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Welcome > Resources > Real Estate Dictionary - A
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Deed |
A written document that conveys the ownership of
real estate from one person or party to another |
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Deed-in-lieu, or Deed-in-lieu of
foreclosure |
A deed given by a mortgagor to the mortgagee
when the mortgage is in default, to avoid foreclosure |
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Deed of trust |
A written document that grants a trustee, in the
event of foreclosure, the full power to sell, mortgage and subdivide the
property in question |
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Deed Restriction |
A clause in a Deed that limits the uses of the
property (e.g., types or quantities of structures permitted) |
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Default |
The failure to meet the legal obligations in a
contract; in real estate, failure to pay mortgage payments as scheduled or to
comply with other stipulations of the mortgage |
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Deferred interest |
Interest on a mortgage which is delayed because
the monthly payment of the mortgage is not large enough to cover the entire
principal and interest due, and therefore is added to the loan balance See
"negative amortization" |
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Deficiency judgment |
A claim made by the holder of a note against the
maker, in the event that a foreclosure sale does not bring in enough proceeds
to fully cover the note and the costs of sale, for the
difference |
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Delivery |
The final, unconditional and absolute transfer
of a Deed from seller to buyer, such that the seller cannot revoke the transfer
of ownership; the Deed itself does not pass title until the seller delivers it
to the buyer |
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Depreciation |
A decline in the value of property, due to any
cause; the opposite of appreciation Also an expense deduction taken for tax
purposes over the period of owning income property |
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Devise |
To dispose or convey ownership of real property
via a will |
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Disclosure |
A statement of facts made by the buyer about the
condition of a property being sold and its surrounding area, required by law in
most US states |
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Discount point |
A unit of measurement used for loan charges,
with one point equaling 1 percent of the value of the loan |
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Dower |
The rights of a spouse to the property of their
deceased spouse |
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Down payment |
The amount of the purchase price of a property
paid in cash (i.e. not financed with a mortgage) that is required to secure the
property; typically 20% |
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Dual agency |
Representation of opposing parties in a
transaction (e.g. when a realtor is the agent for both buyer and seller);
requires consent of both parties to be allowed, and is illegal in some US
states |
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Due-on-sale clause |
A provision in a mortgage allowing the lender to
demand payment of the entire balance of the note if the mortgagor sells or
otherwise transfers the property |
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Tax Considerations >Taxpayer Relief
Legislation included in the 1997 federal budget made significant changes that improve a homeowner's ability to profit from the sale of real estate.
The capital gains tax exclusions on the sale of a principal residence is just one of several benefits for homeowners. When you sell a home you have owned and use for two of the five years prior to the sale, married couples are allowed to keep up to $500,000 in tax-free profits and taxpayers filing as singles can keep up to $250,000 before paying capital gains tax.
Long-term capital gain is also taxed at lower rates as a result of the Jobs and Growth Tax Relief Reconciliation Act passed in 2003. The maximum capital gains tax rates dropped from 20% to 15% and from 10% to 5%, effective for sales and exchanges taking place on or after May 6, 2003 and through December 31, 2007. In 2008 the 15% rate continues for higher income taxpayers, while the 5% rate for lower income taxpayers drops to 0%, but only for the 2008 tax year. On January 1, 2009, the 10% and 20% rates will be reinstated.
Consult your tax advisor for advice regarding your particular circumstance.
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| Q |
What three things are necessary in order to purchase a home?
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| A |
Some cash, a dependable income and good credit. If you fall short, don't despair--homeownership may still be possible. |
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- NUMBER1EXPERT 
