 |
|
A |
|
ABANDONMENT |
The
surrender, relinquishment, disclaimer, or cession of
property or of rights to property. |
|
ABATEMENT |
To put an
end to. |
|
ABSTRACT |
An
abridgment as applied to a record, as an abbreviated form or
a summary of that record. |
|
ABSTRACT OF JUDGMENT |
A brief
transcript of the essentials of a judgment. |
|
ABSTRACT OF TITLE |
A summary
of the conveyances, transfers, and other facts appearing of
record and relied upon as evidence of title to real
property. |
|
ABUTTING |
Touching
or bordering upon. No intervening land. |
|
ACCELERATION CLAUSE |
Promissory and security interest clause which specifies
conditions under which the lender may advance the time when
the entire debt, plus accrued interest, is due and payable. |
|
ACCEPTANCE |
The act
of agreeing or consenting to the terms of an offer thereby
establishing "the meeting of the minds" that is an essential
element of a contract. |
|
ACCOMMODATION RECORDING |
The
recordation of an instrument without consideration and
without assumption of responsibility for correctness or
validity. |
|
ACKNOWLEDGMENT |
A formal
declaration made before an authorized person, e.g., a notary
public, by a person who has executed an instrument stating
that the execution was his/her act. Authenticates the
identity of the signor. |
|
ACRE |
A tract
of land totaling 43,560 square feet, 160 square rods, 4,840
square yards, or about 208.71 feet square. |
|
ACTION |
An
ordinary proceeding in a court of justice by which one party
prosecutes another for the enforcement or protection of a
right, the redress or prevention of a wrong, or the
punishment of a public offense. |
|
ACTION
IN PERSONAM |
An action
in which judgment is sought against a person. |
|
ACTION
IN REM |
An action
in which judgment is sought against property to determine
its status. |
|
ACTUAL
NOTICE |
Notice in
fact or in reality to or by a party directly and personally. |
|
AD
VALOREM |
According
to value. |
|
ADJOINING OWNERS |
Two or
more owners whose parcels of land are contiguous |
|
ADJUSTABLE RATE MORTGAGE (ARM) |
A loan
which bears interest at a rate subject to change during the
term of the loan. |
|
ADMIN |
Administrative Code |
|
ADMINISTRATOR |
A person
appointed by a probate court to settle the affairs of an
individual dying without a will. |
|
ADMINISTRATRIX |
A woman
administrator |
|
ADVANCE |
Transfer
of funds from a lender to a borrower in advance on a
loan |
|
ADVERSE POSSESSION |
A method
of acquiring title to real property through possession of
the property for a statutory period under certain conditions
by a person other than the owner of record. |
|
AFFIANT |
A person
who has made an affidavit. |
|
AFFIDAVIT |
A written
statement or declaration sworn to or affirmed before some
officer who has authority to administer an oath or
affirmation. May alternately be signed under penalty of
perjury stating that the contents are true and correct. |
|
AFFIRMATION |
A
declaration in writing under penalty of perjury. |
|
AGENT |
One who
acts on behalf of another. |
|
AKA |
Also
known as. |
|
ALIENATION CLAUSE |
Provision
in a security instrument calling for automatic maturity in
the event of a sale or other conveyance of title by borrower
or subsequent owner. |
|
ALL
INCLUSIVE DEED OF TRUST |
A deed of
trust securing payment of obligation(s) owing under prior
deed(s) of trust in addition to the amount of money borrowed
from or owed to beneficiary |
|
ALTA
TITLE POLICY |
(American
Land Title Association) A type of title insurance policy
issued by title insurance companies. Usually issued to
mortgage lenders. Insures against additional risks not
covered by an Owner's Title Policy. |
|
AMORTIZATION |
The
liquidation of a financial obligation on an installment
basis also recovery of cost over a period of time. |
|
ANNEXATION |
To
incorporate within the boundaries of a city, county or
district. |
|
ANTENUPTIAL |
Before
marriage. |
|
APOSTILLE |
An
authentication of a notary used by countries who are parties
to the Hague Convention. |
|
APPELLANT |
A party
appealing a court decision or ruling. |
|
APPRAISER |
One
qualified by education, training and experience who is hired
to estimate the value of real and personal property. |
|
APPURTENANCE |
Anything
incidental to or belonging to land considered a party of the
real property. |
|
APPURTENANT |
Belonging
to. |
|
ARBITRARY MAP |
A map
made by a title company for its own convenience in
identifying parcels of real property. |
|
ASSESSED VALUE |
Value of
property for taxation purposes. |
|
ASSESSMENT |
The
imposition of a tax, charge, or levy, usually according to
established rates. |
|
ASSESSMENT MAPS |
Maps
designating the boundaries of an assessment district |
|
ASSESSOR |
A public
official who evaluates property for the purpose of taxation. |
|
ASSESSOR'S PARCEL MAP |
Maps
produced by the Assessor. These maps, also called Assessor's
Plat Maps or AP Maps, depict and identify land units within
the Assessor's jurisdiction by Assessor's Parcel Number. |
|
ASSESSOR'S PARCEL NUMBER |
A book,
page / block and parcel numbering system used by the
Assessor's Office to identify property. |
|
ASSIGN |
To
transfer any or all of an interest. |
|
ASSIGNEE |
One to
whom a transfer of interest is made as the assignee of a
mortgage or contract. |
|
ASSIGNOR |
One who
makes an assignment as the assignor of a mortgage or
contract. |
|
ASSUMPTION OF TRUST DEED |
A formal
agreement by buyer to assume terms of existing trust deed or
mortgage. |
|
ATTACHMENT |
Process
of legal seizure of property. Property seized is retained in
custody of the court often to provide security for a debt or
until ownership issues can be determined. |
|
ATTORNEY IN FACT |
One who
holds a power of attorney from another allowing him to
execute legal documents on behalf of another. |
 |
|
C |
|
CAPITA |
Heads;
persons. |
|
CAPTION |
The
heading or title of a document. |
|
CAVEAT
EMPTOR |
Let the
buyer beware. |
|
CC |
Civil
Code |
|
CC&R'S |
Covenants, conditions and restrictions. The basic rules
establishing the rights and obligations of owners of real
property. |
|
CCP |
Code of
Civil Procedure |
|
CEMETERY MAP |
Map
establishing plots within a cemetery. |
|
CERTIFICATE OF ACCEPTANCE |
An
attachment to a conveyance certifying that the interest in
real property, conveyed by the deed or grant, is accepted by
the legislative body |
|
CERTIFICATE OF CORRECTION |
A
document that amends and corrects a map that has already
been recorded. |
|
CERTIFICATE OF TITLE |
