TACKING:
Adding an extra period of time to the term of a
contract.
TAKING:
1. Government acquisition of land through
condemnation.
2. Restrictions on the use of land that are so harsh
as to block any reasonable use of the property.
TANDEM PLAN:
A joint program of the Government National Mortgage
Association (GNMA) and the Federal National Mortgage
Association (FNMA) to provide low-interest home
loans.
TANGIBLE PROPERTY:
Assets that can be touched, that have a physical
existence.
TAX:
1. To strain or push to the point of exhaustion.
2. To levy an assessment against, usually by
government powers. Unpaid taxes usually form a
special lien on property owned by the taxpayer,
ahead of registered mortgages.
3. The money charged as an assessment.
TAX AND INSURANCE ESCROW:
See "escrow
account".
TAX BASE:
The pool of property, value or income from which a
government may draw assessments.
TAX DEED:
The instrument of conveyance when a property is sold
by a government body to pay for arrears of taxes.
TAX FORECLOSURE:
The process leading up to the sale of a property to
pay for arrears in taxes.
TAX LIEN:
A claim registered against a property by a
government authority for non-payment of assessed
taxes.
TAX MAP:
A pictorial representation of the properties in a
municipality, showing dimensions and other
information about each property for tax purposes.
TAX ROLL:
Also known as "assessment roll", the listing of all
properties in a jurisdiction that are subject to
taxation, including owners' names, assessed value of
each property, municipal addresses, legal
descriptions and assessment roll number.
TAX SALE:
Sale of property by a governmental body for
non-payment of taxes, ether by tender or auction.
TAX-EXEMPT PROPERTY:
A property that is not subject to realty taxes.
TEASER RATE:
A lower interest rate charged on an adjustable or
variable rate mortgage
for a brief, introductory period as an inducement to
the borrower to accept the loan from the lender.
TENANCY:
The right to use and occupy all or part of a
property under a rental agreement.
TENANCY AT SUFFERANCE:
Form of tenancy created when a tenant remains in
occupation of the premises after the end of the
lease. The landlord is at liberty to evict the
tenant at any time, subject only to the local
tenancy laws.
TENANCY AT WILL:
Form of tenancy created by written agreement in
which the landlord may evict the tenant at any time.
TENANCY BY ENTIRETY:
See "joint
tenants".
TENANCY FOR LIFE:
See "life estate".
TENANCY FOR YEARS:
Form of tenancy created by a written agreement in
which the tenant has the right to occupy the
premises for a stated period of time.
TENANCY FROM YEAR TO YEAR (MONTH TO MONTH):
A form of tenancy in which the tenant's right to
occupy the premises lasts for a stated period of
time but may be extended by mutual consent for
another period.
TENANCY IN COMMON:
Ownership of property in which several owners each
own a stated portion of the property (a percentage).
Each owner may deal with her portion of the property
as she wishes (giving it away, mortgaging it,
selling it, bequeathing it, etc.) and, upon her
death, her share becomes part of her estate.
TENANCY IN SEVERALTY:
Ownership of property by a single person.
TENANT FIXTURES:
Items added to a leased premises by a tenant that
might normally be considered fixtures (and,
therefore, part of the premises) but that, by
contract or law, the tenant is entitled to remove at
the end of the lease period.
TENANT IN COMMON:
A person who owns property with one or more others,
where each owns a stated portion of the property and
is free to deal with his portion as he wishes.
TENDER:
1. To deliver payment or an item one is obliged to
deliver.
2. To produce evidence of one's ability to meet
one's obligations under a contract for the purposes
of preserving one's right to sue another party to
the contract who is not able to carry out the
contract.
TENEMENTS:
1. A legal word for a property or fixed asset (see
dominant or servient tenement regarding easements).
2. Term for units in an aging apartment complex or
building.
TENURE IN LAND:
The fashion in which an owner holds title to land.
TERM LOAN:
A loan that comes due on a given date, often before
the periodic payments would pay the loan out.
TERM, AMORTIZATION:
Term: The period of time during which the loan
contract is active, during which the borrower makes
periodic payments to the lender and at the end of
which the balance of the loan becomes due and
payable.
Amortization:
The period of time after which, if all periodic
payments are made on time and in full, the loan will
be paid out. Term may not be the same as
amortization: a normal mortgage may be amortized
over 25 years with just a five year term at which
time the borrower has to re-finance.
TERMITE CLAUSE:
A term in an Agreement for sale which allows the
Purchaser to inspect for termites. If any are found,
the Vendor may be required to treat the problem or
the Purchaser may rescind. Many clauses now refer
more generally to "wood-damaging or destroying
insects".
