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Roy Wysack - Realtor, ABR, e-PRO, SFR
Keller Williams Realty - Plymouth/Canton
40600 Ann Arbor Road, Suite 100
Plymouth, MI 48170

Roy wysack e-Pro

Cell: 734.629.7222
E-mail
Fax: 888.807.7832


Glossary of Real Estate Terms:

 

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

 

 

A

 

Adjustable Rate

An adjustable rate is an interest rate that changes periodically, in relation to an index (usually the prime rate).  Payments may increase or decrease accordingly.

Adjustment Date

An adjustment date is the date on which the interest rate changes for an adjustable-rate mortgage (ARM).

Adjustment Period

The period that elapses between the adjustment dates for an adjustable-rate mortgage (ARM).

Agency Disclosure

Most states require agents to disclose who they represent, in writing, to all individuals they work with.  Agents represent buyers as a Buyer’s agent, sellers as a Seller’s Agent, or both parties as a Dual Agent.  Most of the time agents work for the sellers, the party that gave them the listing.  Buyers therefore need to watch what they say to a seller’s agent, as it is the Agents responsibility to convey that information to the Seller. 

Agent

A Real Estate Agent is an individual licensed by the state to list, show, and sell real estate in that state.  Real Estate Agents must work for a Real Estate Broker. 

American National Standard Z765-1996 –

In April, 1996 the American National Standards Institute (ANSI) adopted a standard for measuring single-family residential buildings. American National Standard Z765-1996 was developed through a process of consensus among a wide variety of participants. These included the American Institute of Architects, the Appraisal Foundation, the Building Owners and Managers Association, the Manufactured Housing Institute, the National Association of Realtors, Fannie Mae, Freddie Mac, HUD and others. 

Amenities

Amenities are features that enhance and increase the value or desirability of a property. 

 

Amortize

To pay a debt in installments until the total amount, including any interest, is paid.  Installments include principal and interest.  During the first few years, most of each payment is applied toward the interest owed.  During the final years of the loan, payment amounts are applied almost exclusively to the remaining principal.   Ask your lender for an amortization statement of your loan.

 

Amortization

A repayment method in which the amount borrowed is repaid gradually though regular monthly payments of principal and interest.  Each successive installment pays more toward the principal and less interest as the payment schedule progresses.  Click here to do an amortization online.  

 

Amortization Term

The amount of time required to amortize the mortgage loan.  The amortization term is expressed as a number of months -- for example, for a 30-year fixed-rate mortgage, the amortization term is 360 months.

 

Annual Membership

An amount that may be charged annually for having a line of credit available.  Often charged regardless of whether or not you use the credit.  Also referred to as a "participation fee."

 

Annual Percentage Rate (APR)

The cost of credit on an annualized basis, expressed as a percentage.  Required to be disclosed by the lender under the Federal Truth in Lending Act, Regulation Z.  The APR includes up-front costs paid to obtain the loan, and is therefore, usually a higher amount than the interest rate stipulated in the mortgage.

 

Application

A form, referred to as a 1003 form, used to apply for a mortgage and to provide personal and financial information regarding a prospective mortgagor and the proposed security, which is required to approve your loan.


Application Fee

Fees that are paid upon application.  An application fee may include charges for property appraisal ($200-$400) and a credit report ($30-50).

 

Appraisal

An appraisal is an expert or official valuation by a licensed appraiser to render an opinion of property value as of a specific date.  An appraisal is required by most lenders to obtain a loan.

 

Appraiser
An appraiser is a person qualified by education, training, and experience to estimate the value of real property and personal property and is licensed by the state where they practice.

 

Appreciation

Appreciation is the increase in value of a property due to changes in market conditions or other causes. 

 

ARM (Adjustable Rate Mortgage)
A financing technique in which the lender can raise or lower the mortgage interest rate according to a set index, such as six-month Treasury bills. 

 

Assessment
An official valuation of property for tax purposes.
 Payments made by condominium or cooperative owners for their share of building maintenance expenses.

 

Asset

An asset is anything of monetary value that is owned by a person.   Assets include real property, personal property, and enforceable claims against others (including bank accounts, stocks, mutual funds, and so on).

 

Assignment
Assignment is the transfer of a mortgage from one person to another.

 

Assumption Clause

An assumption clause is a provision in an assumable mortgage that allows a buyer to assume responsibility for the mortgage from the seller. The loan does not need to be paid in full by the original borrower upon sale or transfer of the property.

 

Assumption Fee

The fee paid to a lender (usually by the purchaser of real property) resulting from the assumption of an existing mortgage.

 

Assumption of Mortgage

The agreement of a purchaser to become primarily liable for the payments on a mortgage loan.  Unless otherwise specified by the lender, the seller may remain secondarily liable for payments.

 

Attorney – See Real Estate Attorney

 

 

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Balance Sheet

A balance sheet is a financial statement that shows assets, liabilities, and net worth as of a specific date.

 

Balloon Mortgage

A mortgage that has level monthly payments that will amortize it over a stated term but requires a lump sum payment to be due at the end of an earlier specified term.

 

Balloon Payment

A lump sum payment for the unpaid balance of a loan due at a specific time.

 

Bankruptcy

A proceeding in a federal court in which an entity debtor who owes more than its assets can relieve the debts by transferring its assets to a trustee.

 

Before-Tax Income

Gross incomes before federal and state taxes are deducted.

 

Beneficiary

The person designated to receive the assets or income from a trust, estate, or a deed of trust.

 

Binder

A preliminary agreement, secured by the payment of an earnest money deposit, under which a buyer offers to purchase real estate.

 

Biweekly Payment Mortgage

A mortgage that requires payments to reduce the debt every two weeks (instead of the standard monthly payment schedule).  The 26 (or possibly 27) biweekly payments are each equal to one-half of the monthly payment that would be required if the loan were a standard 30-year fixed-rate mortgage, and they are usually drafted from the borrower's bank account.  The result for the borrower is a substantial savings in interest over the period of the loan.

 

Blanket Mortgage

The mortgage that is secured by a cooperative project, as opposed to the share loans on individual units within the project.

