Real Estate Glossary
and Dictionary
for Tax Lien L
Terms
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of Real Estate Terms related to Tax Liens and Tax
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L Terms.
Laches
- Negligence
or undue delay in asserting a legal right or privilege. It
is an equitable defense accusing an opposing party of having
“sat on his rights”; as a result
of this delay, the delaying party is undeserving of
equitable relief. It is a form of estoppel for
delay
Land contract
- A real estate
installment selling arrangement whereby the
buyer may
use and occupy land, but no deed is given by the seller
until the sales
price has been fully paid.
Land lease
- A lease held
upon the land. Land leases are common in the states
of Hawaii
and Maryland. They are typically for long periods of time
(up to 100 years). A
lessee obtaining a long term land lease may build a
structure upon the land and pay an annual lease amount to
the owner of the land. At the
expiration of the lease, any structures on the land may
revert in ownership to the lessor.
Land
Trust - A revocable,
living trust primarily used to hold title to real estate for
privacy and anonymity. Also known as an Illinois Land Trust
or Nominee Trust. The land trustee is a nominal title
holder, with the beneficiaries having the exclusive right to
direct and control the actions of the trustee.
Landlocked
-
condition of a lot that has no access to public thoroughfare
except through an adjacent lot.
LASER - Fannie Mae’s computerized delivery
and reporting system.
Late charge
- The penalty
assessed for borrower’s failure to tender payment on a
timely basis that is agreed to at the time of the execution
of the contract by all
parties to the agreement. The typical late charge is 4 to 5
percent of the payment amount
assessed if the installment is received more than 15
days after the due
date of the installment.
Late
Payments - Payments that are
made past their due dates according to the loan
documents.
Lease - A contract or agreement which creates
a relationship of landlord and tenant (real property) or
lessor and lessee (real or personal property )under
which the possession
and use of a real and/or personal property are given,
by the owner, to another for a stated period and for
a stated consideration.
Leasehold estate
- Tenant’s right of
possession for a specific period of time under a lease
agreement. A way of holding title to a property wherein the
mortgagor does not actually own the property but rather has
a recorded long-term lease on it.
Lease with option to buy (Lease
Purchase Agreement) - A lease under which the lessee has
the right to purchase
the property. The option may run for a portion or for the
full length of the lease.
Leasehold - The interest that the tenant has
created by a lease.
Legal
Blemish - Blemishes on a piece
of property, such as a zoning violation or fraudulent title
claim.
Legal
Description - legally acceptable
identification of real estate by government survey, metes
and bounds, or recorded plat.
Lender
- A general
term for individuals or organizations that provide
funding for borrowers
to purchase real estate, including banks, savings and
loans, credit
unions, mortgage bankers and institutional
lenders.
Lender
Approval
- A lender's agreement to allow an assumption after its
review of a borrower's creditworthiness and income. Lender
approval can also apply to an initial loan.
Less than Freehold Estate
- Estates in possession
generally referred to as leaseholds. Considered to exist for
a definite period of time, or successive periods, of time
until terminated by notice; also know as non-freehold
estates.
Lessee (tenant) -
A person to whom property
is rented under a lease. Lessor (landlord) -
A person who rents
property to another under a lease.
Lessor
- one
who rents property to another under a lease.
Let
- to
rent a property to a tenant.
Letter of
Intent - written expression
of desire to enter into a contract without actually doing
so.
Leverage - Using borrowed capital to finance
the purchase of real estate or other assets. (No money
down)
Levy - A seizure of real property by the
sheriff or marshal for the purpose of conducting a
foreclosure sale.
Liabilities
- a
person\'s debts or financial obligations. Liabilities
include long-term and short-term debt, as well as potential
losses from legal claims.
Liability
Insurance - insurance coverage
that offers protection against claims alleging that a
property owner\'s negligence or inappropriate action
resulted in bodily injury or property damage to another
party. See also homeowners insurance.
Lien
- A legal hold
or claim against the property as security for a debt,
judgment, mortgage or
taxes. The right given by law to satisfy debt.
Lienholder
- The person or
entity holding a lien recorded against a property.
A “senior lienholder” is
the first lien recorded against a property.
LienTheory
State-
A state where a
mortgage is viewed as a lien upon the property with title
retained by the mortgagor. Opposite of “Title Theory”
states.
Life estate
- An estate in
real property for the life of a living person. The
estate then
reverts back to the grantor or on to a third
party.
Life
Tenant - one who is allowed
to use property for life or the lifetime of another
designated person.
Lifetime cap
- Limits or
‘caps’ the maximum interest rate over the life of a
loan. Generally
associated with ARM loans (See ARM). The highest amount over
the initial interest rate that an adjustable mortgage can be
raised. Lifetime caps are typically in the range of 5.0% -
7.0%. If the initial interest rate is 5.25% and the lifetime
cap is 6.0%, the highest interest rate a borrower could pay
during the course of the loan would be 11.25% (5.25% +
6.0%).