TERMITE INSPECTION:
The examination of a building for wood destroying
insects.
TERMS:
The various clauses that make up a contract.
Sometimes used to described the financial portions
of the contract only.
TESTAMENT:
Another word for a will.
TESTAMENTARY DISPOSITION:
The transfer of ownership of an asset by way of a
will.
TESTATE:
To die leaving a valid Will. Opposite of
"intestate".
TESTATOR (TESTATRIX):
The person who makes a will.
TESTIMONIUM:
The clause in a legal instrument that sets out the
date and other information regarding the signing of
the instrument.
THIRD PARTY:
A person who is not a party to a contract but may
become involved in an indirect way or be affected by
it.
TIME IS OF THE ESSENCE:
A standard statement in a contract which ensures
that all dates and times of day noted in the
contract are important and cannot be ignored by any
of the parties without the consent of the others
except in breach of the contract.
TIME-SHARING:
A form of joint ownership of property where numerous
owners share title and enjoy use or occupation of
the property according to a specific schedule.
TITLE:
The legal term for one's ownership interest in land.
TITLE COMPANY:
Also known as "title insurance company" or "title
insurer". A corporation which is in the business of
selling policies of insurance guaranteeing the
ownership and quality of title to land.
TITLE COVENANTS:
Clauses and promises inserted into instruments of
conveyance which are designed to give the Purchaser
assurances that she is receiving good title.
TITLE DEFECT:
A claim against or competing interest in a property
which affects the title of the registered owner.
TITLE INSURANCE POLICY:
A form of insurance contract which guarantees to
indemnify an owner or mortgagee of property for
damages suffered as a result of undiscovered title
defects which arise later.
TITLE PLANT:
Also known as "abstract
plant". An
assemblage, available to the public, of information
and documents relating to title to a particular
property.
TITLE REPORT:
A document which sets out the current state of title
to a property.
TITLE SEARCH OR EXAMINATION:
The act of examining in detail the public records
relating to ownership of a parcel of land to ensure
that the current owner has clear title, free of any
liens, claims, mortgages or competing and adverse
interests. Usually performed by a lawyer, qualified
title searcher, or title insurance company on behalf
of a proposed purchaser or mortgagee.
TITLE THEORY STATES:
Jurisdictions in which ownership of land is divided
into two interests: legal title and equitable title.
When an owner registers a mortgage in favor of a
lender, legal title is transferred to the lender
while the owner retains equitable (or beneficial)
title. Once the mortgage is paid out, legal title is
transferred back to the owner.
TOPOGRAPHY:
The form and structure of the surface of land (i.e.
hilly, flat, etc.)
TORRENS SYSTEM:
Developed in Australia, a system of the registration
of interests in land in which documents are closely
regulated, monitored and examined by the recording
authority to ensure that they are correct and that
title is transferred without flaw. Property may not
be transferred if uncorrected title defects exist.
TOTAL DEBT RATIO:
Comparison of the total costs of living for a person
(including debt, food, utilities) over a given
period with the gross income of that person.
TOTAL INTEREST PAYMENTS:
A calculation of all interest paid on a loan over
its life.
TOWN HOUSE:
A type of dwelling which shares at least one common
wall with neighboring dwellings.
TRANSACTION FEE:
A charge for making a withdrawal on a line of credit
or other bank account.
TRANSFER TAX:
See "land
transfer tax".
TRESPASS:
Entry onto or possession of the property owned by
another without the owner's consent.
TRIPLE-NET LEASE:
A rental agreement which requires the tenant to pay
all operating costs of the building.
TRUST ACCOUNT:
A bank account held by a professional for the
purposes of keeping money held on behalf of clients
separate from the funds of the professional or her
business.
TRUST DEED:
An instrument of conveyance of title to property
wherein the transferee will be holding the title to
the property on behalf of another person.
TRUSTEE:
A person who holds title to property on behalf of
another (a "beneficiary of the trust").
TRUSTEE'S SALE:
Sale conducted by a trustee (often the lender) under
the terms of the deed of trust.
TRUTH-IN-LENDING ACT:
A federal law which requires lenders to disclose all
terms of a loan arrangement to the borrower in a
specified form.
TUDOR:
A heavy looking, fortress like style of home in the
English style. Stone and brick construction, may
also feature stucco and exposed timbers. Windows
feature stone trim.
TWO-STEP MORTGAGE:
A mortgage contract in which the interest rate
changes after a given period of time, such that the
rate charged is lower for the first part of the term
of the mortgage and then market rate or higher later
in the term. |