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1 - Capital Gains
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Profit earned from a sale of
real estate
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2 - Capitalization
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A method used to estimate
value of a property based on the rate of return on
investment.
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3 - Cashflow
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The amount of cash derived
over a certain period of time from an income-producing property.
The cash flow should be large enough to pay the expenses of the
income-producing property (mortgage payment, maintenance,
utilities, etc.).
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4 - Caveat Emptor
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Buyer beware. The buyer must
inspect the property and satisfy himself that it is adequate for
his needs. The seller is under no obligation to disclose defects
but may not actively conceal a known defect or lie if
asked.
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5 - CC&R's (Covenants, Conditions, and Restrictions)
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The basic rules establishing
the rights and obligations of owners of real property within a
subdivision or other tract of land in relation to other owners
within the same subdivision or tract and in relation to an
association of owners organized for the purpose of operating and
maintaining property commonly owned by the individual
owners.
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6 - Certificate Of Eligibility
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The document given to
qualified veterans which entitles them to VA guaranteed loans for
homes, business, and mobile homes. Certificates of eligibility may
be obtained by sending DD-214 (Separation Paper) to the local VA
office with VA form 1880 (request for Certificate of
Eligibility).
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7 - Certificate Of Occupancy
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A certificate issued by a
local governmental body stating that the building is in a condition
to be occupied.
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8 - Certificate Of Satisfaction
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A document signed by the
Noteholder and recorded in the land records evidencing release of a
deed of trust, mortgage or other lien on the property.
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9 - Certificate Of Title
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A written opinion by an
attorney setting forth the status of title to the property as shown
on the public records. The certificate does not certify as to
matters not of record and affords no protection unless the author
was negligent.
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10 - Chain Of Title
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The series of transactions
from GRANTOR to GRANTEE as evidenced in the land
records.
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11 - Chattel
12 - Class Action
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A claim brought up on behalf
of a group of people.
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13 - Closing
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The meeting between the
buyer, seller and lender or their agents where the property and
funds legally change hands. Also called settlement. Closing costs
usually include an origination fee, discount points, appraisal fee,
title search and insurance, survey, taxes, deed recording fee,
credit report and notary fees.
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14 - Cloud On Title
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An evidence of
encumbrances
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15 - Coinsurance
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When more than one insurance
company shares the risk of a particular transaction or series of
transactions. Lenders may require co-insurance on large commercial
projects.
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16 - Collateral
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Property pledged to secure a
loan.
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17 - Appurtenance
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A judicial proceeding through
which a governmental body takes a private property for a public
use.
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18 - Condominium
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A system of individual fee
simple ownership of portions (units) in a multi-unit structure,
combined with joint ownership of common areas. Each individual may
sell or encumber his own unit.
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19 - Conservator
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Also called a Committee or
Guardian, a person designated by the Court to protect and preserve
the property of someone who is not able to manage their own
affairs. Examples include the mentally incompetent, minors and
incarcerated persons.
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20 - Construction Loan
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A short-term interim loan to
pay for the construction of buildings or homes. These are usually
designed to provide periodic disbursements to the builder as he
progresses. These are generally done by lenders with offices local
to the site of the construction. This enables the lender or their
agent to monitor the progress of the construction.
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21 - Contract
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A legally enforceable
agreement between two parties.
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22 - Contract For Deed
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Also known as a Land Contract
or Land Installment Contract. A method of financing where title
remains in the Seller's name until the Buyer has paid the full
purchase price. A Contract for Deed will normally trigger the Due
On Sale Clause in a Deed Of Trust or Mortgage but Veterans
Administration regulations specifically allow Contracts for Deed
without invoking the Due On Sale Clause.
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23 - Conventional Loan
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A mortgage not insured by FHA
or guaranteed by the VA.
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24 - Cooperative
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A system of individual
ownership of stock in a corporation that. in turn, owns the
structure. Each owner has an exclusive right to use his individual
unit and must pay his portion of the debt encumbering the entire
building.
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25 - Cost Approach
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A method used by an appraiser
to estimate replacement costs of improvements less
depreciation.
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26 - Cotenancy
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Ownership in the same land by
more than one person. See, Tenants In Common, Joint Tenants,
Tenants By The Entirety.
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27 - Covenant
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A written agreement or
restriction on the use of land or promising certain acts. Homeowner
Associations often enforce restrictive covenants governing
architectural controls and maintenance responsibilities. However,
land could be subject to restrictive covenants even if there is no
homeowner's association.
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28 - Credit Report
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A report documenting the
credit history and current status of a borrower's credit
standing.
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