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MORTGAGE
A method of financing in which the loan that finances the
purchase of a home also finances the purchase of personal
items such as a washer and dryer, refrigerator, stove and
other specified appliances.
participation
financing
Where a lender becomes a partner in a development. A mortgage
loan wherein the lender has a partial equity interest in the
property or receives a portion of the income from the property.
partition
Co-tenants who wish to terminate their co-ownership may file
an action in court to partition the property. Partition is
a legal way to dissolve the relationship when the parties
do not voluntarily agree to its termination. If the court
determines that the land cannot be divided physically into
separate parcels without destroying its value, the court will
order the real estate to be sold. The proceeds of the sale
will then be divided among the co-owners according to their
fractional interests.
partnership
An association of two or more individuals who carry on a continuing
business for profit as co-owners. Under the law a partnership
is regarded as a group of individuals rather than as a single
entity.
PARTY WALL
A wall which is located on or at a boundary line between two
adjoining parcels and is used or is intended to be used by
the owners of both properties in the construction or maintenance
of improvements on their respective lots.
payee
The person to whom a debt instrument, such as a check or promissory
note, is made payable; obligee, the "receiver."
payor
The debtor on a promissory note or the party who makes payment
to another.
PENTHOUSE
An apartment located on the roof of a building, or more commonly,
an apartment on the top floor of a building.
PERCENTAGE LEASE
A lease whose rental is based on a percentage of the monthly
or annual gross sales made on the premises.
PERCOLATION TEST
A hydraulic engineer's test of soil to determine the ability
of the ground to absorb and drain water.
PERFORMANCE BOND
A bond, usually posted by one who is to perform work for another,
which assures that a project or undertaking will be completed
as per agreement or contract.
PERIODIC TENANCY
A leasehold estate which continues from period to period,
such as month to month, year to year. All conditions and terms
of the tenancy are carried over from period to period, and
continue for an uncertain time until proper notice of termination
is given.
PERMANENT FINANCING
A long-term loan, as opposed to an interim loan.
PERSONAL PROPERTY
Things which are tangible and moveable; property which is
not classified as real property; chattels; personalty.
PIGGYBACK LOAN
A joint loan with two lenders sharing a single mortgage.
PLANNED UNIT DEVELOPMENT (PUD)
A modern concept in housing designed to produce a high density
of dwellings and maximum utilization of open spaces.
PLOT
A map or a town, section, or subdivision indicating the location
and boundaries of individual properties.
PLOTTAGE
The merging or consolidating of adjacent lots into one larger
lot, with the consequent result of improved usability and
increased value; also called assemblage.
POCKET LISTING
A listing which is retained by the listing broker or salesperson,
who does not make it available to other brokers in the office
or to other Multiple Listing Service members.
POINT OF BEGINNING
The starting point in a metes and bounds description of property,
which is usually a street intersection or a specific monument.
POINTS
A generic term for a percentage of the principal loan amount
which the lender charges for making the loan; each point is
equal to one percent of the loan amount. The point is used
to obtain revenue in addition to the interest rate.
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POLICE POWER
The constitutional authority and inherent power of a state
to adopt and enforce laws and regulations to promote and support
the public health, safety, morals and general welfare.
PORTE COCHERE
A roofed structure extending from the entrance of a building
over an adjacent driveway to shelter those getting into or
out of vehicles.
POSSESSION
The act of either actually or constructively possessing or
occupying property.
POWER OF ATTORNEY
A written instrument authorizing a person(the attorney-in-fact)
to act as the agent on behalf of another to the extent indicated
in the instrument.
POWER OF SALE
A clause written into a mortgage authorizing the mortgagee
to sell the property in the event of default.
PREMISES
The subject property, such as the property which is deeded
or the unit that is leased.
PREPAID INTEREST
The paying of interest before it is due.
prepaid items
On a closing statement, items that have been paid in advance
by the seller, such as insurance premiums and some real estate
taxes, for which he or she must be reimbursed by the buyer.
PREPAYMENT PENALTY
The amount set by the creditor as a penalty to the debtor
for paying off the debt prior to its maturity. The prepayment
penalty is charged by the lender to recoup a portion of interest
that he had planned to earn when he made the loan.
PREPAYMENT PRIVILEGE
The right of the debtor to pay off part or all of the debt
without penalty prior to maturity, such as in a mortgage or
agreement of sale.
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prequalify
Determine the maximum loan amount a prospective buyer
qualifies for prior to showing them properties. Failing to
prequalify may result in wasted efforts showing the prospect
properties they cannot afford to purchase.