Certified
statement as to land ownership based upon examination of
record title. |
|
CFR |
Code of
Federal Regulations |
|
CHAIN |
A term of
land measurement being 66 feet in length. |
|
CHAIN
OF TITLE |
A term
applied to the past series of transactions and documents
affecting the title to a particular parcel of land. |
|
CHARTER |
An
instrument creating and defining the franchises of a city,
educational institution or corporation. |
|
CHATTEL |
An item
or article of personal property. |
|
CHATTEL MORTGAGE |
Obsolete
name for mortgage of personal property. |
|
CLEAR
TITLE |
One which
is not encumbered or burdened with defects. |
|
CLOSING |
Condition
in description of real property by courses and distances at
the boundary lines where the lines meet to include all the
tract of land. ALSO, process in which all parties to a real
estate transaction conclude the details of a sale or
mortgage. It |
|
CLOUD
ON TITLE |
A claim,
encumbrance or condition which impairs title to real
property until disproved or eliminated. |
|
CODE |
A
collection of laws. |
|
COLLATERAL |
Marketable real or personal property which a borrower
pledges as security for a loan. In a trust deed specific
land is used as collateral. |
|
COMMON
LAW |
The
unwritten body of English Law founded upon customs,
precedents and usage. |
|
COMMUNITY PROPERTY |
A
category of property, existing in some states, in which all
property (except property specifically acquired by husband
or wife as separate property) acquired by a husband and
wife, or either, during marriage, is owned in common by the
husband and wife. |
|
COMPARABLE SALES |
Recent
selling prices of properties similarly situated in a similar
market. |
|
COMPETENT |
Legally
qualified; capable of contracting. |
|
CONDEMNATION |
Taking
private property for public use through court proceedings. |
|
CONDITION |
A
qualification or restriction annexed to a conveyance of
lands, where it is provided that upon the happening of a
particular event an estate shall commence, be enlarged, or
be defeated. |
|
CONDITION PRECEDENT |
A
condition that must be fulfilled before a right accrues or
an estate vests. |
|
CONDITION SUBSEQUENT |
A
condition that defeats a previously accrued right or vested
estate. |
|
CONDITIONAL SALE CONTRACT |
Contract
of sale where title remains in seller until conditions of
the contract have been fulfilled. |
|
CONDOMINIUM - |
A system
of individual fee ownership of units in a multiunit
structure, combined with joint ownership of common areas of
the structure and land. |
|
CONFESSION OF JUDGMENT |
Entry of
judgment without formality of proceedings upon debtor's
admission and with his consent. |
|
CONSENT AND WAIVER |
An
agreement by the landlord, owner or lien holder that certain
equipment, furnishings, etc., will remain personal property. |
|
CONSERVATEE |
A person
unable to manage self, property, or self and property and
for whom the probate court has appointed a conservator. |
|
CONSERVATOR |
A person
appointed by the court to protect and preserve the lands and
property of an individual physically incapacitated or
otherwise not able to handle his own affairs. |
|
CONSIDERATION |
The value
inducing another person to enter into a contract. |
|
CONSTRUCTION DEED OF TRUST |
Used to
finance construction on the property. |
|
CONSTRUCTION MORTGAGE |
A loan
secured by real property during the construction of a
structure on the property, the collateral of which will
include the completed structure. |
|
CONSTRUCTIVE NOTICE |
Notice
given by public records. |
|
CONTIGUOUS |
In actual
contact; touching or adjacent. |
|
CONTINGENT |
Dependent
upon an uncertain future event. |
|
CONTOUR |
Surface
configuration of land. |
|
CONTRACT |
An
agreement between two or more persons which creates an
obligation to do or not to do a particular thing. |
|
CONVENTIONAL MORTGAGE |
A
mortgage securing a loan made by savings and loans or banks
without governmental underwriting (not FHA or VA
guaranteed). Loan amount usually does not exceed 80% of
property value. |
|
CONVEY |
The act
of deeding or transferring title to another. |
|
CONVEYANCE |
An
instrument by which title to property is transferred; a
deed. |
|
COOPERATIVE |
A
residential multiunit building owned by and operated for the
benefit of persons living within. |
|
CORP. |
Corporations Code |
|
CORPORATE SEAL |
A seal
attached to an instrument executed by a corporation. |
|
CORPORATION |
An
artificial being created by law and endowed with certain
rights, privileges and duties of natural persons. |
|
CORPORATION SOLE |
A
corporation consisting of a single person and his successor
in office. |
|
COSIGNER |
A second
party who sings a promissory note together with the primary
borrower. |
|
COTENANCY |
Ownership
by two or more persons. |
|
COURSES AND DISTANCES |
Description of land by metes and bounds. |
|
COVENANT |
An
agreement written into deeds and other instruments promising
performance or non-performance of certain acts or
stipulating certain uses or non-uses of the property. |
|
CRLM |
County
Recorders' Legal Manual |
|
CUL DE
SAC |
The
terminus of a street or alley. A circular turnaround for
automobiles. |
 |
|
D |
|
DBA |
Doing
business as. |
|
DECEDENT |
Deceased
person. |
|
DECREE |
A
judgment by court. |
|
DECREE
OF DISTRIBUTION |
A
judgment of probate court as to person entitled to the
property of a decedent. |
|
DEDICATION |
Donation
of land by owner to a public use and acceptance for such use
by authorized official. |
|
DEED |
A written
document by which the ownership of land is transferred from
one person to another. |
|
DEED
OF TRUST |
A three
party security instrument conveying title to land as
security for the performance of an obligation. |
|
DEFAULT |
Omission
or failure to fulfill a duty, observe a promise, discharge
an obligation or perform an agreement. |
|
DEFAULT JUDGMENT |
A
judgment against a defendant who made no appearance in
court. |
|
DEFENDANT |
A person
against whom legal action is initiated. |
|
DEFICIENCY JUDGMENT |
A
personal judgment against the debtor for the amount
remaining due after foreclosure of a security device, as in
the case of a mortgage or trust deed. |
|
DELIVERY |
The final
and absolute transfer of a deed from seller to buyer in such
a manner that it cannot be recalled by the seller. |
|
DEMAND |
An escrow
term describing the consideration exacted for the
relinquishment of an interest in or right to property. |
|
DEMISE |
A
transfer of an estate for years, for life or at will.
