REAL ESTATE DICTIONARY

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ABANDONMENT The situation in which a homeowner leaves a house with no intention to return.
ABSTRACT OF JUDGMENT An abstract is a summary; an abstract of judgment is a summary of a judgment; a judgment is the end result of a lawsuit. A judgment may run many pages. An abstract of judgment typically runs one or two pages. It just shows who won the lawsuit, who lost, how much is owed, what court made the decisions, the date of the judgment and the attorney for the winner of the lawsuit. Once the abstract of judgment is recorded (filed with the county clerk or county recorder), it creates a general lien on the judgment debtor’s property, including the real estate. An abstract of judgment will be discovered by a title company whenever a landowner tries to sell the land. Most title companies will demand that it be paid off as a condition of insuring the resale.

ACCELERATION CLAUSE

A clause in a promissory note, agreement of sale, or mortgage which gives the lender the right to call all sums due and payable in advance of the fixed payment date upon the occurrence of a specified event, such as a sale, default, assignment or further encumbrance of the property. Usually the payee has the option to accelerate the note upon default of payment of any installment when due, provided he gives adequate notice and specifies a time within which the defaulting party can cure the other breaches of provisions in the contract, such as failure to pay taxes and assessments, or failure to keep the property insured or in repair. The provision for acceleration must be expressly set forth in the mortgage or agreement of sale document, otherwise, the right does not exist. There should be a consistency between the acceleration provisions stated in the mortgage and those stated in the promissory note.

ACCEPTANCE

The expression of the intention of the person receiving an offer (offeree, usually the seller) to be bound by the terms of the offer. The acceptance must be communicated to the offeror and must be in writing to be enforceable. The retail buyer has the right to revoke the offer anytime before the seller's acceptance.

ACQUISITION

The act of becoming the owner of certain property; used also of the thing or property acquired.

ACRE

A measure of land equaling 43,560 square feet; or 4,840 square yards; or 160 square rods; or a tract about 208.71 feet square.

ACCRUED ITEMS OF EXPENSE Those incurred expenses that are not yet payable. The seller’s accrued expenses are credited to the purchaser in the closing statement.

ACRE FOOT OF WATER

A volume of water that will cover an area of one acre to the depth of one foot: 43,560 cubic feet.

ADJUSTABLE RATE MORTGAGE A loan that has an interest rate that can go up or down at certain intervals, called periods, and within certain limits, called caps. The loan is secured by a house, on which the lender will foreclose if the loan is not paid.

ADMINISTRATOR

A person appointed by the court to manage and settle the estate of a deceased person who has left no will

AFFIDAVIT -

A written declaration, sworn before an officer who has authority to administer oaths.

AGRET OF SEMENALE

A written agreement whereby the purchaser agrees to buy certain real estate and the seller agrees to sell upon terms and conditions set forth in the agreement.

ALIENATION The transferring of property from one person to another.
ALIENATION CLAUSE (Acceleration Clause; Due on Sale Clause): A clause that states that upon sale or transfer of certain property, a loan is immediately due and payable.
ALL-INCLUSIVE DEED OF TRUST

(Wrap Around Contract): A form of deed of trust that, in addition to any other amounts actually financed, includes the amounts of any prior deeds of trust.

AMORTIZATION

Liquidation or gradual retirement of a financial obligation by periodic installments.

AMORTIZATION MORTGAGE A debt, of which the periodic repayments are used to reduce the principal outstanding as well as paying off the current interest charges.

AMORTIZATION PERIOD

The period of time for economic recovery of the net investment in a project. This period is the lesser of 1) the period of time over which the plan can be expected to serve a useful purpose, or 2) the period of time when further discounting of beneficial and adverse effects will not appreciably influence design.

APPORTIONMENT

The adjustment of the income, expenses, or carrying charges of real estate that are usually computed to the date of closing of title so that the seller pays all expenses to that date. The buyer assumes all expenses from the data on which the deed is conveyed to the buyer.

