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ABANDONMENT
The voluntary relinquishment of rights of ownership or another interest (such as an easement) by failure to use the property, coupled with an intent to abandon (give up the interest).
ABSTRACT
A summary.
ABSTRACT OF JUDGMENT
A summary of money judgment obtained in court. When this summary or abstract is recorded in the office of the county recorder, in some states the judgment becomes a lien on the debtor’s property, presently owned, or after-acquired.
ABSTRACT OF TITLE
A summary prepared by a licensed abstractor of all documents recorded in the public records of the political subdivision where the land is located. An abstract in some states or areas is reviewed by an attorney or other experienced title examiner to determine the status of title. Virtually every abstractor today provides actual copies of the records rather than an abstract of each document.
ABATEMENT
A reduction or decrease. Usually applies to a decrease of assessed valuation of ad valorem taxes after the assessment and levy.
ACCELERATION CLAUSE
Clause in a deed of trust or mortgage, which accelerates or hastens the time when the indebtedness becomes due. For example, some deeds of trust contain a provision (an acceleration clause) stating that the note shall become due immediately upon the sale of the land or upon failure to pay interest or an installment of principal and interest.
ACKNOWLEDGMENT
A formal declaration before a duly authorized officer (such as a notary public) by a person who has executed an instrument that such execution is his own act and deed. An acknowledgment is necessary to entitle an instrument (with certain specific exceptions) to be recorded, to impart constructive notice of its contents and to entitle the instrument to be used as evidence without further proof. The certificate of acknowledgment is attached to the instrument or incorporated therein.
ADJUSTABLE MORTGAGE LOANS (AML’s)
Mortgage loans under which the interest rate is periodically adjusted to more closely coincide with current rates. The amounts and times of adjustment are agreed to at the inception of the loan. (Also called: adjustable rate loans, adjustable rate mortgages (ARM’s), flexible rate loans, variable rate loans.)
ADMINISTRATOR / ADMINISTRATRIX
A person appointed by the probate court to carry out the administration of a decedent’s estate when the decedent has left no will. If a woman is appointed, she is called an administratrix.
ADVERSE POSSESSION
A process of acquiring title to real property by possession for a certain (statutory) period of time, in addition to fulfilling other conditions.
AFFIDAVIT
A written statement or declaration, sworn to before an officer who has authority to administer an oath.
AGENT
One who has authorization, either expressed or implied, to act for or represent another party, usually in business matters, such as issuing title insurance policies on behalf of a title insurer for a portion of the premium.
AGREEMENT OF SALE
A written contract entered into between the seller (vendor) and buyer (vendee) for sale of real property (land) on an installment or deferred payment plan. It is also known as an agreement to convey, a long form Security Agreement or a real estate installment contract.
ALL-INCLUSIVE RATE
Rate which includes charges for title insurance, searching or abstract fees and examination fees.
ALTA
American Land Title Association. Organization composed of title insurance firms which sets standards for the industry, including title insurance policy forms used on a national basis.
AMENDMENT
A change either to alter, add to, or correct part of an agreement without changing the principal idea or essence.
AMORTIZED LOAN
A loan that is paid off (both principal and interest) by regular payments that are equal or nearly equal.
ANNUAL PERCENTAGE RATE (APR)
The yearly interest percentage of a loan, as expressed by the actual rate of interest paid. For example: 6% add-on interest would be much more than 6% simple interest, even though both would say 6%. The APR is disclosed as a requirement of federal truth in lending statutes.
APPRAISAL
An estimate of value of property resulting from analysis of facts about the property. An opinion of value.
APPROVED ATTORNEY
An attorney whose opinion is acceptable to a title company as the basis for issuance of a title insurance policy by the insurer. The insurer, rather than the attorney, executes the policy.
ASSUMPTION
The act of conveying real property; taking title to a property with the buyer assuming liability for paying an existing note secured by a deed of trust against the property.
BANKRUPTCY
A special proceeding under federal, or in some instances state, laws by which the property of a debtor is protected by the court and may be divided among the debtor’s creditors and the debtor.
BLANKET MORTGAGE Or TRUST DEED
A mortgage or trust deed that covers more than one lot or parcel of real property, and often an entire subdivision. As individual lots are sold, a partial reconveyance from the blanket mortgage is ordinarily obtained.
