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A
Abandonment
- The surrender, relinquishment, disclaimer, or cession of property or of
rights to property.
Abatement - To put an end to.
Ab Initio - From the beginning.
Ab Initio Mundi - From the beginning of the world.
Abstract - A brief summary.
Abstract of Judgment - A brief transcript of the essentials of a
judgment.
Abstract of Title - A summary of the conveyances, transfers and other
facts appearing of record and relied upon as evidence of title to real
property.
Abutting - Touching or bordering a street, highway, or other public
place.
Acceleration Clause - A clause in a note, trust deed, or mortgage
advancing or hastening the date of maturity of the indebtedness or obligation
upon the happening of a certain event.
Access Right - A landowner's right to have ingress to and egress from the
property to a public street.
Accession - Addition to property by natural increase or growth or
by installation of improvements.
Accommodation - An obligation assumed without consideration.
Accommodation Party - A person who signs a promissory note without
receiving value.
Accommodation Recording - The recordation of an instrument without
consideration and without assumption of responsibility for correctness or
validity.
Accretion - A process by which land on a shore or riverbank increases
gradually by the deposit of sand or soil upon the shore or riverbank.
Accrual - The growing or adding to.
Acknowledgment - A formal declaration before a duly authorized officer by
a person who has executed an instrument that such execution is his or her act
and deed.
Action - An ordinary proceeding in a court of justice by which one party
prosecutes another for the enforcement or protection of a right; the redress or
prevention of a wrong; or, the punishment of a public offense.
Action in Personam - An action in which judgment is sought against a
person.
Action in Rem - An action in which judgment is sought against property to
determine its status.
Actual Notice - Notice in fact or in reality to or by a party directly
and personally.
Ad - At; to; before; near; for; of; until; within.
Ad Curiam - Before the court; to the court.
Ad Litem - During the pendency of the action or proceeding.
Ad Valorem - According to value.
Adjoining Owners - Owners of two or more parcels of real property that
are contiguous to each other.
Adjudication - A judicial determination.
Administrator - Personal representative of the estate of an intestate
decedent.
Administratrix - A woman administrator.
Administrator C.T.A. - An administrator with will annexed. The letters
C.T.A. mean "cum testa-mento annexo" and are derived from Latin. If
administration is granted but the decedent has made an incomplete will without
naming executor(s) or if decedent names incapable persons or if executor(s)
refuses to act, the administrator is an 'Administrator C.T.A.'
Advances - Money paid before proper time of payment.
Adverse Possession - Claim of ownership of property based upon open and
hostile possession and occupancy.
Affiant - A person who has made an affidavit.
Affidavit - A written declaration under oath.
Affirmation - A declaration in writing under penalty of perjury.
After-Acquired Title - Title accepted by a grantor after his or her
previous conveyance.
Agency - A relationship between two or more persons whereby one is
authorized to act for another.
Agreement of Sale - An agreement entered into for the sale and purchase
of property.
AKA - Also Known As
Alcalde - Spanish for mayor or chief magistrate.
Alienate - To transfer title to property.
Alienation - The transfer of title to property.
Alienation Clause - Provision in a note or in a security instrument
calling for automatic maturity in the event of sale or transfer of title by
borrower.
Allegation - A statement of fact in a pleading yet to be proved.
All-Inclusive Deed of Trust - A deed of trust securing payment of an
obligation owing under a prior deed of trust.
Aliter - Otherwise.
Alluvion - Soil deposited by the process of accretion.
A.L.T.A. - American Land Title Association.
Amortization - Payment of principal and interest at stated periods for a
stated time until debt is extinguished.
Ancillary - An addition to.
Ancillary Administration - Probate estate administration in a state other
than the state of decedent's domicile.
Annexation - Addition to property or to territory.
Annuity - A yearly payment of money for life or for a term of years.
Annum - Year.
Ante - Before.
Antenuptial - Before marriage.
A Priori - From the past. From what goes before. Used in legal writing to
indicate a cause and effect relationship.
Appearance - Presence of a party litigant before the court.
Appraisal - Statement of value.
Appraiser - A person qualified to determine property value.
Appurtenance - Anything incidental to or belonging to land considered a
part of the real property.
Appurtenant - Belonging to.
Arbitrary (ARB) Map - A map made by a title company for its own
convenience in identifying parcels of real property.
Assessed Value - Value of property for taxation purposes.
Assessments - Special taxes imposed to pay for public improvements
beneficial to a limited area.
Assessor - County official who determines value of property for taxation
purposes.
Assets - Property of value, property having an economic benefit.
Assign - To transfer all of an interest in personal property.
Assignee - One to whom property is assigned.
Assignor - One who transfers property by assignment.
Assumpsit - An undertaking to do an act or to make payment.
Assumption Agreement - An agreement to undertake a debt or obligation
contracted by another.
Assumption Fee - The charge made by a lender when a buyer assumes
seller's existing loan.
Assumption of Mortgage - An agreement in which buyer agrees to be liable
for payment of an existing note secured by a mortgage or deed of trust.
Attachment - A judicial process by which a creditor obtains a lien upon
property of a debtor prior to adjudication of the debt.
Attestation Clause - The clause in a deed denoting the subscribing
persons are witnesses.
Attorn - To accept and acknowledge a new landlord.
Attorney-In-Fact - An agent authorized to act for another.
Avulsion - Sudden tearing away of land by violent action of a river or
other watercourse.
Ayuntamiento - Spanish for town council.
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B
Balloon Payment - Final installment payment of a promissory note larger
than any single preceding installment payment.
Bankruptcy - A proceeding in U.S. Bankruptcy Court wherein assets of a
debtor (unable or unwilling to pay debts) are applied by an officer of the
court in satisfaction of creditor claims.
Base Lines - Imaginary east-west lines that intersect meridians to form a
starting point for measurement of land.
Bench Mark - Location indicated on a durable marker by a land surveyor.
Beneficiary - One for whose benefit a trust is created. A lender secured
by a deed of trust.
Beneficiary's Demand - Payment required by a beneficiary under a deed of
trust before authorizing recon-veyance.
Beneficiary's Statement - Statement of a beneficiary under a deed of
trust as to principal balance due on a promissory note and other information
concerning the loan.
Benevolent Associations - Voluntary non-profit aggregations organized for
the benefit of members.
Betterment - Substantial improvement to real property.
Bequeath - To give personal property by will.
Binder - Written agreement to issue, within a specified time, a policy of
title insurance. Contract to insure.
Blanket Mortgage or Deed of Trust - A mortgage or deed of trust on more
than one lot or parcel.
Blue Sky Law - A law (generally of a state) protecting the public from
investing in fraudulent companies. Usually requires full disclosure of risks
associated with investment before the investment entity puts investor's monies
at risk.
Bona Fide - In good faith.
Bona Fide Purchaser - A purchaser in good faith, for fair value and
without notice of any adverse claim or right of third parties.
Bond - A written undertaking to pay a certain sum of money.
Bonded Debt - An indebtedness secured by a bond issue.
Building Contract - Agreement for the construction of a proposed
structure.
Building Lines - Lines established by ordinance or by statute beyond
which building is not permitted.
By-Law - A rule adopted for the internal government of a corporation or
unincorporated association.
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C
C.C. - Civil Code.
CC&Rs - Covenants, Conditions & Restrictions -- detailed limitations
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