7/02/2012

Glossary Real Estate Letter E






EARNEST MONEY

Down payment made by a purchaser of property as evidence of good faith

EASEMENT

Created by grant for a specific purpose, right privilege or interest one party has in the land of another. For right of way

ECOLOGY

The relationship between organisms and their environment

ECONOMIC LIFE

The period over which a property will yield a return on the investment, over and above the economic or ground rent due on the land

ECONOMIC OBSOLESCENCE

Loss in value of real estate caused by factors away from the subject

ECONOMIC RENT

Number of years of age that is indicated by the condition of a structure

EFFECTIVE INTEREST RATE

Percentage of interest that is actually being paid by a borrower for the use of money

EMINENT DOMAIN

Government right to acquire property for necessary public or quasi-public use by condemnation, paying the owner the fair market value- 5th AMENDMENT Right

ENCROACHMENT

Anything that affects or limits the fee-simple title to the property. Such as mortgages, easements, restrictions

ENDORSEMENT

Signing one’s name on the back of a check or note

EQUAL CREDIT OPPORTUNITY ACT

Federal Law prohibits lenders from discriminating based on sex. Race, color, religion, age amritial status or handicap etc.

EQUITY

Interest or value an owner has in real estate over and above the liens against it

EQUITY OF REDEMPTION

Right to redeem property during foreclosure period

EQUITY SHARING

Where an owner occupant and a non-owner investor pool their money to buy a home- contract

ESCALATION

Lender can increase payments upon the happening of a certain event

ESCALATOR CLAUSE

A clause in the contract providing upward or downward adjustment of items to cover contingencies

ESCHEAT

Reverting the property to the state when heirs capable of inheriting are lacking

ESTATE

Quality of interest, share, right or equity of which riches or fortune may consist in real property

ESTATE OF INHERITANCE

Estate descending to heirs- freehold

ESTATE FOR LIFE

Freehold estate not and estate of inheritance but is held by the life of the tenant for his or her own life or the life of one or more persons- ie: you can live here until you die or your Child X dies

ESTATE FROM PERIOD TO PERIOD

An interest in land with no definite termination date but rents are weekly monthly or annual, also called periodic tenancy

ESTATE AT SUFFERANCE

Estate where tenant wrongfully holds over after expiration of his term. Landlord can evict

ESTATE OF WILL

Occupation of lands and tenements for an indefinite period. Can be terminated by either party- not recognized in California

ESTATE FOR YEARS

Interest in lands by virtue of a contract for the possession of them for a limited time- A LEASE

ESTIMATED REMAINING LIFE

Time period remaining for improvements to become useless

ESTOPPEL

Doctrine bars one from asserting rights that are inconsistent with a previous position or representation

ETHICS

Moral science, idealism, justness and fairness in the duties that a member of a profession owes to the public

EVICTION

Process of law depriving a person of possession of lands

EXCHANGE

IRS CODE 1031 owner trades one property for another to defer income tax

EXCLUSIVE AGENCY LISTING

One agent has specific rights to sell a property for a specific time, but owner can sell without a commission

EXCLUSIVE RIGHT TO SELL LISTING

Written agreement giving agent right to collect commission if anyone buys during the set time

EXECUTE

To complete, perform, sign, seal deliver

EXECUTOR/TRIX

Person named in a will to carry out provisions

EXPANSION JOINT

A bitumous fiber strip that separates concrete to prevent cracking








6/29/2012

Glossary Letter D

http://www.amazon.com/Toxic-Assets-Bank-ebook/dp/B004RCLZXI


Glossary for REAL ESTATE TERMS, prepare for the broker DRE exam
Letter D


DATA PLANT

Appraiser’s file of information on real estate

DEBENTURE

Bonds issued without secuirty

DEBTOR

The party owning the property that is subject to a security interest- mortgagor or pledgor

DEDICATION

Appropriation of land by its owner for some public use by authorized officials on behalf of the public

DEED

Instrument when properly executed and delivered conveys title

DEED RESTRICTION

Limitation in the deed to a property that dictates certain uses that may or may not be made to the property

DEFAULT

Failure to fulfill a duty or promise, omission or failure to perform any act

DEFEASANCE CLAUSE

Mortgage clause that gives the mortgagor the right to redeem his or her property upon the payment of obligations to the mortgagee

DEFEASANCE FEE

Sometimes called a base fee or qualified fee, a fee- absolute interest in land that is capable of being defeated or terminated upon the happening of a specified event

DEFICIENCY JUDGMENT

Judgment when the security pledge for a loan does not satisfy the debt upon its default

DEPTH TABLE

Statistical table used to estimate the value of the added depth of a lot

DESIST AND REFRAIN ORDER

Court order to stop a person from committing and act in violation of real estate law

DEVISEE

One who receives a bequest made in a will

DEVISOR

Person who bequeaths by will

DIRECTIONAL GROWTH

The location or direction toward which the residential sections of a city are destined and determined to grow

DISINTERMEDIATION

A sudden rush of withdrawals from savings banks, commercial banks, and life insurance policies. Financial intermediaries who depend on the regular savings lose billions of dollars as owners of those funds held by institutional lenders exercise their right to remove the money.

DISPOSSESS

To deprive one of the use of real estate

DOCUMENTARY TRANSFER TAX

A state enabling act that allows a county to adopt a documentary transfer tax to apply to all transfers of real estate in the county. Notice of payment is entered on the face of the deed or on a separate paper filed together

DONEE

A person to whom a gift is made

DONOR

The person who makes the gift

DOWER

The right a wife has in her husband’s estate at his death

DUAL AGENCY

When a broker represents both the buyer and seller






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