Synonym for death. |
|
DEPONENT |
A
witness; an affiant. |
|
DEPOSIT RECEIPT |
A term
used by the real estate industry to describe the written
offer to purchase real property. Becomes a contract upon
acceptance by owner. |
|
DEVISE |
The
disposition of land by will. A term used only for land. |
|
DEVISEE |
A person
to whom real property is given by will. |
|
DICTUM |
An
opinion by a judge on a point not essential to the decision
on the main issue. |
|
DISCOUNT POINTS |
The
amount of money the borrower or seller must pay the lender
to get a mortgage at a stated interest rate. A point equals
one percent of the loan. |
|
DIVEST |
To
deprive of a right or title to property. |
|
DOCUMENTARY TRANSFER TAX |
Tax on
recorded transfers of title to real property. |
|
DOMICILE |
Fixed and
permanent home. |
|
DOMINANT TENEMENT |
The land
benefited by an appurtenant easement. |
|
DONEE |
Person to
whom gift is made. |
|
DONOR |
Person
who makes a gift. |
|
DUE ON
SALE CLAUSE |
Provision
in a security instrument calling for automatic maturity in
the event of a sale or other conveyance of title by borrower
or subsequent owner. |
|
DURABLE POWER OF ATTORNEY |
Authorization for an attorney-in-fact to continue acting for
and in the name of the principal after the principal's
inability to contract. |
 |
|
E |
|
EARNEST MONEY |
Advance
payment of part of the purchase price to bind a contract for
property. |
|
EASEMENT |
An
interest in land owned by another that entities its holder
to a specific limited use, such as laying a sewer, putting
up electric lines or crossing the property. |
|
EGRESS |
A place
or means of exit. |
|
EMINENT DOMAIN |
The power
of the state to take private property for public use. |
|
ENCROACHMENT |
The
extension of an improvement onto land of another. |
|
ENCUMBRANCE |
A right
or interest in land decreasing its value but not hindering
its sale or transfer. |
|
ENDORSEMENT |
Form used
by the insurer at the request of the insured which changes
terms or items in an issued policy or commitment. |
|
ENFEOFF |
To vest a
person with fee title to land. |
|
ENTIRETY |
A form of
cotenancy in which owners are jointly seized as the whole. |
|
EQUITY |
The
interest or value which an owner has in real estate over and
above the debts against it. |
|
ESCHEAT |
A
reversion of property to the state in those cases where an
individual dies without heirs or devisees and without a
will. |
|
ESCROW |
A
transaction in which an impartial third party acts as agent
for both buyer and seller or for both borrower and lender,
in carrying out instructions, delivering papers and
documents and disbursing funds. |
|
ESTATE |
A
person's possessions. The degree, quantity, nature and
extent of interest which a person has in real property. |
|
ESTATE
FOR LIFE |
A
possessory estate in land held by a person only for the
duration of a specific person's life. |
|
ESTATE
FOR YEARS |
A
possessory interest in lands by contract for a specific
term. A lease is an estate for years. |
|
ESTOPPEL. |
A bar to
the assertion of right or a defense in consequence or
previous position, act or representation. |
|
ET AL |
And
others. |
|
ET SEQ |
And
following. |
|
ET UX |
And wife. |
|
ET VIR |
And
husband. |
|
EVICTION |
Dispossession by process of law. |
|
EX
PARTE |
On one
side only. |
|
EXAMINATION OF TITLE |
The
interpretation of the record title to real property based on
the title search or abstract. |
|
EXAMINER |
A person
who analyzes a chain of title. |
|
EXCEPTION |
In a
legal description, that portion of lands to be deleted or
excluded. In a title insurance policy, exclusion of certain
risks known to the insured when the policy was issued. |
|
EXECUTOR |
A person
appointed by the probate court to carry out the terms of a
will. |
|
EXECUTOR'S DEED |
To
transfer title of property of another's estate by the
executor! executrix, etc. |
|
EXECUTRIX |
A woman
executor. |
|
EXEMPTION |
Immunity
from a burden or obligation. |
 |
|
F |
|
FACSIMILE |
An exact
and precise copy. |
|
FAIR
MARKET VALUE |
Amount of
money that would be paid for a property offered on the open
market for a reasonable period of time with buyer and seller
knowing all the uses to which the property could be put and
with neither party being under pressure to buy or sell. |
|
FBN |
Fictitious business name. |
|
FEE
SIMPLE INTEREST |
The
greatest interest in a parcel of land that it is possible to
own; without limitation. |
|
FHLMC
(Freddie Mac) |
Federal
Home Loan Mortgage Corporation, an affiliate of the Federal
Home Loan Bank; which creates a secondary market in
conventional residential loans and FHA and VA loans by
purchasing mortgages from members of the Federal Reserve
System and the Federal |
|
FICTITIOUS NAME |
A name
adopted for business purposes other than the true name of
owner. |
|
FIDUCIARY |
One who
holds a position of trust and confidence requiring
scrupulous good faith and candor. |
|
FINAL
MAP |
See
Subdivision Map. |
|
FINANCIAL |
Financial
Code |
|
FINANCING STATEMENT |
A
document prepared for filing with the appropriate local
Recorder or the Secretary of State indicating that personal
property or fixtures are encumbered with a debt. |
|
FIXTURES |
Any item
of personal property so attached to real property that it
becomes a part of the real property. |
|
FNMA
(Fannie Mae) |
Federal
National Mortgage Association, a federally sponsored private
corporation which provides a secondary market for housing. |
|
FORECLOSURE SALE |
Process
whereby property pledged as security for a debt is sold to
pay the debt in event of default in payment of terms. |
