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 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).
PAPER:
Slang term for a loan note given instead of a cash
payment.
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
landowner's 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 other's 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 sun's 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.
PRIME TENANT:
The biggest tenant in a commercial complex. Also
known as "key tenant" or "anchor
tenant".
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 tenant's monthly
payment is a percentage of the gross sales of the
tenant's business (although a minimum payment is
usually set out in the agreement).
PERFORMANCE:
Meeting one's 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.
PERIODIC PAYMENT CAP:
See "payment
cap".
PERIODIC RATE CAP:
See "rate
cap".
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 body's 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 person's home, used to establish their place for
voting, taxation and other civic issues.
PERSONALTY:
See "personal property".
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 homeowner's
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 BOOK:
A public record of plans, street maps, etc.
PLAT:
A detailed map which sets out lots, streets, common
areas and other features of a tract of land.
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 state's 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:
1. Gather into a group for greater effectiveness.
2. An artificial body of water for recreational
swimming.
POSSESSION:
The state of occupying, controlling, using property
to the exclusion of all others, exhibiting one's
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
donor's 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
borrower's default. The sale proceeds are allocated
first to principal and interest, then to penalties,
then to the lender's 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:
1. The periodic payment on a policy of insurance.
2. The value of a debt instrument in excess of it
face value.
3. Of highest quality.
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.
PRINCIPAL:
1. The amount of money borrowed or still owed on a
loan, without including interest.
2. The person on whose behalf an agent acts.
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:
1. The rights of ownership in lands or goods.
2. 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:
1. To investigate land for valuable mineral
deposits.
2. 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.
PUBLIC SALE:
See "public auction".
PURCHASE AGREEMENT:
See "agreement
of sale" or
"agreement of purchase and sale".
PURCHASE MONEY MORTGAGE (PMM):
See "mortgage
back". A loan from
the vendor to the purchaser to help finance the
purchase of the property.
PURCHASER:
The person who buys a property.
PURCHASE PRICE:
The consideration paid for the purchase of a
property as set out in the agreement. |