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Safe
Rate - See Interest Rate.
Safety
Clause - A listing provision that grants the broker a
commission for a sale made within a specified period of time
after a listing expires, if the broker submits the name of the
buyer to the owner within a stated period of time as a party
with whom the broker had negotiated prior to expiration of the
listing.
Sale
Leaseback - See Leaseback.
Sales
Comparison Approach - See Market Comparison Approach.
Sales
Concessions and Financing
- 1)
Owner-financed transactions.
2) Chattel included in the sale.
3) Points or fees paid to the lender by the developer,
not by the borrower.
Sales
Contract - A written agreement between competent parties stating all
terms and conditions of a sale.
Sales
Price - The actual selling price of a property.
SAM
- See Shared Appreciation Mortgage.
Sandwich
Lease - See Sublease.
Satisfaction
of Mortgage
- The legal document, usually recorded, that proves that the
borrower completely paid off the mortgage.
It is given to the borrower by the lender.
Scheduled
Gross Income - Gross income based on 100% occupancy and
scheduled rents.
Scheduled
Items - A Federal Savings and Loan Insurance Corporation (FSLIC)
regulatory category in which every insured lending institution
is required to include the total amount of its slow loans,
real estate owned as a result of foreclosure, real estate sold
on contract and all non-conforming loans.
Seasoned
Loan - A loan that has been closed and on a lender’s books for at
least 12 months.
Secondary
Financing
- Loans secured by the property, but subordinated to the first
mortgage.
Secondary
(Mortgage)
Market - An informal market where existing mortgages are bought and
sold. It is the
traditional aftermarket for mortgage loans that brings
together lenders that sell mortgages with lenders, investors
and agencies that buy mortgages. Also called “secondary mortgage market,” it should not be
confused with a second mortgage.
Secret
Profit - An undisclosed profit of the agent, regardless of
the amount.
Section
- A parcel of land one mile square containing 640 acres,
formed by government survey.
Section
and Township Method - See Rectangular Survey System.
Secured
Property - Usually the lender who holds the security interest in, or
lien on, a property. Also
known as “mortgagee.”
(See Security Interest, Lien).
Securitization
- The process of converting mortgages in to mortgage-backed
securities.
Security
- The collateral or property given, deposited or pledged to
ensure the fulfillment of an obligation or payment of a debt.
Security
Deposit - A deposit made to assure future performance of
an obligation.
Security
Instrument
- A recorded legal document given by the borrower to the
lender. It
pledges the title of the property as insurance to the lender
for the full payment of the mortgage.
Mortgages, deeds of trust and deeds to secure debt are
considered security instruments. (See Mortgage, Deed of Trust).
The security instrument contains the description of the
property.
Security
Interest - The legal right or share that the mortgage lender holds to
the property.
Seller
Carryback - See Carryback.
Seller's
Market - Market condition characterized by more buyers
than sellers, so sellers have a more commanding
position.
Selling
Agent - The agent who brings the buyer for a property.
Send-Out
Slip - An agreement that if a broker discloses a property
to a prospective buyer, then the buyer will negotiate for that
property only through that broker.
Separate
Property - Property owned individually by a spouse in
which the other spouse has no interest.
Servicing
- All the management and operational procedures that the
mortgage company handles for the life of the mortgage, up
through foreclosure if necessary, including:
collecting the mortgage payments, ensuring that the
taxes and insurance charges are paid promptly, and sending an
annual report on the mortgage and the escrow accounts.
(See Escrow Account).
Servient
Tenement - An estate that is used by another under an
easement.
Servicing
Costs - The expenses incurred by the seller/servicer in servicing
loans, including money spent on staff, computer facilities,
foreclosure costs, etc.
Servicing
Fee - A monthly fee retained by the loan servicer according to the
terms of a servicing agreement.
Servicing
Released - A loan sale in which the original lender relinquishes loan
servicing responsibilities to the institution or investor
purchasing the loan.
