debenture

Bonds issued without security.

debt service

The total amount of credit card, auto, mortgage or other debt upon which you must pay.

debt-service ratio

The measurement of debt payments to gross household income which may include, in addition to the main wage earner's salary, salaries of other wage earners, commissions, bonuses, overtime, etc.

Deceptive Trade Practices Act

Part of the federal Consumer Protection Act originally passed in 1973 and made specifically applicable to real estate in 1975, specifically prohibiting a lengthy number of false, misleading and deceptive acts or practices. A deceptive trade practice as one "which has the capacity to deceive an average, ordinary person, even though that person may have been ignorant, unthinking, or credulous."

deduction

In tax law, an amount that you can subtract from the total amount on which you owe tax.  Examples of federal income tax deductions include mortgage interest, charitable contributions and certain state taxes. For example, if Aimee receives an income of $60,000 in 1998 and pays $12,000 in mortgage interest during that same year, she can deduct $12,000 when she fills out her federal tax return, leaving an amount of $48,000 upon which she must pay tax.

 

deed

A written instrument by which title to land is conveyed.
 

deed in lieu (of foreclosure)

A means of escaping an overly burdenome mortgage. If a homeowner can't make the mortgage payments and can't find a buyer for the house, many lenders will accept ownership of the property in place of the money owed on the mortgage. Even if the lender won't agree to accept the property, the homeowner can prepare a quitclaim deed that unilaterally transfers the homeowner's property rights to the lender.

deed of trust

The legal instrument used in in lieu of a mortgage, in which the property is conveyed in trust to a trustee to be held as security for a loan.
 

deed restrictions

Common name used in the Houston area to denote covenants, conditions & restrictions (CC&Rs).  Deed restrictions cover allowable land uses and home types and sizes within a neighborhood.  They are especially important within Houston, and unincorporated parts of Harris County, since zoning does not exist in these areas.

default

Non-performance of a duty arising under a contract or otherwise.

defeasanse

A clause in a deed, lease, will or other legal document that completely or partially negates the document if a certain condition occurs or fails to occur. Defeasance also means the act of rendering something null and void. For example, a will may provide that a gift of property is defeasable--that is, it will be void--if the beneficiary fails to marry before the willmaker's death.

delivery

The actual transfer of the deed, or an act of a seller showing intent to make a deed effective, without which, there is no transfer of title to the property.

depreciation

A loss in value.

descent

Acquisition of property through inheritance laws when there is no will (when a person dies intestate).

devise

A transfer of real estate by will or last testament.

disclosure

The making known of a fact that had previously been hidden; a revelation.  For example, in many states you must disclose major physical defects in a house you are selling, such as a leaky roof or potential flooding problem.

discount points (or points)

The amount paid either to maintain or lower the interest rate charged. Each point is equal to one percent (1%) of the loan amount (i.e., two points on a $100,000 mortgage would equal $2,000).

discount rate

(1) The rate charged member banks who borrow from the Federal Reserve System.

(2) The rate used to convert future income into present value.

dispossess

To oust from land by legal process.

dominant tenement

Property that carries a right to use a portion of a neighboring property. For example, property that benefits from a beach access trail across another property is the dominant tenement.

down payment

An amount of money the buyer pays which is the difference between the purchase price and the mortgage amount.

dual agency

Representing the buyer and the seller in the same transaction by the same agent. Since there is an inherent conflict in fiduciary obligations to two different principals, dual agency, at best, is a risky undertaking. TRELA requires that all parties to a dual agency have full knowledge and consent (Disclosed Dual Agency). Contrast with intermediary.

due on sale

A clause in a mortgage agreement providing that, if the mortgagor (the borrower) sells, transfers, or, in some instances, encumbers the property, the mortgagee (the lender) has the right to demand the outstanding balance in full.

duress

Forcing action or inaction against a person's will.

earnest money

A deposit made by the buyer as evidence of good faith in offering to purchase real estate and to secure performance of the contract. Earnest money is typically held by a title company, in an escrow account, during the period between acceptance of the contract and the closing.

earnest money contract (EMC)

A contract for the sale or purchase of real estate in which the purchaser is required to tender earnest money to evidence good faith in completing the contractual obligations. Almost every sales contract for real estate will be an earnest money contract. Also see sales contract and promulgated contracts.

easement

A right to use another person's real estate for a specific purpose. The most common type of easement is the right to travel over another person's land, known as a right of way. In addition, property owners commonly grant easements for the placement of utility poles, utility trenches, water lines or sewer lines. The owner of property that is subject to an easement is said to be "burdened" with the easement, because he or she is not allowed to interfere with its use. For example, if the deed to John's property permits Sue to travel across John's main road to reach her own home, John cannot do anything to block the road. On the other hand, Sue cannot do anything that exceeds the scope of her easement, such as widening the roadway.

easement by prescription

A right to use property, acquired by a long tradition of open and obvious use. For example, if hikers have been using a trail through your backyard for ten years and you've never complained, they probably have an easement by prescription through your yard to the trail.

economic obsolescence

Loss of value of real property due to external forces or events; eg., a sewer plant is built next door to the subject property. Contrast with Functional Obsolescence.

effective interest rate

The cost of credit on a yearly basis expressed as a percentage. Includes up-front costs paid to obtain the loan, and is, therefore, usually a higher amount than the interest rate stipulated in the mortgage note. Useful in comparing loan programs with different rates and points.

 

effluxion of time

The normal expiration of a lease due to the passage of time, rather than due to a specific event that might cause the lease to end, such as destruction of the building.
 

egress

An exit, or the act of exiting. The most famous use of this word was by P.T. Barnum, who put up a large sign in his circus tent saying "This Way to the Egress."  Thinking an egress was some type of exotic bird, people eagerly went though the passage and found themselves outside the circus tent. Compare ingress.

emblements

Annual crops produced by cultivation. They are deemed to be personal property.

eminent domain

The right of government to take private property for public use, through court action known as condemnation. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is "justly compensated" (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals or other public buildings. Sometimes called expropriation.

 

enclave community

Smaller in scope than master-planned communities,  enclave communities typically blend different price ranges of residential neighborhoods with amenities such as public recreation areas and parks, neighborhood schools and extensive landscaping.  Recreation areas may include public swimming pools, tennis courts, and children's play grounds.  Many offer large water features and gated access.

encroachment

A fixture, or structure, such as a wall or fence, which invades a portion of a property belonging to another.  Solutions range from paying the rightful property owner for the use of the property to the court-ordered removal of the structure.

encumbrance

A cloud against clear, free title to the property which does not prevent conveyance, such as unpaid taxes, easements, deed restrictions, mortgage loans, etc.

endorsement

Writing one's name, either with or without additional words, on a negotiable instrument, or on a paper attached to it.

Equal Credit Opportunity Act

The 1974 federal law (Title VII of the Consumer Credit Protection Act) which requires fairness and impartiality without discrimination on the basis of race, color, religion, national origin, sex or marital status, or receipt of income from public assistance programs in the extension of credit, and good faith exercises of any right under the Consumer Credit Protection Act (eg. the creditor must state reasons for denial of credit).