 

Board of Realtors

An Association of Realtors in your locality.  The Board of Realtors is a professional association of real estate professionals designated as "Realtors" as opposed to real estate sales agents.  The Realtors meet to share real estate information, offer support, and exchange expert knowledge.  They pay dues to share a Multiple Listing Service that is managed by the Board.  Realtors are bound to a code of ethics published by their local board of Realtors, and Real Estate Agents are not.  The Board or Realtors regulates ethics and controls and monitors any complaints about Realtors.  You cannot be a "Realtor" unless you belong to a Board. They have higher standards of practice for real estate agents than the State has. The Board polices their members for compliance with the Code of Ethics.   Also see National Association of Realtors (NAR).

 

Bond

A bond is an interest-bearing certificate of debt with a maturity date.  An obligation of a government or business corporation.  A real estate bond is a written obligation usually secured by a mortgage or a deed of trust.

 

Breach

A violation of any legal obligation.

 

Bridge Loan

A form of second trust that is collateralized by the borrower's present home (which is usually for sale) in a manner that allows the proceeds to be used for closing on a new house before the present home is sold.  Also called a "swing loan."

 

Broker
A broker is an independent business person who sets real estate office policies, hires employees, determines their compensation, and supervises their activities.  A person who, for a commission or a fee, brings parties together and assists in negotiating contracts between them.  Real Estate Brokers must be licensed by their state.

 

Buy-down Mortgage

A temporary buy-down is a mortgage on which an initial lump sum payment is made by any party to reduce a borrower's monthly payments during the first few years of a mortgage.  A permanent buy-down reduces the interest rate over the entire life of a mortgage.

Buyer’s Agent
An agent who represents the buyer in a real estate transaction and has a Fiduciary Duty to the buyer only.  A buyer’s agent's commission is paid by the seller for all property listed on the MLS, so it does not cost a buyer anything to sign a contract with a buyer's agent.  In the case of buying from a FSBO, as your buyer's agent, I will negotiate that the commission (usually half of a normal listing commission), be paid by the seller.  Almost all FSBOs are happy to co-broke with a buyer's agent this way.  

 

Buyer’s Market

A buyer’s market is very good for buyers and bad for the seller because there is more supply of homes for sale than there are buyers for them.  Obviously this drives the price down and makes it hard for a seller to compete with other homes on the market.  The home that is priced below the market for comparable homes will sell first.  Besides selling for less, sellers may even have to come up with other buyer incentives or pay a portion of the closing costs (called 'financial concessions).

A buyer's market is very good for first time home buyers and for sellers that are upgrading to a more expensive home.  The idea is that even though a seller is selling for a certain percentage less than they would in a seller's market, they are also buying their more expensive home for at least the same percentage 'discount' then the one they sold.  The difference in 'money lost' compared to 'money gained' by receiving the discount on the more expensive home can net the seller/buyer a positive gain in such a transaction.  In this case, it's the best time to buy!

 

 

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Call Option

A call option is a provision in the mortgage that gives the mortgagee the right to call the mortgage due and payable at the end of a specified period for whatever reason.

 

Cap

The maximum allowable increase, for either payment or interest rate, for a specified amount of time, on an adjustable rate mortgage.

 

Capital Improvement

Any structure or component erected as a permanent improvement to real property that adds to its value and useful life.

 

Cash Out

Receiving money back when refinancing your present mortgage

 

Cash-Out Refinance

A refinance transaction in which the amount of money received from the new loan exceeds the total of the money needed to repay the existing first mortgage, closing costs, points, and the amount required to satisfy any outstanding subordinate mortgage liens.  In other words, a refinance transaction in which the borrower receives additional cash that can be used for any purpose.

 

Ceiling

The maximum allowable interest rate over the life of the loan of an adjustable rate mortgage.

 

Certificate of Eligibility

A document issued by the federal government certifying a veteran's eligibility for a Department of Veterans Affairs (VA) mortgage.

 

Certificate of Reasonable Value (CRV)

A document issued by the Department of Veterans Affairs (VA) that establishes the maximum value and loan amount for a VA mortgage.

 

Certificate of Title

A statement provided by a Title Company or attorney stating that the title to real estate is legally held by the current owner and is free from liens or encumbrances.

 

Chain of Title

The history of all of the documents that transfer title to a parcel of real property, starting with the earliest existing document and ending with the most recent.

 

Change Frequency

The frequency (in months) of payment and/or interest rate changes in an adjustable-rate mortgage (ARM).

 

Clear Title

A title that is free of liens and encumbrances, or other legal questions as to ownership of the property.  A title that is good and marketable.  Also see Title Company and Title Insurance.

 

CLO (Computerized Loan Origination)
A computer network of major lenders that allows agents to initiate mortgage applications in their office.  HUD has approved the procedure as long as 1) full disclosure is made of the fee; 2) multiple lenders are displayed on the computer screen to give borrowers a basis for comparison; 3) the fee charged is a dollar amount rather than a percentage of the loan.

 

Closing
A closing is a meeting at which a sale of a property is finalized by the buyer signing the mortgage documents and paying closing costs.  Also called "settlement."

 

Closing Cost Item

A fee or amount that a home buyer must pay at closing for a single service, tax, or product.  Closing costs are made up of individual closing cost items such as origination fees and attorney's fees.  Many closing cost items are included as numbered items on the HUD-1 statement.

 

Closing Costs

Any fees paid by the borrowers or sellers during the closing of the mortgage loan.  This normally includes an origination fee, discount points, attorney's fees, charges for obtaining title insurance, surveying fees, recording fees, deeds, affidavits, and any items which must be prepaid, such as taxes and insurance escrow payments.

 

Closing Statement

The final statement of costs incurred to close on a loan or to purchase a home.  Also referred to as the HUD1.  

 

Cloud on Title

Any conditions revealed by a title search that adversely affect the title to real estate.  Usually clouds on title cannot be removed except by a quitclaim deed, release, or court action.

