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contract
agreement between two or more persons
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agent
a person who has the power and authority to act on behalf of another person
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consideration
something of value
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counteroffer
a response to an offer
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Power of Attorney
written document authorizing another person to act as one's agent
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certified check
check issued by a bank, the payment of which is guaranteed by the full faith and credit of the bank
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closing
data set forth in a real estate contract on which the parties agree to perform all the promises of the contract
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Earnest money
money paid by the purchaser
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execution
signature of a party to a legal document
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caption
portion of the deed that indicates what estate in real property is being transferred by the deed of a mortgage
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conveyance
the transfer of title or some or all of the ownership rights to real property from one person to another
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deed
written document that transfers ownership of real property from one person to another
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general warranty deed
deed containing full warranty of title
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grantee
person in whom real property has been transferred by deed
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grantor
transferor of real property by deed
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habendum
clause found in a deed or mortgage
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limited (special) warranty deed
deed wherein the grantor covenants and warrants only against lawful claims of people
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quitclaim deed
deed that contains no warranties of title
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primary market
lenders who make mortgage loans directly to borrowers
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term loan
loan in which the borrower makes periodic payments of interest
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mortgage loan
loan secured by real property
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interest
charge by a lender to a borrower for the use of money
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power of sale
the power given to a lender or to a trustee on behalf of the lender to sell the mortgaged property
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foreclosure
sale brought by a holder of a mortgage, deed of trust
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promissory note
legal document that contains a promise by one party to pay money to another party
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deed of trust
legal document that conveys title to real property to a trustee who holds the title as security for a debt to a lender
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financing statement
forma that is recorded to give notice that there is a security interest in personal property owned by a debtor
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security agreement
legal document that pledges personal property as security for a debt
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requirements of a valid real estate contract
legal capacity of the parties, mutual agreement, consideration, lawful purpose and written agreement
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remedies for breach of a real estate contract
specific performance, money damages, recission or liquidated damages
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list the formal parts of a deed
caption, preamble, granting clause, description, habendum clause, warranty clause, testimonium
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list the basic requirements of a valid deed
written instrument, competent grantor, indentity of the grantee, words of conveyance, description of the property, consideration, signature of the grantor, witnesses of deeds, delivery to grantee
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list the 3 types of deeds commonly used in the U.S.
general warranty deed, limited (special) warranty deed and quitclaim deed
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what is a balloon payment
final payment of all unpaid principal and accrued and unpaid interest on the loan
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requirements of a mortgage
names of the parties, words of conveyance, valid description of the property conveyed, proper execution and attestation and delivery to the lender
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list two types of foreclosure
judicial foreclosure and power of sale forclosure
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