|
FORECLOSURE |
Enforcement of a lien by sale of property given as security |
|
FORFEITURE |
The loss
of a right, title or interest in property as consequence of
a default under an obligation. |
|
FRANCHISE |
A special
privilege conferred by government or a contractual right to
engage in a business under trade name owned by another. |
|
FREEHOLD |
An estate
in land of uncertain duration. |
 |
|
G |
|
GC |
Government Code. |
|
GENERAL INDEX |
A title
company's or recorder's office record of matters affecting
title to land maintained according to names of individuals
and entities rather than by real property description. |
|
GENERAL POWER OF ATTORNEY |
May
include any or all types of transactions. |
|
GOVT. |
Government Code |
|
GRANT |
To bestow
or confer, with or without compensation, a gift or bestowal
by one having control or authority over it as of land or
money. |
|
GRANT
DEED |
A written
instrument transferring title to real property. |
|
GRANTEE |
A person
who acquires an interest in land by deed, grant or other
written instrument. |
|
GRANTOR |
A person
who, by a written instrument, transfers to another an
interest in land. |
|
GROSS
RENT MULTIPLIER |
A number
which, times the gross annual income of a property, produces
an estimate of value. |
|
GUARANTEE OF TITLE |
A form of
evidence of title based solely upon public record
disclosures. |
|
GUARDIAN |
One
appointed by the court to administer the affairs of an
individual not capable of administering his own affairs. |
 |
|
H |
|
H & S |
Health
and Safety Code |
|
HEIR |
A person
entitled by law to inherit property of a decedent. |
|
HEIRS
AND ASSIGNS |
Terms
used in deeds and wills to provide that the recipient
receives a "fee simple estate" in lands rather than a lesser
interest. |
|
HEREDITAMENTS. |
Anything
capable of being inherited. |
|
HOLDING AGREEMENT |
A form of
a trust where trustee holds legal title to real property
with no active duty of management or control. |
|
HOLOGRAPHIC WILL |
A will
entirely written, dated and signed by the testator in his
own handwriting. |
|
HOMEOWNER'S EXEMPTION |
A credit
or reduction in property taxes available to tenant owners. |
|
HOMESTEAD |
A
personal residence. |
|
HOMESTEAD DECLARATION |
A
document providing limited statutory protection of real
property, used as a hone, from the claims of certain
creditors. |
|
HOMESTEAD EXEMPTION |
See
Homestead Declaration. |
 |
|
I |
|
IDENTITY |
Sameness. |
|
IMPROVEMENTS |
Those
additions to raw lands tending to increase value such as
buildings, streets, sewers, etc. |
|
IN
PERSONAM |
Against
the person. |
|
IN
PROPRIA PERSONA |
In his
own person, himself. Abbreviated to "pro per". |
|
IN RE |
In the
matter of. |
|
IN REM |
Against
property. |
|
INDEMNITY |
Compensation given for a loss sustained. |
|
INDEMNITY AGREEMENT |
An
agreement relieving a person of an obligation to compensate
for a potential loss. A hold harmless agreement. |
|
INDENTURE |
A deed or
other document to which two or more persons are parties and
in which these enter into reciprocal and corresponding
grants of obligations towards each other. |
|
INGRESS |
The act,
or right of entering. (Access) |
|
INHERITANCE TAX |
A tax
imposed upon the privilege of succeeding to the title of a
decedent. |
|
INSTALLMENT LAND SALES CONTRACT |
An
agreement entered into for the sale and purchase of property
under which the purchase price is paid in installments.
Title is retained by seller until contract provisions have
been met, AKA Contract of Sale or Land Contract |
|
INSTRUMENT |
A written
paper signed and delivered by one person to another,
transferring the title to or giving a lien on property, or
giving a right to a debt or duty. |
|
INTERLOCUTORY DECREE |
A decree
made pending final outcome of the cause prior to final
hearing on the merits. |
|
INTESTATE |
Designates the estate or condition of failing to leave a
will at death. "To die intestate". |
|
INURE |
To serve
to the use or benefit. |
|
INVOLUNTARY LIEN |
When
affecting real property, a lien created without the consent
of or execution by the property owner. |
|
IPSO
FACTO |
Of
itself; by the very fact of. |
 |
|
J |
|
JOINDER |
One or
more persons acting in unison; joining together. |
|
JOINT
PROTECTION POLICY |
A policy
insuring more than one interest, that is, the interest of
both owner and lender. |
|
JOINT
TENANCY |
A form of
co-ownership by two or more persons in equal shares
characterized by the incident of survivorship |
|
JOINT
VENTURE |
A form of
business organization composed of two or more persons to
conduct a single enterprise for profit. |
|
JUDGMENT |
A final
determination in a court of competent jurisdiction of the
rights of the parties to an action or proceeding. |
|
JUDGMENT LIEN |
A
statutory lien created by recording a judgment, or an
abstract, ordering the payment of a sum of money. |
|
JUNIOR
LIEN |
A lien of
inferior priority. |
|
JURAT |
The
portion of a certificate of affidavit stating when, where
and before whom it was sworn. |
|
JURISDICTION |
The right
to adjudicate concerning the subject matter in a given
case. |
 |
|
L |
|
L.S. |
Abbreviation for "locus sigilli" meaning the place for a
seal. |
|
LABOR |
Labor
Code |
|
LACHES |
Inexcusable delay in asserting a right. |
|
LAFCO |
Local
Agency Formation Commission. |
|
LAND
SALES CONTRACT |
See
Installment Land Sales Contract |
|
LANDOWNER'S ROYALTY |
An
interest in unsevered oil and gas granted to a third person
or reserved by a landowner on occasion of his alienation of
an interest in real property. |
|
LANDS.
