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Deed
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A written document that
conveys the ownership of real estate from one
person or party to another
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Deed-in-lieu, or
Deed-in-lieu of foreclosure
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A deed given by a mortgagor
to the mortgagee when the mortgage is in
default, to avoid foreclosure
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Deed of trust
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A written document that
grants a trustee, in the event of foreclosure,
the full power to sell, mortgage and subdivide
the property in question
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Deed Restriction
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A clause in a Deed that
limits the uses of the property (e.g., types
or quantities of structures permitted)
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Default
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The failure to meet the
legal obligations in a contract; in real
estate, failure to pay mortgage payments as
scheduled or to comply with other stipulations
of the mortgage
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Deferred interest
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Interest on a mortgage
which is delayed because the monthly payment
of the mortgage is not large enough to cover
the entire principal and interest due, and
therefore is added to the loan balance See
"negative amortization"
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Deficiency judgment
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A claim made by the holder
of a note against the maker, in the event that
a foreclosure sale does not bring in enough
proceeds to fully cover the note and the costs
of sale, for the difference
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Delivery
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The final, unconditional
and absolute transfer of a Deed from seller to
buyer, such that the seller cannot revoke the
transfer of ownership; the Deed itself does
not pass title until the seller delivers it to
the buyer
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Depreciation
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A decline in the value of
property, due to any cause; the opposite of
appreciation Also an expense deduction taken
for tax purposes over the period of owning
income property
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Devise
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To dispose or convey
ownership of real property via a will
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Disclosure
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A statement of facts made
by the buyer about the condition of a property
being sold and its surrounding area, required
by law in most US states
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Discount point
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A unit of measurement used
for loan charges, with one point equaling 1
percent of the value of the loan
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Dower
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The rights of a spouse to
the property of their deceased spouse
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Down payment
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The amount of the purchase
price of a property paid in cash (i.e. not
financed with a mortgage) that is required to
secure the property; typically 20%
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Dual agency
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Representation of opposing
parties in a transaction (e.g. when a realtor
is the agent for both buyer and seller);
requires consent of both parties to be
allowed, and is illegal in some US states
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Due-on-sale clause
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A provision in a mortgage
allowing the lender to demand payment of the
entire balance of the note if the mortgagor
sells or otherwise transfers the property
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