Equal Treatment/Different Impact

It is possible to be guilty of discrimination even by treating two individuals the same. If the results of the treatment are discriminatory, or tend to exclude or otherwise harm members of a minority group, or have discriminatory impact, they are against the law. For example, an apartment house which rents only to doctors and lawyers, where there are few, if any, minority doctors or lawyers in the area, may be a violation of the Fair Housing Laws.

equity

The difference in dollars between a house's value and the mortgage amount.

escalator clause

The clause in a contract permitting adjustments of the payments.

escheat

The reversion of property to the state in the event the owner thereof dies without leaving a will (intestate) and has no heirs to whom the property may pass by lawful descent.

escrow

A trust arrangement by which none or more parties deposit things of value with an authorized escrow agent in accordance with the terms of a real estate agreement.

escrow account

(1) A third party account that holds money safely while a sale is in progress.

(2) An account used to save monies required for the payment of an eventual debt.  Often used by lenders to save for property taxes, hazard insurance, homeowner's dues, etc.

Escrow accounts are typically non-interest bearing for the contributors, but may pay interest to the entity holding the account (lenders, title companies, lawyers, etc.).

estimate of value

An appraisal; the appraised value.

et ux

Abbreviation for "et uxor", meaning "and wife".
 

eviction

Removal of a tenant from rental property by a law enforcement officer. First, the landlord must file and win an eviction lawsuit, also known as an "unlawful detainer."

exception

As used in the conveyance of real estate, an exception is the exclusion of some part of the property conveyed, with title of that excepted part remaining with the grantor. For example, in most subdivision developments, mineral rights are not conveyed to the purchaser of a lot, but remain the property of the developer. Contrast with Reservation.

exclusive agency (EA)

A listing agreement which gives the listing agent the right to sell the property for a specified time. The owner reserves the right to sell the property himself without paying a commission to the agent. Brokers run the risk of investing their time, effort, and money in a listing that, even if sold through their marketing efforts, does not produce a commission. Contrast with Exclusive Right to Sell.

exclusive right to sell (ERS)

A listing agreement which gives the listing agent the right to sell the property for a specified time, with the right to collect a commission if the property is sold by anyone, including the owner, during the listing period. Contrast with Exclusive Agency.
 

exculpatory clause

A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by the landlord's actions. Most states have laws that void exculpatory clauses in rental agreements, which means that a court will not enforce them.
 

executor/executrix

The man/woman appointed in a will to carry out the requests of the will. Contrast with Administrator/Administratrix.

expropriation

See eminent domain.

Fair Housing Act & Fair Housing Amendments Act

Federal laws that prohibit housing discrimination on the basis of race or color, national origin, religion, sex, familial status or disability. The federal Acts apply to all aspects of the landlord/tenant relationship, from refusing to rent to members of certain groups to providing different services during tenancy.

Fair Housing Laws

Federal, state, and local laws, particularly Title VIII of the 1968 Civil Rights Act, Title VI of the Civil Rights Act of 1964, and the Civil Rights Act of 1866, which forbid discrimination because of race, sex, color, religion, or national origin, in the selling or renting of homes or apartments, and in other specified transactions. These laws have been recently been expanded to include familial status (having children) and disabilities (Americans with Disabilities Act).

 

Fannie Mae

Created by Congress in 1938 to bolster the housing industry during the Depression, Fannie Mae was originally part of the Federal Housing Administration (FHA) and authorized to buy only FHA-insured loans to replenish lenders' supply of money. In 1968, Fannie Mae became a private company operating with private capital on a self-sustaining basis.  Its role was expanded to buy mortgages beyond traditional government loan limits, reaching out to a broader cross-section of Americans.

 

Today, Fannie Mae operates under a congressional charter that directs it to channel its efforts into increasing the availability and affordability of homeownership for low-, moderate-, and middle-income Americans. Fannie Mae receives no government funding or backing, and is one of the nation's largest taxpayers as well as one of the most consistently profitable corporations in America.  Fannie Mae establishes strict guidelines for mortgage loans it is willing to purchase.  As the largest buyer of mortgage loans in the US, these guidelines have become the industry standard for the majority of home loans.  Any loan that meets these Fannie Mae guidelines is called a "conforming loan".

 

FDIC

Acronym - The Federal Deposit Insurance Corporation.

 

Federal Deposit Insurance Corporation (FDIC)

The Federal Deposit Insurance Corporation's mission is to maintain the stability of and public confidence in the nation's financial system. To achieve this goal, the FDIC has insured deposits and promoted safe and sound banking practices since 1933.  FDIC insurance is offered at almost every US bank and savings and loan. In general, the FDIC insures individual accounts in each financial institution for a maximum of $100,000.00 per account.  An individual or entity may only be insured for a total of $100,000.00 for all the accounts held in any one institution, or any of its branches.
 

Federal Emergency Management Agency (FEMA)

FEMA is the governmental unit that has leadership responsibilities for the Nation's emergency management system. Once the President has declared a major disaster, FEMA coordinates not only its own response activities but also those of as many as 28 other Federal agencies that may participate.  FEMA also works with States, territories, and communities during non-disaster periods to help plan for disasters, develop mitigation programs, and anticipate what will be needed when major disasters occur.  Among its many responsibilities the agency operates the Federal Insurance Administration, which makes flood insurance available to residents of communities that agree to adopt and enforce sound floodplain management practices.
 

Federal Home Loan Mortgage Corporation (FHLMC)

See Freddie Mac.

 

Federal Housing Administration

The Federal Housing Administration (FHA), a wholly owned government corporation, was established under the National Housing Act of 1934 to improve housing standards and conditions; to provide an adequate home financing system through insurance of mortgages; and to stabilize the mortgage market. FHA was consolidated into the newly established Department of Housing and Urban Development (HUD) in 1965. Since 1934, FHA has been extremely successful in achieving these goals.  FHA loans require special a appraisal/inspection that determine if a property meet the agency's minimum property standards.  While somewhat more expensive that a conventional loan in terms of interest rates and insurance fees, FHA loans offer slightly more liberal qualifying criteria.  The current maximum FHA loan amount in the Houston area, for a single-family home, is $139,650.00

fee simple estate

The most complete form of ownership of real property; absolute ownership. Commonly used to to denote a property where the owner has undivided title to the land on which the property is situated.

FHA

The Federal Housing Administration which insures mortgage loans made by approved lenders, in accordance with FHA regulations.

 

FHLMC

Acronym - Federal Home Loan Mortgage Corporation.  See Freddie Mac.

fiduciary

The relationship of trust, honesty and confidence between agent and principal; the faithful relationship owed by an agent to the principal.
 

finder's fee

A fee charged by real estate brokers and apartment-finding services in exchange for locating a rental property. These fees are permitted by law. Some landlords, however, charge finder's fees merely for renting a place. This type of charge is not legitimate and, in some areas, is specifically declared illegal.

first mortgage

A mortgage which is in first lien position, taking priority over all other liens (which are financial encumbrances).

fixed rate mortgage

A mortgage with an interest rate and monthly payment that doesn't vary for the term of the loan.

fixture

Personal property which has been attached to real estate so as to become part of the real property. The article must meet at least one of three conditions:

1. Attached in a permanent manner.

2. Specially adapted to the property. or

3. Intentionally made part of the real property.

Flood Control District

A special taxing district created to provide flood control in specific areas of a county.
 

flood insurance

A special and separate type of homeowner's insurance the provides coverage for damages resulting from flooding.  Flood insurance is required by most lenders only if the property is located within a designated flood plain.  The cost of the policy is related to the associated flooding risk.  If a property has a small section of land located within a flood plain, but away from the residential improvements (house), the lender will still require a policy, but its cost will be much lower.  Likewise, flood insurance policies for properties not located within any floodplain, are fairly inexpensive.