 

CMA (Comparative Market Analysis)

A method of determining the value of a property by comparing the prices paid for similar properties.  The analysis is normally done by a real estate agent who has easy access to area sales records.   A CMA is an informal assessment of a property's market value compared to a professional opinion that an licensed appraiser provides.  For a CMA, the price is established by comparing the property to similar properties that have sold in the area within the past year.  Adjustments are then made to those selling prices by adding or subtracting estimated costs of improvements, upgrades, or condition of the property that is compared, comparing to cost per square foot calculations, and also comparing to State Equalized Valuations of similar properties. 

Homeowners may find some pricing information by visiting their county courthouse, but without experience in the housing market, adding and subtracting value based on the homes features or condition may prove difficult for the novice.  For instance, features like central air or in-floor heat can add a lot of value to a home compared to one that doesn’t have those features.  Likewise, improvements like decks, updated cabinets, plumbing, and so on have a lot of value and should be a major consideration when pricing your home.

Finally, the condition of a home has a lot of weight in determining the actual value.  Professional inspectors look more closely at mechanical items like the furnace and A/C, and will look at the foundation, windows, roof and other features to check for the condition.

 

Code of Ethics

A written standard of ethical conduct embraced by the NATIONAL ASSOCIATION OF REALTORS®, a trade organization of more than 700,000 members representing all branches of the real estate industry.  See more at Board of Realtors.

 

Collateral

An asset, such as a car or a home, that guarantees the repayment of a loan.  The borrower risks losing the asset if the loan is not repaid according to the terms of the loan contract.

 

Co-Maker

A co-maker is a person who signs a promissory note along with the borrower.  A co-maker's signature guarantees that the loan will be repaid, because the borrower and the co-maker are equally responsible for the repayment.  Also see endorser.


Collection

The efforts used to bring a delinquent mortgage current and to file the necessary notices to proceed with foreclosure when necessary.

 

Commission
Compensation paid to a real estate agent (usually by the seller) for services rendered in connection with the sale, exchange, or lease of property.  Commission is typically 6 percent of the sales price, and is split 4 equal ways to the Listing Broker, the Listing Agent, the Selling Broker, and the Selling Agent.   A single ‘Broker’ that lists and sells the property can theoretically collect the entire commission, as there is no one else to split it with.

 

Commitment Letter

A formal offer by a lender stating the terms under which it agrees to lend money to a home buyer.  It is also known as a "loan commitment."

 

Common Areas

Those portions of a building, land, and amenities owned (or managed) by a planned unit development (PUD) or condominium project's homeowners' association (or a cooperative project's cooperative corporation) that are used by all of the unit owners, who share in the common expenses of their operation and maintenance.  Common areas include swimming pools, tennis courts, and other recreational facilities, as well as common corridors of buildings, parking areas, means of ingress and egress, etc.

 

Community Home Improvement Mortgage Loan

An alternative financing option that allows low- and moderate-income home buyers to obtain 95 percent financing for the purchase and improvement of a home in need of modest repairs.  The repair work can account for as much as 30 percent of the appraised value.

 

Community Property

In some western and southwestern states, a form of ownership under which property acquired during a marriage is presumed to be owned jointly unless acquired as separate property of either spouse.

 

Comparables

An abbreviation for "comparable properties"; used for comparative purposes in the appraisal process.  Comparables are properties like the property under consideration; they have reasonably the same size, location, and amenities and have recently been sold.  Comparables help the appraiser determine the approximate fair market value of the subject property.

 

Condominium (Condo)
Individual ownership of a portion of a building, with common areas shared by all owners.
  Maintenance fees called "assessments" are paid to the condominium association to maintain, repair, or improve the property.


Condominium Conversion

Changing the ownership of an existing building (usually a rental project) to the condominium form of ownership

 

Conforming Loan

A conforming loan is a mortgage loan that conforms to regulatory limits such as loan-to-value ratio, term, and other characteristics.  A conforming loan is generally, a mortgage loan under $203,150.  Qualifying ratios and underwriting methods are standardized to a large degree.  

 

Construction Loan

A short-term, interim loan for financing the cost of construction.  The lender makes payments to the builder at periodic intervals as the work progresses.

 

Consumer Reporting Agency (or Bureau)

An organization that prepares reports that are used by lenders to determine a potential borrower's credit history.  The agency obtains data for these reports from a credit repository as well as from other sources.

 

Contingency

A condition that must be met before a contract is legally binding.  For example, home purchasers often include a contingency that specifies that the contract is not binding until the purchaser obtains a satisfactory home inspection report from a qualified home inspector.

 

Contract

A legally enforceable agreement between two or more parties.  A promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty, including but not limited to a note, promissory note or provisions of any trust deed.

 

Contract of Sale

A Contract of Sale is the agreement between the buyer and seller on the purchase price, terms, and conditions necessary to both parties to convey the title to the buyer.   A contract in which a property title is transferred only after the buyer makes a certain number of monthly payments.  Also called contract sale, also called contract for deed.

 

Conventional Loan
A fixed-rate, fixed term loan that is not insured by the government.

 

Convertibility Clause

A provision in some adjustable-rate mortgages (ARMs) that allows the borrower to change the ARM to a fixed-rate mortgage at specified timeframes after loan origination.

 

Convertible ARM

An adjustable-rate mortgage (ARM) that can be converted to a fixed-rate mortgage under specified conditions.


Co-operative (Co-op)
An arrangement in which a corporation made up of residents owns a building.  The buyer owns a proprietary lease, rather than real property, and a corresponding number of shares in the corporation.

 

Corporate Relocation

Arrangements under which an employer moves an employee to another area as part of the employer's normal course of business or under which it transfers a substantial part or all of its operations and employees to another area because it is relocating its headquarters or expanding its office capacity.

 

Cost of Funds Index (COFI)

An index that is used to determine interest rate changes for certain adjustable-rate mortgage (ARM) plans.  It represents the weighted-average cost of savings, borrowings, and advances of the 11th District members of the Federal Home Loan Bank of San Francisco.

 

Counter Offer
A counter offer is a new offer as to price, terms, and conditions, made in response to a prior, unacceptable offer.  A counter offer terminates an original offer.

 

Covenant
A clause in a mortgage that obligates or restricts the borrower and that, if violated, can result in foreclosure.

 

Credit
An agreement in which a borrower receives something of value in exchange for a promise to repay the lender at a later date.

