Guardian
  An individual designated by the Court to protect and preserve the property of someone who is not able to manage his or her own affairs
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Hazard insurance
  Insurance protection for specified losses due to natural causes, such as fire, floods, earthquake, tornadoes, and other "acts of God"
Heir
  An individual who will potentially inherit an interest in land from someone who dies
Hiatus
  A gap or space between two parcels of lands that is not included in the legal description of either parcel
Home equity line of credit, or Home equity loan
  A mortgage loan (usually not the primary mortgage) or line of credit which gives the property owner the option to obtain cash advances from the loan proceeds, using his or her residence as collateral, but which is not to exceed a pre-arranged amount of the owner's total equity in the property
Homeowners' association
  A nonprofit association of individual owners of units in a multi-unit structure (either a planned unit development, or a condominium) that manages the common areas of that structure. In a planned unit development (PUD) project, the association holds title to the common elements, whereas in a condominium project, it holds no title to the common elements
Homeowner's insurance
  An insurance policy available to residential real estate owners that protects homeowners against financial loss from fire, theft, public liability, and other risks
Homestead
  Real estate that is owned and utilized as the primary family residence, protected in some states as exempt from the claims of creditors
Homestead deed
  A document filed in the land records asserting a homestead exemption, protecting a variable amount of his assets (depending on which state) against the claims of creditors
Housing ratio, or Debt-to-income ratio
  The percentage that results from dividing a borrower's housing expenses by his/her gross monthly income, used by the lender to evaluate an applicant's qualification for a loan
HUD-1 statement
  The document used in closing a real estate transaction (also known as a "closing statement" or a "settlement sheet") which itemizes the funds that are payable at closing, including broker commissions, loan costs, and escrow amounts, and which provides a summary of the seller's net proceeds and the buyer's net payment at closing. It is required by the US Department of Housing and Urban Development (HUD) whenever federally-related mortgages are being made on residential properties
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Impound, or Reserves
  The portion of a borrower's monthly payments held by the lender to pay for taxes, hazard and mortgage insurance, lease payments, and other items that will come due
Income approach
  The method of estimating the value of a property by calculating its generated income
Income property
  Real estate developed for the purpose of generating income
Indemnify
  To provide for compensation in the case of loss or damage to property
Indemnity
  The statement of terms under which loss or damage to property will be compensated
Index
  A published interest rate used by lenders to compare the interest rate for an adjustable-rate mortgage (ARM) with that earned by other investments (e.g., the yield on Treasury bills, interest rate on loans from savings and loans institution, etc.), as a result of which the ARM interest rate is adjusted
Ingress
  The right to enter on or over a piece of property
Insurable Title
  A property title which an insurance company is willing to insure against possible claim
Installment contract, or Contract for deed
  A contract for the sale of real estate whereby the buyer is in possession of the property while paying off the purchase price in periodic installments, despite the title being retained by the seller until the future date of final payment
Insured closing letter
  An indemnity provided by a title insurance company to a lender, whereby the title insurance company assumes responsibility in the case that the closing agent does not fulfill the terms of the loan, or misappropriates the loan proceeds
Insured mortgage
  A mortgage that is protected by the Federal Housing Administration (FHA) or by private mortgage insurance (MI) so that if the borrower defaults on the loan, the insurer compensates the lender the lesser of the loss incurred or the actual insured amount
Interest rate buydown plan
  An arrangement made for the initial years of a mortgage whereby the seller (or any other party) deposits money into an account that is then released toward the monthly payments on the mortgage, thereby bringing the mortgagor's interest rate down below the actual interest rate
Interest rate ceiling
  The maximum interest rate for an adjustable-rate mortgage (ARM), as specified in the mortgage note
Interest rate floor
  The minimum interest rate for an adjustable-rate mortgage (ARM), as specified in the mortgage note
Interim financing
  A temporary or short-term loan, often made during the construction phase of a building project, and usually replaced by a permanent long-term mortgage
In testate
  The condition of dying without leaving a will. The description of an estate without a will.
Involuntary lien
  A claim or charge against property placed without the consent of the property's owner
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Joint Ownership Agreement
  An agreement made between two or more owners of the same property, defining their rights and responsibilities (e.g. recommended in the case of married owners of property)
Joint tenancy, or Tenants by the entirety
  Ownership of real estate by two or more parties held jointly for life; if one of the owners dies, the survivor(s) inherit the property without reference to the deceased's will
Judgment
  A decision or decree made by a court of law
Judgment lien
  A claim against the real property of a debtor, as decreed by the court
Jumbo loan, or Non-conforming loan
  A loan amount that exceeds the limits set by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; because such loan cannot be funded by these two agencies, it carries a higher interest rate
Junior mortgage, or Secondary mortgage
  A mortgage whose claim to repayment is of lesser priority than another, previously recorded mortgage
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Land contract
  See Contract for deed
Late charge
  The penalty a borrower pays when a payment is made after the due date
Lease
  A written agreement between the property owner and a tenant that stipulates rent to be paid, as well as the terms under which the tenant may reside in the real estate for a designated period of time
Leasehold estate