
LACHES
Delay or negligence in asserting one's
legal rights.
LAND The material of the earth, whatever
may be the ingredients of which it is composed, whether soil,
rock, or other substance, and includes free or unoccupied space
for an indefinite distance upwards as well as downwards.
LAND CONTRACT A contract used in a sale
of real property whereby the seller retains title to the property
until all or a prescribed part of the purchase price has been
paid. Also commonly called a conditional sales contract, installment
sales contract or real property sales contract. (See REAL PROPERTY
SALES CONTRACT for statutory definition.)
LAND AND IMPROVEMENT LOAN A loan obtained
by the builder/developer for the purchase of land and to cover
expenses for subdividing.
LANDLORD One who rents his or her property
to another. The lessor under a lease.
LATE CHARGE A charge assessed by a lender
against a borrower failing to make loan installment payments
when due.
LATER DATE ORDER
The commitment for an owner's
title insurance policy issued by a title insurance company which
covers the seller's title as of the date of the contract. When
the sale closes, the purchaser orders the title company to record
the deed to purchaser and bring down their examination to cover
this later date so as to show purchaser as owner of the property.
LATERAL SUPPORT
The support which the soil
of an adjoining owner gives to a neighbor's land.
LEASE
A contract between owner and tenant,
setting forth conditions upon which tenant may occupy and use
the property and the term of the occupancy. Sometimes used as
an alternative to purchasing property outright, as a method of
financing right to occupy and use real property.
LEASEHOLD ESTATE
A tenant's right to occupy
real estate during the term of the lease. This is a personal
property interest.
LEGAL DESCRIPTION A land description recognized
by law; a description by which property can be definitely located
by reference to government surveys or approved recorded maps.
LESSEE One who contracts to rent, occupy,
and use property under a lease agreement; a tenant.
LESSOR An owner who enters into a lease agreement
with a tenant; a landlord.
LEVEL-PAYMENT MORTGAGE
A loan on real estate
that is paid off by making a series of equal (or nearly equal)
regular payments. Part of the payment is usually interest on
the loan and part of it reduces the amount of the unpaid principal
balance of the loan. Also sometimes called an "amortized mortgage"
or "installment mortgage".
LEVERAGE The use of debt financing of an
investment to maximize the return per dollar of equity invested.
LIEN
A form of encumbrance which usually
makes specific property security for the payment of a debt or
discharge of an obligation. Example: judgments, taxes, mortgages,
deeds of trust, etc.
LIFE ESTATE An estate or interest in real
property, which is held for the duration of the life of some
certain person. It may be limited by the life of the person holding
it or by the life of some other person.
LIFE OF LOAN CAP (CAP RATE) With regard
to an adjustable rate mortgage, a ceiling the note rate cannot
exceed over the life of the loan.
LIMITATIONS, STATUTE OF The commonly used
identifying term for various statutes which require that a legal
action be commenced within a prescribed time after the accrual
of the right to seek legal relief.
LIMITED PARTNERSHIP A partnership consisting
of a general partner or partners and limited partners in which
the general partners manage and control the business affairs
of the partnership while limited partners are essentially investors
taking no part in the management of the partnership and having
no liability for the debts of the partnership in excess of their
invested capital.
LINTEL A horizontal board that supports
the load over an opening such as a door or window.
LIQUIDATED DAMAGES
A sum agreed upon by
the parties to be full damages if a certain event occurs.
LIQUIDATED DAMAGES CLAUSE A clause in a
contract by which the parties by agreement fix the damages in
advance for a breach of the contract.
LIQUIDITY Holdings in or the ability to
convert assets to cash or its equivalent. The ease with which
a person is able to pay maturing obligations.
LIS PENDENS
A notice filed or recorded for
the purpose of warning all persons that the title or right to
the possession of certain real property is in litigation; literally
"suit pending"; usually recorded so as to give constructive notice
of pending litigation.
LISTING
An employment contract between principal
and agent authorizing the agent to perform services for the principal
involving the latter's property; listing contracts are entered
into for the purpose of securing persons to buy, lease, or rent
property. Employment of an agent by a prospective purchaser or
lessee to locate property for purchase or lease may be considered
a listing.
LIVERY OF SEISIN (SEIZIN) The appropriate
ceremony at common law for transferring the possession of lands
by a grantor to a grantee.
LOAN ADMINISTRATION
Also called loan servicing,
Mortgage bankers not only originate loans, but also "service"
them from origination to maturity of the loan through handling
of loan payments, delinquencies, impounds, payoffs and releases.
LOAN APPLICATION The loan application is
a source of information on which the lender bases a decision
to make the loan; defines the terms of the loan contract, gives
the name of the borrower, place of employment, salary, bank accounts,
and credit references, and describes the real estate that is
to be mortgaged. It also stipulates the amount of loan being
applied for and repayment terms.
LOAN CLOSING
When all conditions have been
met, the loan officer authorizes the recording of the trust deed
or mortgage. The disbursal procedure of funds is similar to the
closing of a real estate sales escrow. The borrower can expect
to receive less than the amount of the loan, as title, recording,
service, and other fees may be withheld, or can expect to deposit
the cost of these items into the loan escrow. This process is
sometimes called "funding" the loan.
LOAN COMMITMENT
Lender's contractual commitment
to make a loan based on the appraisal and underwriting.
LOAN-TO-VALUE RATI0
The percentage of a property's
value that a lender can or may loan to a borrower. For example,
if the ratio is 80% this means that a lender may loan 80% of
the property's appraised value to a borrower.
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