MAINTENANCE COSTS:
The expense of keeping a property in a good state of
repair.
MAINTENANCE FEE:
Charge to a unit holder in a condominium or
cooperative complex for that person's share of costs
of keeping the common-use portions of the complex in
a good state of repair.
MAJORITY:
1. More than 50%.
2. The age of majority is the age in years at which
a community considers a human being capable of
handling his own affairs and legally liable for his
actions.
MALL:
Commonly used to refer to the entire shopping
complex but properly a reference to the pedestrian
area of the mall that connects shopping areas.
MANAGEMENT AGREEMENT:
A contract between an owner of a property and a
property management firm in which the firm accepts
periodic payments for acting as supervisor of the
affairs of the property.
MANAGEMENT FEE:
The property manager's compensation.
MANAGEMENT PLAN:
A written document in which the property manager
sets out its goals and the approaches it will use to
accomplish those goals in a given period of time for
the property.
MANDATORY DELIVERY COMMITMENT:
A lender's written promise to deliver certain funds
at specified dates upon terms set out in the
commitment.
MANUFACTURED
HOUSING:
Known as "pre-fab" housing, any dwelling that is
assembled out of components (i.e. walls, floors,
roof) constructed off-site and then brought to the
building lot.
MARGIN:
The difference or the added amount. In mortgages,
the difference between the index interest rate and
the interest rate charged on the variable or
adjustable rate mortgage. Expressed in the contract
as a percentage (i.e. "prime plus three per cent").
MARGINAL LAND:
Land whose value is limited. The cost of making it
capable of producing income is generally very close
to the income it would produce.
MARINA:
A facility located on a body of water which provides
docking, storage, maintenance and other facilities
for boats.
MARKET PRICE:
The consideration actually paid for an asset in an
arm's-length transaction.
MARKET RENT:
Also known as economic rent, the amount the owner
could charge and obtain for the lease of a property
in the current economic circumstances.
MARKET RENTAL RISK:
The possibility that the market rent for a property
will change due to changing market forces, making a
long-term, fixed rent lease more or less desirable.
MARKET SEGMENTATION:
Analyzing sub-markets within a greater market.
MARKET STUDY:
An analysis of the reaction of the market to
influences such as location, demand, extra-market
economic events, etc.
MARKET VALUE:
An estimation of the price that could be obtained
for a particular asset if it were sold in an arm's
length transaction on the current market.
MARKETABLE TITLE:
Ownership of land that is without competing claims
or other defects, such that it could be sold without
complication.
MARKETING PLAN:
A written description of how a salesperson intends
to advertise a given property to obtain the best
price within a reasonable time.
MASTER ASSOCIATION:
An organization of homeowners in a large condominium
or planned unit development (PUD) which includes
representatives from other, smaller homeowner
organizations.
MASTER LEASE:
The dominant lease in a property, under which one or
more sub-leases may exist.
MATERIAL BREACH:
A contravention of the terms of a contract by one of
the parties that is so large that it changes the
very nature of the agreement between the parties and
allows the innocent party to treat the contract as
being at an end and pursue legal remedies (recision,
damages, specific performance) from the contravening
party.
MATERIAL FACT:
An important fact about one or more of the issues
involved in the contract which, if known to all
parties, may result in a different contract or no
contract at all.
MATURITY DATE:
The date upon which a mortgage loan comes due and
payable.
MEAN HIGH TIDE:
The level to which the water rose on an average day
over a previous period of time (years or decades).
MEANDER LINES:
A vivid description of the measurement used in
surveying to set out the boundary of a water course
(i.e. a stream or river).
MECHANIC'S AND
MATERIALMAN'S LIENS:
A claim against property that arises as a statutory
right of any person who supplies work or materials
to a property and is not compensated for that work.
See also "construction
lien".
MEETING OF THE MINDS:
In order for a contract to be enforceable, the
parties to it must come to a common understanding of
the terms of their agreement. If no such common
understanding has occurred with regard to a material
clause in the contract, the contract may be voidable.
This common understanding is referred to at common
law as a "meeting of the minds".
MEGALOPOLIS:
A spiffy new term for urban sprawl, situations where
the expansion of several cities in a particular area
has created one continuous city, even if the
different parts retain their own name (Boston, New
York, Philadelphia, etc.).