 

Most flood insurance is underwritten by the federal government through FEMA and the National Flood Insurance Program in cooperation with private insurance agencies.  More than 18,000 communities participate in the Federal flood insurance program. More than 3.8 million National Flood Insurance Program (NFIP) home and business policies are in effect.  The United States experiences flooding threats throughout all four seasons of the year and, in fact, flooding is the most common natural disaster. There are, on average, 1000 floods per year in the U.S.  Nearly everyone is at some risk of experiencing the effects of flooding.  In the Houston area, 25 percent of flood-insurance claims come from areas outside a designated flood plain.
 

flood plain

Flood plains are by definition subject to periodic flooding. They are generally characterized by relatively flat topography and soil types that were laid down during past inundations by flood waters.  If your property is in the 100-year flood plain, there is a 1-in-100 chance in any given year that your property will flood. If it is in the 25-year flood plain, there is a 1-in-25 chance in any given year that your property will flood. The statistical chance of flooding is not changed by any one flooding event; but repeated flooding may result in the flood plain being recalculated.

 

A 100-year flood plain is always wider than a 25-year flood plain, and the 25-year flood plain is contained within the 100-year flood plain. The flood prone areas of the United States cover approximately 150,000 square miles or 94 million acres of land, an area roughly the size of the State of Montana. People living in flood plains are 26 times more likely to experience a flooding disaster than they are a fire disaster during the life of the 30-year mortgage on their homes.

 

The changes in flood plain maps reflect changes in land use (such as increased building activity), changes in the waterways, and flood control improvements (such as detention ponds or other flood control measures).  As more lots are covered with more buildings and parking lots, the amount of water that flows into creeks and lakes increases because there is less vegetation to absorb the water when it rains. This is one reason why buildings that were not originally built in a flood plain are now in the 25-year or 100-year flood plain.

FNMA

Usually referred to as "Fannie Mae", the acronym stands for the Federal National Mortgage Association.

 

For Sale By Owner (FSBO)

An individual homeowner who is attempting to sell his property without a real estate broker.  The acronym, FSBO is pronounced "fizzbo."

foreclosure

A legal process instituted by a mortgagee or lien creditor after the debtor's default.
 

forfeiture

The loss of property or a privilege due to breaking a law. For example, a landlord may forfeit his or her property to the federal or state government if the landlord knows it is a drug-dealing site but fails to stop the illegal activity.  Likewise, a homeowner may lose his house to satisfy IRS debts or if the government suspects the home was bought with money derived from criminal acts.  The government may seize and sell the property at auction, often far below its fair market value, before the homeowner has been allowed the due process of a trial.  If the homeowner is found not guilty, the government is only required to pay back the amount received at auction, and not the market value.

fraud

A misstatement of a material fact made with intent to deceive or made with reckless disregard of the truth, and which actually does deceive.

 

Freddie Mac

Chartered by Congress in 1970, Freddie Mac is a publicly held corporation that purchases mortgages in the secondary mortgage market.  Freddie Mac came into being as the Federal Home Loan Mortgage Corporation (FHLMC) with the mission to create a continuous flow of funds to mortgage lenders.  By supplying lenders with the money to make mortgages and packaging the mortgages into marketable securities which are sold to investors, Freddie Mac also helps to sustain a stable mortgage credit system which in turn, reduces the mortgage rates paid by homebuyers.  Over the years, Freddie Mac has been responsible for opening the door to homeownership for one out of six home buyers in America who would not have qualified otherwise.

front foot

One linear foot (12 inches) along the street side of a lot.
 

FSBO

Acronym  - For Sale By Owner

functional obsolescence

Loss of value of real property caused by modernization or changing tastes or standards; e.g.. single bath, inadequate closet space, etc. Contrast with economic obsolescence.

garden home

See patio home

gated community

A neighborhood or group of neighborhoods, usually surrounded by masonary walls, restricting access through the use of a manned guard station or electronically operated gates.  The electronic gates may be opened through the use of individual remote controls and/or a numeric keypad and code.  Some gated communities restrict entry at all times, while others only limit access during the evening hours.  The City of Houston does not allow public city streets to be gated off, so only neighborhoods with private streets, may have restricted access.  The costs associated with maintaining a manned guard gate can significantly impact monthly maintenance fees, depending on the size of the community.

general lien

A lien that includes all the property owned by a debtor, rather than a specific property. Contrast with Specific Lien.

general warranty deed

A deed in which the grantor fully warrants good and clear title to the property. A general warranty deed offers the most protection of any deed.

 

Ginnie Mae

The common nickname for the Government National Mortgage Association.  Ginnie Mae was created in 1968 as a wholly owned corporation within the Department of Housing and Urban Development (HUD), having been separated from Fannie Mae.  Ginnie Mae does not loan money for mortgages. Instead, it operate in the secondary mortgage market, buying loans and selling mortgage-backed securities investors, which in turn, increases the availability of mortgage credit.

 

Government National Mortgage Association

See Ginnie Mae.

 

GNMA

Acronym - Government National Mortgage Association, also known as "Ginnie Mae"

good faith estimate

A written estimate of closing costs which a lender must provide you within three days of submitting an application.

government survey method

A system of land description which uses meridians (north and south lines) and base lines (east and west lines). Areas include quadrangles (24 miles on each side), townships (6 miles on each side), and sections (1 mile on each side). Also known as the Rectangular Survey Method. Contrast with metes and bounds, and recorded plat (Lot and Block Number) method.

grace period

A period of time during which a loan payment may be paid after its due date but not incur a late penalty. Such late payments may be reported on your credit report.

 

grant deed

A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as described in the deed. This is the most commonly used type of deed. Compare quitclaim deed.

grantee

A person to whom real estate is conveyed; the buyer.

grantor

A person conveying real estate by deed; the seller.

gross debt service

The amount of money needed to pay principal, interest and taxes, and sometimes energy costs. If the dwelling unit is a condominium, all or a portion of common fees are excluded, depending on what expenses are covered.

gross income

For qualifying purposes, the income of the borrower before taxes or expenses are deducted.

gross lease

A commercial real estate lease in which the tenant pays a fixed amount of rent per month or year, regardless of the landlord's operating costs, such as maintenance, taxes and insurance. A gross lease closely resembles the typical residential lease. The tenant may agree to a "gross lease with stops," meaning that the tenant will pitch in if the landlord's operating costs rise above a certain  level. In real estate lingo, the point when the tenant starts to contribute is called the "stop level," because that’s where the landlord’s share of the costs stops.  Contrast with Net Lease.

habendum clause

The "to have and hold" clause which defines or limits the quantity of the estate granted in the premises of the deed.

hazard insurance

A contract between purchaser and an insurer, to compensate the insured for loss of property due to hazards (fire, hail damage, etc.), for a premium.  Most common, lender required feature of homeowners insurance.

hereditaments

Property, personal and real, capable of being inherited.

