The Internet Real
Estate Glossary
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Rate Cap
- The
maximum interest rate charge allowed on the monthly payment
of an adjustable rate mortgage during an adjustment
period.
Rate of Return
- A percentage
relationship between the investment price or equity
invested and the composite returns.
Rate-Improvement
Mortgage - A loan with a
clause that entitles a borrower to a one-time interest rate
cut without going through refinancing.
Reaffirmation Agreement
- An agreement
signed by the debtors where they agree to reaffirm their debt
(or a portion of the debt) in lieu of a discharge of that debt
under the Bankruptcy Code. In terms of mortgage servicing, the
reaffirmation of the debt by the debtor reinstates his personal
liability under the terms of the note.
Real estate
- Land and anything
permanently affixed to the land, and those
things attached to the
building.
Real
estate broker - An individual who owns a real estate company or
is in a management
position and is licensed to represent a buyer or a seller in a
real estate transaction. A broker employs real estate agents to
buy and sell properties.
Real Estate Commission
- The state regulatory
body whose duty it is to carry out the real estate license
laws in a particular state.
Real Estate Investment Trust
(REIT) - A
method of pooling investment money using the trust form of
ownership if certain tax requirements are met. One advantage
of the REIT is the avoidance of corporate tax (thus no
double taxation) + many more.
Real Estate Market
- The mechanism by which
rights and interests in real estate are sold, prices set,
supply adjusted to demand, space allocated among competing
alternate uses, and land-use patterns set.
Real Estate Owned
(REO) - property
acquired through a lender through foreclosure and held in
inventory
Real Estate Settlement
Procedures Act (RESPA) - A consumer protection statute, first
passed in 1974. The purposes of RESPA are to help consumers
become better shoppers for
settlement services and to eliminate kickbacks and
referral fees that unnecessarily increase the costs of certain
settlement services.
RESPA requires that
borrowers receive disclosures at various times. Some
disclosures spell out the costs associated with the settlement,
outline lender servicing and escrow account practices and
describe business relationships between settlement service
providers.
RESPA also prohibits certain
practices that increase the cost of settlement services.
Section 8 of RESPA prohibits a person from giving or accepting
any thing of value for
referrals of settlement service business related to a
federally related mortgage loan. It also prohibits a
person from giving or accepting any part of a charge for
services that are not performed. Section 9 of RESPA
prohibits home
sellers from requiring home buyers to purchase
title insurance from a particular
company.
RESPA covers
loans secured with a mortgage placed on a one-to-four
family residential
property. These include most purchase loans, assumptions,
refinances, property improvement loans, and equity lines of
credit. HUD’s Office of
RESPA and Interstate Land Sales is responsible for
enforcing RESPA.
Real Property
- the rights to use
real estate. Refers to land and improvements both on and
to the land, and also to the physical aspects of real
estate, including surface, air and subsurface rights
plus, bundle of rights.
REALTOR® - A registered trademark of the
NATIONAL ASSOCIATION OF REALTORS. It is used by brokers and
salespersons who hold active membership in the
association.
RESPA required
disclosures - At the time of
loan application when borrowers apply for a mortgage loan, mortgage
brokers and/or lenders must give the borrowers - a Special
Information Booklet, which contains consumer information
regarding various real estate settlement services. (Required
for purchase transactions only) and a Good Faith Estimate (GFE)
of settlement costs, which lists the charges the buyer is
likely to pay at settlement. This is only an estimate and the
actual charges may differ. If a lender requires the
borrower to use a
particular settlement provider, then the lender
must disclose this requirement on the GFE. a
Mortgage Servicing Disclosure Statement, which discloses
to the borrower whether the lender intends to service the
loan or transfer it to another lender. It also provides
information about complaint resolution.
Recasting
-
Restructuring a loan with a new interest rate and term. It may
be the same loan from the same lender, but the terms change.
FHA has a formal procedure to recast loans to assist home
buyers to stay in their houses.
Receiver - A court-appointed person who is
charged with preserving a property, collecting rents and
doing anything necessary to maintain the property's
condition.
Receivership
- After a bank is taken
over by FDIC, it may be placed in receivership to liquidate its
assets. The employees are fired and the assets shipped off to
be sold at auction. The real estate is turned over to the RTC
or the FDIC1s liquidation division. Existing
contracts with the institution in receivership are voidable at
the option of the FDIC.
Reciprocity
- The recognition that
states give whereby a licensee of one state can be
involved in real estate transactions in other
states.
Reconveyance -
The satisfaction of a deed
of trust. Under the deed of trust arrangement, the lender sends to the
trustee the note, the deed of trust, and a request for
reconveyance. The trustee then cancels the note and issues to
the borrower a reconveyance or a release of deed in
accordance with the deed of trust. A recorded document issued
by a trustee that extinguishes a trust deed lien when the note
it secured is paid off. The trustee will require the original
note, a copy of the deed of trust, a request for reconveyance,
and their trustee's fee (from $65 to $80).