 

Credit Bid

A bid made by the beneficiary in full or partial satisfaction of the contract or contracts which are secured by the trust deed. Such credit bid may only include an amount up to the full amount of the contract or contracts secured by the trust deed, less any amount owing on liens or encumbrances with interest which are superior in priority to the trust deed and which the beneficiary is obligated to pay under the contract or contracts or under the trust deed, together with the amount of other obligations provided in or secured by the trust deed and the costs and expenses of exercising the power of sale and the sale, including the trustee's fees and reasonable attorney fees actually incurred.  

 

Credit History

A record of an individual's open and fully repaid debts. A credit history helps a lender to determine whether a potential borrower has a history of repaying debts in a timely manner.


Credit Limit

The maximum amount that you can borrow under a home equity plan.

 

Credit Report

A report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness.  

 

Credit Repository

An organization that gathers, records, updates, and stores financial and public records information about the payment records of individuals who are being considered for credit.

 

CRS (Certified Residential Specialist)
A professional designation awarded to experienced agents who complete an advanced course of study in residential real estate and demonstrate proficiency in sales and production. CRS Designees are members of the Residential Sales Council, a not-for-profit affiliate of the NATIONAL ASSOCIATION OF REALTORS®. 

 

 

 

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Debt

An amount owed to another.

 

Debt Service

The total amount of credit card, auto, mortgage or other debt upon which you must pay.

 

Deed

A deed is the legal document conveying title to a property.

 

Deed-in-Lieu

A deed given by a mortgagor to the mortgagee to satisfy a debt and avoid foreclosure.

 

Deed of Trust

The document used in some states instead of a mortgage; title is conveyed to a trustee.

 

Default

Failure to make mortgage payments on a timely basis or to comply with other requirements of a mortgage.

 

Delinquency

Failure to make mortgage payments when mortgage payments are due.

 

Deposit

A sum of money given to bind the sale of real estate, or a sum of money given to ensure payment or an advance of funds in the processing of a loan.

 

Depreciation

A decline in the value of property; the opposite of appreciation.

 

Disclosure
Reveals what previously was private knowledge.  Any statement of fact that is required by law.

 

Discount Points (or Points)

The amount paid either to maintain or lower the interest rate charged. Each point is equal to one percent (1%) of the loan amount (i.e., two points on a $100,000 mortgage would equal $2,000).

 

Domain Name

A domain name is the text name corresponding to the numeric IP address of a computer on the Internet.  A domain name must be unique.  Internet users access a website using the domain name.  Every time a visitor accesses a page on the Internet, they are downloading the contents of that page.

 

Down Payment
The down payment is a percentage of the purchase price the buyer pays in cash and does not finance with a mortgage.

 

Dual Agent
An agent representing both the Buyer and the Seller in a real estate transaction.
In almost every state, dual agency is illegal and unethical without the written consent of both the buyer and the seller.

 

Due on Sale

A clause in a mortgage agreement providing that, if the mortgagor (the borrower) sells, transfers, or, in some instances, encumbers the property, the mortgagee (the lender) has the right to demand the outstanding balance in full.

 


 

 

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Earnest Money
A buyer's partial payment to the seller as a show of good faith in completing the transaction.

 

Easement

A right of way giving persons other than the owner access to or over a property.

 

Effective Age

An appraiser's estimate of the physical condition of a building.  The actual age of a building may be shorter or longer than its effective age.

 

Effective Gross Income

Normal annual income including overtime that is regular or guaranteed.  The income may be from more than one source.  Salary is generally the principal source, but other income may qualify if it is significant and stable.

 

Effective Interest Rate

The cost of credit on a yearly basis expressed as a percentage. Includes up-front costs paid to obtain the loan, and is, therefore, usually a higher amount than the interest rate stipulated in the mortgage note. Useful in comparing loan programs with different rates and points.

 

Encumbrance

A claim against a property by another party which usually affects the ability to transfer ownership of the property.

 

Endorser

A person who signs ownership interest over to another party.  Contrast with co-maker.

 

Equal Credit Opportunity Act (ECOA)

A federal law that requires lenders and other creditors to make credit equally available without discrimination based on race, color, religion, national origin, age, sex, marital status, or receipt of income from public assistance programs.

 

Escrow
The closing of a real estate transaction through a neutral third party who holds funds and/or documents for delivery after specific conditions have been met.  For example, the deposit by a borrower with the lender of funds to pay taxes and insurance premiums when they become due, or the deposit of funds or documents with an attorney or escrow agent to be disbursed upon the closing of a sale of a real estate transaction.

 

Escrow Analysis

The periodic examination of escrow accounts to determine if current monthly deposits will provide sufficient funds to pay taxes, insurance, and other bills when due.

 

Escrow Company

See Title and Escrow Company

 

Estate

The ownership interest of an individual in real property.  The sum total of all the real property and personal property owned by an individual at time of death.

 

Equity

The difference between the current market value (appraised value) of the house and the amount of the unpaid mortgage.

 

Examination of Title

The report on the title of a property from the public records or an abstract of the title.

 

Exclusive Listing
An exclusive listing is a written agreement in which the seller appoints only one agent to market the property for a specific period of time. If the owner sells the property himself, he is not required to pay a commission.

 

Exclusive Right of Sale Listing
A written agreement between an agent and a property owner stating that the owner will pay a commission to the agent if the property is sold during a specific time period--whether or not the agent is responsible for the sale.

 


 

 

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Fair Credit Reporting Act

A consumer protection law that regulates the disclosure of consumer credit reports by consumer/credit reporting agencies and establishes procedures for correcting mistakes on one's credit record.

 

Fair market value

The highest price that a buyer, willing but not compelled to buy, would pay, and the lowest a seller, willing but not compelled to sell, would accept.

 

Fannie Mae (Federal National Mortgage Association)
Fannie Mae purchases home mortgages, thus serving as a source of funds for mortgage lenders. It is a privately owned corporation whose shares are traded on the New York Stock Exchange, but it is subject to the strict supervision of the secretary of the U.S. Department of Housing and Urban Development (HUD).  Federal Fair Housing Law Refers to Title VIII of the Civil Rights Act, and stipulates that discrimination based on race, color, sex, familial status, handicap, religion, or national origin is illegal in connection with the sale or rental of most dwellings.

