Glossary P

October 19, 2006 — 4 Comments

Terms to know in Real Estate Investing

post We are not lawyers, we are real estate investors!

This is an exhaustive glossary for USA, Canada, Australia and New Zealand

USA

Deeds of Trusts and Mortgages, Title Companies and Lawyer Closings, lots to know. We place great terms here.

Canada

The provinces have different terms and procedures from each other. We do our best to list terms to know in canada.

Australia

The states, especially in Lease Options, have unique differences.

New Zealand

The North Island and the South Island have close similarities, but Lease Options are brand new, and Wraps are not favored by the banks.

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PACKAGE MORTGAGE:
A loan secured against both land and chattels.

PAD SITE:
An independent location for a retailer that may be near to but not part of a mall or shopping centre.

PAPER PROFIT:
A description of the increase in the value of an asset that has not been realized (i.e. the asset has not been sold so that owner does not enjoy the profit).

PAPER:
Slang term for a loan note given instead of a cash payment.

PARCEL:
1. Another word for a piece of land.
2. In Torrens System properties, “parcel” replaces “lot” in the legal description (i.e. Parcel 5, Block 25).

PARCEL REGISTER:
The abstract index for a property registered in the Torrens System of land registration.

PAROL:
Not written, verbal.

PAROL CONTRACT:
An agreement that is not reduced to writing, that is created through spoken words.

PAROL EVIDENCE RULE:
A legal rule of evidence. A court will not allow evidence of oral discussions which purport to modify a written contract.

PARTIAL DISCHARGE:
A document signed by the mortgagees holding a blanket mortgage registered on title to several properties which removes the mortgage from title to just one of the properties.

PARTIAL INTEREST:
Ownership of property that is less than 100% or on a lower level than fee simple.

PARTIAL PAYMENT:
Any payment which is insufficient to meet the full amount required.

PARTIAL RELEASE:
A document signed by the mortgagees holding a blanket mortgage registered on title to several properties which removes the mortgage from title to just one of the properties.

PARTIALLY AMORTIZED MORTGAGE:
A very common form of mortgage in which the term is less than the amortization period such that, at the maturity date, the mortgage is not fully paid out and either refinancing or a large balloon payment is required.

PARTICIPATION (OR PARTICIPATING) MORTGAGE:
A mortgage in which the lender is entitled to a stated share of the income of the property or of sale proceeds.

PARTITION:
A court ordered division of property owned by two or more owners, may take the form of a physical division of the property or a forced sale and division of the proceeds.

PARTNERSHIP:
A form of business enterprise where two or more persons join together without forming a corporation. The partners are capable of binding each other to contracts, are liable for each other’s actions.

PARTY WALL:
A shared wall between two pieces of property, most often in row-houses, semi-detached houses, or townhouses. The shared wall generally stands on the property line.

PASSIVE SOLAR HEATING:
The maximization of the sun’s heating abilities through careful design of a building.

PATENT:
The initial transfer of title to land from government to private ownership.

PAY OUT:
To provide the lender with the total amount then required to retire a loan obligation.

PAYMENT ADJUSTMENT INTERVAL:
The period of time between changes in the amount of each periodic payment on a variable or adjustable rate mortgage.

PAYMENT CAP:
A term of some variable or adjustable rate mortgages in which the level to which the monthly payment may rise is limited to a certain dollar figure.

PAYMENT CHANGE DATE:
The date when the amount of each payment under an adjustable, variable or graduated payment mortgage changes.

PAYMENT DECREASE CAP:
A contractual limit on the amount of each periodic payment may drop at any one payment change date. Expressed as a percentage.

PAYMENT INCREASE CAP:
A contractual limit on the amount of each periodic payment may rise at any one payment change date. Expressed as a percentage.

PAYMENT PENALTY:
Also known as “prepayment penalty” or “early payment penalty”, the fee paid by a borrower when she pays out some or all of the principal of a loan at a time when such a payment is not allowed under the terms of the loan.

PRIME TENANT:
The biggest tenant in a commercial complex. Also known as “key tenant” or “anchor tenant“.

PENALTY:
Fine for breaching a rule, term of a contract or law.

PENTHOUSE:
The dwelling(s) located at the top of a tall building, often luxurious.

