HABENDUM CLAUSE:
A clause or series of clauses in an instrument of
conveyance (i.e. a Deed) which defines the extent of
title (i.e. fee simple or such other title) being
transferred to the new owner of land. From Latin "habendum
et tenendum", meaning "to have and to hold".
HABITABLE:
A description of a dwelling or property that is
appropriate for human occupancy.
HALF-SECTION:
320 acres of land, 72 half-sections make up a
township.
HAMLET:
1. A tragic prince of Denmark
2. A small community, smaller than a village.
HANDYMAN'S SPECIAL:
A descriptive term for a property which requires
significant work to bring it up to normal standards
of condition and repair. Often marketed at a lesser
price.
HARBOR LINE:
A boundary set by local authorities marking the
extent of the area allowed for development along the
sides of a navigable river or other body of water.
HARD SELL:
A description of a style of salespersonship in which
the potential purchaser is placed under extreme
pressure and bombarded with information and sales
pitches.
HAZARD INSURANCE:
A type of insurance designed to cover damage caused
by a peril specified in the policy of insurance
(i.e. fire, flood, etc.).
HEAVY HITTER:
Slang term for any person with substantial
resources.
HEIGHT ZONING:
The establishment of local by-laws or ordinances
which restrict the height of buildings in a certain
area. May be used in areas near airports (for safety
reasons) or natural attractions (to maintain the
view) or simply to allow the flow of air or
sunlight.
HEIR:
A person who is entitled by law to the property,
rights, privileges or position of another person if
that other person dies without a will (intestate).
HEREDITAMENT:
A descriptive term for any property that one is able
to inherit.
HIATUS:
A break or gap. In discussions of land, an area of
land that lies between two parcels of land but
appears from legal descriptions and public records
not to be a part of either.
HIDDEN AMENITIES:
Qualities of a property which may not be immediately
noticeable but add to the value of the property,
such as high quality materials used in construction.
HIGH RATIO MORTGAGE:
A mortgage in which the amount of money borrowed is
equal to or greater than 75% of the purchase
price/appraised value of the property against which
it is secured. Will require some sort of insurance,
usually provided by a government agency.
HIGH RISE:
A descriptive term for any building that has enough
floors to make an elevator a necessity.
HIGH WATER LINE OR MARK:
The highest point on the shoreline to which water in
a lake, river, stream or other body of water will
rise under normal weather conditions.
HIGHEST AND BEST USE STUDY:
An analysis of a property which is aimed at
discovering the most profitable way to develop the
property.
HIGHWAY:
In common parlance, a road which offers higher speed
limits than a normal urban street. In legal
parlance, any road which is available to use by the
public.
HISTORIC DISTRICT:
A classification (whether under zoning, heritage or
other authority) of a specific area of a community
in which the buildings and improvements have a
historical value or significance which may not be
reflected in their market value. Designation as such
a district may also involve strict rules regarding
the way the buildings and properties are dealt with.
HISTORICAL COST:
A term describing the original cost of a project,
stated in dollars of the time in which the project
was completed, with no adjustment for inflation.
HISTORICAL SCENARIO:
An attempt to predict the interest rate fluctuations
of a Variable or
Adjustable Rate Mortgage
on the basis of the behaviour of interest rates in a
previous period.
HOLD HARMLESS CLAUSE:
Also known as "save harmless clause". A clause in a
contract in which one party releases another party
for legal liability for a stated risk.
HOLDBACK:
A percentage of a contract price which is retained
by a contractor or lender until the project is
complete and all bills for that project are paid.
The percentage may be set by custom or by statute.
HOLDER IN GOOD FAITH:
A person who takes title to a property without being
notified of a defect on title or a competing claim.
HOLDING PERIOD:
The span of time in which a particular party holds
title to a property. May be expressed as the total
time (i.e. five years) or as a specific period (May,
1999 to July, 2004).
HOLDING OVER:
Also known as "overholding", the term used to
describe the action of a tenant who retains
possession of a premises after the lease has
expired.
HOLOGRAPHIC WILL:
A testamentary document which is written entirely in
the hand of the testator (the person making the
will). Is a valid will in many jurisdictions despite
the fact that it may not be properly witnessed, so
long as it shows an intention on the part of the
writer that the document be her will, it deals with
the person's assets and there are no concerns with
regard to fraud, coercion or lack of capacity.
Originally recognized to aid soldiers in the field
who, in the face of death, wished to settle their
estate.
HOME EQUITY CONVERSION MORTGAGE (HECM):
Also known as a "reverse mortgage", a loan designed
specifically for people without income but with a
great deal of equity in their home (i.e. retired
people). The loan may require periodic payments or
may simply accumulate interest on the original
principal until the property is sold (by the
borrower or after the death of the borrower).