 

FHA (Federal Housing Administration)
A federal agency established to improve housing standards and conditions.  The FHA provides mortgage insurance to approved lending institutions.

 

FHA Loan

More appropriately termed "FHA Insured Loan." A loan for which the Federal Housing Administration insures the lender against losses the lender may incur due to your default.

 Fiduciary Duty

A legal duty and trust to a client that includes obedience, loyalty, disclosure, confidentiality, accountability, and reasonable care.

 

First Mortgage

A first mortgage is a mortgage which is in first lien position, taking priority over all other liens (which are financial encumbrances).

 

Fixed Rate

An interest rate which is fixed for the term of the loan.  Payments as well are fixed at one amount.

 

Freddie Mac (Federal Home Loan Mortgage Corporation)
A federally chartered corporation established to purchase mortgages in the secondary, or resale, market.  Freddie Mac's policies are designed to serve the needs of savings and loan associations.  It is subject to oversight by the U.S. Department of Housing and Urban Development (HUD).

 

FSBO

The acronym FSBO is pronounced "fizzbo" and is “For Sale by Owner”.  A FSBO is a property for sale that is not listed with a real estate broker.

 

 

 

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Good Faith Estimate

A disclosure required under the Real Estate Settlement Procedures Act (RESPA) that must be given to all mortgage loan applicants at the time of application. The disclosure is an estimate of all settlement charges likely to be incurred at closing.  A written estimate of closing costs which a lender must provide you within three days of submitting an application.  

 

Grace Period

A period of time during which a loan payment may be paid after its due date, but not incur a late penalty.  Such late payments may be reported on your credit report.

 

Gross Income

For qualifying purposes, the income of the borrower before taxes or expenses are deducted.

 

Guaranty
A pledge made by one person (the guarantor) to ensure that another person (the obligor) will fulfill an obligation to a third party (the obligee).

 

 

 

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Hazard Insurance

A contract between purchaser and an insurer, to compensate the insured for loss of property due to hazards (such as fire, hail damage, etc.), for a premium.

 

Home Equity Line of Credit

A loan providing you with the ability to borrow funds at the time and in the amount you choose, up to a maximum credit limit for which you have qualified. Repayment is secured by the equity in your home. Simple interest (interest-only payments on the outstanding balance) is usually tax-deductible. Often used for home improvements, major purchases or expenses, and debt consolidation.

 

Home Equity Loan

A fixed or adjustable rate loan obtained for a variety of purposes, secured by the equity in your home. Interest paid is usually tax -deductible. Often used for home improvement or freeing of equity for investment in other real estate or investment. Recommended by many to replace or substitute for consumer loans whose interest is not tax-deductible, such as auto or boat loans, credit card debt, medical debt, and education loans.

 

Home Owners Insurance

Your lender will require that you have a homeowner’s insurance policy (sometimes called hazard insurance) in effect at settlement. The policy protects against physical damage to the house by fire, wind, vandalism, and other causes. This insures that the lender’s investment will be secured even if the house is destroyed. If you are buying a condominium, the hazard insurance may be part of your monthly condominium fee; you may still want homeowner’s insurance for your furnishings and valuables.

Estimated cost: $300 to $1,000 (depending on the value of the home and the amount of coverage; you can estimate the cost to be about $3.50 per $1,000 of the purchase price of the home).

 

Home Warranty

A Home Warranty is a limited insurance plan that covers expenses for most repairs to major systems and appliances in your home for one year after closing.  A home warranty may or may not be provided by the Seller, but the Buyer can purchase one provided the house qualifies.  Sellers and Real Estate Agents like to sell a home with a home warranty so that they don’t have to deal with buyers if something goes wrong in the house after the sale.  And sellers like the plans too, because it offers a sense of security in their purchase.

 

Some of the items and components that are typically covered are:

Air Conditioning

Dishwasher

Doorbells

Furnace or Boiler

Garage Door Opener

Garbage Disposal

Microwave

Plumbing

Range and Oven

Refrigerator

Trash Compactor

Washer and Dryer

Water Heater

Water Softener

 The cost of a warranty will generally range from $300 to $600, depending on the level of coverage.  Deductibles are between $25 and $100. 

 

Hosting

Hosting refers to a service provided by companies or individuals that store websites and other data on computers called Internet Servers.  Internet Servers enable others to view and access the websites and data on the Internet. 

 

HUD (U.S. Department of Housing and Urban Development)
A federal department active in a variety of national housing programs including urban renewal and public housing.

 

HUD I Settlement Statement

A form utilized at the closing of a real estate transaction.  The statement itemizes the costs associated with the closing for.

both the purchaser and the seller.  The form is used universally by mandate of HUD, the Department of Housing and Urban Development.   Click here for more information

 

Hyperlinks

Hyperlinks are special words or pictures that automatically move you to another place when you click on the hyperlink with your mouse.  The FSBO-CD® uses hyperlinks extensively to simplify how you access information on the Internet, and move within the CD-ROM itself.  We believe that hyperlinks are fun to use, simplify navigation, help you learn complex subjects, and help too keep you organized. 

 

 

 

I

 

 

Improvements

Additions intended to increase the value of a property.

 

Internet

"The Federal Networking Council (FNC) agrees that the following language reflects our definition of the term "Internet".

"Internet" refers to the global information system that --

(i) is logically linked together by a globally unique address space based on the Internet Protocol (IP) or its subsequent extensions/follow-ons;

(ii) is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite or its subsequent extensions/follow-ons, and/or other IP-compatible protocols; and

(iii) provides, uses or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure described herein."

 

In laymen’s terms, the Internet is a system of networked computers that can be anywhere in the world.  The computers can communicate and exchange information with each other.  Obviously, the Internet is a valuable tool to use for property searches and research of all kinds.  Every year, the Internet grows in popularity and resources, especially for the FSBO market.  Statistics vary, but the NAR reports that 76% of potential home buyers use the Internet to search for homes, and the number is growing.  Other studies report that as many as 85% of home buyers use the Internet to look for homes whether they are working with or without a Realtor.  The FSBO-CD® is designed to work seamlessly with the Internet as many of the hyperlinks automatically take the user to websites.