 

high-rise

A nine-story or taller building containing residential apartments or condominium units.  In addition to spectacular views, most high-rises offer their residents a full range of amenities.  Building features may include 24-hour concierge service, swimming pools, spas, saunas, tennis courts, exercise areas, party rooms and guest suites.  Security is enhanced at these buildings by the manned entry desks and limited access, covered parking garages.  Compare with mid-rise.

highest and best use

The particular use of a real property which will produce the greatest financial return. The optimum use of a site as used in appraisal.  This is often determined by location, neighboring properties, deed restrictions and local zoning regulations.  A home built on a busy street, surrounded by commercial property, and not restricted from other development, is not fulfilling its highest and best use.  Once the property is redeveloped into commercial property, it can meet it economic potential.

 

HOA

Acronym -  homeowner's association
 

hold harmless

In a contract, a promise by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the first party. For example, many leases include a hold harmless clause in which the tenant agrees not to sue the landlord if the tenant is injured due to the landlord’s failure to maintain the premises. In most states, these clauses are illegal in residential tenancies, but may be upheld in commercial settings.

home equity loan

A fixed or adjustable rate loan obtained for a variety of purposes, secured by the equity in your home. Interest paid is usually tax-deductible. Often used for home improvement or freeing of equity for investment in other real estate or investment. Recommended by many to replace or substitute for consumer loans whose interest is not tax-deductible, such as auto or boat loans, credit card debt, medical debt, and education loans. 

 

home warranty

A service contract that covers a major housing system--for example, plumbing or electrical wiring--for a set period of time from the date a house is sold. The warranty guarantees repairs to the covered system and is renewable.  A basic, one year Buyer's warranty costs $295 to $350 with additional coverage available for garage door openers, spas, swimming pools, sprinkler system and other appliances.

 

homeowners' association (HOA)

An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as maintaining common land and recreation areas, and collecting dues from residents. The homeowners' association is also responsible for enforcing any covenants, conditions & restrictions that apply to the property.  Payment of dues and participation in the homeowner's association may be either voluntary or mandatory, depending on the neighborhood.
 

homeowners' insurance

A type of insurance policy designed to protect homeowners from financial losses related the ownership of real property.  In addition to covering losses due to vandalism, fire, hail, etc.(hazard insurance), most policies also provide theft and liability coverage.  Flood related damage requires a separate flood insurance policy or rider.

homestead

(1) The house in which a family lives, plus any adjoining land and other buildings on that land.

(2) Land, and the improvements thereon, designated by the owner as his homestead and, therefore, protected by state law from forced sale by certain creditors of the owner.  Homestead protection will not stop foreclosures for deliquent mortgages, taxes or mandatory homeowner's association dues.

(3) Land acquired out of the public lands of the United States. The term "homesteaders" refers to people who got their land by settling it and making it productive, rather than purchasing it outright.

 

house closing

The final transfer of the ownership of a house from the seller to the buyer, which occurs after both have met all the terms of their contract and the deed has been recorded.  Also known as just "closing".
 

Housing and Urban Development, Deparment of (HUD)

The U.S. Department of Housing and Urban Development. This is the agency responsible for enforcing the federal Fair Housing Act.
 

HUD

Acronym - Housing and Urban Development.

implied warranty of habitability

A legal doctrine that requires landlords to offer and maintain livable premises for their tenants. If a landlord fails to provide habitable housing, tenants in most states may legally withhold rent or take other measures, including hiring someone to fix the problem or moving out. See constructive eviction.

improvements

Valuable additions to the land, such as buildings, fences, roads, etc., which increase the value of the property.

incidents of ownership

Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to receive rent--then legally, no gift has been made. This distinction can be important if you're making large gifts to reduce your eventual estate tax.

income approach to value

An estimate of value based on the monetary returns that a property can be expected to generate; capitalization. Contrast with the cost approach to value and the market data approach to value.

index

A number, usually a percentage, upon which future interest rates for adjustable rate mortgages are based.

ingress

An entrance, or the act of entering. Compare egress.

inspection clause

A stipulation in an offer to purchase that makes the sale contingent on the findings of a home inspector.

insurable title

A title which a title company will insure.

interest

(1) The sum paid in return for the use of money; could be considered rent for the use of money.

(2) The type and extent of ownership in property.

interest rate

The periodic charge, expressed as a percentage, for use of credit.

intestate

Legal designation of a person who has died without leaving a valid will.

intimidation

As defined in the fair housing laws, it is the illegal act of coercing, intimidating, threatening, or interfering with a person in exercising or enjoying any right granted or protected by federal, state or local fair housing laws.

invitee

A business guest, or someone who enters property held open to members of the public, such as a visitor to a museum. Property owners must protect invitees from dangers on the property. In an example of the perversion of legalese, social guests that you invite into your home are called "licensees."

joint tenancy

A way for two or more people to share ownership of real estate or other property. When two or more people own property as joint tenants and one owner dies, the other owners automatically own the deceased owner's share. For example, if a parent and child own a house as joint tenants and the parent dies, the child automatically becomes full owner. Because of this right of survivorship, no will is required to transfer the property; it goes directly to the surviving joint  tenants without the delay and costs of probate. Contrast with tenancy in common.

judgment

The official and authentic decision of a court of justice concerning the respective rights and claims of the parties to an action or suit.

laches

Delay or negligence in asserting one's rights.

landlord

The owner of any real estate, such as a house, apartment building or land, that is leased or rented to another person, called the tenant.

latent defect

Hidden structural defects and flaws.

lease

An oral or written agreement (a contract) between two people concerning the use by one of the property of the other. A person can lease real estate (such as an apartment or business property) or personal property (such as a car or a boat). A lease should cover basic issues such as when the lease will begin and end, the rent or other costs, how payments should be made, and any restrictions on the use of the property. The property owner is often called the "lessor," and the person using the property is called the "lessee."

lease option

A contract in which an owner leases his house (usually for one to five years) to a tenant for a specific monthly rent, and which gives the tenant the right to buy the house at the end of the lease period for a price established in advance. This allows a potential home buyer move into a house he may wish to eventually buy without having to come up with a down payment or financing at that time.

lease purchase

A contract in which an owner leases his house (usually for one to five years) to a tenant for an increased monthly rent, and which gives the tenant the right to buy the house at the end of the lease period for a price established in advance, with the incremental rent increase being used to form a down payment.  Buyers should be wary of this type of contract since they may lose their extra rent/down payment money should the owner suffer financial setbacks before the purchase has been completed.

 

leasehold estate

A form of real estate in which a tenant is allowed to construct permanent structures upon a parcel of leased land, and derive some use or income from said structures during the period of the lease.  Leasehold estates usually involve long-term leases, ranging from 20 to 99 years.  Land owners are able to have their property developed, with no out of pocket expenses.  Instead of having to sell their land too soon, they retain their family's rights to the land, while receiving a steady income stream.  The tenant saves the initial land acquisation costs and may gain access to property that would be otherwise unavailable.  The downside is, as the lease nears the end or its term, the tenant's investment becomes uncertain, and the landlord is in a position to make demands for compensation, above the fair market price.  Leaseholds are much more common in commercial real estate, but can apply to some residential properties as well.  Hawaii has many leasehold condominium projects, and even Houston has at least one mid-rise condominium building that lacks ownership of the land it occupies.

legal description

A description of a specific parcel of real estate which is acceptable to the courts in that state, and which will allows an independent surveyor to locate and identify it. Usually it uses one of the following methods; government survey, metes and bounds, or recorded plat (lot and block number).

less favorable treatment

Any time a person is treated differently on the basis of race, sex, religion, color, familial status, disability, or national origin, either by action or inaction, in the selling or leasing of real property, it is a violation of the Fair Housing Laws.  Also known as unequal treatment or different treatment.

lessee

Tenant leasing property.

lessor

One who leases property to a tenant.

leverage

The use of borrowed funds to finance an investment and to magnify the rate of return.

