Terms to know in Real Estate Investing – B
We are not lawyers, we are real estate investors!
This is an exhaustive glossary for USA, Canada, Australia and New Zealand
Deeds of Trusts and Mortgages, Title Companies and Lawyer Closings, lots to know. We place great terms here.
The provinces have different terms and procedures from each other. We do our best to list terms to know in canada.
The states, especially in Lease Options, have unique differences.
The North Island and the South Island have close similarities, but Lease Options are brand new, and Wraps are not favored by the banks.
A small rental dwelling unit which combines living and bedroom spaces into one room (and, sometimes, kitchen space as well). Also known as “efficiency suite” or “studio apartment”.
BACK END RATIO:
A comparison of a borrower’s monthly expenses to her gross monthly income used to assess her ability to carry a mortgage or other loan.
An Agreement of Purchase and Sale for a particular property which is conditional (becomes binding) upon the failure of another Agreement for the same property.
Often as in “balance due”, the amount of principal on a loan remaining to be paid at any given time.
A table of figures showing the assets, liabilities and net worth of a person or corporation on a given date.
BALLOON (LOAN) MORTGAGE:
A loan which is repaid by a series of small, periodic payments until a given date, when either the balance comes due in a single, large payment or the amount of the payments rises significantly;
A noun or adjective. Noun – a person or business which has made an assignment in bankruptcy or has been petitioned into bankruptcy. Adjective – owing more money than you have assets or income to repay.
The state of being unable to pay your debts such that you submit yourself to the protection of the state. A person or business may voluntarily assign himself into bankruptcy or may be petitioned into bankruptcy by his creditors. Once in bankruptcy, the person surrenders his assets to a trustee in bankruptcy who sells the assets for the benefit of the bankrupt’s creditors, first secured creditors then unsecured creditors. Once a person is discharged from bankruptcy, none of his former creditors may pursue him for his former debts.
The act of a wife waiving her rights to a specific property of her husband so that it may be transferred clear of her dower right.
The set rent payable by a tenant under a lease, to which is added Additional rents as required by the lease (for common area maintenance, for example, or for utilities).
One 100th of 1%.
A valuable document (a bond or other security) which does not bear the name of its legal owner; may be redeemed by whoever is in possession of it.
A neighbourhood or area which offers little in the way of employment opportunities but plenty of housing, similar to a “suburb” or commuter town.
BEFORE-TAX CASH FLOW:
Gross amount of money available for the use of the owner before taking into consideration taxes.
A person or corporation’s gross earnings before taxes are deducted.
BELOW-MARKET INTEREST RATE (BMIR):
A subsidized interest rate on a mortgage or loan, often provided by a government to allow for acquisition of property or reduction in rents charged to tenants.
A permanent feature on land which is used as a point of reference for a land surveyor.
A person or corporate entity entitled to receive money or assets from a trust or an estate under a will; Beneficiary: The person who receives or is to receive the benefits of a certain act; used in wills and trusts.
BENEFICIAL INTEREST: Interest in a landtrust that is assigned or sold for valuable consideration.
To leave an item of personal property to a certain person in a will (see “Devise“, which refers to gifts of land in this context).
The item bequeathed under a will.
The improvement of real estate that results in a rise in market value. Also, a legal concept of civil law: when a court award, judgment or order in favour of an injured party places that party in a better position than he would have been had his original injury never taken place.
Or semiannual. Occurring every six months or twice per year.
An offer of a certain amount of consideration.
Occurring once in every two years.
A contract which has a balance of consideration promised by the parties, where each promises performance of the contract.
A description of a house with two levels, where the main entrance to the house is between the two levels.
BILL OF SALE:
Documentary evidence that title to personal property (chattels) has passed to the Purchaser for valuable consideration.
A written commitment from an insurance company to insure a property or a certain risk.
BIRD DOG l Bird Dogger: A person who looks for houses that potentially fit the guidelines of the properties that you prefer to purchase. Bird doggers will bring the information that you require and you will reimburse them for their efforts on whatever basis you have agreed upon.
BIWEEKLY LOAN OR MORTGAGE:
A loan which features payments equaling one half of the usual monthly payment made every two weeks (to total 26 in a year), thus substantially reducing the life of the mortgage and the interest payable over the life of the mortgage.
