Real
Estate Glossary
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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.