 

Levy Improvement District (LID)

A type of Water Control and Improvement District, used to build and maintain levies.  Levies are used to contain flooding creeks and rivers.

licensee

A person licensed by the Real Estate Commission to engage in real estate brokerage, either as a broker or as a salesman.

LID

Acronym - Levy Improvement District.

lien

A monetary claim against a property. These should be settled before the sale is finalized.

lien theory state

A state, where legal title of mortgaged property resides with the mortgagor (borrower), with the mortgage as a lien against the property. Contrast with title theory state.

life estate

An interest in property only for the duration of someone's life.

life tenant

One who has a life estate in real property.

limited equity housing

An arrangement designed to encourage low-and moderate-income families to purchase housing, in which the housing is offered at an extremely favorable price with a low down payment. The catch is that when the owner sells, she gets none of the profit if the market value of the unit has gone up. Any profit returns to the organization that built the home, which then resells the unit at an affordable price.

lis pendens

A notice indicating that legal action is pending on a property.

listing agreement

The legal agreement between the listing agent/broker and the vendor, setting out the services to be rendered, describing the property for sale, and stating the terms of payment.

 

loan-to-value ratio (LTV)

The ratio of the amount being loaned in respect to the appraised value of the property, usually expressed as a percentage.  If a buyer was putting down $20,000, and borrowing a first lien of $180,000, on a $200,000 property, then the loan would have a 90% LTV.  Loan-to-value ratios can effect interest rates, loan qualifying criteria, and lender requirements for PMI and escrow accounts.

lock or lock In

A commitment you obtain from a lender assuring you a particular interest rate or feature or a definite time period. Provides protection should interest rates rise between the time you apply for a loan, acquire loan approval, and, subsequently, close the loan and receive the funds you have borrowed.

 

loft

(1) A style of residential construction. In Houston the term "loft" is used quite liberally.  It may refer to an older building that has been converted into residential condominiums, or it may mean a new mid-rise project with a "loft-style" finish to the units.  There are also new construction townhomes that are promoted as being "lofts".  A builder creates new loft space by leaving exposed brick walls, bare polished concrete floors and having unhidden heating ducts, trusses, etc.

(2) An upstairs room or area that has an open wall, overlooking a room or area below.

 

LTV

See loan-to-value ratio.

manufactured home

A structure built in a factory, that is later shipped to, and placed on, the homesite.  The term can apply to both mobile homes and pre-fab homes.

margin

An amount, usually a percentage, which is added to the index to determine the interest rate for adjustable rate mortgages.

marginal land

Property which is barely profitable to use.

market approach to value

An estimate of value based on the actual sales prices of comparable properties. Contrast with cost approach to value and income approach to value.

market value

The price that a willing buyer and a willing seller, both given full information, and neither under pressure to act, would agree upon. Also known as Fair Market Value.

 

master-planned community

A large scale, mixed use, real estate development that follows a long term, comprehensive plan.  Master-planned communities typically blend different price ranges of residential neighborhoods with some commercial properties designed to serve the residents' needs.  Residential properties may include patio homes, townhouses, condominiums and apartment complexes in addition to neighborhoods of single-family homes.  Likewise, multiple home builders are included in the construction of the various neighborhoods.  Commercial development can consist of retail strip centers ans shopping malls, restaurants, entertainment venues and office buildings.

 

In addition, master-planned communities usually offer amenities such as public recreation areas and parks, neighborhood schools and extensive landscaping.  Recreation areas may include public swimming pools, tennis courts, children's play grounds and sports fields.  Many offer large water features and public or private golf courses.

The term "master-planned" has become somewhat of an overused buzzword in the current market place.  True master-planned communities require a a multi-year commitment from the developer and contain thousands of homes.

MCE

See mandatory continuing education.

mechanic's lien

A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Typical lien claimants are general contractors, subcontractors and suppliers of building materials. A mechanics' lien claimant can sue to have the real estate sold at auction and recover the debt from the proceeds. Because property with a lien on it cannot be easily sold until the lien is satisfied (paid off), owners have a great incentive to pay their bills.

mediation

A dispute resolution method designed to help warring parties resolve their own dispute without going to court. In mediation, a neutral third party (the mediator) meets with the opposing sides to help them find a mutually satisfactory solution. Unlike a judge in her courtroom or an arbitrator conducting a binding arbitration, the mediator has no power to impose a solution. No formal rules of evidence or procedure control mediation; the mediator and the parties usually agree on their own informal ways to proceed.

metes and bounds

A system of land description using distance (metes) and angles/compass directions (bounds), beginning and ending at the same point. Contrast with government survey and recorded plat method.

mid-rise

A 4-story to 8-story tall building that contains residential apartment or condominium units.  While not offering the panoramic views of a high-rise, mid-rise buildings can offer comparable levels of amenities and services.  Building features may include 24-hour concierge service, swimming pools, spas, saunas, tennis courts, exercise areas, and party rooms.  Security is enhanced at these buildings by the manned entry desks and limited access, covered parking garages.

mineral rights

An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral rights is usually entitled to either take the minerals from the land himself or receive a royalty from the party that actually extracts the minerals.

minimum payment

The minimum amount that you must pay, usually monthly, on a home equity loan or line of credit. In some plans, the minimum payment may be "interest only," (simple interest). In other plans, the minimum payment may include principal and interest (amortized).

minority

As defined in the Civil Rights Act of 1968 as part of the Fair Housing Laws "'minority' means any group, or any member of a group, that can be identified either: (1) by race, color, religion, sex, disability, or national origin; or (2) by any other characteristic (such as familial status) on the basis of which discrimination is prohibited by a federal, state, or local fair housing law.

misrepresentation

A false statement, or concealment, of material fact with the intention of inducing action of another.

mobile home

A type of manufactured home, that is transported to the home site using wheels attached to the structure.  Mobile homes come in various widths and lengths, and maybe composed of one to three pieces.  A one piece home is called a "single-wide", while a house that is joined together from two halves is called a "double-wide".  Recently, "triple-wides" have appeared, and become as the largest mobile homes available.  Most sections are between 14 and 16 feet wide, and 54 to 80 feet in length.  Mobile homes do not require any foundation or substructure.  They sit up off the ground, with skirting used around the base to hide the wheel and jacks.  While it is possible to tie down a mobile home to a piece of land, using straps and screw-in anchors, the structures are very susceptible to high winds and tornados.

month-to-month tenancy

A rental agreement that provides for a one-month tenancy that is automatically renewed each month unless either tenant or landlord gives the other the proper amount of written notice (usually 30 days) to terminate the agreement. Some landlords prefer to use month-to-month tenancies because it gives them the right to raise the rent after giving proper notice. This type of rental also provides a landlord with an easy way to get rid of troublesome tenants, because in most states month-to-month tenancies can be terminated for any reason.  It is also common for leases to revert to month-to-month tenancies at the end of the original lease period, if another lease has not been signed.

monument

A fixed object or point, either natural or man-made, used in making a survey.

mortgage

A contract providing security for the repayment of a loan, registered against property, with stated rights and remedies in the event of default. Lenders consider both the property (security) and financial worth of the borrower (covenant) in deciding on a mortgage loan.

mortgage banker

Originates mortgage loans, loaning you their funds and closing the loan in their name.

mortgage broker

A person or company having contacts with financial institutions or individuals wishing to invest in mortgages.

mortgage loan

A loan which utilizes real estate as security or collateral to provide for repayment should you default on the terms of your loan. The mortgage or deed of trust is your agreement to pledge your home or other real estate as security.

mortgagee

The lender in a mortgage loan transaction.

mortgagor

The borrower in a mortgage loan transaction.