TENEMENTS, HEREDITAMENTS. |
Inheritable lands or interests in them. |
|
LATENT |
Concealed. |
|
LATERAL SUPPORT |
The
support the soil gives to the land of an adjacent
owner. |
|
LEASE |
A
contractual possessory interest in real property for a
specific term. |
|
LEASEHOLD |
The
estate for years created by a lease. |
|
LEGACY |
A gift of
personal property by will. |
|
LEGAL
DESCRIPTION |
A
description of real property sufficient to locate it on the
ground by reference to government surveys or approved
recorded maps. |
|
LESSEE |
One who
takes lands upon a lease. |
|
LESSOR |
One who
grants lands under a lease. |
|
LETTERS OF ADMINISTRATION |
Formal
written evidence of court appointment of a conservator of
the person, or of the estate of an intestate decedent. |
|
LETTERS OF CONSERVATORSHIP |
Formal
written evidence of court appointment of a conservator of
the person, or of the estate, or of the person and estate of
a conservatee. |
|
LETTERS OF GUARDIANSHIP |
Formal
written evidence of court appointment of a guardian for the
person, estate, or person and estate of a minor or of an
incompetent. |
|
LETTERS TESTAMENTARY |
Formal
written evidence of court appointment of a personal
representative of the estate of a testate decedent. |
|
LEVY |
Seizure
of property by judicial process. |
|
LIEN |
An
encumbrance which makes property security for the payment of
a debt or discharge of an obligation. |
|
LIFE
BENEFICIARY |
A person
entitled to receive a benefit for life. |
|
LIFE
ESTATE |
An estate
measured in duration by the lifetime of a natural
person. |
|
LIMITATIONS, STATUTES OF |
Statutes
limiting the time within which parties having a cause of
action must institute proceedings to enforce the same. |
|
LIMITED PARTNERSHIP |
A
partnership consisting of a general partner or partners and
limited partners. The limited partners do not act as
managers and their liability is limited to their invested
capital. |
|
LINEAL |
In a
direct line. |
|
LIS
PENDENS |
A
recorded notice of the pendency of an action. |
|
LITE
PENDENTE |
While the
action is pending. |
|
LIVING
TRUST |
A trust
becoming operative in the lifetime of the person creating
it. |
|
LOAN
POLICY |
A policy
of title insurance insuring the interest of a lender. |
|
LOAN
TO VALUE RATIO |
The
percentage of a property's value that a lender can or may
loan to a borrower. |
|
LOSS
PAYABLE CLAUSE |
An
endorsement to an insurance (fire) policy specifying parties
(lenders) entitled to participate in proceeds in the event
of loss. |
|
LOT
SPLIT |
A
colloquial term for the division of one parcel into two or
more parcels. |
 |
|
M |
|
M & V |
Military
and Veterans Code |
|
MAJORITY |
The age
at which a person is entitled to handle his own affairs. |
|
MAP
ACT |
The
Subdivision Map Act (Government Code 66410 et seq.)
regulating the subdivision of land. |
|
MARKET
VALUE |
See Fair
Market Value |
|
MARKETABLE TITLE |
A good
title about which there is no fair or reasonable doubt in
law and fact. |
|
MEAN |
Intermediate. |
|
MEANDER |
To follow
a winding course. |
|
MECHANIC'S LIEN |
A
statutory lien in favor of persons contributing labor,
material, supplies, etc., to a work of improvement upon the
real property. |
|
MERIDIANS |
Imaginary
north-south lines which intersect base lines to form a
starting point for the measurement of land. |
|
METES
AND BOUNDS |
The
lengths and directions of lines as in the boundaries of a
tract of land. |
|
MINOR |
A person
who has not yet reached the age of legal competence under
state law. |
|
MONUMENTS |
An object
or mark employed by a surveyor to fix or to establish
boundaries or land location. |
|
MORATORIUM |
A
temporary suspension by statute of the enforceability of a
debt. |
|
MORTGAGE |
An
instrument used to encumber land as security for a
debt. |
|
MORTGAGEE |
A
designation for the mortgage lender on lands. |
|
MORTGAGOR |
A
designation for the mortgage borrower on lands. |
|
MUNIMENTS OF TITLE |
Deeds and
other original documents comprising a chain of title to a
parcel of real property. |
|
MUTUAL
WATER COMPANY |
A company
organized for the purpose of providing water to its members. |
 |
|
N |
|
NON
JUDICIAL FORECLOSURE SALE |
Sale of
property pursuant to the power of sale provisions contained
in a security instrument. |
|
NOTARIZE |
To prove
execution of a document by means of a notary public's
certificate of acknowledgment. |
|
NOTARY
PUBLIC |
A person
authorized by law to take acknowledgments and to administer
oaths. |
|
NOTE |
A common
reference to a promissory note. |
|
NOTICE |
Actual
notice: express or implied knowledge of a fact. See also
Constructive notice. |
|
NOTICE
OF ACTION |
A lis
pendens. |
|
NOTICE
OF ADVANCE |
To
evidence an advance of additional monies under a previously
recorded deed of trust. |
|
NOTICE
OF CESSATION |
A
recorded notice shortening the time for filing mechanic's
lien where work ceased prior to completion. |
|
NOTICE
OF COMPLETlON |
A notice
recorded within ten days of completion of a work of
improvement signaling commencement of the time period within
which claims of mechanics' liens must be recorded. |
|
NOTICE
OF DEFAULT |
A
recorded notice of a trustor's failure to perform his
obligation under a deed of trust. The initial step in non
judicial foreclosure of a deed of trust. |
|
NOTICE
OF NON-RESPONSIBILITY |
A
recorded notice by an owner of real property that he will
not be responsible for payment of costs of improvements
contracted for thereon by some other person. |
|
NUNC
PRO TUNC |
Now for
then; a tardy act made retroactive to the time when it
should have been done. |
 |
|
O |
|
OMNIBUS CLAUSE |
Provision
in a decree of distribution by which any property of a
decedent not specifically described is distributed. |
|
OPEN
END MORTGAGE |
A
mortgage or deed of trust written so as to secure and permit
advancing funds in addition to the amount originally loaned. |
|
OPTION |
A choice