PRE-SALE
A pre-construction sale program by a condominium developer
who is required to sell a certain percentage of units before
a lender will commit to finance construction of the project.
PRESCRIPTION
The acquiring of a right in property, usually in the form
of an intangible property right such as an easement or right-of-way,
by means of adverse use of property that is continuous and
uninterrupted for the prescriptive period.
PRESENT VALUE OF ONE DOLLAR
A doctrine which is based on the fact that money has a time
value. The present worth of a payment to be received at some
time in the future is the amount of the payment less the loss
of interest.
PRIME RATE
The minimum interest rate charged by a commercial bank on
short-term loans to its largest and strongest clients(those
with the highest credit standings).
primary lenders
Originators of real estate loans including commercial banks,
savings and loan associations and mutual savings banks.
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primary mortgage market
The mortgage market in which loans are originated and consisting
of lenders such as commercial banks, savings and loan associations
and mutual savings banks.
primary personal residence
The dwelling in which a taxpayer lives and occupies most of
the time.
PRINCIPAL
The capital sum; interest is paid on the principal. The amount
of money upon which interest is paid.
PRINCIPAL BROKER
The licensed broker directly in charge of and responsible
for the real estate operations conducted by a brokerage company.
principal meridian
The main imaginary line running north and south and crossing
a base line at a definite point, used by surveyors for reference
in location and describing land under the rectangular (government)
survey system of legal description.
PRIVATE MORTGAGE INSURANCE
A special form of insurance designed to permit lenders to
increase their loan-to-market-value ratio, often up to 95
percent of the market value of the property.
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PROBATE
The formal judicial proceeding to prove or confirm the validity
of a will. The will is presented to the probate court, and
creditors and interested parties are notified to present their
claims or to show cause why the provisions of the will should
not be enforced by the court.
PROCURING CAUSE
That effort which brings about the desired result, as in producing
the buyer for the listed property.
PRO FORMA STATEMENT
A projection of future income and expenses.
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progression
An appraisal principle that states that, between dissimilar
properties, the value of the lesser-quality property is favorably
affected by the presence of the better-quality property.
PROMISSORY NOTE
An unconditional written promise of one person to pay a certain
sum of money to another, or order, or bearer, at a future
specified time.
PROPERTY
The rights or interests a person has in the thing owned; not,
in the technical sense, the thing itself. These rights include
the right to possess, to use, to encumber, to transfer and
to exclude, commonly called the "bundle of rights."
property analysis
A study made to familiarize a property manager with the nature
and condition of a building, its relative market position,
and its estimated income and operating expenses.
property brief
Produced by the listing agent, a property brief is simply
a one-page flier about the property pointing out attractive
features. It usually contains a drawing or photograph of the
home, and is given to people the agent feels are especially
interested in the property.
PROPERTY MANAGEMENT
That aspect of real estate devoted to the leasing, managing,
marketing and overall maintenance of the property of others.
property manager
Someone who manages real estate for another person for compensation.
Duties include collecting rents, maintaining the property
and keeping up all accounting.
PROPERTY REPORT
A disclosure document required under the federal interstate
land sales act where applicable to the interstate sale of
subdivided lots.
property taxes
Assessment made by county or city assessor's office for real
property taxes. Payment dates may vary according to state
regulation.
PROPRIETARY LEASE
A written lease in a cooperative apartment building, between
the owner-corporation and the tenant-stockholder, in which
the tenant is given the right to occupy a particular unit.
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PRORATE
To divide or distribute proportionately between the seller
and buyer, e.g., taxes owed at the time of a transfer of title
from the seller to the buyer.
PROSPECT
A person or corporation who may be interested in buying or
selling real property. The prospect does not become a client
until the parties establish a fiduciary relationship, such
as upon signing a listing contract or upon executing a DROA.
prospecting
Locating owners of properties who are interested in selling,
or buyers who are interested in purchasing property.
PROSPECTUS
A printed statement distributed to describe, advertise and
give advance information on a business, venture, project or
stock issue.
PUNCH LIST
A discrepancy list showing defects in construction which need
some corrective work to bring the building up to standards
set by the plans and specifications.
pur antre vie
"For the life of another." A life estate pur autre
vie is a life estate that is measured by the life of a person
other than the grantee.
Purchase and sale agreement
A written contract signed by the buyer and seller that states
the conditions under which a property will be transferred
or sold.
PURCHASE MONEY MORTGAGE
A mortgage given to the seller as part of the buyer's consideration
for the purchase of real property, and delivered at the same
time that the real property is transferred as a simultaneous
part of the transaction.
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