Real Estate Glossary
|
|
| A |
C | D | E | F | G | H | I | J | K | L | M | | N | O | P | Q
| R | S | T | U | V | W | Z |
|
PACKAGE MORTGAGE:
A loan secured against both
land and chattels.
PAD SITE:
An independent location for a retailer
that may be near to but not part of a mall or shopping center.
PAPER PROFIT:
A description of the increase in
the value of an asset that has not been realized (i.e. the
asset has not been sold so that owner does not enjoy the
profit).
PAPER:
Slang term for a loan note given instead
of a cash payment.
PARCEL:
Another word for a piece of land.
PARCEL REGISTER:
The abstract index for a
property registered in the Torrens System of land
registration.
PAROL:
Not written, verbal.
PAROL CONTRACT:
An agreement that is not reduced
to writing, that is created through spoken words.
PAROL EVIDENCE RULE:
A legal rule of evidence. A
court will not allow evidence of oral discussions which
purport to modify a written contract.
PARTIAL INTEREST:
Ownership of property that is
less than 100% or on a lower level than fee simple.
PARTIAL PAYMENT:
Any payment which is
insufficient to meet the full amount required.
PARTIAL RELEASE:
A document signed by the
mortgagees holding a blanket mortgage registered on title to
several properties which removes the mortgage from title to
just one of the properties.
PARTIAL TAKING:
Where a government body takes
only a portion of a landowner's land or rights to land by
condemnation.
PARTIALLY AMORTIZED MORTGAGE:
A very common form
of mortgage in which the term is less than the amortization
period such that, at the maturity date, the mortgage is not
fully paid out and either refinancing or a large balloon
payment is required.
PARTICIPATION (OR PARTICIPATING) MORTGAGE:
A
mortgage in which the lender is entitled to a stated share of
the income of the property or of sale proceeds.
PARTITION:
An court ordered division of property
owned by two or more owners, may take the form of a physical
division of the property or a forced sale and division of the
proceeds.
PARTNERSHIP:
A form of business enterprise where
two or more persons join together without forming a
corporation. The partners are capable of binding each other to
contracts, are liable for each other's actions.
PARTY WALL:
A shared wall between two pieces of
property, most often in row-houses, semi-detached houses, or
townhouses. The shared wall generally stands on the property
line.
PASSIVE SOLAR HEATING:
The maximization of the
sun's heating abilities through careful design of a building.
PATENT:
The initial transfer of title to land
from government to private ownership.
PAY OUT:
To provide the lender with the total
amount then required to retire a loan obligation.
PAYMENT ADJUSTMENT INTERVAL:
The period of time
between changes in the amount of each periodic payment on a
variable or adjustable
rate mortgage.
PAYMENT CAP:
A term of
some variable or adjustable
rate mortgages in which the level to which the monthly
payment may rise is limited to a certain dollar figure.
PAYMENT CHANGE DATE:
The date when the amount of
each payment under an adjustable, variable or graduated
payment mortgage changes.
PAYMENT DECREASE CAP:
A contractual limit on the
amount of each periodic payment may drop at any one payment
change date. Expressed as a percentage.
PAYMENT INCREASE CAP:
A contractual limit on the
amount of each periodic payment may rise at any one payment
change date. Expressed as a percentage.
PAYMENT PENALTY:
Also known as "prepayment
penalty" or "early payment penalty", the fee paid by a
borrower when she pays out some or all of the principal of a
loan at a time when such a payment is not allowed under the
terms of the loan.
PRIME TENANT:
The biggest tenant in a commercial
complex. Also known as "key tenant" or "anchor
tenant".
PENALTY:
Fine for breaching a rule, term of a
contract or law.
PENTHOUSE:
The dwelling(s) located at the top of
a tall building, often luxurious.
PER STIRPES:
Latin term, meaning by
representation. A method of dividing an estate equally among
the heirs of the deceased. If an heir has predeceased, her
share is divided equally by her linear descendants.
PERC TEST (PERCOLATION):
A method of determining
the ability of the soil of a property to absorb liquids, used
in construction projects and for septic systems.
PERCENTAGE LEASE:
A rental agreement in which the
tenant's monthly payment is a percentage of the gross sales of
the tenant's business (although a minimum payment is usually
set out in the agreement).
PERFORMANCE:
Meeting one's obligations under a
contract or agreement.
PERFORMANCE BOND:
A written promise from an
insurance company, stating that if a given person does not
complete work required under a contract, the insurer will pay
someone else to complete the work or pay damages.