or right, for a consideration, to do an act or force
performance of an act in the future under specific terms and
conditions. |
|
OPTIONEE |
One who
holds an option, i.e., right, for which he has paid a
consideration. |
|
OPTIONOR |
One who
grants an option to another. |
|
ORDER
CONFIRMING SALE |
A court
order confirming sale of estate property by a personal
representative, or other fiduciary. |
|
ORDINANCE |
A
legislative enactment of a city or county. |
|
OVERT
- Open. |
Open. |
|
OWNER'S POLICY |
An
insurance policy issued by a title insurer insuring title
held by an owner. |
|
OWNERSHIP |
The right
to possess and use property to the exclusion of others. |
 |
|
P |
|
PARCEL |
Any area
of land contained within a single description. |
|
PARCEL
MAP |
A
division of land into four parcels or less. |
|
PAROL |
Oral. |
|
PARTIAL RECONVEYANCE |
Transfer
of legal title from the trustee to the trustor (borrower or
successor in interest) as to a portion of the property
encumbered by a trust deed after specified conditions have
been met. Usually involves payment of a predetermined
principal amount. |
|
PARTIAL RELEASE CLAUSE |
Provision, usually in a security instrument, providing for
the conveyance of legal title or release from encumbrance of
a portion of the entire property held or encumbered upon
satisfaction of specified conditions, usually payment of a
specified principal |
|
PARTITION |
Division
of land, usually by a legal proceeding, among the parties
who were formerly co-owners. |
|
PARTNERSHIP |
An
association of two or more persons to carry on as co-owners
of a business for profit. |
|
PARTY
WALL |
A wall
located on a boundary line and used by both owners. |
|
PATENT |
A
conveyance of to public land executed by the federal or
state government. |
|
PAYMENT BOND |
Bond
issued by a surety guaranteeing payment of a contractor's
obligations for labor and materials related to a
construction project. |
|
PENAL |
Penal
Code |
|
PERFORMANCE |
The
fulfillment of a duty or obligation to the point where the
obligation is deemed to be satisfied. |
|
PERFORMANCE BOND |
Bond
issued by a surety that a contractor will perform the
physical work called for by contract in accordance with
plans and specifications. |
|
PERSONAL PROPERTY |
Movable
or harvestable property; property which is not real
property. |
|
PLAINTIFF |
The party
initiating an action. |
|
PLAT
OR PLOT |
A map
representing a piece of land subdivided into lots with
streets shown thereon. |
|
POLICY
OF TITLE INSURANCE |
A
contract indemnifying against loss resulting from a defect
in title to the interest or lien in real property insured. |
|
POWER
OF ATTORNEY |
An
instrument authorizing another to act on one's behalf as his
agent or attorney. |
|
PR |
Public
Resources Code |
|
PREAMBLE |
The
introductory portion of a contract or agreement |
|
PREEMPTION |
The act
of purchasing before or ahead of another person. |
|
PREEMPTiON ENTRY |
An entry
upon public lands of the United States by a settler giving
him a preferred right to acquire title. |
|
PREEMPTIVE RIGHT |
A
preferential right to purchase on same terms as offered by a
third party. |
|
PRELIMINARY 20-DAY NOTICE |
Written
notice required when a person furnishes labor, services,
equipment or material to a job site for which any claim of
lien is made. NOTE: Effective July 1, 1988 may be filed but
not recorded with County Recorder. |
|
PRELIMINARY CHANGE OF OWNERSHIP REPORT |
A form
required by the county assessor to accompany transfers of
interest in real property. |
|
PREPAYMENT CLAUSE |
Penalty
to the mortgagor for payment of the mortgage debt before it
becomes due. |
|
PRESCRIPTION |
A method
of acquiring an easement by adverse use of another's
property. |
|
PRICE |
The value
of anything exposed for sale expressed in money terms. |
|
PRINCIPAL |
A party
represented by an agent; or the chief or foremost party in a
particular transaction; or the amount of a loan to be repaid
exclusive of interest; or the assets constituting a trust
estate. |
|
PRIORITY |
The
relative superiority of competing liens and
encumbrances. |
|
PRO
RATA |
Proportionately; according to a certain rate, percentage or
proportion. |
|
PROBATE |
Relating
to proof; the proof of validity of a will of a decedent; the
proof of ownership. |
|
PROBATE |
Probate
Code |
|
PROBATE COURT |
A
division of superior court having jurisdiction over estates
of decedents, minors, incompetents and conservatees. |
|
PROMISSORY NOTE |
An
unconditional written promise, signed by maker, to pay,
absolutely a sum certain in money, either to the bearer or
to person therein designated or his order. |
|
PROPERTY |
The right
to possession, enjoyment, and disposition of all things
subject to ownership. |
|
PUBLIC
RECORDS |
Records
which by law impart constructive notice of matters relating
to real property. |
|
PUC |
Public
Utility Code |
|
PURCHASE MONEY MORTGAGE OR DEED OF TRUST |
A trust
deed or mortgage given as part or all of the purchase price
of real property. |
 |
|
Q |
|
QUASI |
As; as
if; of similar nature. |
|
QUASI
COMMUNITY PROPERTY |
Property
acquired by a married person while domiciled outside
California which would have been community property if the
acquiring spouse had been domiciled in California. |
|
QUIET
TITLE ACTION |
The name
of an action brought to establish a title to property or to
remove a cloud on the title. |
|
QUIT
CLAIM DEED |
A deed to
relinquish any interest in property which the grantor may
have, without any warranty of title or interest. |
 |
|
R |
|
R & T |
Revenue
and Taxation Code |
|
RANGE |
A strip
or column of land six miles wide, determined by a government
survey, running in a north-south direction, lying east or
west of a principal meridian. |
|
RANGE
LINES |
Government survey lines running north and south at six mile
intervals starting with the principal meridian and forming
the east and west boundaries of townships. |
|
REAL
PROPERTY |
