IMPLIED CONTRACT:
An agreement which is not reduced to writing but is
created, under the common law, on the basis of the
behavior of the parties which suggests that they are
acting under an agreement.
IMPLIED WARRANTY:
A guarantee of the condition of a thing or the truth
of a statement which is created as a result of the
actions of a party but not written down.
IMPOUND:
The portion of a borrower's periodic payment on a
loan that is collected to pay for items other than
principal, interest or penalties (such as realty
taxes, insurance premiums, etc.).
IMPOUND ACCOUNT:
The trust account held by a lender into which
payments for insurance, taxes, etc., paid by the
borrower are placed prior to being disbursed by the
lender.
IMPROVED LAND:
Also known as "developed land". Opposite of "raw or
vacant land". Land which someone has, by dint of
their labour, taken out of the state of nature.
IMPROVEMENTS:
Things added to vacant land with the view to
increasing its usefulness and value, such as
buildings, parking areas, drainage works, etc.
IMPROVEMENT RATIO:
A comparison of the value of the improvements of a
property with the value of the property without the
improvements.
IMPUTED INTEREST:
Interest which is deemed to have been charged on a
loan by a court.
IN REM:
Latin term meaning "Against the thing." Used to
describe a legal action which is taken against land
rather than against the land owner, such as a bank's
foreclosure on a defaulted mortgage.
INCHOATE:
Describes something that has been begun but never
completed or a right that has arisen but is not yet
enforceable (such as Dower rights).
INCOME APPROACH:
An appraisal technique whereby the potential of the
property to produce income is used to assess its
value.
INCOME PROPERTY:
A property which is owned or developed specifically
to produce income for its owner.
INCOMPETENT:
Not capable, usually in the mental sense. When
referring to a contract or will, a person who is not
legally capable of signing and being bound to such a
document.
INCORPOREAL PROPERTY:
Real estate in which a person has a legal interest
but no right of possession and occupation.
INCURABLE DEPRECIATION:
The presence of a defect in an asset (i.e. a
building) which is too costly to fix.
INDEMNIFY:
To take responsibility for the losses and damages
suffered by another person.
INDEMNITY:
A document in which one party agrees to take
responsibility for the losses and damages suffered
by another party or parties.
INDENTURE:
Similar to a contract. An agreement between two or
more parties, often referring to land.
INDEPENDENT APPRAISAL:
An estimate of the value of a property prepared by
someone who has no interest in the property or, if a
mortgage is involved, in the lender.
INDEPENDENT CONTRACTOR:
A legal term for a person who is hired to do work
for another person but who is not an employee or
agent of that person. The hiring person is not
responsible for the actions of the Independent
Contractor nor does she owe that Independent
Contractor the same legal duties owed by an Employer
to an Employee under labor and employment laws.
INDEX:
Any rate published by an independent third party
(the government, the federal bank, etc.) which
serves as the base for calculating a variable item
in a contract. (A Variable or Adjustable Rate
Mortgage may use the Federal Bank's monthly prime
interest rate as the index for the interest charged
under that mortgage).
INDEXED LEASE:
A rental agreement where the amount of the rent to
be paid changes in accordance with changes in a
specified index (i.e. the cost of living index).
INDEXED LOAN:
Any loan whose interest rate is adjusted in
accordance with a rate published by an independent
third party (an "index").
INDIRECT COSTS:
Also known as "soft costs", those costs which are
not automatically considered in a construction
project.
INDUSTRIAL PARK:
A parcel of land specifically developed to provide
lots for industrial activities.
INDUSTRIAL PROPERTY:
A plot of land used for a factory or other
industrial use.
INFRASTRUCTURE:
Term for the public-use improvements made to an area
such as sewers, roads, bridges, and public utility
installations.
INGRESS:
The right to enter over a parcel of land not owned
by you but not to occupy the land.
INHERITANCE TAX:
An assessment payable to a level of government based
on the value of assets inherited.
INITIAL INTEREST RATE:
The rate chargeable on a mortgage on the day it is
signed.
INITIAL RATE PERIOD:
The period of time for which the "initial interest
rate" is guaranteed on a Variable or
Adjustable Rate mortgage
before it begins to change according to its "index".
INJUNCTION:
An order of a court to stop a party from committing
the act specified in the order.
INNER CITY:
A slang term for the older, central residential area
of a municipality which, in many cases, has
deteriorated into poverty.
INSIDE LOT:
Term for a property that is not on a corner at the
intersection of two roads.
INSPECTION:
A physical examination of a person, document or
other thing, such as a home.
INSPECTOR:
Any person charged with the task of making a
physical examination of a person, document or other
thing. Could be employed by a government body (i.e.
an electrical inspector, fire inspector) or by a
potential purchaser (a home inspector).
INSTALLMENT:
A regular periodic payment.
INSTALLMENT CONTRACT:
Same as land contract.
INSTALLMENT LOAN:
A loan which is paid back in periodic payments.
INSTALLMENT SALE:
The sale of a property with the Vendor taking back a
mortgage from the purchaser and paying the taxes on
the sale proceeds as they are collected.