MUD

See Municipal Utility District.

Multiple Listing Service (MLS)

A system by which a number of real estate firms share information about homes that are for sale.  Membership usually provides a monthly book and/or computer service that provides Realtors^® with detailed listings of most homes currently on the market.

negative amortization

Amortization in which the payment made is insufficient to fund complete repayment of the loan at its termination. Usually occurs when the increase in the monthly payment is limited by a ceiling. The portion of the payment which should be paid is added to the remaining balance owed. The balance owed may increase, rather than decrease over the life of the loan.

net lease

A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord’s operating costs as well. When all three of the usual costs--taxes, maintenance and insurance--are passed on, the arrangement is known as a "triple net lease." Because these costs are variable and almost never decrease, a net lease favors the landlord.  Accordingly, it may be possible for a tenant to bargain for a net lease with caps or ceilings, which limits the amount of rent the tenant must pay. For example, a net lease with caps may specify that an increase in taxes beyond a certain point (or any new taxes) will be paid by the landlord. The same kind of protection can be designed to cover increased insurance premiums and maintenance expenses.  Contrast with gross lease.

net listing

A price, which must be expressly agreed upon, below which the owner will not sell the property and at which the broker will not receive a commission; the broker receives the excess over and above the net listing price as commission. The broker in this type of listing will have a very hard time maintaining his fiduciary responsibilities to his seller since his interests are potentially at odds with the interests of the seller.

non-escrowing loan

Typically, mortgage lenders require escrow accounts for property taxes, hazard insurance, and sometimes, homeowner's association dues.  Monthly contributions to these accounts are rolled into a lender's mortgage payment.  Escrow accounts are non-interest bearing, so many borrowers prefer the option of keeping the monies for their hazard insurance and property taxes in their own interest bearing accounts, until they become due.  Most lenders only allow non-escrowing loans on mortgages with an 80% or lower, loan-to-value ratio.

Property taxes can be paid as late as January 31st of the following year before interest and penalties begin to accrue.  If the borrower has the discipline to save the monies for taxes and insurance independently, a non-escrowing loan would be the smart choice.  Most lenders charge a one-time fee at closing for selecting the non-escrow option.  Non-escrowing loans also have lower closing costs since the lender does not collect reserves, which place a 2-3 month cushion of pro-rated payments in the escrow account.  Additionally, the seller's pro-rated share of the year's property taxes is applied directly to the buyer's closing costs, instead of being placed into the escrow account.

note

A written instrument of credit attesting to a debt and promise to pay.
 

nuisance

Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, everything from a chemical plant's noxious odors to a neighbor's dog barking. The former would be a "public nuisance," one affecting many people, while the other would be a "private nuisance," limited to making your life difficult, unless the dog was bothering others. Lawsuits may be brought to abate (remove or reduce) a nuisance. See quiet enjoyment, attractive nuisance.

obsolescence

A loss in value of real property caused by changes either internal or external to the property. See economic obsolescence, functional obsolescence, and physical deterioration.

offer

A proposal to enter into an agreement with another person. An offer must express the intent of the person making the offer to form a contract, must contain some essential terms--including the price and subject matter of the contract--and must be communicated by the person making the offer. A legally valid acceptance of the offer will create a binding contract.

open house

An opportunity for prospective buyers to view a house in a low pressure environment.

open listing

A listing under which the principal (owner) reserves the right to list his property with other brokers.

option

The right to purchase property within a definite time at a specified price. There is no obligation to purchase, but the seller is obligated to sell if the option holder exercise the right to purchase. For the option to be valid, it must include consideration.

option fee

An amount of money payed by a prospective Buyer, to a Seller, in order to obtain an option period, as specified in Paragraph 7 of a TREC promulagated earnest money contract.  If a Buyer decides to close on the property, the option fee may be credited to his funds at closing.

ordinance

A law adopted by a town or city council, county board of supervisors or other municipal governing board. Typically, local governments issue ordinances establishing zoning and parking rules and regulating noise, garbage removal, and the operation of parks and other areas that affect people who live or do business within the locality's borders.

origination fee

A fee charged by lenders, in addition to interest, for services in connection with granting of a loan. Usually a percentage of the loan amount.

panic peddling

The illegal practice of inducing panic selling in a neighborhood by making representations of the entry, or prospective entry, of members of a minority group; blockbusting. See Fair Housing.

party wall

Wall erected on line between adjoining properties for the use of both properties.
 

patio home

A single-family home that sits on a small lot, often with one outside wall of the structure sitting on the property line.  Patio homes have no common structural walls with adjoining propeties, but their zero lot line wall may form part of their neighbors backyard fence/wall.  These properties often have a small back or side yard large enough for a patio or garden area.  Also known as a garden home.

percentage lease

Lease in which all or part of rental is a specified percentage of gross income from total sales made upon the premises.

person

An individual, a partnership, or a corporation, foreign or domestic.

personal property

Property which is tangible, movable, and not fixed to the land. Also called chattel and personalty. Contrast with real property.

personalty

Personal property; chattel. Contrast with Realty.

physical deterioration

The loss of value to real property from all causes due to the action of the elements and old age. Physical deterioration can be either curable or incurable.

PITI

Principal, Interest, Taxes and Insurance.

planned unit development (PUD)

In a PUD, the planned unit development association owns and maintains property in a real property development project for the benefit of its members, who are owners of individual parcels of real property in the development and are members of the association because of that ownership.  The level of services and fees are similar to a condominium complex, but since each owner has title to a specific parcel of land, lenders may treat units as non-condominiums.  This allows higher LTV loans and eliminates owner occupancy percentage requirements.

plat book

A record of recorded subdivisions of land.

PMI

Acronym -  private mortgage insurance.

points

Fees paid to induce lenders to make mortgage loans at a particular interest rate. Each point is equal to one percent (1%) of the loan principal. Same as discount points.

police power

The authority of a government to adopt and enforce law governing the use of real estate based on the need to promote public safety, health, and general welfare.

power of attorney (POA)

A written authorization by a person to another person to act for him on his behalf.

prepayment

Paying off all or part of the mortgage before the scheduled date.

prepayment clause in a mortgage

Statement of the terms upon which the mortgagor (borrower) may pay the entire or stated amount on the mortgage principal at some time prior to the due date.

prepayment penalty

A fee paid to the lending institution for paying a loan prior to the scheduled maturity date.

primary mortgage market

Lenders who originate loans and makes funds available directly to the borrowers. Contrast with secondary mortgage market.

prime rate

The interest, or discount rate charged by a commercial bank to its largest and strongest customers.

principal

The amount of money owed to the lender not including interest.

principle of conformity

An appraisal principle which holds that the maximum value is realized when a reasonable degree of homogeneity (sameness) exists in a neighborhood.

private mortgage insurance (PMI)

Default insurance on conventional loans, normally insuring the top 20%-25% of the loan and not the whole loan.

