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ABSTRACT
OF JUDGMENT:
A summary of money judgment obtained in court. (When this
summary or abstract is recorded in the county recorder's
office, in some states the judgment becomes a lien on the
debtor's property, both presently owned or after-acquired.)
ABSTRACT
OF TITLE:
A summary prepared by a licensed abstractor of all documents
recorded in the public records of the political subdivision
where the land is located. An abstract in some states or
areas is reviewed by an attorney or other experienced title
examiner to determine the status of title. Virtually every
abstractor today provides actual copies of the records rather
than an abstract of each document.
ABATEMENT:
A reduction or decrease. Usually applies to a decrease of
assessed valuation of ad valorem taxes after the assessment,
and levy.
ACCELERATION
CLAUSE:
Clause in a deed of trust or mortgage, which accelerates,
or hastens, the time when the indebtedness becomes due.
For example, some deeds of trust contain a provision (an
acceleration clause) stating that the note shall become
due immediately upon the sale of the land or upon failure
to pay interest or an installment of principal and interest.
ACCOMMODATION
RECORDING:
Recording of instruments with the county recorder by a title
company merely as a convenience to a customer and without
assumption of responsibility for correctness or validity.
ACKNOWLEDGEMENT:
A formal declaration before a duly authorized officer (such
as a notary public) by a person who has executed an instrument
that such execution is his own act and deed. An acknowledgment
is necessary to entitle an instrument (with certain specific
exceptions) to be recorded, to impart constructive notice
of its contents and to entitle the instrument to be used
as evidence without further proof. The certificate of acknowledgment
is attached to the instrument or incorporated therein.
ABATEMENT:
A reduction or decrease. Usually applies to a decrease of
assessed valuation of ad valorem taxes after the assessment,
and levy.
ACCELERATION
CLAUSE:
Clause in a deed of trust or mortgage, which accelerates,
or hastens, the time when the indebtedness becomes due.
For example, some deeds of trust contain a provision (an
acceleration clause) stating that the note shall become
due immediately upon the sale of the land or upon failure
to pay interest or an installment of principal and interest.
ACCOMMODATION
RECORDING:
Recording of instruments with the county recorder by a title
company merely as a convenience to a customer and without
assumption of responsibility for correctness or validity.
ACKNOWLEDGEMENT:
A formal declaration before a duly authorized officer (such
as a notary public) by a person who has executed an instrument
that such execution is his own act and deed. An acknowledgment
is necessary to entitle an instrument (with certain specific
exceptions) to be recorded, to impart constructive notice
of its contents and to entitle the instrument to be used
as evidence without further proof. The certificate of acknowledgment
is attached to the instrument or incorporated therein.
ADJUSTABLE
MORTGAGE LOANS (AML'S):
Mortgage loans under which the interest rate is periodically
adjusted to more closely coincide with current rates. The
amounts and times of adjustment are agreed to at the inception
of the loan. Also called: Adjustable Rate Loans, Adjustable
Rate Mortgages (ARM'S), Flexible Rate Loans, Variable Rate
Loans. (See also: Indexing, Rate Index).
ADMINISTRATOR:
A person appointed by the probate court to carry out the
administration of a decedent's estate when the decedent
has left no will. If a woman is appointed, she is called
an administratrix.
ADVERSE
POSSESSION:
A process of acquiring title to real property by possession
for a certain (statutory) period of time, in addition to
fulfilling other conditions.
AFFIDAVIT:
A written statement or declaration, sworn to before an officer
who has authority to administer an oath.
AGENT:
One who has authorization, either expressed or implied,
to act for or represent another party, usually in business
matters, such as issuing title insurance policies on behalf
of a title insurer for a portion of the premium.
AGREEMENT
OF SALE:
A written contract entered into between the seller (vendor)
and buyer (vendee) for sale of real property (land) on an
installment or deferred payment plan. It is also known as
an agreement to convey, a long form Security Agreement or
a real estate installment contract.
ALL-INCLUSIVE
RATE:
Rate which includes charges for title insurance, searching
or abstract fees and examination fees.
ALTA
(American Land Title Association):
Organization composed of title insurance firms which sets
standards for the industry, including title insurance policy
forms used on a national basis.
AMENDMENT:
Changes to alter, adds to, or correct part of an agreement
without changing the principal idea or essence.
AMORTIZED
LOAN:
A loan that is paid off, both interest and principal, by
regular payments that are equal or nearly equal.
ANNUAL
PERCENTAGE RATE (A.P.R.):
The yearly interest percentage of a loan, as expressed by
the actual rate of interest paid. For example: 6% add-on
interest would be much more than 6% simple interest, even
though both would say 6%. The A.P.R. is disclosed as a requirement
of federal truth in lending statutes.
APPRAISAL:
An estimate of value of property resulting from analysis
of facts about the property; an opinion of value.
APPROVED
ATTORNEY:
An attorney whose opinion is acceptable to a title company
as the basis for issuance of a title insurance policy by
the insurer. The insurer, rather than the attorney, executes
the policy.
ASSUMPTION:
The act of conveying real property; taking title to a property
with the Buyer assuming liability for paying an existing
note secured by a deed of trust against the property.
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