PER STIRPES:
Latin term, meaning by representation. A method of dividing an estate equally among the heirs of the deceased. If an heir has predeceased, her share is divided equally by her linear descendants.

PERC TEST (PERCOLATION):
A method of determining the ability of the soil of a property to absorb liquids, used in construction projects and for septic systems.

PERCENTAGE LEASE:
A rental agreement in which the tenant’s monthly payment is a percentage of the gross sales of the tenant’s business (although a minimum payment is usually set out in the agreement).

PERFORMANCE:
Meeting one’s obligations under a contract or agreement.

PERFORMANCE BOND:
A written promise from an insurance company, stating that if a given person does not complete work required under a contract, the insurer will pay someone else to complete the work or pay damages.

PERIODIC PAYMENT CAP:
See “payment cap“.

PERIODIC RATE CAP:
See “rate cap“.

PERMANENT LOAN/MORTGAGE:
A long-term mortgage, often registered after construction is complete and the property is occupied. Also known as “end loan.”

PERMIT:
The government body’s written permission to do something which is regulated by that body.

PERPETUITY:
Endlessness. Forever. Many jurisdictions have laws against tying up a title to a property in perpetuity.

PERSON:
A legal term referring to any entity which is capable of entering a contract or suing and being sued. Generally, an adult, mentally capable human being, an incorporated company, a partnership or a government body.

PERSONAL PROPERTY:
Items owned by someone which are not land.

PERSONAL PROPERTY SECURITY ACT:
An Ontario statute which allows for the registration of liens against personal property.

PERSONALTY:
See “personal property”.

PIPELINE RISK:
Slang term describing the possibility that a lender will lose money as a result of committing to a loan at a given interest rate only to see interest rates rise in the interim before the loan transaction is closed.

PIPESTEM LOT:
See “flag pole lot“. A piece of land connected to a street by a long, narrow strip of land.

PLAINTIFF:
The person who sues in court. The person who makes a legal claim. As opposed to “defendant”.

PLAN OF SUBDIVISION:
A registered survey showing how a developer intends to subdivide and develop a large tract of land. Under Ontario’s Planning Act, the developer must obtain government approval of the Plan before registration but the registration of the plan allows the developer to sell off whole lots on the plan without further consent from the government.

PLANNING ACT:
Ontario statute which regulates, or allows the municipalities to regulate, the use and subdivision of land. A conveyance of property which contravenes the Planning Act is null and void.

PLEDGED ACCOUNT MORTGAGE (PAM):
The payment of funds into a pledged account to be used to reduce mortgage payments at a later date.

PLOT PLAN:
A survey-like diagram of a property showing current or planned improvements and uses of the land.

PLOTTAGE:
The act of acquiring a number of smaller, adjacent parcels to create one larger, more useful plot of land.

POOL:
1. Gather into a group for greater effectiveness.
2. An artificial body of water for recreational swimming.

PORTABLE MORTGAGE:
A mortgage which may be moved by the borrower in the event that the borrower sells her current property and buys a new one. “Porting” one’s mortgage usually requires the consent of the lender.

POSSESSION:
The state of occupying, controlling, using property to the exclusion of all others, exhibiting one’s right or title to property.

POTENTIAL GROSS INCOME:
The amount of money that a property will generate if it is fully utilized with no gaps, vacancies or other interruptions in income.

POWER OF ATTORNEY:
A document, signed by the donor in front of witnesses, authorizing another person to act on the donor’s behalf and to bind the donor to those actions.

POWER OF SALE:
Generally the fastest and cheapest mortgage enforcement method open to lenders. A common clause in a mortgage agreement which gives the lender the right to take over and sell the property to cure the borrower’s default. The sale proceeds are allocated first to principal and interest, then to penalties, then to the lender’s costs in exercising the power, then to other registered claimants and finally to the borrower if there is any left.

PRAIRIE HOUSE:
A long low house of the early twentieth century style, with a row of windows across the front and a plain exterior.

PRE-APPROVED MORTGAGE:
A commitment from a lender to provide a mortgage loan on stated terms to a borrower before the borrower has found a property to buy. The pre-approved mortgage allows the borrower to make a firm, cash offer on the property of choice.

PREARRANGED REFINANCING AGREEMENT:
An arrangement between lender and borrower in which the lender agrees to favorable terms for the borrower on a future refinance as an inducement to the borrower to place the original mortgage with the lender.

