6/27/2012
Barclay's SHAME
Causes of the foreclosures and the meltdown:
fraud
Will lawsuits follow from consumers against Barclays?
Barclays Chief Executive Bob Diamond ought to be terminated and refund to every homeowner who were fraudlently overcharged based on his and senior executives price fixing on an index that controls interest rates on mortgages on about 90% of all American Adjustable rate loans. (Five Year Seven Year and Ten Year Mortgage rates were manipulated falsely/ increased by this scam.)
Barclays' Bank particular submissions to LIBOR - THE rate compiled daily through a panel of banks quoting the rate at which each bank estimates what they can borrow from one another, in various currencies - were much higher than many competitors.
I would love to read the internal emails and instructional power points that FSA, CFTC were able to view. This certainly is only the tip of the iceberg. Shame on you Bob Diamond
Glossary REAL ESTATE Terms Letter C
Capital Assets
Assets of a permanent nature used in the production of
income, such as land, buildings, machinery. Under income tax law they are
different than inventory
Capital Gain
Income form the sale of an asset rather than from general
business activites, these are taxes at a lower rate
Capitalization
Re: APPRAISALS is the net income and the percentage of reasonable
return on the investment, the value of an income property being annual net
income by the CAP Rate
Capitalization Rate
Rate of interest that is a good/reasonable return on the
investment – also called YIELD RATE necessary to attract an investor. This
amortization factor is determined in a couple different ways: for example the
straight line depreciation method.
Casement Window
Frames of wood or metal that swing outward from the building
CASH FLOW
Net income generated by a property before depreciation and
any noncash expenses
Caveat Emptor
Let the buyer beware, the buyer must investigate and
purchase at their own risk
CBD
Central Business District
Certificate of
Reasonable Value
The Department of Veterans Affairs appraisal commitment of
property value
CHAIN
Unit of measurement used by surveyors, for example a chain
is 100 links equal to 66 feet
CHANGE, principle of
The future, not the past is of prime importance in
determining appraised value
CHATTEL Mortgage
Claim on personal property used to secure or guarantee a
note
CHATTEL real
An estate related to real estate such as a lease
CHATTELS
Goods moveable or not that are not real property
CLAPBOARDS
Siding boards thicker than one inch
Cloud on Title
Conditions that negatively affect the title to property,
sometimes must go to court to remove or quitclaim
COLLAR BEAM
A beam that connects the pairs of opposite roof rafters
above the attic floor
Collateral Security
A separate obligation attached to a contract to guarantee
its performance- transfer property or contracts to ensure the performance of a
principal agreement
Collusion
An agreement between persons to defraud another’s rights or
to obtain an object forbidden by law
Commercial Acre
The remainder of an acre of recently subdivided land devoted
to curbs, gutters etc
Commercial Paper
Bills of exchange used in commercial trade
Common Interest
Developments
A project with individual ownership of the buildings but common
or joint ownership of the land- condos or PUD
COMMON LAW
Body of law from customs of England
Community Property
Property accumulated through joint efforts of a married
couple or registered domestic partners
Competition Principle
of
Profits tend to breed competition and excess profits breed ruinous
competition
Component
One of the features making up the whole property
Compound Interest
Interest paid on principal and also on the accrued and
unpaid interest accumulated
Condemnation
Taking private property for public use, claiming the
property is unfit or unsafe
Condition
A qualification of an estate granted that can be imposed
only in conveyances. Conditions precedent and conditions subsequent
Condition Precedent
A condition that requires certain action or an event to
occur before the estate granted can take effect. Most installment sales state
that before a buyer can require transfer of title, all payments must be made by
a prescribed date
Condition Subsequent
Re: deeds. Title immediately vests in the grantee, but if
the condition is breached grantor has the right to terminate the estate. For
example a seller puts a restriction on allowing a bar on the location
Conditional
Commitment
A Lender makes a definite loan offer
Conditional Sales
Contract
A contract for the sale of property stating that delivery is
to be made to the buyer but title is to remain vested in the seller until the
conditions of the contract have been fulfilled
Confession of Judgment
An entry of judgment upon the debtor’s voluntary admission
or confession
Confirmation of Sale
A court approval of the sale of property by an executor or administrator
a guardian or a conservator
Conformity, Principle
of
The maximum of value is realized when a reasonable degree of
homogeneity of improvements is present
Consideration
Anything of value paid to start the entering into a contract
Constant
The percentage when applied to the face value of a debt
develops the annual amount of money necessary to pay a certain net rate of
interest on the reducing balance and to liquidate the debt in a specific number
of years, IE: a 6% loan amortized over 20 years has a constant of 8.5% and
$10000 over 20 years has an annual payment of $850
Constructive EVICTION
Breach of a covenant of warranty of quiet enjoyment. The lessee
can take back possession because of some defect in title or hazardous property
creation
Constructive NOTICE
Notice given by the public records
Contribution,
Principle of
The maximum real estate value are created by the improvements
on the site producing the highest net return.
