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Real Estate Law Terms

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Easement

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A legal right to use another's land for a specific limited purpose. E.g., to cross property to access a public beach.

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Lien

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A legal right or interest that a creditor has in the debtor's property, typically lasting until the debt which it secures is paid.

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Mortgage

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A loan secured by collateral of specified real estate property that the borrower is obliged to pay back with a predetermined set of payments.

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Encumbrance

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A claim against, limitation on or liability against real estate. Encumbrances include liens, deed restrictions, easements, encroachments, and licenses.

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Foreclosure

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A legal process by which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments, by forcing the sale of the asset used as the collateral for the loan.

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Deed

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A legal document that represents the ownership of property and is used to transfer ownership from one party to another.

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Escrow

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An arrangement in which a third party holds and regulates payment of the funds required for two parties involved in a given transaction.

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Title

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A legal document evidencing a person's right to or ownership of a property.

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Title Search

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The process of retrieving documents evidencing events in the history of a piece of real property, to determine relevant interests in and regulations concerning that property.

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Zoning

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The legislative process for dividing land into zones in which certain land uses are permitted or prohibited. E.g., commercial, residential.

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Covenant

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A written agreement or promise in a deed or other document where a party pledges to perform or not perform specified acts with respect to a property.

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Lease

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A contract outlining the terms under which one party agrees to rent property owned by another party.

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Fair Market Value

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The price at which an interested but not desperate buyer would be willing to buy and an interested but not desperate seller would be willing to sell.

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Adverse Possession

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A process by which someone may acquire title to the land of another through certain acts over a defined period of time, such as possessing the land in a way that is public and unequivocal.

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Fixed-Rate Mortgage

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A mortgage that has a fixed interest rate for the entire term of the loan.

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Equity

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The difference between the market value of a property and any outstanding mortgage balance or other liens against it.

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Real Estate Agent

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A licensed individual who acts as an intermediary on behalf of buyers or sellers in real estate transactions.

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Recording

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The act of entering into the book of public records the written instruments affecting the title to real property, such as deeds and mortgages.

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Short Sale

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A sale of property in which the proceeds from selling the property will fall short of the debts secured by liens against the property.

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Homeowners' Association (HOA)

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An organization in a subdivision, planned community, or condominium building that makes and enforces rules for the properties and their residents.

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Quitclaim Deed

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A legal instrument that is used to transfer interest in real property but makes no guarantee about the title.

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Offer to Purchase

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A written proposal to buy a property at a specified price, often including conditions that must be met and a timeline for acceptance.

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Tenancy

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An arrangement where tenants hold possession and use of property owned by another. The tenancy is established through a lease and has terms such as the start date, duration, rent owed, etc.

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Appraisal

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The process of developing an opinion of a property's value, often used by banks to determine the loanable amount.

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Condominium

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A type of real estate ownership where a person owns an individual unit in a multi-unit building. The owner also shares an interest in common areas and facilities.

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Real Estate Broker

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A step above a real estate agent, a broker has additional training and can hire agents to work under them.

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Closing Costs

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Fees paid at the end of a real estate transaction. This may include a loan origination fee, attorney fee, the title insurance fee, etc.

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Adjustable-Rate Mortgage (ARM)

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A mortgage that has a fluctuating interest rate based on a benchmark or index plus an additional spread, referred to as an ARM margin.

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Good Faith Estimate (GFE)

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Now known as a Loan Estimate, this is an approximation of fees due at closing for a mortgage loan that a lender must provide to a borrower within three business days of receiving the loan application.

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Landlord

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The owner of real estate who rents or leases it to another, known as the tenant.

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Capital Gains Tax

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Tax on the growth in value of investments incurred when individuals and corporations sell those investments.

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Sublease

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An arrangement where the original tenant leases out the premises to another tenant.

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Real Property

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Land and anything permanently affixed to it, including buildings, fences and other items attached to the structure.

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Refinancing

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The process of obtaining a new mortgage to replace an original one, often to acquire a more favorable interest term and rate.

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Depreciation

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A reduction in the value of an asset over time, particularly applicable to real estate for tax purposes.

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Joint Tenancy

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A form of legal co-ownership of a property where each owner has an undivided interest with the 'right of survivorship'.

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Nonconforming Loan

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A loan that does not meet bank criteria for funding. This might relate to the borrower's loan limit or the lack of sufficient creditworthiness.

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