 

Internet Search

A ‘SEARCH’ on the Internet for more information about a topic.  Go to your favorite search engine such as www.yahoo.com, www.msn.com, www.google.com, or www.askjeeves.com, and type in your search words.  The result will be a list of websites you can click on to get more information.  For more information on search engines, click here.

 

Index

A number, usually a percentage, upon which future interest rates for adjustable rate mortgages are based.  Common indexes include the Cost of Funds for the Eleventh Federal District of banks or the average rate of a one year Government Treasury Security.

 

Inspection
An examination of a property by the buyer, agent, title insurance company, or other interested party.

 

Interest Rate

The periodic charge, expressed as a percentage, for use of credit.

 

 

 

J

Jumbo Loan

Mortgage loans over $203,150. Terms and underwriting requirements may vary from conforming loans.

 


 

 

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Lawyer – see Real Estate Attorney

 

Lien
A charge or claim by one party on the property of another as security for the payment of a debt.

 

Listing
A written agreement between a property owner and a real estate broker authorizing the broker to find a buyer.

 

Listing Agent
A Listing Agent is the agent who represents the seller.

 

Loan to Value Ratio (LTV)

A ratio determined by dividing the sales price or appraised value into the loan amount, expressed as a percentage.  For example, with a sales price of $100,000 and a mortgage loan of $80,000, your loan to value ratio would be 80%.  Loans with an LTV over 80% may require Private Mortgage Insurance, defined below.

 

Lock or Lock In

A commitment you obtain from a lender assuring you a particular interest rate or feature for a definite time period.  Provides protection should interest rates rise between the time you apply for a loan, acquire loan approval, and, subsequently, close the loan and receive the funds you have borrowed.


 

 

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Margin

An amount, usually a percentage, which is added to the index to determine the interest rate for adjustable rate mortgages.

 

Market Value
The price a property will command on the open market.

 

Mechanic's Lien

A statutory lien created in favor of contractors, laborers and material-men who have performed work or furnished materials in the erection or repair of a building.

 

Minimum Payment

The minimum amount that you must pay, usually monthly, on a home equity loan or line of credit.  In some plans, the minimum payment may be "interest only," (simple interest).  In other plans, the minimum payment may include principal and interest (amortized).

 

MLS (Multiple Listing Service)
A means by which agents are informed of the properties offered for sale by other agents.   A group of real estate brokers who share their listing agreements with one another in order to find buyers for listed properties more quickly than they could on their own.

 

Mortgage
A legal document pledging property to the lender as security for the payment of a loan.  

 

Mortgage Banker

Originates mortgage loans, loaning you their funds and closing the loan in their name.

 

Mortgage Broker

As do mortgage bankers, takes loan application and processes the necessary paperwork. Unlike a mortgage banker, brokers do not fund the loan with their own money, but work on behalf of several investors, such as mortgage bankers, S and L's, banks, or investment bankers.

 

Mortgage Insurance (MIP or PMI)

Insurance purchased by the borrower to insure the lender or the government against loss should you default. MIP, or Mortgage Insurance Premium, is paid on government-insured loans (FHA or VA loans) regardless of your LTV (loan-to-value).  Should you pay off a government-insured loan in advance of maturity, you may be entitled to a small refund of MIP.  PMI, or Private Mortgage Insurance, is paid on those loans which are not government-insured and whose LTV is greater than 80%.  When you have accumulated 20% of your home's value as equity, your lender may waive PMI at your request.  Be advised that PMI is NOT life insurance which pays off the mortgage in case of death.

 

Mortgage Loan

A loan which utilizes real estate as security or collateral to provide for repayment should you default on the terms of your loan.  The mortgage or Deed of Trust is your agreement to pledge your home or other real estate as security.

 

Mortgage Pre-approval

It is very important that potential buyers get pre-approved in writing from their lending institution.  Pre-approval means that their lender will guarantee them a mortgage of a certain amount of money if certain conditions are met, such as the home appraising for at least the amount of the loan, and that the property has clear title.

 

Mortgagee

The lender in a mortgage loan transaction.

 

Mortgagor

The borrower in a mortgage loan transaction.

 

Multiple Listing Service (MLS)

A MLS is a database of property that is for sale in a region that is covered by a Board of Realtors that maintains the database.  Individual real estate companies and agents become members of the Board and have access to the MLS so they can show their clients property in the database.  Individuals and FSBO’s usually cannot list their property in the MLS, it’s usually just for Realtors; however, ‘some’ Multiple Listing Services will allow your listing for a fee.  Use search keyword “Board of Realtors” to find out about your local MLS.

 

 

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NATIONAL ASSOCIATION OF REALTORS ®
A trade organization composed of residential and commercial Realtors, who are brokers, salespeople, property managers, appraisers, counselors and others engaged in all aspects of the real estate industry.  The mission of NAR is to create and monitor ethics of Realtors.  Members are pledged to a strict Code of Ethics and Standards of Practice, which governs their conduct.  The NAR is America's largest trade association, representing 1.2 million members, including NAR's institutes, societies and councils, involved in all aspects of the residential and commercial real estate industries. See www.realtor.org for more information.

 

Negative Amortization

Amortization in which the payment made is insufficient to fund complete repayment of the loan at its termination.  Usually occurs when the increase in the monthly payment is limited by a ceiling.  The portion of the payment which should be paid is added to the remaining balance owed.  The balance owed may increase, rather than decrease over the life of the loan.

 

 

O

Offer
A proposal to purchase property at a specified price and terms.

 

One-Party Listing

If a Real estate agent has a client that may be interested in your house, the agent may approach you for a one party listing wherein you ‘cooperate’ and pay the agent a commission.  The agent will ask you to sign an agreement that allows them to show the property and that you will pay a commission of a specified amount if they sell it.  The agreement will also state that the agent represents the buyer.  Also see “Buyer’s Agent”.

   

In another scenario, the agent may already be a “buyer’s agent” and have a client that will pay them a commission for finding them your home.  In this case, the agent will collect their commission from the buyer and not you, the seller.  Without a Buyer’s agency agreement, A Realtor won’t take the time to show your home. 

