REAL ESTATE DICTIONARY

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DAMAGES

Compensation or indemnity recovered through the courts by any person who has suffered loss, detriment or injury to person, property or rights. A sum of money awarded to a person injured by an act of another. May be compensatory or punitive.

DEBT SERVICE

Periodic payment on a debt, for interest on and retirement of the principal.

DECLARATION OF TAKING

Part of a condemnation package; a document stating the need for the property, describing the property, and stating that the property is being taken by eminent domain. Filing the declaration in court, with the deposit of estimated compensation, transfers title to the condemner

DEBT SERVICE Annual amount to be paid by a debtor for money borrowed

DECREE

The final order of a court in many states.

DEDICATION

The application of privately-owned land to the public for no consideration, with the intent that the land will be accepted and used for public purposes. A landowner may dedicate the entire fee simple interest or an easement such as a public right-of-way across his property. Lands thus dedicated are normally taxed at a preferential rate.

DEED

A legal instrument in writing, duly executed, sealed, and delivered, whereby the owner of real property (grantor) conveys to another (grantee) some right, title, or interest in real estate.

DEED IN LIEU OF FORECLOSURE Instead of waiting until the lender forces the sale of the house in foreclosure, usually to the lender, the borrower just deeds the property to the lender
DEED OF RECONVEYANCE An instrument that releases and discharges a deed of trust
DEED OF TRUST (Trust Deed) A deed given by the property owner to secure performance of an act (such as making payments on a loan). A deed of trust is a type of mortgage

DEED RESTRICTION

A provision in a deed controlling or limiting the use of the land.

DEFAULT

Failure to perform a specific, required legal duty.

DEFEASANCE CLAUSE The clause in a mortgage that permits the mortgagor to redeem his or her property upon the payment of the obligations to the mortgagee
DEFEASED In medieval times ownership rights constituted a fee. To be defeased meant to lose the fee, or today, to lose ownership
DEFENDANT'S ORIGINAL ANSWER The first responsive pleading of a defendant in a lawsuit

DEFERRED MAINTENANCE

Existing but unfulfilled requirements for repairs and rehabilitation, deferred until a later date.

 
DEFICIENCY Money a borrower who has lost real estate in foreclosure still owes to the lender because the foreclosure sale failed to generate enough to pay off the loan. Frequently, lenders acquire title to real estate at foreclosure, in which case they most often give credit only for the fair market value of the property against the balance due on the loan. Any unpaid balance on the loan after all just credits are applied is the usual amount of a deficiency. Many states limit or restrict deficiencies

DEFICIENCY JUDGMENT

At a foreclosure sale, the difference between the indebtedness sued upon and the sale price or market value of the real estate. See also DEFICIENCY PAYMENT

DEFICIENCY PAYMENT

Additional compensation required in a final judgment in condemnation proceedings. See also DEFICIENCY JUDGMENT.

DELINQUENCY The state of affairs when payments on a note or other loan obligation are past due
DEMAND NOTE A note that is payable on demand of the holder
DEPTARTMENT OF VETERAN AFFAIRS

The arm of the federal government that guarantees loans and performs other services for veterans. This agency was formerly known as the Veterans Administration (VA).

DEPRECIATION

(1) A lowering of value. A reduction; lessening. The decline in value of property. Loss in market value. Deterioration over a period of time. The opposite of appreciation. (2) In appraising, depreciation is the reduction on value of a property as measured from the cost to replace it. It is the difference between the replacement cost and the market value. (3) In accounting, it is a write-off (usually annually) of a portion of an asset on the records.

DESCENT

Succession to ownership of an estate by inheritance. Title by which one person, upon death of another, acquires real estate of the latter as an heir at law. The person who inherits is controlled by state statutes.

DESIGN MEMORANDUM

A planning document prepared by the division/District Commander before any land may be acquired for a project.

DETERIORATION

Impairment of condition. One of the causes of depreciation and reflecting the loss in value brought about by wear and tear, disintegration, use in service, and the action of the elements

DEVISE

A transfer of real property under a will. The donor is the devisor and the recipient is the devisee. Where there is no will, the real property "descends" to the heirs.

DISCHARGE OF INDEBTEDNESS A lender tells a borrower that a loan doesn’t have to be paid back, also called discharge of debt

DISCOUNT

(1) That which can be taken off the established amount. Mortgages, for example, are frequently discounted when paid in advance of maturity. (2) A sum paid to obtain certain preferred mortgages, as the payment of points to a lending institution for FHA and VA mortgages.

DISCOVERY The phase of a lawsuit in which respective parties are permitted to ask each other formal written and oral questions, obtain copies of documents and in general find out the facts related to the lawsuit

DISPOSAL

An authorized method of permanently divesting the Government of control and responsibility for real and personal property. Sale of Government-owned property.

DISPOSSESS

To deprive a person of possession and/or use of real property.

DOCUMENTARY TRANSFER TAX A tax applicable to transfers of real property. Notice of payment is entered on the face of the deed or on a separate paper filed with the deed
DOUBLE WHAMMY Some lenders refuse to permit assumptions, which is one blow, while at the same time insisting on a hefty prepayment penalty when the non assumable loan is paid off early, which is a second blow

DOWER

A common law estate in land given to the wife in her husband's real property upon his death, consisting of a life estate in one-third of all the real estate owned by the husband during the marriage.

DOWN PAYMENT The initial cash a borrower pays to the seller to purchase a property. It does not include closing costs
DUE ON ENCUMBRANCE A clause in a mortgage that prevents a borrower from encumbering title to the property with liens, leases or other encumbrances without the lender’s consent
DUE ON SALE

A clause in a mortgage that demands that the borrower pay off the loan in full if the house is ever sold. The lender can’t prevent the sale, but it can demand payment in full on the loan balance, which often has the same practical effect. In the absence of a due on sale clause, the loan is assumable without the lender’s consent

Older FHA and DVA loans are assumable without the consent of the lender

DURESS

Forcing action or inaction against a person's will.

 

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.
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858.456.2423 direct
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info@ccfginvestments.com
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San Diego, CA 92101

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