Recording -
The act of entering into a
book of public records instruments affecting title to the real property.
A lender requires that a deed of trust or a mortgage be
recorded to evidence the debt against the property. Filing a
document with the county recorder to have it entered into the
public record, giving constructive notice to the public at
large of its contents. Establishes priority amongst competing
claims.
Recording Fees
- Money paid to the lender for recording a home sale with the
local authorities, thereby making it part of the public
records.
Recourse -
The right of the holder of a
note secured by a mortgage or deed of trust to claim money from
a borrower who is in default in addition to the property
pledged as a collateral.
Rectangular Survey
- method of land
description used in about 30 states based on imaginary lines
of longitude (meridians) and latitude (base lines); also
referred to as the US government survey
system.
Recurring fees
- Costs
associated with owning the property that recur month after
month. These costs may include hazard insurance, interest,
property taxes, mortgage insurance (PMI) and association fees.
A prorated amount of these fees may have to be paid at
closing.
Redeemable
Deed Sales - This is a sale that is called a Tax Deed
Sale, but the sale is subject to a right of redemption during a
specified time period by the delinquent property owner. For
most purposes the sale is very similar to a Tax Lien
Sale.
Redemption
period - The time allowed
by law in some states during which a mortgagor may
redeem or buy back its property by paying the amount
owed on a foreclosed
mortgage, including interests, costs and fees.
Redemption rights
- The right to
redeem ownership of property, in those
states which have
right of redemption. Generally refers to a debtor's right
to reacquire title to property lost via a judicial
foreclosure (germane to mortgage states) within a year or
so afterward. It also refers to IRS's right to redeem
property that had secured a federal tax lien prior to a
non-judicial foreclosure by a senior lien. IRS's right is
limited to120 days after the trustee's sale and requires
reimbursement to the winning bidder of the trustee's
sale.
Redlining -
The illegal practice of
refusing to provide loans or insurance in a certain
neighborhood or to a certain class of people.
Refinancing
- The repayment of
a debt from the proceeds of a new loan using
the
same property as security. In other words, the creation
of a new mortgage that pays
off the preceding mortgage, usually to secure a better
interest rate or mortgage terms.
Refunding
- A form of loss
mitigation associated with the servicing of a loan guaranteed
by the Veterans Administration. The Secretary has
discretionary authority to refund a loan under 38 USC
18l6a.
Regression
- The
principle that the value of a better-quality property is
adversely affected by the proximity of a lesser-quality
property.
Regular
Servicing Option (RSO) - The servicing
option of an MBS insured by Fannie Mae where the servicer retains
the risk of loss associated with a defaulted loan. Opposite of
Special Servicing Option (SSO).
Regulation Z
- A federal
regulation requiring creditors to provide full
disclosure of
the terms of a loan, including the terms of the loan and
the annual
percentage rate (APR). Your lender should provide you with a
form providing details
of the proposed mortgage before you agree to anything.
(See “Real Estate Settlement
Procedures Act-RESPA.”)
Reinstatement figures
- The total
amount of money needed to bring one’s mortgage loan
current.
Reinstatement
Right - A trustor's or junior lienor's statutory right
to cure a default in the payment of a promissory note rather
than having to pay off the whole loan.
REIT (real estate
investment trust) - A trust that uses investors’ money to
purchase and manage real
estate. Investors realize some of the tax advantages in
owning real estate.
Release Of Liability
- The document that
relieves a person who is obligated to pay a loan of any further
obligations. It may be obtained when a buyer takes over the
payments on the seller1s old loan, provided the
buyer meets the lender1s standards for income and
creditworthiness. If granted, the release of liability means
the seller will not be responsible if the buyer fails to
pay.
Release of
mortgage (satisfaction of mortgage) -
A
document used when the mortgage is paid in full. Issued
by the lender to the borrower stating that the
promissory
note or bond has been paid in full and the
accompanying mortgage may be discharged from
the public records.
Relief from stay
- An order
granted to a particular creditor to permit it to enforce its
claims or proceed with foreclosure. Relief from Stay must be
approved by the bankruptcy court. An order from the bankruptcy
court allowing a lender to proceed with his default remedies
(e.g. trustee's sale) against a debtor . . . exempt from the
automatic, protective shield of the bankruptcy
court.
Relief measures
- Alternatives to
foreclosure that provide the borrower with temporary or
permanent relief options permitting the borrower to retain
the property and the
lender to avoid a foreclosure.
Reinstatement
- If you're
experiencing a temporary shortfall of cash, your lender
may offer you a fixed amount of time to pay off the
past-due amount. But you'll also be responsible for
covering any late fees and penalties you've
incurred.
Remainder-man
- The person who has a
future interest in a life estate once the present estate
terminates.
