A Brief Glossary of Commonly
Used Terms
Absolute Auction - An auction
with no minimum bid amount. The highest bidder gets the property no matter
how low the bid.
Abstract of Title - A summary
of the conveyances and other facts relied on as evidence of title.
Accrued Interest - Interest
accumulated on the mortgage since the last payment.
Action - The 'notice of' is
the published legal beginning of the demand for payment in a foreclosure
proceeding.
Appraisal - An opinion of
value.
Assessed Value - Value placed
on property by the County for the purpose of computing real property taxes.
In Florida the assessed value is usually 15-20% below market value but
will vary by area.
BPO - Broker's Price Opinion
also called a Comparative Market Analysis. A method of appraisal in which
selling prices of similar properties are used as the basis for arriving
at the value estimate. Institutional sellers usually rely on a BPO prepared
by a real estate agent and a professional appraisal to determine a listing
price.
Certificate of Sale - A certificate
issued to a buyer at a judicial sale (e.g. foreclosure)
Certificate of Title - In
Florida this certificate is issued to a buyer 10 days after the foreclosure
sale.
Certified Funds - Same as
cash. Buyers monies must be brought to the closing in this form.
Closing - The final accounting
of the real estate sale. The closing Statement outlines the costs on both
the buyers and the sellers side of the transaction.
Contingent - Dependent upon
conditions or events. There are conditions the institutional seller will
consider in an offer to purchase such as the ability of the buyer to obtain
a mortgage or perform inspections. The sale of another property to raise
sufficient funds is an example of a contingent usually not considered.
Contract - A promise. Only
when an offer to purchase has been fully executed (signed and initialled)
by buyer and seller does it become a contract.
Default Judgment - against
someone because they failed to show up in court.
Deficiency Judgment - Decision
requiring a borrower to pay the lender the difference between the mortgage
balance and the amount realized at the foreclosure sale.
Earnest Money - An amount
of money given with the offer to purchase as a "good faith" gesture
of the buyer's serious intent. Although not required by law in Florida,
most institutional sellers require a minimum $500-$1000 deposit in a trust
account with an offer
Escrow - The deposit of funds
with a bonded neutral third party with instructions to carry out the provisions
of a contract. Earnest money deposits are usually held in the trust accounts
of either a real estate Broker, title company or attorney.
Fee Simple - Complete legal
ownership of a property.
Federal Housing Administration (FHA) -
The federal government agency which administers FHA insured loans.
Federal Tax Lien - An obligation
to the federal government as a result of non-payment of taxes.
F.N.M.A. - Abbreviation for
the Federal National Mortgage Association affectionately known as "Fannie
Mae", an agency which buys blocks of loans from banks. Due to its
size, Fannie Mae Foreclosures make up a significant percentage of our Florida
inventory.
F.H.L.M.C. - Abbreviation for
the Federal Home Loan Mortgage Corporation affectionately known as "Freddie
Mac", an agency performing a similar function to Fannie Mae and now
much larger. Special financing is offered on Freddie Mac Foreclosures.
Foreclosure - Forced sale
of property ordered by a lender due to delinquency in mortgage payments.
A foreclosure sale terminates all rights of the mortgagor.
G.N.M.A. - Government National
Mortgage Association affectionately known as Ginnie Mae is an agency in
the secondary mortgage market dealing primarily in recycling VA and FHA
mortgages. Grantee. The buyer.
Grantor - The seller.
HUD - Abbreviation for the
Department of Housing and Urban Development, an agency which oversees FHA.
FHA foreclosures are called HUD Homes.
Institutional Lender - Financial
institutions whose loans are regulated by law such as banks, credit unions
and commercial loan agencies.
Involuntary Lien - A lien
imposed against property without the owner's consent such as taxes, special
assessments, federal income taxes, etc.
Junior Lien - A lien that
does not have first priority making the property security for payment of
a debt.
Lien - An encumbrance using
the property as security for the payment of a debt or obligation of the
property owner.
Lis Pendens - Lawsuit pending.
This usually recorded in Florida to give constructive notice of pending
litigation.
Loan to Facilitate - Some
institutional sellers offer financing to make their properties more attractive
in the market.
Market Value - The price a
property will bring in the open market under normal conditions.
Mechanic's Lien - A lien placed
on property by laborers or material suppliers who have contributed to an
improvement.
Mortgage - A legal conveyance
of property to a creditor for security (from the Latin meaning death pledge).
Mortgagee - The lender.
Mortgagor - The borrower.
MLS - Multiple listing service
run by local Realtor associations.
Notice of Default - A notice
filed to show that the borrower under a mortgage is in default (behind
on the payments).
Option - The right to buy
or lease with specified terms for a specified period of time.
OREO - Other Real Estate Owned
by institutions. Sometimes used to refer to foreclosure properties but
can refer to branch offices, etc. owned by the bank
Points - A charge made by
the lender for loaning money. One point equals one percent of the loan.
Portfolio Loan - Loan originated
and held 'in house' as part of a lender's investments.
PMI - Private mortgage insurance
required as part of the monthly payment in loans less than 80% loan to
value (less than 20% downpayment).
Pre-foreclosure - Period between
when a borrower becomes delinquent and the property is foreclosed upon.
Principal - A person acting
for him/herself in a transaction. Also the amount of a loan exclusive of
interest.
Qualifying - Process of demonstrating
a person is credit worthy and has enough money to buy a property. Institutional
sellers may require "proof" in the form of a letter from a lender
or some verification of the source of funds if the sale is cash.
Quick Sale Value - Price estimated
to sell in less than normal market time and therefore below market value.
Quiet Title - Legal process
to eliminate title problems.
Quitclaim - A form of deed
in which the grantor is giving the grantee rights to a property but makes
no warranties about rights others may have.
Realtor - A broker or sales
agent who is a member of a local real estate board affiliated with the
National Association of Realtors.
R.E.O. - An abbreviation for
Real Estate Owned most commonly used to describe properties acquired in
foreclosure and owned by institutions.
Right of Redemption - Right
to buy a property back for a limited period of time(usually 10 days) after
a foreclosure sale.
Secondary Mortgage Market - Fannie
Mae, Freddie Mac, Ginnie Mae were originally chartered by the federal government
to stimulate the economy by either buying or recycling packages of loans
from financial institutions.
Sheriff's Deed - Deed given
by court order to satisfy a judgement.
Short Sale - In some instances
in Florida a lender may agree to adjust the amount owed in order to get
the property sold.
Special Asset - Term also
used to describe properties acquired in foreclosure and owned by an institution.
Special Warranty Deed - See
warranty deed. "Special" indicates there are limitations.
Title - Evidence that an owner
is in lawful possession; instrument evidencing ownership.
Title Insurance - Policy written
by a title company to protect a property owner against loss if the title
is imperfect.
Title Search - Process to
determine validity of the title to real estate.
Warranty Deed - Assures the
title conveyed is good and possession will be undisturbed.
Workout - A special process
in which some lenders and property owners may seek a solution to impending
foreclosure by a payment plan or refinance.
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