HOME EQUITY LINE OF CREDIT:
A special kind of loan (also known as a "revolving
loan") which is secured against a property and
allows the owner to borrow and repay money at her
leisure. Periodic payments of at least accumulated
interest are required but the loan is fully open:
may be paid out in whole or in part at any time and,
if there is still money available under the loan
ceiling, the borrower may take more money for her
use.
HOME IMPROVEMENT LOAN:
A loan made for the purposes of making improvements
to a property.
HOME INSPECTION (REPORT):
The written statement of the results of the
inspection of a given property by a professional
home inspector. Will show problems and potential
problems with the property not always visible to an
average purchaser (i.e. a deteriorating roof, an
ancient furnace, termites, wood rot, basement
seepage). Many purchasers make their offer to
purchase conditional upon obtaining a satisfactory
Home Inspection report.
HOME INSPECTOR:
A person who offers a service of making a physical
inspection of homes. Qualifications may vary.
HOME KEEPER SM:
A form of Home Equity Conversion Mortgage offered by
Fannie Mae to older homeowners to allow them to use
the equity in their home to provide either a lump
sum or periodic payments to themselves.
HOME OWNER ASSOCIATION:
A cooperative effort by property owners in a given
neighborhood aimed at improving quality of life,
providing a unified political voice or combatting
identified ills.
HOME OWNER'S INSURANCE:
Liability coverage for property owners covering both
loss/damage to property or dwelling and personal
liability.
HOME RULE:
Common name for the state's transferring of power to
the local governments to pass regulations regarding
land use.
HOMEOWNER'S (HOMESTEAD) TAX EXEMPTION:
A tax break for home owners offered in certain
jurisdictions which sees property tax assessments
reduced by a certain percentage as a result of the
fact that the taxpayer resides in the property. May
require evidence of the status of ownership to be
filed periodically with taxing authority.
HOMEOWNERS' ASSOCIATION:
The non-profit organization that oversees the common
elements in a planned unit development (PUD) or
condominium project.
HOMEOWNER'S ONCE-IN-A-LIFETIME TAX EXCLUSION:
A capital gain exemption of the first $125,000.00 in
gains earned from the sale of a principal residence
by a qualified taxpayer.
HOMEOWNER'S WARRANTY (HOW) PROGRAM:
A warranty program offered by a division of the
National Association of Home Builders through
certain builders. The program sets standards for
construction and requires warranties ranging from
one to ten years in duration on everything from
minor defects in workmanship to major structural
problems.
HOMESTEAD DEED:
A method of protecting some assets from creditors by
registering a declaration on title to the owner's
homestead property.
HOMESTYLE MORTGAGE LOAN:
A mortgage specifically designed to allow owners to
improve their existing homes.
HOUSE-POOR:
A description of the state of having very little
disposable income after paying the financing and
carrying costs of one's home.
HOUSING AFFORDABILITY INDEX:
National Association of Realtors analysis, issued on
a monthly basis, of the ability of the average
family to afford the average home with only 20%
down.
HOUSING AND URBAN DEVELOPMENT (HUD):
Federal Agency charged with the duty of overseeing a
number of enactments relating to housing in America.
HOUSING ASSISTANCE COUNCIL (HAC):
Funded by HUD, an agency designed to support
low-income housing development in rural areas.
HOUSING CODE:
Municipal rules setting minimum standards for
dwellings.
HOUSING EXPENSE RATIO:
A comparison of a family's monthly gross income with
the carrying costs of their home.
HOUSING FINANCE AGENCY:
State body whose function is to provide loans to
citizens who cannot obtain home ownership loans
through normal channels.
HOUSING STARTS:
An economic indicator, the number of dwelling units
(including apartments) on which construction is
begun in a given period of time.
HUD:
See "Housing and Urban Development".
HUD I SETTLEMENT STATEMENT:
The form in which the costs of purchasing a home are
itemized.
HUD MEDIAN INCOME:
Used in determining eligibility for various HUD
programs, the average income for a family in a
specific area.
HUD-1 STATEMENT:
See "HUD I Settlement Statement".
HUNDRED PERCENT LOCATION:
The benchmark for comparisons, the property location
which provides the best rental income per square
foot for a particular type of building.
HYBRID MORTGAGE:
A form of mortgage in which the compensation to the
lender may include receiving income directly from
the use of the property.
HYPOTHECATE:
To pledge as security for a mortgage an asset of
which the pledgor retains possession (i.e. the
dwelling upon which a mortgage is registered).
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