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| Term |
|
Description |
| Damages |
|
The indemnity recoverable by a person who has sustained an injury either in his person,
property or relative rights, through the act or default of another. |
|
| Debt |
|
An amount owed to another. |
|
| Deed in Lieu of Foreclosure |
|
A deed to real property accepted by a lender from a defaulting borrower to avoid the necessity
of foreclosure proceedings by the lender. |
|
| Deed of Trust (Deed) |
|
A legal document used to transfer real estate to a trustee, like a mortgage. Allows for
foreclosure without the necessity of a lawsuit. In some states you do not get the deed until the
house is paid off. In other states, you get the deed right away. |
|
| Deed, Gift |
|
A deed for which the consideration is love and affection and where there is no material
consideration. (See also: Deed) |
|
| Deed, Grant |
|
A technical legal term in a deed of conveyance bestowing an interest in real property on another.
The words "convey" and
"transfer" have the same effect. (See
also: Deed) |
| Deed, Warranty |
|
A deed that contains promises against any other claims to title on the property. It is the most
protective of a potential buyer. It is not used in some states since title insurance has reduced its
importance. |
|
| Default |
|
Failure to fulfill a duty or promise or to discharge an obligation, or to perform any act in an
instrument in writing, that has been agreed upon. |
|
| Deferred Maintenance |
|
Existing but unfulfilled requirements for repairs and rehabilitation. |
|
| Deficiency Judgment |
|
A judgment given when the security pledged for a loan does not satisfy the debt upon its
default. |
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| Delinquency |
|
Failure to make mortgage payments when mortgage payments are due. For most
mortgages, payments are due on the first day of the month. Even though they may not charge a
"late fee" for a number of days, the payment is still considered to be late and the loan
delinquent. When a loan payment is more than 30 days late, most lenders report the late payment
to one or more credit bureaus. |
|
| Deposit |
|
A sum of money given in advance of a larger amount being expected in the future. Often called
in real estate as an "earnest money deposit". |
|
| Depreciation |
|
Loss of value in real property brought about by age, physical deterioration, functional, or
economic obsolescence. (See also: Straight Line Depreciation) |
|
| Deterioration |
|
Reflecting the loss in value brought about by wear and tear, disintegration, use in service,
and the actions of the elements. |
|
| Discount Fee or Discount Points |
|
A fee charged by the lender in order to obtain a higher earning than the interest stated in the
mortgage note.
In some cases discount points can be tax deductible. This is especially true for first time home
buyers. |
|
| Documentary Transfer Tax |
|
A state enabling act allows cities and counties to adopt a documentary transfer tax to apply on
all transfers of real property located within their jurisdictions. Duress - Unlawful constraint
exercised upon a person whereby he is forced to do some act against his will. |
|
| Down Payment |
|
The part of the purchase price of a property that the buyer pays in cash and does not finance
with a mortgage. |
|
| Dual Agent |
|
A real estate broker or agent representing both the buyer and the seller. Even though two real
estate agents may be involved, if they work for the same broker, a dual agency situation may arise.
The real estate agents should advise you when this is the case. |
|
| Due Diligence |
|
A buzz word in real estate that refers to researching the risks of the real estate deal. Used
frequently when talking about purchasing real estate that may contain environmental risks. |
|
| Due-On-Sale Provision |
|
A provision in a mortgage that allows the lender to demand repayment in full if the borrower
sells the property that serves as security for the mortgage. |
|
| Duress |
|
Unlawful constraint exercised upon a person whereby he is forced to do some act against his will. |
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