Conventional Mortgage
A loan without governmental
Underwriting standards not FHA insured or VA guaranteed.
Conversion
Change from one character or use to another
Cooperative Ownership
Apartment ownership of shares in a cooperative venture that
entitles owner to rent, use or sell an apartment unit
Corner Influence
Table
Statistical table to estimate the added value of a corner
lot
Corporeal Rights
Possessory rights in real property
Correction Lines
A method to correct inaccuracies in the government
rectangular survey system due to the curve of the earth. Every 4th
township line, 24 mile intervals is used as a correction line on which the intervals
between the north and south range lines are re-measured and corrected to a full
six miles
Correlate the
Findings
To interpret data and valuations – combine them to make a
final conclusion of appraised value
Cost approach
A method used by appraisers by analyzing the value by
estimating the cost to replace the improvements, then deduct from accrued
depreciation and add back the value of the land
Counter Flashing
Flashing on chimneys at the roofline to cover shingle
flashing preventing rain and moisture to enter
CPM
Certified property manager designated by the Institute of
Real Estate Management
CUBAGE
The number or product resulting from the multiplication of
the width of a thing by its heght nad by its debt and length
CURABLE DEPRECIATION
Items of physical deterioration that are repaired or
replaced by a good property owner
CURTAIL SCHEDULE
List of the amounts by which the principal sum of an
obligation is to be reduced by partial payments and the dates these are due
CURTESY
The right of a husband in his wife’s estate at her death
6/18/2012
Glossary B
Blue Pot for Letter B
Base and Meridian
Imaginary lines used by surveyors ti find and describe the
location of private or public lands
Bench Marks
A location indicated on a durable marker by surveyors
Bequeath
To give or hand down by will
Bequest
That property given by will
Binder
Agreement to consider a down payment for the purchase of
real estate as good faith. OR a notation of coverage in an insurance policy
Blanket Mortgage –
Cross Collateralization
Single mortgage covering more than one piece of real estate
Board Foot
Unit of measurement of lumber that is one foot wide, one
foot long and 1 inch thick, 144 cubic inches
Bona Fide
In good faith
Boot
Cash notes personal property unlike property received in an
exchange that creates tax liability
Broker
A person employed by another for a fee to carry on any of
the activities listed in the license law
BTU
British Thermal Unit quality of heat to raise the
temperature of one pound of water one degree Fahrenheit
Building Line
A line set by law a certain distance from a street line in
front of which and owner cannot build his or her own lot. In Orange County this
also applies to views and setbacks from the ocean. An owner can not push the
footprint of their home out past this imaginary line and block other’s access.
Bundle of Rights
Beneficial interest or rights
6/17/2012
Real Estate Terms A
Glossary for the DRE Real Estate Test
Letter A words
ALTA
Owner’s Policy
Or ALTA-R Residential Title policy with extended coverage
ALTA
Title Policy
American Land Title Association covering standard risks
plus mechanics liens, unrecorded physical easements, water and or mineral rights,
facts a survey would reveal, rights such as tenants in possession
Abandonment
The act of allowing the property to be unused
Absolute
Fee-Simple Title
The best title on can have
Abstract
of Judgment
Condensed explanation of a court judgment
Abstract
of Title
Summary of conveyances, transfers or recordings that relate
to title of a particular property
Abstraction
Method of Valuing land where the value of improvement is
subtracted from the sales price
Acceleration
Clause
Clause in a trust deed/ mortgage that gives the lender the
right to declare all sums immediately due.
