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Abstract of
title
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A condensed history
or summary of all transactions
affecting a particular parcel of real
estate, including the original grant,
all conveyances and encumbrances
affecting the property, and the
abstractor's certification of the
history's accuracy
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Acceleration
clause
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A clause in a
mortgage that gives the lender the
right to require payment of the entire
principal balance if the borrower
defaults on an installment payment or
other covenant
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Acceptance
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An offeree's
consent to enter into, and be bound by
the terms of, a contract
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Access
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The right to enter
and exit a parcel of land from a
public way, including the right to
enter and exit via land belonging to
others
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Acknowledgment
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The confirmation by
which a party executing a legal
document confirms his signature and
voluntary agreement with the terms of
the document, made before an
authorized officer of the Court or
notary public
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Acre
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43,560 square feet
of land. This is
approximately equal a 208' x 208' foot
square lot.
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Adjustable-rate
mortgage (ARM)
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A mortgage with
interest rates that may fluctuate
based on market conditions; the lender
is permitted to adjust the mortgage's
interest rate periodically, though
most ARM's are limited in the amount
that the interest rates can vary
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Adjusted
basis
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The total of the
original cost of a property and the
value of any capital expenditures for
improvements done to it, minus any
depreciation taken
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Adjustment
date
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The date on which
the interest rate changes for an
adjustable-rate mortgage (ARM)
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Adjustment
period
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The period of time
between the adjustment dates for an
adjustable-rate mortgage (ARM)
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Administrator
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A person appointed
by a probate court to administer the
estate of an individual who has died
without a will
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Adverse
Possession
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A claim made
against the land titled to another
person, by virtue of open and hostile
possession and use of the land to the
exclusion of the titled owner
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Affidavit
of title
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A sworn statement
that is made in writing under oath by
a seller of real property, and
certified by a notary public, in which
the seller identifies himself or
herself, indicates marital status,
certifies that no defects have
occurred in the title since the
examination of the title on the date
of the contract, and confirms that he
or she is in possession of the
property (if applicable)
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Agency
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The relationship
between two or more persons wherein
the agent is authorized to act on
behalf of another person (or
principal) in certain transactions
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Agent
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A person or company
that acts on behalf of another to
transact business, generally in
exchange for payment. In real estate,
it is a person or company with a real
estate license working under the
authority of a real estate broker.
This is NOT the same as a Realtor
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Alienation
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The act of
transferring property to another,
either voluntarily (via a sale), or
involuntarily (via adverse possession)
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Alienation
clause
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The clause in a
mortgage or deed of trust which
asserts the lender's option to require
that the balance of the secured debt
becomes immediately due and payable if
the property is sold by the borrower,
preventing the borrower from assigning
the debt without the lender's approval
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ALTA
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American Land Title
Association, the national association
of title insurance companies,
abstractors and attorneys specializing
in real property law, headquartered in
Washington, D.C.
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Amenity
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A natural or
manmade feature of real property that
enhances its value and attractiveness,
though it is not essential to the
property's use
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Amortization
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The process of
payment of a debt or mortgage loan
over time by installments
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Amortization
schedule
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A timetable for
repayment of a debt or mortgage loan,
showing the amount of each payment,
what portion is applied to interest
and principal, and the remaining
balance
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Amortization
term
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The amount of time
required to repay the mortgage loan,
expressed in number of months
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Amortize
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To pay off a loan
or mortgage with periodic payments
that cover both principal and interest
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Amortized
loan
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A loan in which
both the principal and interest are
payable in monthly or other periodic
installments over the term of the
loan, with no balloon payment prior to
maturity
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Annual
Mortgagor Statement
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An annual report
sent to the borrower (mortgagor) each
year, showing the amount paid in taxes
and interest during the year, as well
as the remaining mortgage loan balance
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Annual
Percentage Rate (APR)
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The overall cost of
a mortgage, including interest,
mortgage insurance, and loan
origination fee (points), stated as a
yearly percentage, thus allowing
buyers to compare different types of
mortgages based on the associated
annual finance charges; the APR must
be disclosed to borrowers by lenders,
per the Truth-in-Lending Act
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Annuity
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The return,
including interest, from an investment
of capital, paid in a series of
regular payments
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Appraisal
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A written estimate
of the value of an asset or property
prepared by a qualified, independent
party, through which the asset or
property value is determined
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Appraised
Value
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The estimate of a
property's fair market value, based on
an appraiser's analysis of the
property
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Appraiser
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An individual
educated to estimate the value of real
property and personal property
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Appreciation
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An increase in the
worth of a property due to changes in
economic conditions or other causes;
the opposite of depreciation
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Appurtenance
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Anything attached
to, or used with, a parcel of land
that will go to the new owner on
conveyance of the land
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ARM
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Adjustable-rate
Mortgage. Also see "Variable Rate
Mortgage"
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Assessment
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A tax, charge or
levy against a property made by the
government, based on its value, and
levied for a specific purpose, such as
to finance sidewalks, a sewer, etc.
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Assessment
Rolls
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The public record
of taxable property. To view
these you visit the Shasta County
Recorders office on Court St. in
Redding.
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Assessor
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A public official
who evaluates the value of a property
for taxation purposes
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Asset
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Anything of
monetary value owned by an individual,
including real property, personal
property, and enforceable claims
against others (bank accounts, stocks,
mutual funds, etc.)
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Assign
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To transfer
interest
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Assignee
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One who receives an
assignment or transfer of rights
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Assignor
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One who makes an
assignment or transfer of rights to
another
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Assumable
mortgage
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A mortgage that
allows a new owner to take over its
obligations
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Assumption
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The process of
transferring the seller's existing
mortgage and liability for payments to
the buyer when purchasing a property,
which usually saves the buyer money,
since assuming a new mortgage incurs
additional closing costs and possibly
higher interest charges
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Assumption
clause
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The provision in an
assumable mortgage that allows a buyer
to take responsibility for that
mortgage from the seller
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Attachment
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Seizure of property
through Court process to force payment
of a debt
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Attorney-in-fact
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One who holds a
power of attorney from another to
execute legal documents on behalf of
the grantor of the power
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