BONA FIDE PURCHASER
One who buys property in good faith, for fair value, and without notice of any adverse claim or right of third parties.
BREACH OF CONTRACT
Failure to perform a contract, in whole or part, without legal excuse.
BUILDING CONTRACT
An agreement between an owner or lessee and a building contractor, setting forth terms relative to the construction of a proposed structure.
BUYDOWN
A payment to the lender from the seller, buyer, third party, or some combination of these, causing the lender to reduce the interest rate during the early years of a loan. The buydown is usually for the first one to five years of the loan.
CAPITALIZATION RATE
The percentage (acceptable to an average buyer) used to determine the value of income property through capitalization.
CERTIFICATE OF TITLE
In areas where attorneys examine abstracts or chains of title, a written opinion, executed by the examining attorney, stating that title is vested as stated in the abstract.
CLOSE OF ESCROW
The date the documents are recorded and title passes from seller to buyer. On this date, the buyer becomes the legal owner, and title insurance becomes effective.
CLOSING
The final procedure in the real estate sales process, where the sale and pertinent loan are completed by the execution of documents for recording. In some areas, this procedure is known as the closing of escrow
CLOUD OF TITLE
An irregularity, possible claim, or encumbrance which, if valid, would adversely affect or impair the title.
COLLATERAL
By or at the side, additional or auxiliary. Mistakenly used to mean collateral security.
COLLATERAL SECURITY
Most commonly used to mean some security in addition to the personal obligation of the borrower.
COMMITMENT
A binding contract with a title company to issue a specific title policy, showing only those exceptions contained in the commitment and any intervening matters after the date of the commitment and prior to the effective date of the policy. The commitment contains all information included in the preliminary title report, plus a list of the title company’s requirements to insure the transaction. It also includes the standard exceptions from coverage that will appear in the policy.
COMMUNITY PROPERTY
Property acquired by husband, wife or both during marriage which gives each spouse an interest in the property whether each appears in title or not.
CONDEMNATION
The taking of private property by the government for public use (as for a street or a storm drain) upon making just compensation to the owner. This right or power of government to take property for a necessary public use is called eminent domain.
CONSERVATOR
A person appointed by the court to care for the person and/or property of an incompetent adult or an adult unable to care for their person or property because of health.
CONSTRUCTIVE NOTICE
Notice imparted by the public records of the county when documents entitled to recording are recorded.
CONVEYANCE
An instrument in writing, such as a deed or trust deed, used to transfer (convey) title to property from one person to another.
CORPORATION
An entity authorized by law and established by a group of people, the stockholders, which is endowed with certain rights, privileges and duties similar to an individual.
COVENANT
(1) A formal agreement or contract between two parties in which one party gives the other certain promises and assurances, such as the covenant of warranty in a warranty deed; (2) Agreements or promises contained in deeds and other instruments for performance or nonperformance of certain acts, or use or non-use of property in a certain manner.
COVENANTS, CONDITIONS AND RESTRICTIONS
Commonly called CC & R’s, the term usually refers to a written recorded declaration which sets forth certain covenants, conditions, restrictions, rules or regulations established by a subdivider or other landowner to create uniformity of buildings and use within tracts of land or groups of lots. The restrictions also can be established by deed. CC & R’s are sometimes referred to as private zoning.
DECREE OF DISTRIBUTION
A probate court decree which determines how the estate of a decedent shall be distributed.
DEED
Written document by which an estate or interest in real property is transferred from one person to another. The person who transfers the interest is called the grantor. The one who acquires the interest is called the grantee. Examples of deeds are grant deeds, administrators’ deeds, executors’ deeds, quitclaim deeds, etc. The deed to use depends on the language of the deed, the legal capacity of the grantor and other circumstances.
DEED OF TRUST Or TRUST DEED
A written document by which the title to land is conveyed as security for the repayment of a loan or other obligation. It is a form of mortgage. The landowner or debtor is called the trustor. The party to whom the legal title is conveyed (and who may be called on to conduct a sale thereof if the loan is not paid) is the trustee. The lender is the beneficiary. When the loan is paid off, the trustee is asked by the beneficiary to issue a “recon” or re-conveyance. This re-conveyance corresponds to the release that the holder of a mortgage executes when the mortgage is paid off.