 

property taxes

Taxes that are paid yearly on real property.  Property taxes are ad valorem, based on the assessed value of the real property. 
 

pro-rate

To divide or distribute proportionally. At closing, various expenses such as taxes, insurance, interest, rents, etc. are prorated between the seller and buyer.

Public Utility District (PUD)

A water district, created by a city or county, promoting development of a designated area by providing water and sewer services.  The PUD operates in the same manner as a Municipal Utility District, but is created by a local government, not a private developer.

PUD

Acronym - planned unit development.

Acronym - Public Utility District.

puffing

Non-factual or extravagant statements and opinions made to enhance the perceived desirability of a property. The is a fine line between legal puffing and illegal misrepresentation, and puffing is best avoided. An example of puffing would be, "This home has the best view in the city". Also known as puffery.

purchase offer

A document that lists the price, terms and conditions under which a buyer is willing to purchase a property.

qualify

To meet a mortgage lender's approval requirements.

qualifying ratios

Comparisons of a borrower's debts and gross monthly income.

quiet enjoyment

The right of a property owner or tenant to enjoy his or her property without interference.  Disruption of quiet enjoyment may constitute a nuisance. Leases and rental agreements often contain a "covenant of quiet enjoyment," expressly obligating the landlord to see that tenants have the opportunity to live undisturbed.
 

quitclaim deed

A deed that transfers whatever ownership interest the transferor has in a particular property.  The deed does not guarantee anything about what is being transferred, including an actual ownership interest.  For example, a divorcing husband may quitclaim his interest in certain real estate to his ex-wife, officially giving up any legal interest in the property.  A quit claim deed may also be used to clear up a cloud on the title to the property in cases where there is a question of a possible ownership claim.  Compare with grant deed.

ready, willing and able

A buyer who is prepared to buy on the seller's terms and has the financial capacity to do so.

real estate

Refers to land and improvements and the rights to own or use them. "A leasehold, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold, or non-freehold, and whether the real estate is situated in this state or elsewhere." {TRELA, Section 2(1)} In popular usage, Real Estate is used interchangeably with real property and realty.

real estate board

A non profit organization representing local real estate agents/brokers and salespeople, which provides services to its members and maintains and operates the Multiple Listing Service in the community.

real estate agent

A person licensed to negotiate and transact the sale of real estate on behalf of the property owner.

real property

Refers to the right to own land and improvements. Commonly used interchangeably with Real Estate and Realty. Contrast with personal property.

REALTOR^®

A real estate broker or an associate who holds active membership in a local real estate board that is affiliated with the NATIONAL ASSOCIATION OF REALTORS®.

realty

Refers to land and buildings and other improvements from a physical standpoint. Real Estate and Real Property tend to be used interchangeably with Realty in everyday usage. Contrast with personalty.

receiver

Court-appointed custodian who holds property for the court, pending final disposition of the matter before the court.

recorded plat

A subdivision map filed with the county recorder's office that shows the location and boundaries (lot and block number) of individual parcels of land. Contrast with government survey method and metes and bounds.

recording

The act of entering in the public records, the written record of title to real property, thereby giving constructive notice to the public.

redlining

The illegal practice of refusing to originate mortgage loans, or limiting their number, in certain neighborhoods on the basis of racial or ethnic composition. See Fair Housing.

refinancing

To apply for a new mortgage in order to gain better terms, usually either a lower interest rate or a different principal amount.

Regulation 'Z'

Truth in lending law developed by the Federal Reserve System which requires lenders to provide full disclosure of the terms of the loan, including interest rates expressed as an annual percentage rate (APR).

RELA

Real Estate License Act.

release

To relinquish an interest or claim to a piece of property.

remainder

The future interest in an estate which takes effect after the termination of another estate, such as a life estate; what is left at the termination of a life estate.

rent control

Laws that limit the amount of rent landlords may charge, and that state when and by how much the rent can be raised. Most rent control laws also require a landlord to provide a good reason, such as repeatedly late rent, for evicting a tenant. Rent control exists in some cities and counties in California, Maryland, New Jersey, New York and Washington, D.C.

reserves

Amounts of money set aside by a mortgage company to assure payment of property taxes, homeowners' association dues, and insurance premiums.  The money is kept in an escrow account

reservation

A right reserved by a grantor in the sale or lease of a property. In a sale, the title of all property passes to the grantee, but the use may be reserved for the grantor. Contrast with exception.

RESPA

Real Estate Settlement Procedures Act is a federal law which deals with the procedures to be followed in a real estate closing, and is intended to make borrowers more knowledgeable about possible costs and charges.

restrictions

Limitations on the use or occupancy of real estate contained in a deed or in local ordinances pertaining to land use.

right of survivorship

The right of a surviving joint tenant to take ownership of a deceased joint tenant's share of the property. See joint tenancy.

riparian owner

One who owns land bounding upon a river or water course (stream, creek, bayou, etc.).
 

running with the land

A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public beach access path across waterfront property would most likely pass from one owner of the property to the next.
 

Rural Fire Prevention District (RFPD)

A special taxing district created to provide rural residents with fire-fighting, fire prevention and other emergency services.

sales contract

A written agreement stating the terms of the sale agreed to by both buyer and seller. TREC promulgated standard contracts must be used by all licensees, with certain limited exceptions. See earnest money contract.

Salesperson Annual Education (SAE)

A real estate salesperson is required to complete a total of 18 semester (270 classroom) hours of education by the end of their third year of licensure.  All active and inactive salespersons, who are under the SAE requirement, must show evidence of having completed a minimum of 30 hours in core or related real estate education each year or until a total of 270 classroom hours have been completed. At least 180 hours of the 270 must be in core real estate.  Therefore the other 90 hours may be in related. Evidence of successful completion must be received on or before the renewal filing deadline. If this documentation is not received on time, the license will expire.