Immovable
property such as land, buildings, improvements,
appurtenances and air space. |
|
RECONVEYANCE |
Transfer
of legal title from the trustee to the trustor (borrower or
successor in interest) after a trust deed debt has been paid
in full. Result is that the property is free of the lien of
the deed of trust released. |
|
RECONVEYANCE |
A
document extinguishing the lien of a deed of trust. |
|
RECORD |
To
incorporate into the public records of the County Recorder;
ALSO, the system of public records imparting constructive
notice of title to claims, or interests in real property. |
|
RECORDING |
The act
of filing documents for record in the office of the County
Recorder. |
|
REDEMPTION |
The act
of buying back property previously sold in judicial
proceedings. |
|
REDEMPTION RIGHT |
The right
of a debtor to reacquire title to property formerly owned by
him but sold through judicial process to satisfy his debts. |
|
REFORMATION ACTION |
Proceedings instituted for the purpose of correcting
mistakes in documents. |
|
RELEASE |
A
document extinguishing the lien of a mortgage, judgment,
mechanic, etc. ALSO, a document absolving another of
liability. |
|
REQUEST FOR NOTICE |
Recorded
request by anyone desiring written notice of the recording
of a notice of default under a trust deed or of the
scheduling of a trustee's sale thereunder. ALSO, recorded
request of anyone desiring notice of the scheduling of an
execution sale fore |
|
REQUEST FOR RECONVEYANCE |
Written
instruction of a beneficiary under a deed of trust addressed
to the trustee, acknowledging satisfaction of the secured
obligation, and directing the trustee to reconvey the
property to the borrower or successor in interest. |
|
RESCISSION |
The act
of canceling or annulling the effect of a
document. |
|
RESERVATION |
A right
or an interest retained by a grantor in a
conveyance. |
|
RESIDUE |
That
portion of a decedent's estate remaining after payment of
debts, taxes and distribution of specific bequests and
devises. |
|
RESTRICTIONS |
Impediments, limitations or prohibitions respecting use of
real property imposed in deed, declaration or agreement. |
|
REVERSION |
Provision
in conveyance by which, upon the happening of an event or
contingency, title to the land will return to the grantor or
his successor in interest in the land. |
|
RIGHT
OF SURVIVORSHIP |
The right
to succeed to the interest of a deceased. |
|
RIGHT
OF WAY |
A right
to pass over or to cross a parcel of land. |
|
RIPARIAN |
Pertaining to the bank of a river or stream. The owner of
land adjacent to a watercourse is called a riparian, and the
rights of the riparian owner related to that watercourse are
called riparian rights. |
 |
|
S |
|
S & H |
Street
and Highway Code |
|
SALE
AND LEASEBACK |
A
transaction in which a grantee in a deed leases the same
property back to his grantor without a change in its
possession. |
|
SATISFACTION |
The
performance of the terms of an obligation. |
|
SCILICET |
To-wit,
that is to say; namely, abbreviated as "ss". |
|
SEAL |
An
impression on a document lending authenticity to its
execution. |
|
SEARCHER |
A person,
often a title company employee, who examines the links of
ownership, interests or rights (chain of title) to a piece
of real property. |
|
SECTION |
A measure
of land generally one mile square and containing 640 acres
of land. |
|
SECURED PARTY |
The party
having the security interest. |
|
SECURITY AGREEMENT |
An
agreement between the secured party and the debtor which
creates the security interest. |
|
SEPARATE PROPERTY |
Property
owned by a married person in his or her own right outside of
the community interest. |
|
SERVIENT TENEMENT |
The
estate burdened by an easement. |
|
SERVITUDE |
A right
in another's property in the nature of an easement. |
|
SET
BACK LINES |
Those
lines which delineate the required distances for the
location of structures in relation to the perimeter of the
property. |
|
SEVERALTY OWNERSHIP |
Ownership
of property by one person; sole ownership. |
|
SHERIFF'S DEED |
Conveyance of title to a debtor's property as a consequence
of an execution sale. |
|
SITUS |
The
location of property. |
|
SPECIAL ASSESSMENTS |
Charges
imposed upon real property especially benefited by a local
public improvement. |
|
SPECIAL POWER OF ATTORNEY |
May be
limited to only special transactions. |
|
STATUS |
The legal
position of an individual; i.e. adult, minor, etc. |
|
STOP
NOTICE |
A notice
given a construction lender by an unpaid contributor to a
work of improvement for the purpose of intercepting funds. |
|
SUBDIVISION |
The
division of a tract of land into separate parcels. |
|
SUBDIVISION MAP |
A
division of land into five parcels or more. |
|
SUBJECT TO |
The
recognition of an existing lien or encumbrance but not
assuming personal liability thereof. |
|
SUBORDINATE |
To make
inferior in priority. |
|
SUBORDINATION AGREEMENT |
An
agreement changing the priority of interests. |
|
SUBSTITUTION |
The
appointment of a person to act in the place and stead of
another. |
|
SUMMONS |
A court's
direction to the sheriff to act in the place and stead of
another. |
|
SURETY |
One who
guarantees the performance of an obligation by
another. |
|
SURVEY |
A process
of measuring a parcel of land and ascertaining its area and
boundaries. |
|
SYNDICATE |
A pooling
arrangement or association of persons investing in real
property by buying shares in an organization. |
 |
|
T |
|
TAX
DEED |
A deed
issued to a purchaser following a sale necessitated by the
nonpayment of real property taxes. |
|
TAX
SALE |
Sale
conducted for the purpose of collecting delinquent taxes
assessed to a parcel of real property. |
|
TENANCY ENTIRETY |
A form of
co-ownership by husband and wife, characterized by the
inability of one spouse alone to convey or encumber and by
the incident of survivorship. |
|
TENANCY IN COMMON |
A form of
co-ownership of property by two or more persons in undivided