DEED RESTRICTIONS
Limitations in the deed to a property that dictate certain uses that may or not be made of the property.
DEFECT
A blemish, imperfection or deficiency. A defective title is one that is irregular and faulty.
DEFECTIVE TITLE
(1) Title to a negotiable instrument obtained by fraud; (2) Title to real property which lacks some of the elements necessary to transfer good title.
DESCRIPTION
The exact location of a piece of real property stated in terms of lot, block, tract, part lot, metes and bounds, recorded instruments, or US Government survey (sectionalized). This is also referred to as legal description of property.
EARNEST MONEY DEPOSIT
Down payment made by a purchaser of real estate as evidence of good faith. A deposit or partial payment.
EASEMENT
A right or interest in the use of the land of another which entitles the holder to some use, privilege or benefit, such as to place pole lines, pipe lines or roads thereon.
EFFECTIVE DEMAN -
A qualifying term meaning the ability to pay as well as desire to buy.
EMINENT DOMAIN
The right of a government to take privately owned property for public purposes under condemnation proceedings upon payment of its reasonable value. (See “Condemnation”)
ENCROACHMENT
The presence of an improvement such as a building, a wall, a fence or other fixture which overlaps onto the property of an adjoining owner.
ENCUMBRANCE
A right or claim upon real property (land) held by one other than the property owner. Encumbrances are divided into two classes, as follows: (1) liens (mortgages, deeds of trust, mechanics’ liens, local taxes, assessments, judgments, attachments, etc.); and (2) encumbrances other than liens which are limitations on the ownership of the land (such as conditions, restrictions, reservations, easements, etc.).
ENDORSEMENT
Addition to or modification of a title insurance policy which expands or changes coverage of the policy, fulfilling specific requirements of the insured.
EQUITY
(1) A legal doctrine based on fairness, rather than strict interpretation of the letter of the law; (2) The market value of real property, less the amount of existing liens; (3) Any ownership investment (stocks, real estate, etc.) as opposed to investing as a lender (bonds, mortgages, etc.).
ESCHEAT
The reversion of property to the state when an owner dies leaving no legal heirs, devisees or claimants.
ESCROW
An independent third party, such as First American Title, who acts as the agent for buyer and seller, or for borrower and lender, carrying out instructions of both and disbursing documents and funds. Escrow closes and the transfer of property or document is completed upon fulfillment of certain conditions specified in the written instructions, whereupon the necessary deeds and other instruments are recorded.
ESTATE
(1) The interest or nature of the interest which one has in property, such as a life estate, the estate of a decreased, real estate, etc.; (2) A large house with substantial grounds surrounding it, giving the connotation of belonging to a wealthy person.
EXECUTION
An order directing a sheriff, constable, marshal or court-appointed commissioner to enforce a money judgment against the property of a debtor. This officer, if necessary, may sell the property to satisfy the judgment.
EXECUTOR / EXECUTRIX
A person appointed in a will and affirmed by the probate court to cause a distribution of the decedent’s estate in accordance with the will. If a woman is appointed, she is referred to as the executrix.
FEE SIMPLE
An estate under which the owner is entitled to unrestricted powers to dispose of the property, and which can be left by will or inherited. Commonly a synonym for ownership.
FIXED RATE MORTGAGE
A mortgage having a rate of interest which remains the same for the life of the mortgage.
FORECLOSURE
The sale of property used as security for a debt after default in payment.
FORFEITURE OF TITLE
A common penalty for the violation of conditions or restrictions imposed by the seller upon the buyer in a deed or other proper document. For example, a deed may be granted upon the condition that if liquor is sold on the land, the title to the land will be forfeited (that is, lost) by the buyer (or some later owner) and will revert to the seller.
FULL DISCLOSURE
In real estate, revealing all the known facts which may affect the decision of a buyer or tenant. A broker must disclose known defects in the property for sale or lease.
GOOD FAITH Or MORTGAGE SAVINGS CLAUSE
A clause in CC&R’s, which provides that, “a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value.”
GOOD FAITH PURCHASER Or MORTGAGEE
A person who buys or lends in good faith, that is, without notice of any existing problem, where value is paid or lent.