 

Open House
The common real estate practice of showing "For Sale" homes to the public, during established hours.

 

Origination Fee
A fee charged by a lender to cover certain processing expenses for establishing and processing a new mortgage loan.
  It is generally computed as a percentage of the loan and may be tax deductible. 

 

Owner of Record
The person named in the public record as the owner of a property or mortgage.

 


 

 

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Parent Corporation

A corporation which owns 80% or more of every class of the issued and outstanding stock of another corporation or, in the case of a savings and loan association, 80% or more of its issued and outstanding guaranty capital.

 

PITI

Principal, interest, taxes and insurance, which comprise a monthly mortgage payment.

 

Points

A one time charge paid to the lender for issuing a loan.  The amount paid either to maintain, or lower the interest rate charged.  Each point is equal to one percent (1%) of the loan amount (i.e., two points on a $100,000 mortgage would equal $2,000).  Also see Discount Points.

 

Pre-Approved Buyers

Buyers that have an approval letter from a bank that says the bank will loan them the amount of money stated in the letter for a home that appraises for the value stated in the letter.  Pre-Approved buyers are good because you won’t be holding up a sale for someone that wants your home only to find out after going to the bank that they do not qualify for the loan necessary to buy it.  Get a pre-approval letter in writing, and make sure the buyer is good for the down payment required by the lender.

 

Prepayment Penalty

A fee paid to the lending institution for paying a loan prior to the scheduled maturity date.

 

Principal
The principal is the amount of debt, not including interest.  It is the face value of a mortgage.

 

Private Mortgage Insurance (PMI)

Private Mortgage Insurance is additional payment required on new loans by Lenders if the mortgage debt is below 80% of the home's appraised value.  The insurance protects the lender if the mortgagor defaults on the loan.  If buyers stay below this debt/equity ratio by making at least a 20% down payment, they are not required to pay PMI and their monthly payment will be less on the mortgage.  For more information on PMI, click here… http://www.ftc.gov/bcp/conline/pubs/alerts/pmialrt.htm

 

Purchase agreement  

A purchase agreement is a signed document stating the purchaser's agreement to buy and the seller's agreement to sell a specified property under stated terms and conditions.

 

 

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Qualified Buyer
A qualified buyer is a buyer who has demonstrated the financial ability to afford the asking price of a home.  Pre-qualifying with a lender can expedite the home buying transaction.

 

Qualifying Ratios

Comparisons of a borrower's debts and gross monthly income.  The ratio of your fixed monthly expenses to your gross monthly income, used to determine how much you can afford to borrow.  The fixed monthly expenses would include PITI along with other obligations such as student loans, car loans, or credit card payments.

 

Quit Claim Deed

A legal document transferring ownership of a property from one party to another.

 

 

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Rate Cap

A limit on how much the interest rate can change, either at each adjustment period or over the life of the loan.

 

Real Estate Attorney

Real estate attorneys specialize in real estate law and are knowledgeable about your state disclosure requirements and other specific matters pertaining to real estate.  State law does not require a lawyer to close your real estate transaction, but you should retain a real estate attorney if you are buying or selling.  Your attorney will review your paperwork, contracts, Title Insurance, and advise you on other matters regarding your transaction.

 

Real Estate Sales Agent

A person licensed by the state to sell Real Estate.  Salespersons are required to be licensed through an employing broker.  The salesperson does all regulated real estate business in the name of (and under the direct supervision of) the employing real estate broker, and only the employing broker can pay the salesperson a commission.  

 

REALTOR®

Definition from the website of the National Association of Realtors (www.realtor.org):

 

The term REALTOR® is a registered collective membership mark that identifies a real estate professional who is a member of the NATIONAL ASSOCIATION OF REALTORS® and subscribes to its strict Code of Ethics.

 

 

Code of Ethics
The Code establishes time-honored and baseline principles that come from the collective experiences of REALTORS® since the Code of Ethics was first established in 1913. Those principles can be loosely defined as:

 

·         Loyalty to clients;

·         Fiduciary (legal) duty to clients;

·         Cooperation with competitors;

·         Truthfulness in statements and advertising; and non-interference in exclusive relationships that other REALTORS® have with their clients.

 

Realtors are bound to a code of ethics published by their local board of Realtors, and Real Estate Agents are not.  The Board or Realtors regulates ethics and controls and monitors any complaints about Realtors.  You cannot be a "Realtor" unless you belong to a Board. They have higher standards of practice for real estate agents than the State has. There are real estate agents that are not Realtors.  They do not have to operate at a higher level of ethics than the State requires. Realtors are forced to operate at a much higher level than the State requires. Realtors may sit on a Board of Ethics and make decisions regarding ethics involved in the business.

 

Refinance
Obtaining a new loan to pay off an existing loan. Refinancing is a popular practice when interest rates drop.

 

Residential Sales Council
A not-for-profit affiliate of the NATIONAL ASSOCIATION OF REALTORS®. The Council awards the Certified Residential Specialist (CRS) Designation, to experienced members who have completed an advanced course of study in residential real estate.

 

Right to Rescission

The legal rights to void or cancel your mortgage contract in such a way as to treat the contract as if it never existed. Right of rescission is not applicable to mortgages made to purchase a home, but may be applicable to other mortgages, such as home equity loans.

 

 

S

 

 

Search Engine

Search Engines are used to find information and websites on the Internet using “search words” or “keywords” that you type in the search box. 

 

Security Interest

An interest that a lender takes in the borrower's property to assure repayment of a debt.

 

Seller's Market

A seller’s market is good for the seller, and means you can get top dollar for your home because there is more demand than supply.  This can be caused by the excitement of a new development, great economic conditions in your area, and so on.   Home prices are firm and many homes sell quickly.  Some listed homes may sell before reaching the MLS.  Some homes may receive multiple offers and even sell for more than the asking price.  If you are in a red hot market, you can get top dollar, and you do not need to accept a bad offer; you can afford to wait for a better one.

 

Selling Agent
The Selling Agent is the agent who obtains a buyer.  A selling agent may represent the buyer, or may be a subagent of the seller.