MENACE:
Coercion, pressure. A threatening act which is aimed
at forcing a person to act against their wishes.
MERGER:
The combining of two or more independent bodies into
a single body.
MERIDIANS:
Used in government survey method, lines which form
the north-south portion of the grid.
METER:
Also known as metre. The metric system's basic unit
for linear measurement, equal to 39.37 inches.
1/10th of a meter is a decimeter; 1/100th is a
centimeter; 1/100th is a millimeter.
METES AND BOUNDS:
An older way of describing land in registered
instruments. Starting at a recognizable point (the
meeting of two roads, the corner of a lot), the
description then describes the boundaries of the
land by indicating distances and directions for each
boundary (i.e. "South 100 feet" or "South 73
degrees, five minutes west for a distance of 100
feet"), returning at the end of the description to
the beginning point.
METROPOLITAN AREA:
The land which is located in a city and in the
surrounding areas which can be said to be still part
of the economic or political sphere of the city.
MIDDLEMAN:
A slang description for a person who acts to bring
together the parties to a transaction.
MILE:
Linear measurement equaling 5,280 feet, 1,760 yards,
1,609 kilometers, or 8 furlongs. Note, a nautical
mile is equal to 6,080 feet.
MILITARY CLAUSE:
A term of a residential lease which allows a tenant
who is a member of the military to terminate the
lease upon being transferred to another place
without suffering any penalty.
MILL:
10 per cent of a penny. In many jurisdictions,
property tax assessments are based on a mill rate.
MINERAL DEED:
An instrument which transfers to the purchaser only
an interest in the subsurface portion of the
property, while retaining to the vendor the surface
and
air rights.
MINERAL LEASE:
A contract between the owner of a property and
another party allowing the other party to explore
and exploit any mineral deposits found on the
property for a limited period of time in return for
a periodic payment.
MINERAL RIGHTS:
The legal interest in the valuable items found below
the surface of a property.
MINIMUM DOWNPAYMENT:
The least amount of money a purchaser can provide
toward the purchase price of a house under a
mortgage loan program.
MINIMUM LOT SIZE:
The smallest size allowable for an independent
parcel of property under a zoning by-law or
ordinance provision.
MINIMUM PAYMENT:
The lowest amount a borrower is allowed to pay
toward a loan, line of credit or other debt in a
given period of time.
MINIMUM PROPERTY STANDARDS:
The bare essentials in the way of construction and
lot location required by the Federal Housing
Administration (FHA) before it will underwrite a
mortgage on a residential property.
MINIMUM RENT:
The lowest amount the landlord will accept under a
lease contract with a variable rent.
MINIMUM-GUARANTEED PERCENTAGE LEASE:
A lease whereby the landlord is paid periodic rent
as a percentage of the gross (or net) sales of the
tenant of the premises but where the tenant agrees
that the rental payments shall not drop below a
specified amount.
MINOR:
A person who is too young to be considered legally
competent according to the laws of the jurisdiction.
MISNOMER:
An error regarding a name.
MISREPRESENTATION:
A statement of a fact that turns out to be false.
May be innocent, negligent or fraudulent.
MISTAKE:
An innocent error. If a mistake is made by all
parties to a contract about a material fact, the
contract may be voidable.
MIXED-USE COMMERCIAL PROJECT:
A development which is designed to mix two or more
"uses" of land together (i.e. a shopping center
which offers office space for dentists, etc.)
MOBILE HOME:
A dwelling that sits on wheels and may be moved,
often under its own power.
MOBILE HOME PARK:
An area specifically designed to allow for permanent
or semi-permanent stationing of mobile homes.
MODEL HOME:
A dwelling built first by a developer to allow
potential purchasers to see what the finished
product will look like once the other homes in the
development are completed.
MODIFICATION:
A change to the terms of a contract.
MODULAR HOUSING:
See "manufactured
housing".
MONUMENT:
Any kind of marker to indicate the boundary or
corner of a parcel of land, used by surveyors.
MONTHLY DEBT SERVICE:
The periodic payments required to remain current on
all outstanding loans.
MONTHLY FIXED INSTALLMENT:
Periodic payment that is applied toward accumulated
interest and reduction of principal.
