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. Also see "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