Brenda Curwick

Keller Williams Arizona Living Realty

Phone: (928) 897-6713
Office: (928) 718-6211
Fax: (888) 529-4780
brendasellsaz@yahoo.com

Definitions For Real Estate Terminology

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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 center.

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

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).

PARCEL
Another word for a piece of land.

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 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.

PARTIAL TAKING
Where a government body takes only a portion of a landowners land or rights to land by condemnation.

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
An 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 others 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 suns 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.

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 tenants monthly payment is a percentage of the gross sales of the tenants business (although a minimum payment is usually set out in the agreement).

PERFORMANCE
Meeting ones 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.

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 bodys 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 RESIDENCE
A persons home, used to establish their place for voting, taxation and other civic issues.

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.

PITI RESERVES
The amount of extra money a borrower must have to cover the cost of principal, interest and taxes on a mortgage for a set number of months.

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

PLANNED UNIT DEVELOPMENT (PUD)
A housing development where a homeowners association administers common property owned and shared by all dwelling owners in the project. Dwellings are often clustered to allow for more common space and special zoning is required for this kind of development.

PLANNING COMMISSION
An appointed board which conducts hearings to consider applications for minor variances of planning ordinances. Also known as Planning Board, Zoning Board, etc.

PLAT
A detailed map which sets out lots, streets, common areas and other features of a tract of land.

PLAT BOOK
A public record of plans, street maps, etc.

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.

POCKET CARD
Identification required by most states licensing commissions for real estate salespersons and brokers.

POINT
Equal to 1% of the principal of a mortgage, a charge levied on the borrower by the lender for originating the mortgage as prepaid interest. Also known as loan discount points.

POOL
An artificial body of water for recreational swimming.

POSSESSION
The state of occupying, controlling, using property to the exclusion of all others, exhibiting ones 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 donors 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 borrowers default. The sale proceeds are allocated first to principal and interest, then to penalties, then to the lenders 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.

PRECLOSING
A meeting of the parties to a transaction prior to the scheduled closing date to allow some or all of the documents to be signed and more complicated issues settled prior to closing.

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
The periodic payment on a policy of insurance.

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.

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

PRINCIPAL
The amount of money borrowed or still owed on a loan, without including interest.

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 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
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
A potential buyer.

PUBLIC AUCTION
A public meeting at which properties are sold to pay defaulted mortgages.

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

PURCHASE MONEY MORTGAGE (PMM)
A loan from the vendor to the purchaser to help finance the purchase of the property.

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

PURCHASER
The person who buys a property.