Servicing
Retained - A loan sale in which the original lender’s servicing
department continues to service the loan after the sale to a
secondary institution or investor.
Setback
Lines - Imaginary lines established by local ordinances
where the construction of a building or structure cannot
cross. Also known as building lines.
Settlement
Statement
- The complete breakdown of costs involved in the real estate
transaction for both the seller and buyer.
Severalty
Ownership - Ownership by one person or entity alone.
Shared
Appreciation Mortgage - Mortgage under which the mortgagee
shares in the appreciated value of the property.
Sheathing
- A covering over studs and rafters. May be plywood,
boards or composition board over which the siding or roofing
is placed.
Sheriff's
Deed - A deed given by the sheriff when a property is sold
for execution of a judgment or sheriff's foreclosure sale.
Sheriff’s
Sale - A legally instituted sale of property in foreclosure that is
presided over by a sheriff appointed by the court.
Short
Rate Refund - A less-than-prorated refund received by an
insured who cancels an insurance policy.
Site
- Land suitable for building purposes, usually by the addition
of utilities or other services.
Soil
Pipe - The sewage pipe carrying waste from a building to
the sewer or septic system.
Soldiers
and Sailors Civil Relief Act - A law that restricts
foreclosure on a person in military service.
Sold
Loan - A mortgage loan that has been sold to another institution or
investor. Sold
loans may continue to be serviced by the seller.
Solvent
- Able to pay all of one's debts and financial
obligations.
Special
Agent - An agency in which the agent is authorized to
perform only designated acts (specific agency).
Special
Assessment
- A claim against a property which arises when a major
improvement is made by the local/state government.
For example, a sewer line, street paving or street
lighting. The
total cost is distributed among the benefited properties.
Failure to pay any installment of a special assessment
may result in foreclosure by the political entity which is
responsible for the assessment.
Special
Purpose Property - Property that has unique usage
requirements, such as a church or a museum, making it
difficult to convert to another use.
Special
Warranty Deed - A deed in which the seller warrants title
only as to those claiming an interest through or under the
grantor.
Specific
Lien - A lien against a specific property only, as opposed
to a general lien, which applies to all property of the
debtor.
Specific
Performance - A legal remedy requiring a party to perform
as agreed, ordinarily granted when money damages are
inadequate.
Specific
Power of Attorney - Allows an agent to act on the behalf
of a principal in a specified manner or area.
Spite
Fence - A fence that exceeds statutory height; considered
a nuisance.
Split
Rate - Use of separate capitalization rates for land and
improvements.
Spot
Zoning - Small areas of zoning use that do not fit with
the general use of the area (frequently resulting from
political influence).
Square
Foot Method - A method for finding the reproduction costs
of a building in which the cost per square foot of a recently
built comparable structure is multiplied by the number of
square feet in the subject property.
Square
Footage - Measurement by taking exterior dimensions,
excluding the garage.
Stagflation
- Inflation without economic growth.
Standby
Commitment
- A commitment to purchase a loan or loans with specified
terms, both parties understanding that delivery is not
guaranteed. The
commitment is issued for a fee, with willingness to fund in
the even that a permanent loan is not obtained.
Such commitments are typically used to enable the
borrower to obtain construction financing at a lower cost on
the assumption that permanent financing of the project will be
available on more favorable terms when the improvements are
complete and the project generates income.
Standard
Mortgage - A type of mortgage loan that carries a fixed interest rate
and has fixed monthly payments over the life of the loan. Traditionally, the most common type of conventional mortgage
loan.
Standard
Renewal - An insurance renewal option.
The renewal rate is based on the outstanding loan
balance at the time of each renewal.
Stare
Decisis - Legal principle stating that previous decisions
(precedent) should be considered by the courts.
Starker
Exchange - A delayed exchange where the exchange property
must be designated within 45 days of closing on the first
property, and the exchange must be completed within 180 days
of the closing of the first property.
Statute
of Frauds - Legislation requiring that certain contracts,
including those dealing in real estate, be in writing.