interests. |
|
TENANT |
Any
person in possession of real property with the owner's
permission. |
|
TENDER |
An
unconditional offer to pay a debt or to perform an
obligation. |
|
TENEMENTS |
All
rights in land passing with a conveyance thereof. |
|
TENTATIVE MAP |
A
proposed subdivision map required to be submitted to and
approved by the local government agency before approval of a
final subdivision map. |
|
TENURE |
The mode
or manner in which a title to land is held. |
|
TESTAMENT |
True
declaration of a person's last will. |
|
TESTAMENTARY TRUST |
A trust
created by the last will and testament of a decedent. |
|
TESTATE |
The
estate or condition of leaving a will at death. "To die
testate". |
|
TESTATOR |
One who
makes a will. |
|
TESTATRIX |
A woman
who makes or has made a testament or will. |
|
TIME
IS OF THE ESSENCE |
Clause in
a contract indicating punctual compliance is
required. |
|
TITLE |
The
evidence or right which a person has to the ownership and
possession of land. |
|
TITLE
DEFECT |
Any legal
right held by others to claim property or to make demands
upon the owner. |
|
TITLE
INSURANCE |
Assurance
of indemnification for loss caused by defects in the title
to real property or to an interest therein which is insured. |
|
TITLE
PLANT |
The
records of a title company assembled and maintained for the
purpose of issuing evidences of title to real property. |
|
TITLE
POLICY |
A
contract indemnifying against loss resulting from a defect
in the title to the interest or lien in real property
insured. |
|
TITLE
REPORT |
A report
which discloses condition of the title. |
|
TOPOGRAPHY |
The
nature of surface of land, i.e. level, rolling,
mountainous. |
|
TORRENS |
A system
of registration of land title no longer lawful in California
but utilized in some other states. |
|
TOWNSHIP |
A
territorial subdivision six miles long, six miles wide and
containing 36 sections, each one mile square, located
between two range lines and two township
lines. |
|
TOWNSHIP LINES |
Government survey lines running east and west at six mile
intervals starting with the principal base line and forming
the north and south boundaries of townships. |
|
TRACT |
A parcel
of land divided into smaller parcels called lots. |
|
TRADE
FIXTURES |
Articles
of personal property, fastened to real property necessary to
carry on a trade or business. |
|
TRADE
NAME |
The name
under which an organization does business. |
|
TRANSFER TAX |
A tax
imposed upon transfers of title to real property. |
|
TRUST |
A right
of property held by one for the benefit of another. |
|
TRUST
DEED |
Same as
deed of trust. |
|
TRUSTEE |
One who
holds property in trust for another. Third party under a
deed of trust. |
|
TRUSTEE'S DEED |
The deed
given by the trustee under a deed of trust when the secured
property is sold under power of sale. |
|
TRUSTEE'S SALE |
Foreclosure sale conducted by the trustee in the exercise of
a power of sale. |
|
TRUSTOR |
The
debtor on a trust deed or deed of trust. |
 |
|
U |
|
UCC |
Uniform
Commercial Code |
|
UNDIVIDED INTERESTS |
Unsegregated interests of co-owners in the entire property
owned by them as tenants in common. |
|
UNIFORM COMMERCIAL CODE |
A unified
and comprehensive method for regulation of security
transactions in personal property. |
|
UNJUST
ENRICHMENT |
Mistake
or misfortune of one person unfairly benefiting
another. |
|
UNLAWFUL DETAINER |
An action
brought for recovery of possession of real property. |
|
USCA |
United
States Code Annotated |
|
USURY |
An
interest rate greater than that permitted by law. |
 |
|
V |
|
VA
LOAN |
A loan
made to qualified veterans for the purchase of real property
wherein the Veteran's Administration guarantees the lender
payment. Usually requires little or no down payment. |
|
VALID |
Sufficient in law; effective. |
|
VALUE |
Present
worth of future benefits arising out of ownership. |
|
VARIABLE INTEREST |
Interest
rates fluctuating up or down according to current cost of
money. |
|
VENDEE |
A buyer
or purchaser. |
|
VENDOR |
A seller. |
|
VENUE |
The
county in which an action is brought; ALSO, the place where
an acknowledgment is taken. |
|
VERIFICATION |
A sworn
statement before a qualified officer (notary public), that
the contents of a writing are true; or an unsworn statement
by an individual under penalty of perjury. |
|
VEST |
To give
an immediate fixed right to property. |
|
VESTED
INTEREST |
A
property interest that is fixed or determined. |
|
VESTEE |
Present
record owner. |
|
VETERANS LOAN |
See VA
Loan. |
|
VOIDABLE |
That
which is capable of being adjudged void by it not void
unless action is taken to make it so. |
|
VOLUNTARY LIEN |
Any lien
placed on property with consent of or as a result of the
voluntary act of the owner. |
 |
|
W |
|
WAIVE |
To
release or abandon a right or a privilege. |
|
WAIVER |
The act
of releasing or abandoning right or privilege. |
|
WARRANTY DEED |
A deed
containing express covenants as to good title and right to
possession. |
|
WASTE |
The
destruction, or material alteration of, or injury to
premises. |
|
WATER |
Water
Code |
|
WATER
RIGHT |
The right
of an owner of land to use water adjacent to or below the
surface of his land. |
|
WILL |
A written
legal declaration of a person expressing his/her desires for
the disposition of that person's property after his/her
death. |
|
WRAP-AROUND DEED OF TRUST |
Same as
an "all inclusive deed of trust"; one incorporating the
balance due under a prior deed(s) of trust. |
 |
|
X |
|
X |
A mark
executed by an individual who cannot write. One witness
writes the person's name and signs as one of two witnesses
required for acknowledgments. |
 |
|
Y |
|
YIELD |
The
interest (AKA return, profit) earned by an investor on an
investment. |
 |
|
Z |
|
ZONE |
Area in a
community designated for specified use and purpose |
|
ZONING |
Governmental regulations as to use of real property in
specified areas. |