MONTHLY HOUSING EXPENSE:
The total of the costs of maintaining a home per
month, including financing, realty taxes and house
insurance.
MONTHLY TOTAL EXPENSES:
The total when monthly housing expense is added to
monthly debt service.
MORATORIUM:
A temporary ban or halt to a specific activity.
MORE OR LESS:
A term used in metes and bounds descriptions and in
Agreements between Vendors and Purchasers of land to
indicate that the measurement given may not be
exact.
MORTGAGE:
A loan which is secured against property (i.e.
registered on title as a claim or encumbrance on the
property). Often used to purchase the property
itself.
MORTGAGE BACK:
Also known as a "vendor
take-back mortgage".
Financing of a purchase of property whereby the
vendor accepts only a portion of the purchase price
up front and accepts a mortgage (with periodic
payments and interest chargeable) for the remainder.
MORTGAGE BANKER:
A firm that offers mortgages for property purchases
but, at times, may require financial support from
larger institutions to help cover the outlay of
cash.
MORTGAGE BROKER:
A middleman who serves to bring borrowers together
with lenders. Offers the service of doing the
shopping for the borrower while often collecting a
fee from the chosen lender rather than from the
borrower.
MORTGAGE COMMITMENT:
See "commitment
letter".
MORTGAGE CORRESPONDENT:
An authorized agent of a lender for a geographic
area.
MORTGAGE DISABILITY INSURANCE:
A policy of insurance which promises to pay periodic
mortgage payments for the borrower during any future
period that borrower may be disabled from working
and, therefore, incapable of making the payments
himself.
MORTGAGE INSURANCE:
A policy of insurance which promises to pay out the
amount owing in the event that the borrower
defaults.
MORTGAGE INTEREST DEDUCTION:
A tax break for people who pay mortgage interest on
their homes.
MORTGAGE LIFE INSURANCE:
A policy of insurance which promises to pay out the
remaining balance owing on a mortgage should the
borrower die. The amount payable by the insurer
declines as the mortgage is paid down and the policy
ends upon the paying out of the mortgage.
MORTGAGE LOAN SERVICING:
The lender's actions in collecting mortgage
payments, allocating payments to principal, interest
and escrow accounts, paying out property taxes and
insurance over the life of the loan.
MORTGAGE LOAN UNDERWRITING:
The action of reviewing an application for a loan
and then advising the lender as to the risk factor
in making the loan.
MORTGAGE PROGRAM:
The bundle of features of a particular kind of
mortgage offered to the public.
MORTGAGE VALUE:
The estimate worth of a particular asset which is
established for the purposes of obtaining financing
secured against that asset.
MORTGAGEE:
The lender in a mortgage transaction. Also known as
"chargee".
MORTGAGEE IN POSSESSION:
A lender that has taken over control and occupancy
of a property upon default of the borrower to
collect income from the property and prepare for
foreclosure and sale.
MORTGAGOR:
The borrower, purchaser or homeowner in a mortgage
transaction. Also known as "chargor".
MOST PROBABLE SELLING PRICE:
An estimation of the price a property is most likely
to realize in a given market.
MULTI-DWELLING UNITS:
A property which may have one owner but offers a
number of homes for separate people or families.
MULTIFAMILY HOUSING:
Similar to multi-dwelling units, a building which
features two or more family dwellings within the
same structure. May require special zoning.
MULTIPLE DWELLING:
Also known as multi-dwelling unit.
MULTIPLE LISTING SERVICE (MLS):
A service created and run by real estate
professionals which gathers all of the property
listings into a single place so that purchasers may
review all available properties from one source. The
MLS also deals with commission splitting and other
relations between brokers and agents.
MUNICIPAL ADDRESS:
The city, street and number on the street by which a
property is known. Also known as "mailing address"
but not the same as "legal description".
MUNICIPAL ORDINANCE:
A rule set down by a local government.
MUNICIPALITY:
A generic name for any organized local government (a
city, town, etc.).
MUNIMENTS OF TITLE:
Written documents which may be used to prove an
owner's title to a property.
MUTUAL ASSENT:
A shared acceptance by two or more parties.
MUTUAL RESCISSION:
The act of ending a contract by obtaining the
agreement of all parties to the contract to treat
the contract as being at an end. |