Statute
of Limitations
- A law which limits the bringing of a court action (civil or
criminal) to within a specified period of time or else it is
barred.
Statutory
Redemption Period
- A time period during which a mortgage, land contract, deed of
trust, etc., can be redeemed.
The time period is usually set by statute.
Statutory
Reporting
- An accounting method used by insurance companies to report
their financial information to regulators.
Statutory
Right of Redemption
- In certain
states, a defaulted borrower’s right to redeem his property
for a specified period of time after a foreclosure sale by
paying off the debt(s) in full. Also called “statutory redemption.”
Stay
- The ceasing of a judicial proceeding.
Steering
- Illegal practice of directing buyers to certain areas, based
on race.
Step
Lease - Lease with graduated increases.
Straight-Line
Depreciation - A method of depreciation whereby an equal
amount is deducted each year over the life of the asset.
Straight-Line
Recapture - A method of capital recapture in which total
accrued depreciation is spread over the useful life of a
building in equal amounts.
Straight
Note - A note on which interest only is paid, with the
entire principal payable on the due date.
Straight
Term
Mortgage - A mortgage loan
granted for a fixed term of years, with the entire loan
becoming due and payable at the end of that time.
Straw
Man - A substitute used to conceal the identity of an
actual purchaser.
Street
Improvement Bonds - Interest-bearing bonds issued by a
city or county to secure the payment of assessments levied
against land for street improvements.
Strict
Foreclosure
- A legal proceeding I which the lending institution brings
court action against the borrower.
The court sets a date by which the borrower must redeem
his debt in full or title will pass automatically to the
lender without public sale.
Studs
- Vertical 2" x 4" boards in a wall. Usually
16 inches on center (from center of one to the center of the
next stud).
Subagent
- A person whose agency status was conferred by an agent, not
the principal.
Subchapter
S Corporation - A small, closely held corporation that has
elected to be taxed as a partnership.
Subcontractor
- An individual or contracting firm agreeing to perform all or
part of a principal or general contract; someone hired by the
general contractor on an independent contractor basis.
Subdivision
- Land division in accordance with state subdivision
laws.
Subdivision
System - See Lot and Block System.
Subjacent
Support - Support of the surface by the underlying ground.
Subject
Property - The property that is the subject of an appraisal.
Subjective
Value - The use value to an owner.
"Subject-To"
Mortgage - An agreement that allows the buying of real
estate without agreeing to pay an encumbrance. Buyer is
not personally liable on the loan, so a deficiency judgment is
not possible. Buyer must make payments, however, or the
lienholder will foreclose.
Sublease
- A lease given by the original tenant (lessee) who now
becomes the the sublessor. The new sublessee is a tenant
of the original lessee, not the landlord.
Sublet
- See Sublease.
Subordinate
Lien - A lien by which an encumbrance is made subject to or junior
to the original lien.
Subrogation
- The substitution of one person for another, so that the
former may exercise certain rights or claims of the latter.
Substitution
- The appointment of a person to act in place of, or for,
another.
Succession
- The legal act of taking, or right to take, property by will
or inheritance.
Summation
Method - See Cost Approach.
Summons
- A writ requiring the sheriff or other property officer to
notify the person named in an action that he or she is
required to appear on a specific day named to answer the
allegations of a petition or a complaint.
Sump
Pump - An automatic water pump set into the basement floor
to prevent groundwater from seeping into the basement.
Surface
Water - Water not in a defined channel.
Surrender
- Mutual agreement of the parties to end a lease; all further
obligations of the parties are terminated.
Survey
- A measurement of land, prepared by a registered land
surveyor, showing the location of the land with reference to
known points, its dimensions and the location and dimensions
of any improvements.
Sweat
Equity - Equity earned through the owner's construction or
improvements.
Swing
Loan - See Bridge Loan.
Syndicate
- Two or more persons who have joined together for investment
purposes. A descriptive term for multiple ownership,
syndicates may be general partnerships, limited partnerships,
corporations or REITs.
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