Acceptance
The seller or agent’s principal agrees to the terms of the
sale and approves the negotiation. They acknowledge the deposit receipt and
subscribe to the terms of agreement of sale. Statement of intent to be bound by
the terms of the offer.
Access
Right
The rights of owner to have ingress and egress or right of
way to and from his property. Not landlocked.
Accretion
Addition to land from the action of rivers, streams or
ocean. Any gradual eroding away is referred to as "reliction".
Any increase of soil or sand to land adjacent or contiguous to a water course
formed by Accretion becomes the possession of the riparian or littoral owner.
Also erosion or reliction due to the gradual actions of nature become lands
lost by the riparian or littoral owner.
AVULSION is different, it is the sudden and perceptible change formed by nature
is referred to avulsion. A violent storm may suddenly change the flow or
construction of a water course or the lands abutting thereon. Unlike with
accretion, land so divided by avulsion remains the property of the original
owner as if the water course had not been moved.
Accrued Depreciation
The
difference between the cost of replacement new as of the date of appraisal and
current appraised value.
Accrued Items of Expense
Incurred
expenses that are not yet payable such as the seller’s accrued expenses are
credited to the purchaser in a closing statement.
Accrued Interest
Interest
that remains in an account instead of being paid immediately to the depositor.
Acknowledgement
Formal
declarations before a duly authorized officer. This executes the instrument as
voluntarily signed. Usually with a notary.
Water images because of the alluvion words and to break up the boring |
Acre
Measure
of land that has 160 square rods, or 4840 square yards, or 43560 square feet,
or tract of about 208.71 feet square
Actual Eviction
Result of
legal action brought by lessor. Lessee is physically removed
Ad Valorem
Latin for
“according to value” – for real estate tax.
Adjacent
Near or
next but not necessarily touching
Adjoining
Actually
touching, abutting
Administrator/trix
Person
appointed by probate court to administer the estate of a deceased person
Advance Commitment
Institutional
investor/ lender’s prior agreement to offer long term financing
Advance FEE
Paid
before services rendered, asking for fee before advertising property for sale,
can be violation of real estate law
Adverse Possession
The open hostile
and notorious possession and occupancy under and evident claim of right, in
denial or opposition to the title of another claimant
Affiant
A person
who makes and affidavit
Affidavit
Statement
or declaration in writing sworn under oath
Affidavit of title
Seller
swears they have no bankruptcy pending, judgment, divorce, unpaid repairs, defects
in title…
Agency
Relationship
between principal and agent arising out of contract. Agent is employed to do
certain things dealing with third parties
Agreement of Sale
Written
contract between seller and buyer on all terms of sale, deposit receipt
Alienation
Transferring
property to another
Alienation Clause
Clause
that lender can call a loan due on sale
Allodial System
Method of
land ownership held free and clear with no rent or service due to the government,
free, opposite of feudal system
Alluvion / Alluvium
Soil
deposited by accretion- increase in size on the banks of a river
Amenities
Satisfaction
and enjoyment from a home, beneficial improvements
AMO
Accredited
Management Organization
Amortized Loan
Loan paid
off with principal and interest payments- level payment loan
Annuity
Series of
assured equal payments over period of time or lump-sum type in future. Could be
landlord, lender, etc
Anticipation principle of
Affirms
value created by the benefits to be received in the future
Appurtenance
Something
annexed to another thing that may be transferred incident to it for example a
barn, a garage, an orchard
Assessor
The
official who determines assessed values for property taxes
Assignment
Transfer
or making over to another of the whole of a property, real or personal
Assignor
One who assigns
or transfers the property
Attest
To affirm
to be true- official
Avulsion
Sudden
tearing away of land by water
Axial growth
City
growth along main transportation routes- star shaped from the center
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