PERIODIC PAYMENT CAP:
See "payment cap".
PERIODIC RATE CAP:
See "rate cap".
PERMANENT LOAN/MORTGAGE:
A long-term mortgage,
often registered after construction is complete and the
property is occupied. Also known as "end loan."
PERMIT:
The government body's written permission
to do something which is regulated by that body.
PERPETUITY:
Endlessness. Forever. Many
jurisdictions have laws against tying up a title to a property
in perpetuity.
PERSON:
A legal term referring to any entity
which is capable of entering a contract or suing and being
sued. Generally, an adult, mentally capable human being, an
incorporated company, a partnership or a government body.
PERSONAL PROPERTY:
Items owned by someone which
are not land.
PERSONAL RESIDENCE:
A person's home, used to
establish their place for voting, taxation and other civic
issues.
PERSONALTY:
See "personal property".
PIPELINE RISK:
Slang term describing the
possibility that a lender will lose money as a result of
committing to a loan at a given interest rate only to see
interest rates rise in the interim before the loan transaction
is closed.
PIPESTEM LOT:
See "flag pole lot". A piece of land connected to a
street by a long, narrow strip of land.
PITI RESERVES:
The amount of extra money a
borrower must have to cover the cost of principal, interest
and taxes on a mortgage for a set number of months.
PLAINTIFF:
The person who sues in court. The
person who makes a legal claim. As opposed to "defendant".
PLANNED UNIT DEVELOPMENT (PUD):
A housing
development where a homeowner's association administers common
property owned and shared by all dwelling owners in the
project. Dwellings are often clustered to allow for more
common space and special zoning is required for this kind of
development.
PLANNING COMMISSION:
An appointed board which
conducts hearings to consider applications for minor variances
of planning ordinances. Also known as "Planning Board, "Zoning
Board", etc.
PLAT BOOK:
A public record of plans, street maps,
etc.
PLAT:
A detailed map which sets out lots,
streets, common areas and other features of a tract of land.
PLEDGED ACCOUNT MORTGAGE (PAM):
The payment of
funds into a pledged account to be used to reduce mortgage
payments at a later date.
PLOT PLAN:
A survey-like diagram of a property
showing current or planned improvements and uses of the land.
PLOTTAGE:
The act of acquiring a number of
smaller, adjacent parcels to create one larger, more useful
plot of land.
POCKET CARD:
Identification required by most
state's licensing commissions for real estate salespersons and
brokers.
POINT:
Equal to 1% of the principal of a
mortgage, a charge levied on the borrower by the lender for
originating the mortgage as prepaid interest. Also known as
"loan discount points".
POOL:
1. Gather into a group for greater
effectiveness.
2. An artificial body of water for
recreational swimming.
POSSESSION:
The state of occupying, controlling,
using property to the exclusion of all others, exhibiting
one's right or title to property.
POTENTIAL GROSS INCOME:
The amount of money that
a property will generate if it is fully utilized with no gaps,
vacancies or other interruptions in income.
POWER OF ATTORNEY:
A document, signed by the
donor in front of witnesses, authorizing another person to act
on the donor's behalf and to bind the donor to those actions.
POWER OF SALE:
Generally the fastest and cheapest
mortgage enforcement method open to lenders. A common clause
in a mortgage agreement which gives the lender the right to
take over and sell the property to cure the borrower's
default. The sale proceeds are allocated first to principal
and interest, then to penalties, then to the lender's costs in
exercising the power, then to other registered claimants and
finally to the borrower if there is any left.
PRAIRIE HOUSE:
A long low house of the early
twentieth century style, with a row of windows across the
front and a plain exterior.
PRE-APPROVED MORTGAGE:
A commitment from a lender
to provide a mortgage loan on stated terms to a borrower
before the borrower has found a property to buy. The
pre-approved mortgage allows the borrower to make a firm, cash
offer on the property of choice.
PREARRANGED REFINANCING AGREEMENT:
An arrangement
between lender and borrower in which the lender agrees to
favorable terms for the borrower on a future refinance as an
inducement to the borrower to place the original mortgage with
the lender.
PRECLOSING:
A meeting of the parties to a
transaction prior to the scheduled closing date to allow some
or all of the documents to be signed and more complicated
issues settled prior to closing.
PREFABRICATED:
Descriptive term for a building
that is put together on site from components (walls, floors,
roof, etc.) built off-site (in a factory, for example).