BLANKET INSURANCE POLICY:
A single insurance policy that applies to more than one person or property.
A mortgage or other loan payment of which a portion pays out accrues interest and the remainder is applied to outstanding principal.
Created when an old loan is refinanced and extended at an interest rate which is different from the original rate: the old debt is still payable at the old rate; the new debt is payable at the new rate; the total amount of the debt is payable at a rate of interest that is somewhere between the two rates.
An area of a community where the infrastructure and buildings have been allowed to decay.
Construction plans, containing great detail about the particular building.
BOARD OF EQUALIZATION:
United States government body with a mandate to assure uniform property tax assessments.
A standard clause or provision in a contract which appears in all similar contracts.
Made in good faith, at fair market value, without deceit or fraud.
(1) A sum of money paid into court as an assurance of the performance of some requirement or as security for payment on a claim. May be used to allow for the removal of a claim for lien from a property while the court action over the lien continues.
(2) An interest-bearing instrument.
The person or company that receives money from a lender (often a bank, credit union or trust company) in exchange for a written promise to pay and a registered lien on property.
Low lying land, near a water course or in a valley or similar geographic contour.
Edge or limit of a property. See “property line“.
BREACH (OF CONTRACT):
A failure to meet one’s obligations, whether under a contract or otherwise. A breach of contract allows the innocent party to enforce the contract, rescind the contract or sue for damages.
Also known as a “swing loan”, a loan used to fill a gap in financing, often between the purchase of a new home and the sale of the old one. If the purchase closes before the sale, the home owner needs to borrow enough money to pay for the new house for the period of time before the equity in his old house comes available as a result of the completion of the sale.
BRITISH THERMAL UNIT (B.T.U.):
A unit of heat or cooling. That required to change the temperature of a pound of water by one degree Fahrenheit.
An intermediary who brings parties together for specific purposes. A mortgage broker brings borrowers together with lenders; a real estate broker brings purchasers together with vendors. Often charges a percentage of the contract price as a fee. Specific training required to become a Real Estate Broker, a professional designation.
BROWNSTONE, BRICK ROW HOUSE, OR EASTERN TOWNHOUSE
A nineteenth-century-style row house, with up to five storeys and a front stoop, verandah or porch leading up to the front door.
A mortgage in which the borrower is required to make periodic payments not only for interest and principal, but also for insurance premiums and realty tax installments.
An area of land specifically designed to separate one zoning use from another, such as separating a residential neighbourhood from an industrial area.
BUILD TO SUIT:
An offer by a landowner to develop the land in a manner dictated by a potential tenant, in return for a long-term lease from the tenant for the developed land.
An enforceable guarantee of the quality of construction given by a builder or developer.
Set of regulations established by a municipality to govern the standards of construction in that municipality.
BUILDING LINE OR SETBACK:
The minimum distance a building or other improvement may be constructed from a property line. May be established by agreements, title documents or municipal by-laws or ordinances.
A document obtained from the local government, allowing for the construction of a structure in accordance with the terms of the permit.
Limiting rules which may appear in building codes or in title documents which control the size, placement, materials, design or location of new construction.
Items which could be chattels but which are installed so as to form part of a building.
A small, one-storey home built in a turn-of-the-century style, often with a prominent front verandah.
A day in which normal business is transacted. Generally, Monday to Friday but not weekends or holidays.
A contract between a purchaser and vendor in which the vendor agrees to repurchase the property from the purchaser if a certain event occurs within a specified period of time. The buy-back price is usually set out in the agreement.
BUY DOWN (ACCOUNT OR MORTGAGE):
The payment of extra money on a loan now so as to reduce the interest rate over a given period or over the life of the loan. This extra payment may be made by the borrower, by the lender (as an incentive to the borrower to borrow from the lender) or by the vendor/builder (as an incentive to the borrower to buy a certain property).
A real estate agent who contracts to represent the interests of a person wishing to purchase a home. (see also “selling agent“, “Purchaser’s agent“).
A condition of the real estate market where there are more properties for sale than people interested in buying them. Buyer’s have more choice and less competition for the available properties, resulting in lower prices.
A pact between partners in a business or shareholders in a company, obliging one to buy the other’s interest (and obliging the other to sell) upon the occurrence of some event stated in the agreement.
Rules enacted by a governing body of general application.