Removal -
The process
of transferring a case from state court to federal
court.
Renegotiable Rate Mortgage
- A renegotiated loan
where the maturity is fixed (for example, 30 years) but the
interest rate, and hence the monthly payment, is
renegotiated periodically (for example, every 3 or 5
years.)
Rent - The payment made for the use of
land.
Rent Skimming
- The illegal practice of persuading owners in default
to move out and deed over their house before the trustee's
sale occurs, under the guise of saving the owners' credit
standing because of the substitution. The real objective is
to milk the property for all the monthly rents and deposits
possible, right to the end of the post-sale eviction
action.
Repayment
plans - If you haven't missed
many payments, you can ask your loan holder to allow you to pay
off the money bit by bit, adding a portion of the past-due
amount to your regular payments.
Replacement Cost
- The cost of
substituting a similar structure with utility equivalent to
the subject property but constructed with modern
materials.
Repossession -
Means of recovery or
acquisition of the physical control of a property as to make further legal
action unnecessary in order to obtain actual possession
of the property.
Reproduction Cost
- The cost of exactly
duplicating a structure using the same material and
design.
Request For Notice Of
Default - A document that under
statutory provisions, allows certain interested parties to
request and be entitled to notification of a
default.
Request for
Notice - A recorded document that requires a
trustee to send to the requester (within 10 business days) a
copy of any Notice of Default or Notice of Trustee's Sale that
the trustee records concerning a specific deed of trust that's
in foreclosure. Though the requester can be anyone, it's
usually a junior lienor who wants to be alerted to the
foreclosure action of a senior lien that could wipe out his/her
junior lien.
REO -
Real Estate Owned. Also
known as ORE (Owned Real Estate). Real property taken back by the lender
after a foreclosure sale because no one else bid more
than the lender’s opening credit bid.
Rescission
- The cancellation
of a contract. When refinancing a mortgage on a
principal residence, the law
gives the homeowner three days to cancel the contract. Also,
the act of canceling a previously recorded document. In a
foreclosure context, the
trustee will “rescind” the Notice of Default or Notice
of Trustee’s Sale when the borrower pays the arrearages and
brings the loan current.
Resident Manager
- An employee of the
property management firm and its representative on the
premises.
Residential Service
Contract - home warranty or
insurance contract, generally for one year, covering plumbing,
electrical, and mechanical systems of the home.
Residual
- Value
or income remaining after deducting an amount necessary to
meet fixed obligations.
Res Judicata
- (Lat. judged
matter) For the doctrine that where a final
judgment has been made
by the court, that judgment is conclusive upon the
parties in any subsequent lawsuit involving the same
cause of action.
RESPA -
See “Real Estate Settlement
Procedures Act.”
Restraint of
Alienation - Interfering with or limiting one's
power to freely transfer (alienate) the title to their property
to another.
Restrictive covenants
- Private
restrictions limiting the use of real estate. Restrictive
covenants are created by deed and may “run with the land,”
binding all subsequent
purchasers of the land, or may be binding only between
the original seller and buyer.
Reverse mortgage
(reverse annuity mortgage) - A mortgage often
used by the elderly on fixed
incomes to provide income as long as they live in
exchange for
increasing equity in the home. Each payment made to the
homeowner causes the loan
principal to increase. The loan is eventually paid from the
sale of the property or from the borrower’s estate upon
his or her death.
Reversion - A future interest in the grantor,
which occurs whenever the owner of real estate conveys an
estate of lesser duration than the owner has.
Reversionary Interest
- A future interest a
person has in property after present possession is
terminated.
Revocation - The nullification of an offer to
contract by the original offeror.
Right of
redemption - (Same as
“redemption right”) The right granted in
some states for a
mortgagor to redeem ownership of real property, within a
specified amount of time, after a foreclosure sale and
upon payment of the amount of debt plus interest and all
costs incurred.
Right of Re-entry
- The right retained when
a fee simple on condition subsequent exists; also referred
to as the power of termination. Back to court.
Right Of Rescission -
The right to back out of a
contract
Right of survivorship
- The right of a
surviving joint tenant to acquire the interest of a deceased
joint owner.
Right of Survivorship
- Upon the death of a
joint tenant or tenant by the entirety the interest does not
pass to the tenant's heirs but to the other join
tenant(s).
Riparian Rights
- A legal right of a
landowner who owns land next to a natural watercourse to
reasonable use of whatever water flows past the
property.
Rollover loan
- A loan that is
amortized over a long period of time, such as 30
years, but with
an interest rate that is fixed for a short period, such as
five years. The loan
may often be extended or rolled over at the end of the shorter
term.
Run with the land
- Certain restrictions,
easements and covenants are part of the ownership of land
and thus are not terminated when title is transferred but
remain in effect from owner to owner.
This real estate
glossary is courtesy of the Internet Real Estate Center -
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