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Unit 13
Term | Definition |
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Acceleration Clause | The clause in a note or mortgage that can be enforced to make the entire debt due immediately if the mortgagor defaults |
Alienation Clause | The clause in a mortgage stating that the balance of the second debt becomes immediately due and payable at the morgagee's option if the property is sold or title is otherwise transferred |
Bond | The instrument that creates a personal obligation for a debt that is secured by a mortgage or other lien on real estate |
Default | The nonperformance of a duty whether arising under a contract or otherwise; Failure to meet and obligation when due |
Deficiency Judgement | A personal judgement levied against the mortgagor when a foreclosure sale does not produce sufficient funds to pay the mortgage in full |
Estoppel Certificate | A document in which a borrower certifies the amount he or she owes on a mortgage loan and the rate of interest |
Foreclosure | A procedure whereby property pledged as security for a debt is sold to pay the debt in the event of a default in payments or terms |
Hypothecation | A pledge of property as security for a loan without giving up possession of it |
Mortgage | A conditional transfer or pledge of real estate as security for the payment of a debt. Also, the document creating a mortgage lien |
Mortgagee | A lender in a mortgage loan transaction |
Mortgagor | A borrower who conveys his or her property as security for a loan |
Note | An instrument of credit given to attest a debt |
Prepayment | And amount paid before it is due |
Real Estate Owned (REO) | Property acquired by banks and other lenders through foreclosure |
Satisfaction of Mortgage | Lenders statement that the debt has been paid in full |
Sheriff's Sale | Auction of foreclosed property |
Short Sale | A sale in which the lender agrees to accept whatever the property brings on the open market and lift the mortgage lien so the sale can close |
Subordination Agreement | Lien holders agreement to give uo priority |
Usury | Charging interest at a rate higher than the maximum established by law |