FAQ
A
Appraisal
- An opinion of value.
Assessed Value
- Value placed on property by the County for the purpose of computing real property taxes.
B
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. (Company example: www.InstantBPO.com - Opinion of value on residential and commercial properties).
C
Certificate of Sale
- A certificate issued to a buyer at a judicial sale (e.g. foreclosure)
Certificate of Title
- This certificate is issued to a buyer 10 days after the foreclosure sale.
Certified Funds
- Same as cash. Buyer's 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 seller's 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 initialed) by buyer and seller does it become a contract.
D
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.
E
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 California, most institutional sellers require a deposit in escrow with an offer. The more the better, but 1-3% is sufficient.
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 a real estate Broker, title company or attorney.
F
Fee Simple
- Complete legal ownership of a property.
Federal Housing Administration (FHA)
- Federal agency that 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.
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
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.
H
HUD
- Abbreviation for the Department of Housing and Urban Development, an agency that oversees FHA. FHA foreclosures are called HUD Homes.
I
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.
J
Junior Lien
- A lien that does not have first priority making the property security for payment of a debt.
L
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 California to give constructive notice of pending litigation.
M
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 Services run by local Realtor associations.
N
Notice of Default
- A notice filed to show that the borrower under a mortgage is in default.
P
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% down payment).
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.
Q
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.
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.
R
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.
S
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 judgment.
Short Sale
- In some instances a lender may agree to adjust the amount owed in order to get the property sold.
Special Warranty Deed
- See warranty deed. "Special" indicates there are limitations.
T
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.
W
Warranty Deed - Assures the title conveyed is good and possession will be undisturbed.