APPRAISAL

A written estimate and opinion of value; a conclusion resulting from the analysis of facts

APPRAISER

One qualified by education, training, and experience who is hired to estimate the value of real and personal property based upon experience, judgment, facts, and the use of the formal appraisal processes.

APPRAISAL BY COMPARISON

An estimate of value by comparing the sale prices of other similar properties.

APPRECIATION

An increased conversion value of property or mediums of exchange due to economic or related causes which may prove to be either temporary or permanent. ASSESSED VALUATION An assessment of property values, by a unit of Government, for purposes of taxation.

APPURTENANCE Something which is outside the property itself but belongs to the land and adds to its greater enjoyment, such as a right-of-way or a barn or a dwelling.
ASSESSED VALUATION A valuation placed upon property by a public officer or a board as a basis for taxation.

ASSESSMENT

A charge against real estate made by a unit of government to cover a proportionate cost of an improvement, such as street or-sewer.

ASSESSOR An official who has the responsibility of determining assessed valuation.
ASSESSOR’S PARCEL NUMBER

A number assigned by the county tax assessor to identify a parcel of real property.

AS IS When a property is sold as is, the seller does not warrant or guarantee that the property is free of defects. The buyer accepts the property in its present condition, without modification.

ASSETS

All valuable things owned by a person, corporation, or other entity, encumbered or not. ASSIGNMENT (OF TEASE) - A transfer to another of rights, interest, or claim in or to real or personal property. The party who assigns or transfers his interest is the assignor, and the assignee is the one to whom the assignment is made

ASSIGNMENT The method or manner by which a right or contract is transferred from one person (the assignor) to another (the assignee).
ASSIGNMENT OF RENTS A procedure in which a borrower gives a lender the right to receive the rents collected from a tenant in a house owned by the borrower.
ASSUMES AND AGREES TO PAY

A clause in a deed or related document under which a buyer who takes over payments on the seller’s old loan also agrees to pay the old loan.

The buyer will normally receive title and make the payments. The assumes and agrees to pay language is often found in the consideration section of the deed that transfers title from the seller to the buyer in such an assumption. The seller may or may not be released from liability, but in either case, the buyer is responsible legally to make payments on the loan.

ASSUMPTION AGREEMENT

An undertaking of a debt or obligation primarily resting upon another person.

ASSUMPTION OF MORTGAGE

The taking of title to property by a grantee wherein he assumes liability for payment of an existing note secured by a mortgage or deed of trust against the property. He becomes a co-guarantor for the payment of the mortgage or deed of trust along with the original maker of the note, who is not released from his responsibility.

ATTACHMENT

The legal process of seizing the real or personal property of a defendant in a law suit, by levy or judicial order, and holding it in the custody of the court as security for satisfaction of the judgment.

ATTORNEY IN FACT

A person authorized to perform certain acts for another person, under power of attorney.

AUCTION The process of selling property at a public sale to the highest bidder. The person conducting the sale will call out the initial asking price and each price that anyone in the audience bids until no one will bid a higher price. The auctioneer than calls out “going once, going twice, sold to the highest bidder!”
AUTOMATIC STAY A bankruptcy court order. When bankruptcy is filed, the bankruptcy court will issue a court order that prevents any creditor from attempting to collect any debt from the person who declared bankruptcy. Creditors, even though they are owed money, may not undertake foreclosure, repossession, eviction or seizure, or even call or write the debtor demanding payment. Instead, they must all come to the bankruptcy court and seek the money they are owed together with the other creditors.

 

COMPANY OVERVIEW
CCFG Investments provides alternative financing solutions for real estate investors, developers, and investment property owners. Our creative and flexible lending programs are the direct result of our involvement in more than 500 million dollars of real estate.
CONTACT

858.456.2423 direct
858.225.3683 fax
info@ccfginvestments.com
2020 Columbia St
San Diego, CA 92101

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As a direct lender, CCFG Investments specializes in short-term loans secured by residential and commercial real estate. Our knowledge of the real estate marketplace allows us to fund transactions that often do not meet the strict underwriting criteria of traditional lenders. Understanding that no two transactions are identical
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