GRANTEE / GRANTOR
See “Deed”
GRANT DEED
One of the many types of deeds used to transfer real property. Contains warranties against prior conveyances or encumbrances. When title insurance is purchased, warranties in a deed are of little practical significance.
HAZARD INSURANCE
Real estate insurance protecting against fire, some natural causes, vandalism, etc., depending upon the policy. Buyer often adds liability insurance and extended coverage for personal property.
HOMESTEAD
A statutory protection from execution or the establishment of title by occupation of real property in accordance with the laws of various states or the Federal Government.
IMPOUNDS
A trust type of account established by lenders for the accumulation of borrower’s funds to meet periodic payments of taxes, mortgage insurance premiums, and/or future insurance policy premiums, required to protect their security.
INDEMNITY
Insurance against possible loss or damage. A title insurance policy is a contract of indemnity.
JUDGMENT LIEN
A lien against the property of a judgment debtor. An involuntary lien.
LAND CONTRACT
An installment contract for the sale of land whereby the seller (vendor) holds legal title and the buyer (vendee) has equitable title until the sales price is paid in full.
LEASE
An agreement by which an owner of real property (lessor) gives the right of possession to another (lessee), for a specified period of time (term) and for a specified consideration (rent).
LENDER
Any person or entity advancing funds which are to be repaid. A general term encompassing all mortgagees, and beneficiaries under deeds of trust.
MECHANIC’S LIEN
A lien created by statute for the purpose of securing priority of payment for the price or value of work performed and materials furnished in construction or repair of improvements to land, and which attaches to the land as well as the improvements.
MORTGAGE
To hypothecate as security, real property for the payment of a debt. The borrower (mortgagor) retains possession and use of the property.
MORTGAGEE
The party lending money and receiving the mortgage.
MORTGAGOR
The party who borrows the money and gives the mortgage.
NOTE
A unilateral agreement containing an express and absolute promise of the signer to pay to a named person, or order, or bearer, a definite sum of money at a specified date or on demand. Usually provides for interest and, concerning real property, is secured by a mortgage or trust deed.
ORIGINAL COST
The purchase price of property, paid by the present owner. The present owner may or may not be the first owner.
OWNER’S POLICY
A policy of title insurance usually insuring an owner of real estate against loss occasioned by defects in, liens against or unmarketability of the owner’s title.
PARCEL
Any area of land contained within a single description.
PARTNERSHIP
An association of two or more persons who have contracted to join in business and share the profits.
PARTY WALL
A wall generally erected on a property boundary or between two lots for the common benefit and use of the property owners on either side.
PATENT
A conveyance of title to land by the Federal or State Government.
PITI
A payment that combines principal, interest, taxes, and insurance.
PLAT
A plan, map or chart of a tract or town site dividing a parcel of land into lots.
POWER OF ATTORNEY
A document by which one person (called the principal) authorizes another person (called the attorney-in-fact) to act for him/her in a specific manner in designated transactions.
PRELIMINARY REPORT, “PRE,” Or “PRELIM”
A written report issued by a title company, preliminary to issuing title insurance, which shows the recorded condition of title of the property in question. (See “Commitment”)
PRIORITY INSPECTION
A title term referring to the type of inspection made in connection with insuring a new construction loan. In making the inspection of the property, the title company must be assured that the work of improvement had not yet begun when the lender’s deed of trust was recorded.
PUBLIC DOMAIN
Land owned by the government and belonging to the community at large.
PUBLIC RECORDS
The transcriptions in a recorder’s office of instruments which have been recorded, including the indexes pertaining to them.
QUITCLAIM DEED
A deed operating as a release, intended to pass any title, interest, or claim which the grantor may have in the property, but not containing any warranty of a valid interest or title in the grantor.
QUITE TITLE
To free the title to a piece of land from the claims of other persons by means of a court action called a quiet title action. The court decree obtained is a quiet title decree.
REAL PROPERTY (Immovable)
Land, from the center of the earth and extending above the surface indefinitely, including all inherent natural attributes and any man-made improvements of a permanent nature place thereon. For example: minerals, trees, buildings, appurtenant rights.
RECONVEYANCE
An instrument used to transfer title from a trustee to the equitable owner of real estate, when title is held as collateral security for a debt. Most commonly used upon payment in full of a trust deed. Also called a deed of reconveyance or release.