 

Servicing a Loan

The ongoing process of collecting your monthly mortgage payment, including accounting for and payment of your yearly tax and/or homeowners insurance bills.

 

Single Party Listing

See One Party Listing

 

Staging

The idea is called "staging", "fluffing", "home styling", "sprucing up", or just simply "interior decorating".  It is an approach to tastefully presenting a home for sale or rent to maximize its appeal, environment, and, of course, the price.  Staged homes are generally known to show better, sell or rent faster, and at a higher asking price.

 

Subagent

A salesperson who works for an agent.

 

Survey

A print showing the measurements of the boundaries of a parcel of land, together with the location of all improvements on the land and sometimes its area and topography.

 

 

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Title

The title is the written evidence that proves the right of ownership of a specific piece of property.  The evidence one has of right to possession of land.

 

Title Company – Title and Escrow Company

A Title and Escrow Company does the paperwork and calculates settlement costs for real estate transactions.  They also conduct a title search looking for liens and encumbrances (clouds on the title), and verifies ownership by the seller.  They also provide the title insurance.  Title Companies do not offer legal advice, but many are owned by lawyers or work closely with selected lawyers, a perfect candidate for help with your legal requirements and paperwork.  Title Companies also hold all funds and make disbursements at closing.

 

Title companies have FSBO kits that they give to home sellers for free.  The kits tell you things you need to know about your sale and how the Title Company can help you.  They also give you free forms like purchase agreements and so on.  Your local Title Company may even be able to provide you with plat maps, and a list of street addresses and phone numbers of all your neighbors.  Visit your local Title Companies, compare fees, and see how they can help you FSBO.   There are local customs and variations to what is covered in Title Insurance, and who pays the fees, so check with the Title Company for specifics that apply to your area.

 

Also see “Title Insurance” and “Escrow”.

 

Title Insurance

An insurance policy that protects against losses arising from title defects, such as forged or misfiled documents.  Title insurance is protection for lenders and home buyers against financial loss resulting from legal defects in the title.  For instance, if you buy a piece of property and at a later date another person proves ownership of it, the insurance will pay your losses (some exclusions apply).  When a property is mortgaged the lending institution has a separate title policy to protect its interests.  Some examples of problems that can arise with titles include:

 

§         Heirs with claims against the property

§         A forged deed or other fraud

§         Public record errors

§         Undisclosed liens or encumbrances

§         Public or private easements

 

There are local customs and variations to what is covered in Title Insurance, and who pays the fees, so check with the Title Company for specifics that apply to your area.

 

Title Search
An examination of the public records to determine whether the current title is clear or defective.  A title search is a close examination of all public records that involve title to a specific property.  The search is conducted to verify that there are no liens or other claims against the property other than those scheduled to be erased at closing if done for a purchase.  A title search verifies that all former owners have formally given up their rights to the property.  Title searches typically include documents filed during the previous 30-years.  The person conducting the search looks at items such as past owners and deeds, wills, trusts, mortgages, judgments, and other liens.

 

Town House
Also known as a row house.
  Generally refers to a type of dwelling having two floors, with the living area and kitchen on the first floor, and the bedrooms on the second.  Town houses share a common wall between units.

 

Transaction Coordinator

A specialist responsible for completing and verifying all of the contracts, disclosures, and other paperwork required to close real estate transactions.  Transaction coordinators are not attorneys or real estate brokers.

 

Transaction Fee

A fee which may be charged each time you draw on a home equity credit line.

 

Transfer Tax

Taxes that may be payable when the title passes from one owner to the next.

 

Trust Deed or Deed of Trust

An executed deed that conveys trust property to a trustee (or trustees) to secure the performance of a contract or contracts. This does not include a trust deed that encumbers, in whole or in part, trust property located in Arizona and in one or more other states.

 

Trust Property

Any legal, equitable, leasehold or other interest in real property which is capable of being transferred, whether or not it is subject to any prior mortgages, trust deeds, contracts for conveyance of real property or other liens or encumbrances.

 

Trustee

One that holds legal title to property in order to administer it for a beneficiary.  An individual, association or corporation, or the successor in interest thereto, to which trust property is conveyed by trust deed.  The trustee's obligations to the trustor, beneficiary and other persons are as specified in the Revised Statutes, together with any other obligations specified in the trust deed.

 

Trustor

The person conveying trust property by a trust deed as security for the performance of a contract or contracts, or the successor in interest of such person.

 

Truth-in-Lending Act

A federal law requiring a disclosure of credit terms using a standard format.  This is intended to facilitate comparisons between the lending terms of different financial institutions.

 

 

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Underwriting

The process of verifying data and approving a loan.

 

URL

An acronym for "Uniform Resource Locator," this is the address of a resource on the Internet.  World Wide Web URLs begin with http://

 

V

 

VA (Veterans Administration)
A federal agency designed to help veterans enter the housing market, guaranteeing mortgage loans with no down payment to qualified veterans.

 

Variable Rate

An interest rate that changes periodically in relation to an index.  Payments may increase or decrease accordingly.

 

VA Loan

A loan guaranteed by the U.S. Department of Veterans Affairs (VA).  VA loans are made to honorably discharged veterans or their un-remarried widows or widowers.  Such loans require a minimal or no down payment and offer lower interest rates.  More appropriately termed "VA Insured Loan."  A loan for which the Veteran's Administration insures the lender against losses the lender may incur due to your default.  VA Loan is available only to veterans possessing a Certificate of Eligibility.

 

Virtual Tours

Virtual tours are a method of showing your property on a website with 360 degree pictures.

 

 

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Walk-Through
A final inspection of a property before it changes ownership.

 

Website

Websites are sets of interconnected web pages located on an Internet Server and available to Internet users.  Websites may include a collection of text, images, sound, video, data files, and hyperlinks to other websites.  Websites are identified and accessed by their unique URL or Uniform Resource Locator.  Typing in a URL in your web browser program (like Microsoft Internet Explorer) is much like dialing a unique phone number on your telephone.  The URL takes you to a website, the telephone number takes you to a phone.  Websites may be prepared and maintained by a person, group, or organization. 

 

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