PRE-FORECLOSURE SALE:
The sale of a property by a
delinquent borrower under an agreement with the lender. The
sale may not produce enough proceeds to pay out the loan but
the lender will save the costs of foreclosing and selling.
PRELEASE:
To find tenants for a property before
construction is completed.
PREMISES:
A descriptive term for the land,
building or parts thereof involved in a particular
transaction.
PREMIUM:
1. The periodic payment on a policy of
insurance.
2. The value of a debt instrument in excess of
it face value.
3. Of highest quality.
PREPAID EXPENSES:
Payments made on account of
costs and disbursements that are not yet incurred, may be
placed in an escrow account.
PREPAID INTEREST:
Charges for interest that are
paid in advance of their accrual (i.e. point charges, etc.).
PREPAYMENT:
Payment of all or part of the
principal of a mortgage or loan before it comes due.
PREPAYMENT CLAUSE:
A term in a mortgage that
establishes the rules regarding extra payments toward
principal.
PREPAYMENT PENALTY:
A fee charged to a borrower
for paying out all or part of the principal of the mortgage or
loan before it comes due.
PREPAYMENT PRIVILEGE:
The right of the borrower
to pay out all or part of the outstanding principal before it
comes due.
PRE-QUALIFICATION:
The act of going through the
mortgage application process before the borrower is ready to
borrow, to establish how much money the borrower could obtain
under a loan.
PRESALE:
Marketing of properties under
construction or simply in the planning stages.
PRESCRIPTION:
A legal term describing the
acquisition of rights or obligations through the passage of
time (such as adverse
possession).
PRESCRIPTIVE EASEMENT:
A legally enforceable
right to make use of all or part of the property of another as
a result of continuous and uninterrupted use of that property
for a period of time as established by statute.
PRICE-LEVEL-ADJUSTED MORTGAGE:
An adjustable or
variable payment loan which uses the rate of inflation as an
index.
PRIMARY LEASE:
The main lease, under which other
sub-leases exist.
PRIME RATE:
The best rate charged on loans,
usually saved for the best clients of the lenders. May also be
set by a national institution as a benchmark or index for
other lenders.
PRINCIPAL:
1. The amount of money borrowed or
still owed on a loan, without including interest.
2. The
person on whose behalf an agent acts.
PRINCIPAL AND INTEREST PAYMENT (P&I):
A
blended, periodic payment that is enough to pay off
accumulated interest and a portion of the principal.
PRINCIPAL BALANCE:
The outstanding amount owing
on a mortgage without including accumulated interest.
PRINCIPAL BROKER:
The head of a real estate
brokerage, licensed as a broker, who is responsible for all
transactions run through the firm.
PRINCIPAL RESIDENCE:
The dwelling in which a
person resides for the majority of the time.
PRINCIPAL, INTEREST, TAXES AND INSURANCE
(PITI):
The four parts of many periodic loan payments.
PRIVATE MORTGAGE INSURANCE (PMI):
A policy of
insurance issued by a non-governmental entity which protects a
lender against the default of the borrower.
PROBATE OR PROVE:
Establishment of the validity
of a will through a court process.
PRO-FORMA STATEMENT:
Latin meaning a statement
"according to form". Financial projections.
PROGRESS PAYMENTS:
Loan advances issued to a
builder as construction of a building moves forward.
PROMISSORY NOTE:
A document signifying an
indebtedness.
PROPERTY:
1. The rights of ownership in lands or
goods.
2. Land.
PROPERTY TAX:
Also known as "realty tax", the tax
levied on ownership of property.
PROPRIETARY LEASE:
A rental agreement between a
cooperative housing corporation and a share holder allowing
use of a certain unit in the premises.
PRORATE:
To apportion a divisible item among
parties according to their share.
PROSPECT:
1. To investigate land for valuable
mineral deposits.
2. A potential buyer.
PUBLIC AUCTION:
A public meeting at which
properties are sold to pay defaulted mortgages.
PUBLIC HOUSING:
Accommodation offered by the
government to low income people for nominal rents.
PUBLIC SALE:
See "public auction".
PURCHASE AGREEMENT:
See "agreement
of sale" or "agreement of purchase and sale".
PURCHASE MONEY MORTGAGE (PMM):
See "mortgage
back". A loan from the vendor to the purchaser to help
finance the purchase of the property.
PURCHASER:
The person who buys a property.
PURCHASE PRICE:
The consideration paid for the
purchase of a property as set out in the agreement.