RECORDING
Filing documents affecting real property as a matter of public record, giving notice to future purchasers, creditors, or other interested parties. Recording is controlled by statute and usually requires the witnessing and notarizing of an instrument to be recorded.
REINSURANCE
A contract which one insurer makes with another to protect the first insurer, wholly or partially, against loss or liability by reason of a risk under a separate and distinct contract as insurer of a third party. Reinsurance differs from coinsurance in that, in the case of reinsurance, only one insurer has a direct contractual relationship with the insured, and that insurer (commonly referred to as the lead insurer) purchases reinsurance in order to lessen or spread the risk. The lead insurer will assume a risk up to a limit (the amount of which is referred to as the retention) and any loss which exceeds this limit would be borne by the reinsurers. In the case of coinsurance, each coinsurer has a direct contractual relationship with the insured, and the risk is shared in agreed-upon proportions from the first dollar of loss.
RESTRICTIONS
Often called restrictive covenants. Provisions in a deed or other instrument whereby an owner of land prohibits or restricts certain use, occupation or improvement of the land.
RIGHT OF WAY
(1) The right to pass over property owned by another, usually based upon an easement; (2) A path or thoroughfare over which passage is made; (3) A strip of land over which facilities such as highways, railroads or power lines are built.
SALE AND LEASEBACK
A situation in which the grantor in a deed to a parcel of property sells it and retains possession by simultaneously leasing it from the grantee.
SEPARATE PROPERTY
Real property owned by one spouse exclusive of any interest of the other spouse.
STARTER
A copy of the last policy or report issued by a title insurer which described the title to land upon which a new search is to be made. In some states, this is called a back title letter or back title certificate.
SUBORDINATION AGREEMENT
An agreement by which one encumbrance (for example, a mortgage) is made subject to another encumbrance (for example, a mortgage) is made subject to another encumbrance (perhaps a lease). To subordinate is to make subject to, or to make of lower priority.
SURVEY
The measurement by a surveyor of real property which delineates the boundaries of a parcel of land. An ALTA survey additionally delineates the exact location of all improvements, encroachments, easements and other matters affecting the title to the property in question. A survey may be required by a title insurance company whenever the company is requested to issue an ALTA Extended Coverage Policy.
TAX DEED
A deed executed by the tax collector to the state, county or city when no redemption is made from a tax sale.
TAX SALE
Property on which current county taxes have not been paid is sold to the state. No actual sale takes place. The title is transferred to the state and the owner may redeem it by paying taxes, penalties and costs. If it has not been redeemed within five years, the property (referred to as “tax sold property”) is actually deeded to the state. (Similar sales to cities take place for unpaid city taxes.)
TESTATE
Leaving a legally valid will at death.
TESTATOR
The person who makes a will.
TITLE INSURANCE
Insured statement of the condition of title or ownership of real property. For a one-time-only premium, the named insured and their heirs are protected against title defects, liens and encumbrances existing as of the date of the policy and not specifically excluded from it. In the event of a claim, the title company provides legal defense from the policyholder and pays any covered losses incurred as a result of such claim.
TITLE SEARCH
A review of all recorded documents affecting a specific parcel of land to determine the present condition of title. An experienced title officer or attorney reviews and analyzes all material relating to the search and then determines the sufficiency and status of title for issuance of a title insurance policy.
TRUSTEE / TRUSTOR
See “Deed of Trust”
UNDERWRITTEN COMPANY
A title firm which conducts title searches but is not qualified to insure, and therefore issues policies of a qualified title insurer (underwriter) in return for a portion of the premium.
VARIABLE INTEREST RATE
An interest rate that fluctuates with the current cost of money, subject to adjustment if the prevailing rate moves up or down.
VENDOR’S LIEN
An implied lien given by law to a vendor for the remaining unpaid and unsecured part of a purchase price.
VENUE
Neighborhood. Often used to refer to the county or place in which an acknowledgment is made before a notary. Also refers to the county in which a lawsuit may be filed or tried.
VESTING
The names, status and manner in which title of ownership is held with a fixed or determinable interest in a particular parcel of real property. Also that portion of a title report or policy setting forth the above.
WARRANTY DEED
A deed used in many states to convey fee title to real property.
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