Lift of stay
- A court order
releasing a debt collector from a bankruptcy
stay.
Like-Kind
Property - property having
the same nature.
Limited
Partnership - an entity in which
there is at least one partner who is passive and limits
liability to the amount invested and at least one partner
whose liability extends beyond monetary
investment.
Line Of
Credit - an agreement by a
lender to extend credit up to a certain amount for a certain
time without the need for the borrower to file another
application.
Liquidated
Damages - an amount agreed
upon in a contract that one party will pay the other in the
event of a breach of contract.
Liquidating plan -
A repayment plan wherein
the borrower immediately makes additional payments to cure a
delinquency. Generally, a liquidating plan will call for the borrower to
tender one and one-half payments or other multiple
payments each month until the delinquency is cured.
Effective form of forbearance where the initial reason for
the default has been resolved.
Liquidation -
The conversion of an
asset into cash. Some investors, such as Fannie Mae,
define a payoff of the loan as a liquidation.
Liquidation Appraisal
- An estimate of the
value of property when it is sold quickly in a forced sale.
Usually, this figure is lower than fair market value for a
regularly conducted sale.
Liquidation sale -
Any judicial, contractual
or statutory disposition of real property, under the terms
of the loan instruments and applicable law, to liquidate a
defaulted loan that is secured by such property.
Liquidity -
The ability of an
individual or business to quickly convert assets into
cash.
Lis Pendens -
(Lat. for “lawsuit
pending.”) Recorded notice that litigation is pending on
a property. Jurisdiction, power, or control courts
acquire over property in a suit pending action and until
the final judgment. Most lenders require the clearance of
any Lis Pendens before settlement.
Listing - A written authorization to sell or
lease real estate.
Loan application (1003) -
A document required by a
lender prior to loan approval. The application includes
detailed information about the borrower and the
property.
Loan Balance
- The amount a borrower
owes on a loan.
Loan broker -
A person who
negotiates and originates loans, terms, rates, and fees,
between the borrower and lender.
Loan Default
- See Default.
Loan fee
- A fee
assessed over and above the annual interest in order to
make the loan by
the lending institution.
Loan modification
- If your income is
permanently reduced, your lender may consider changing the
terms of your mortgage by reducing your interest rate,
lengthening the term of the loan, or adding the past-due
amount to your loan balance.
Loan officer
- A person who
works for or with a loan broker to originate
loans.
Loan
origination fee or points - Charge by a
lender or broker connected with originating a
loan. This is different from discount points, which are used
to “buy down” the
rate of interest.
Loan package
- Information
given to the lender regarding the borrower and
the property necessary to
make an underwriting decision. The organized
group of documents that contains all of the information
required to obtain an underwriting decision of loan approval
or loan denial. Depending on the type of loan and the
particular lender, a package may contain some or all of the
following as well as other documents - loan application,
statement of use of funds, statement of net worth, P & L
statements, tax returns, pay stubs, statements from various
types of banking and investment accounts, property
appraisal, letters of explanation, credit report,
verification of employment, verification of housing
payments, purchase agreement, etc. (See definition of
"underwriting" below.)
Loan Pool -
A group of
mortgages in which investors own shares.
Loan Processor
- The person who gathers
and prepares the paperwork used by a lender to decide whether
or not a loan should be made.
Loan-to-value ratio (LTV)
- The ratio of
the mortgage loan amount to the property’s appraised value. Small
down payments result in loans with a “high LTV.” This
could raise the interest rate.
Loan
servicing - The act of
collecting loan payments, handling property tax
and insurance
escrows, foreclosing on defaulted loans and remitting
payments to the
investors.
Loss Mitigation -
Action taken to reduce or
minimize the loss on an asset. Activities designed to reduce the
likelihood of foreclosure or the amount of
the loss associated
with a foreclosure. Typical forms of loss mitigation include
interest rate reduction, loan modifications, forbearance
plans, and loan term extensions.
Lot
Book
Report - A report made by a
title company that identifies and encumbrances recorded against
a particular property. A lot book report does not identify
liens recorded in the name of the owner that may affect
property.
Lot
and Block - method of identifying
legal description of property, see Legal
Description.
Lot
Line - a line bounding a lot
as described in a property survey.
Low-Documentation
Loan - A mortgage that
requires only minimal verification of income and
assets
Low-Down-Payment loan
- A home loan that
requires the borrower to make only a small down payment
before obtaining the financing needed to purchase a
house.
Loyalty - The duty owed by an agent, to avoid
conflicts of interest or any activity which is detrimental
to a principal.
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