PREFABRICATED:
Descriptive term for a building that is put together on site from components (walls, floors, roof, etc.) built off-site (in a factory, for example).

PRE-FORECLOSURE SALE:
The sale of a property by a delinquent borrower under an agreement with the lender. The sale may not produce enough proceeds to pay out the loan but the lender will save the costs of foreclosing and selling.

PRELEASE:
To find tenants for a property before construction is completed.

PREMISES:
A descriptive term for the land, building or parts thereof involved in a particular transaction.

PREMIUM:
1. The periodic payment on a policy of insurance.
2. The value of a debt instrument in excess of it face value.
3. Of highest quality.

PREPAID EXPENSES:
Payments made on account of costs and disbursements that are not yet incurred, may be placed in an escrow account.

PREPAID INTEREST:
Charges for interest that are paid in advance of their accrual (i.e. point charges, etc.).

PREPAYMENT:
Payment of all or part of the principal of a mortgage or loan before it comes due.

PREPAYMENT CLAUSE:
A term in a mortgage that establishes the rules regarding extra payments toward principal.

PREPAYMENT PENALTY:
A fee charged to a borrower for paying out all or part of the principal of the mortgage or loan before it comes due.

PREPAYMENT PRIVILEGE:
The right of the borrower to pay out all or part of the outstanding principal before it comes due.

PRE-QUALIFICATION:
The act of going through the mortgage application process before the borrower is ready to borrow, to establish how much money the borrower could obtain under a loan.

PRESALE:
Marketing of properties under construction or simply in the planning stages.

PRESCRIPTION:
A legal term describing the acquisition of rights or obligations through the passage of time (such as adverse possession).

PRESCRIPTIVE EASEMENT:
A legally enforceable right to make use of all or part of the property of another as a result of continuous and uninterrupted use of that property for a period of time as established by statute.

PRICE-LEVEL-ADJUSTED MORTGAGE:
An adjustable or variable payment loan which uses the rate of inflation as an index.

PRIMARY LEASE:
The main lease, under which other sub-leases exist.

PRIME RATE:
The best rate charged on loans, usually saved for the best clients of the lenders. May also be set by a national institution as a benchmark or index for other lenders.

PRINCIPAL:
1. The amount of money borrowed or still owed on a loan, without including interest.
2. The person on whose behalf an agent acts.

PRINCIPAL AND INTEREST PAYMENT (P&I):
A blended, periodic payment that is enough to pay off accumulated interest and a portion of the principal.

PRINCIPAL BALANCE:
The outstanding amount owing on a mortgage without including accumulated interest.

PRINCIPAL BROKER:
The head of a real estate brokerage, licensed as a broker, who is responsible for all transactions run through the firm.

PRINCIPAL RESIDENCE:
The dwelling in which a person resides for the majority of the time.

PRINCIPAL, INTEREST, TAXES AND INSURANCE (PITI):
The four parts of many periodic loan payments.

PRIVATE MORTGAGE:
A mortgage contract in which the lender is not a registered financial institution but may be a friend, family member or individual investor.

PRIVATE MORTGAGE INSURANCE (PMI):
A policy of insurance issued by a non-governmental entity which protects a lender against the default of the borrower.

PROBATE OR PROVE:
Establishment of the validity of a will through a court process.

PRO-FORMA STATEMENT:
Latin meaning a statement “according to form”. Financial projections.

PROGRESS PAYMENTS:
Loan advances issued to a builder as construction of a building moves forward.

PROMISSORY NOTE:
A document signifying an indebtedness.

PROPERTY:
1. The rights of ownership in lands or goods.
2. Land.

PROPERTY TAX:
Also known as “realty tax”, the tax levied on ownership of property.

PROPRIETARY LEASE:
A rental agreement between a cooperative housing corporation and a share holder allowing use of a certain unit in the premises.

PRORATE:
To apportion a divisible item among parties according to their share.

PROSPECT:
1. To investigate land for valuable mineral deposits.
2. A potential buyer.

PUBLIC HOUSING:
Accommodation offered by the government to low income people for nominal rents.

PURCHASE AGREEMENT:
See “agreement of sale” or “agreement of purchase and sale“.

PURCHASER:
The person who buys a property.

PURCHASE PRICE:
The consideration paid for the purchase of a property as set out in the agreement.

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