INSTITUTIONAL LENDER:
An accredited financial organization (i.e. a bank,
trust company, credit union, etc.) which offers
loans.
INSTITUTIONAL MORTGAGE:
A loan secured against real property offered to the
land owner by a bank, credit union, trust company or
other accredited financial organization. Opposite of
"private mortgage".
INSTRUMENT:
A legal document in written form setting out certain
rights of parties to it.
INSURABLE INTEREST:
A legal right to a property which results in the
holder of that right suffering damages in the event
of the destruction of the property.
INSURABLE TITLE:
Ownership of land which a Title Insurance Company is
willing to insure.
INSURABLE VALUE:
The cost of replacement of all improvements to a
property which could conceivably be destroyed.
INSURANCE:
A contract in which one party agrees to compensate
another party for any losses or damages caused by
risks identified in the contract in exchange for the
payment of a lump sum or periodic amounts of money
to the first party.
INSURANCE BINDER:
Written evidence that insurance is in effect with
regard to the property and the risks set out in the
binder. Temporary in nature, the binder assures
coverage until permanent coverage can be arranged.
INSURANCE COVERAGE:
Term to describe the monetary limits and risks
covered as set out in a contract or policy of
insurance.
INSURED CLOSING LETTER:
A promise by a Title Insurance Company to a lender
to pay for all costs and losses to the lender which
might result from the actions of the Company's
closing agent while closing a transaction.
INSURED MORTGAGE:
A loan secured against land for which an insurance
policy exists promising to compensate the lender for
all losses and costs resulting from the borrower's
failure to meet her obligations under the loan
agreement.
INTER VIVOS:
Latin meaning "during life". Used to describe a gift
made during a person's lifetime (as opposed to a
bequest in a will) or a trust.
INTEREST:
1. A person's legal right to an asset or property.
2. The cost of borrowing money, charged as a
percentage of the outstanding amount owed.
INTEREST ADJUSTMENT DATE:
The date upon which the borrower is required to pay
accrued interest on the borrowed principal under a
mortgage, which date falls one full payment interval
before the first payment date as set out in the
agreement. For example, if a mortgage is advanced on
May 15 to be paid on the first day of each month,
June 1 would be the interest adjustment date and
July 1 the first payment date. On June 1, the
borrower would be required to pay the interest that
has accrued on the principal since the date of the
advance (May 15).
INTEREST ACCRUAL RATE:
The rate, stated as a percentage, at which interest
accumulates on a mortgage.
INTEREST PAYMENT:
The portion of each periodic payment on a loan,
expressed in dollars, which is allocated toward
accrued interest.
INTEREST RATE ADJUSTMENT
PERIOD:
The length of time between changes in interest rate
on an Adjustable or
Variable Rate Mortgage.
INTEREST RATE BUY DOWN PLAN:
A method of reducing the effective interest charged
to a borrower. A third party (often a vendor)
deposits a lump sum into an account, portions of
which are then used to reduce the amount required
from the borrower for each periodic payment over a
set period of time.
INTEREST RATE CAP:
A clause in an Adjustable or
Variable Rate Mortgage
which limits the change in the interest rate
charged. May limit change within a single adjustment
period or over the life of the mortgage.
INTEREST RATE CEILING:
The highest rate of interest chargeable under a
Variable or
Adjustable Rate Mortgage,
as set out in the mortgage contract.
INTEREST RATE FLOOR:
The lowest rate of interest chargeable under a
Variable or
Adjustable Rate Mortgage,
as set out in the mortgage contract.
INTEREST-ONLY LOAN:
A debt for which the periodic payments are enough to
pay only the interest which accumulates on the
principal over the payment period. Principal is due
at maturity.
INTERIM FINANCING:
1. A construction loan to pay for costs up to
completion;
2. Another name for a bridge loan, a short-term loan
designed to cover a gap of time between the purchase
of a new home and the sale of the old when equity
becomes available.
INTERNATIONAL ARCHITECTURE:
Simple style of house, with little or no
ornamentation.
INTERSTATE LAND SALES ACT:
Federal law administered by HUD regulating the
practice of the sale of land between people in
different states.
INTERVAL OWNERSHIP:
Where title in a property is shared among a group of
people, each of whom is entitled to occupation of
the property for a specified period of time each
year. Also known as "time-sharing".
INTESTATE:
1. A person who dies without leaving a will.
2. A description of having died without leaving a
will.
INVERSE CONDEMNATION:
A court remedy for a private land owner whose
interest or ownership in land has been interfered
with or taken away outright by a governmental body.
INVESTMENT PROPERTY:
A piece of real estate that is owned for the
purposes of financial gain, either through
appreciation in value or through income from the
property
INVOLUNTARY CONVERSION:
Loss of land through natural forces or through
government action.
INVOLUNTARY LIEN:
A claim registered against a property without the
consent (and sometimes without the knowledge of) the
owner of the land.
IRREVOCABILITY DATE:
Time and day specified in an offer until which the
offeror may not retract the offer, until which the
offeree may accept the offer.
IRREVOCABLE:
Unchangeable. Not able to be recalled.
ITALIAN VILLA:
A large, two- or three-story house in the Latin
style, with overhanging eaves and masonry
construction.
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