SAE

Acronym -  Salesperson Annual Education

secondary mortgage market

Buying and selling of existing mortgage loans, designed to provide additional liquidity for lenders. Contrast with primary mortgage market.  Also see Fannie Mae, Freddie Mac and Ginnie Mae.

security deposit

A payment required by a landlord to ensure that a tenant pays rent on time and keeps the rental unit in good condition. If the tenant damages the property or leaves owing rent, the landlord can use the security deposit to cover what the tenant owes.

security interest

An interest that a lender takes in the borrower's property to assure repayment of a debt.

self amortized loan

A loan which will retire the debt by systematic payments of principal and interest, so that at the end of the loan period, the balance will be zero.

servicing a loan

The ongoing process of collecting your monthly mortgage payment, including accounting for and payment of your yearly tax and/or homeowners insurance bills.

servient tenement

Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would be a servient tenement.

setback

The distance a building must be set back from the property lines in accordance with local zoning ordinances or deed restrictions.

shared equity mortgage

A home loan in which the lender gets a share of the equity of the home in exchange for providing a portion of the down payment. When the home is later sold, the lender is entitled to a portion of the proceeds.

short sale (of house)

A sale of a house in which the proceeds fall short of what the owner still owes on the mortgage.  Many lenders will agree to accept the proceeds of a short sale and forgive the rest of what is owed on the mortgage when the owner cannot make the mortgage payments. By accepting a short sale, the lender can avoid a lengthy and costly foreclosure, and the owner is able to pay off the loan for less than what he owes. See also deed in lieu (or foreclosure).

simple interest

Interest computed only on the principal balance. Contrast with compound interest.

single-family home

A free-standing, residential structure, designed to accomodate one family.  Single-family homes include traditional houses, as well as patio homes.

special warranty deed

A warranty deed which, instead of warranting the title from sovereignty of the soil to the last grantee, merely warrants the title against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through or under the grantor.

specific lien

A claim that only applies to or affects a certain property or group of properties. Contrast with general lien.

specific performance

Carrying out of the precise terms agreed upon in a contract. Also see suit for specific performance.

spite fence

An unsightly fence erected for no other purpose than to irritate a neighbor. Such a fence may be illegal under local fence height and appearance regulations or state laws that specifically bar spite fences. Even if it doesn't violate regulation or laws, the fence may still be illegal if it was built with malicious intent.

Statute of Frauds

The law which requires among other things, that all contracts transferring real estate, or for the leasing of property for over one year, must be in writing to be enforceable.

statutory year

A year composed of twelve months, each with thirty (30) days, for a total of 360 days in a statutory year. Also known as a banker's year. Contrast with calendar year.

steering

The illegal practice of directing members of minority groups to, or away from, certain areas or neighborhoods; channeling. See Fair Housing.

subject to mortgage

The buyer of an already mortgaged property makes the payments, but does not take personal responsibility for the loan. Should the mortgage be foreclosed and the property sold for a lesser amount than is owed, the grantee-buyer is not personally liable for the deficiency, but the grantor-seller is. Contrast with assumption of mortgage.

sublease

A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The sublessee pays rent directly to the tenant.  The tenant is still completely responsible to the landlord for the rent and for any damage, including that caused by the sublessee. Most landlords prohibit subleases unless they have given prior written consent. Compare with assignment.

subpoena

A legal process ordering a witness to appear and give testimony or to present documents under penalty of law. TREC has subpoena powers.

substitution, principle of

The principle which states that a buyer will pay no more for a property than the cost of an equally desirable alternative property.

succession

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state’s intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.

suit for specific performance

A legal action brought by either a buyer or a seller to enforce performance of the terms of a contract.

taking

See eminent domain.

tenancy by the entirety

A special kind of property ownership that's only for married couples. Both spouses have the right to enjoy the entire property, and when one spouse dies, the surviving spouse gets title to the property (called a right of survivorship). It is similar to joint tenancy, but it is available in only about half the states.

tenancy in common

A type of ownership in which two or more people have an undivided interest in property, without the right of survivorship. Upon death of one of the owners, his/her interest passes to his/her heirs or devises. Contrast with joint tenancy.

tenant

Anyone, including a corporation, who rents real property, with or without a house or structure, from the owner (called the landlord). The tenant may also be called the "lessee."

tenants in common

See tenancy in common.

tenement

Everything that may be occupied under a lease by a tenant.

term

The actual life of a mortgage, at the end of which the mortgage becomes due and payable unless the lender renews the mortgage.

time is of the essence

A clause, which if included in a contract, makes failure to perform by a specified date a material breach or violation of the contract.

timeshare

An arrangement under which a purchaser receives an interest in real property and the right to use an accommodation or amenities, or both, for a specified period and on a recurring basis. Used primarily for selling vacation properties.

title

The right of ownership of a property.

title company

A company that provides title insurance policies.  Title companies also act as escrow agents, conduct title searches and hold closings.

title insurance

Protection for lenders or homeowners against financial loss resulting from legal defects in the title.

title search

Checks all the records relating to the property to determine whether the seller can sell the property, and can do so free of liens.

torrens system

A system of land registration in which clear title is established with a governmental authority, which issues title certificates to owners.

townhouse

A dwelling unit usually with two,three or four floors, and shared structural walls. It can be individually owned, a condominium, a cooperative, a planned unit development or a rental property.

transaction fee

A fee which may be charged each time you draw on a home equity credit line.

triple net lease

See net lease.

trust deed

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee--often a title company--who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.  It is more commonly referred to as a deed of trust.

trustee

One who as agent for others handles money or holds title to their land.

underwriting

The process of verifying data and approving a loan.

unlawful detainer

An eviction lawsuit.

usufruct

The right to use property--or income from property--that is owned by another.

usury

Charging more than the rate of interest allowed by law.

VA

The Veterans Administration, a federal agency which guarantees loans made to qualified veterans on approved property.

variable rate

An interest rate that changes periodically in relation to an index. Payments may increase or decrease accordingly.

variance

An exception to a zoning ordinance, usually granted by a local government. For example, if you own an oddly shaped lot that could not accommodate a home in accordance with your city's setback requirement, you could apply at the appropriate office for a variance allowing you to build closer to a boundary line.

vendee

Purchaser.

vendor

Seller.

view ordinance

A law adopted by some cities or towns with desirable vistas--such as those in the mountains or overlooking the ocean--that protects a property owner from having his or her view obstructed by growing trees. View ordinances don't cover buildings or other structures that may block views.
 

village acre

A lot size used in the Houston area to denote a 40,000 square foot parcel.  In the Memorial Villages of Bunker Hill, Hedwig, Hillshire, Hunter's Creek, Piney Point and Spring Valley, lot sizes are often expressed in village acres or a fractions of village acres.  The term was coined by developers who successfully lobbied for slighty smaller, minimum lot size requirements, in the cities' zoning regulations.
 

virtual home tour

Any method used to provide internet users with a graphical presentation of a home, or homes.  Presentations may include web pages, java applets, streaming video, panoramic images and bubble views.

void

Having no legal force or effect; legally invalid.

voidable

A contract which appears valid and enforceable on the surface, but may be declared invalid by one of the parties, such as a contract entered into by a minor.

waiver

The intentional or voluntary relinquishment of a known claim or right.
 

walk through

(1) A Buyer's on-site inspection of the property being purchased,  just prior to closing.

(2) A detailed inspection of a new construction home, in which punch list and cosmetic items are addressed, prior to final acceptance.

warranty deed

A  type of deed that contains express assurances about the legal validity of the title being transferred.  See general warranty deed andspecial warranty deed.

writ of execution

A court order which authorizes and directs the proper officer of the court (usually the sheriff) to carry into effect the judgment or decree of the court.

zero lot line

A term generally used to describe the positioning of a structure on a lot so that one side rests directly on the lot's boundary line (no set back).  Where allowed by zoning and/or deed restrictions, it is used for "patio homes".

zoning

Exercise of police power of city in regulating and controlling the character or use of property. Zoning laws divide cities into different areas according to use, from single-family residences to industrial plants. Zoning ordinances control the size, location, and use of buildings within these different areas.  Houston is the largest city in the U.S. without zoning. Most of the other cities and villages within the Houston Metropolitan Area do have zoning regulations.