Advance
Another word for mortgage. You may also find reference
to 'principal sum' and 'capital sum', which also
refer to the mortgage, as does the term 'legal
charge'. |
Assignment
Certain items, such as leases and endowment policies
cannot legally be sold, only assigned or reassigned.
It amounts to the same thing: ownership is transferred
in return for payment. |
Bonuses
In the context of an endowment policy, it is the
bonuses that will give you the profits at the
end of the term. This is why it is important
not to cash in an endowment in the early years. |
Capped Rate
The interest rate charged on this type of mortgage
will not rise above a certain level – the
cap – within a certain period. |
Charge
A charge against a property means that there is
a debt. Usually the main charge will be that
of the mortgage lender. However individuals can
place charges against a property following a
County Court Judgement. Before buying, a conveyancer
should check against the Land Registry’s
Charges Register for all charges, as the new
owner will be liable if they are not discharged
prior to sale. |
Completion
Date
The day upon which all moneys are paid and the
keys are handed over. |
Contract
Deposit
A sum of money paid upon contracts being exchanged.
Usually 5% to 10% of the contract purchase price.
If selling another property at the same time, it
might be possible to pass onto your vendor the
contract deposit that your purchaser pays to you.
Check this with your solicitor. |
Conveyancing
The process of transferring the ownership of property
from one person to another. |
Covenant
A legally enforceable written promise relating
to property documents, including leases. A restrictive
covenant may bar certain activities such as extending
a property. In leases, covenants may require
floors to be carpeted so as to reduce noise levels
for others, for example. |
Discounted
Rate Mortgage
A mortgage with a variable interest rate but discounted
for a set period. |
Disposable
income
Income that is left after paying your mortgage,
life assurances/pensions and other living expenses. |
Draft Contract
The document that is prepared by the vendor’s
solicitor setting out the Title for the property
that is to be sold together with the terms of sale. |
Early redemption
penalty
Where a mortgage is for a fixed or capped rate
of interest, or where it is discounted, there is
usually a penalty to pay in the event that the
mortgage is repaid before a set period of time. |
Easement
The right of one person to use someone else’s
property in certain circumstances. These usually
occur where there is a need for access roads, drainage,
telephone lines over another’s property. |
Endowment
Linked Mortgage
The borrower pays interest only to the mortgage
lender. The Endowment is a form of life assurance
policy with a built-in investment element that
is designed to pay off the principal sum when it
matures. It should be noted, however, that endowments
are not guaranteed to be worth enough to pay off
the principal sum on maturity. |
Equity
The net value of a mortgaged property after the
deduction of charges/mortgages. |
Exchange
of Contracts
Once the parties are satisfied that the Title is
good and all of the other terms of the sale/purchase
are understood and the necessary funding is in
place, then both parties sign their part of the
contract. Following this each solicitor sends their
client’s part to the other side’s solicitor.
Signing a contract does not bind a party to a sale
or purchase. But once contracts are exchanged then
the transaction becomes legally binding. On exchange
of contracts the purchaser is responsible for buildings
insurance. |
Fixed rate
The interest rate is fixed at a certain level for
a specific number of years. After that interest
is charged at the variable rate unless the lender
agrees to another period of fixed interest at
the rate that is appropriate at that time. |
FTB
First time buyer. |
Gazumping
Raising the price of a property or accepting a
higher offer after having accepted an offer from
a potential purchaser. |
Gazundering
Lowering the amount of an offer to a vendor, usually
just before exchange of contracts. |
Guarantor
Someone who guarantees another’s mortgage
payments. If the borrower is unable for any reason
to repay their mortgage, the guarantor will have
to make the payments on their behalf, or possibly
face having any property they put up as security
repossessed by the lender. |
House Doctor
An American idea and a recent import to the UK-
someone who has expertise in presenting residential
property to the market in order to make it more
appealing to potential buyers. The intention
is, of course, to boost the property’s
value. This relies upon the fact that most of
us totally lack imagination but know what we
like when we see it! |
(ISA) individual
savings account
A tax-free investment scheme that has replaced
Peps (Personal equity plans). |
ISVA
The Incorporated Society of Valuers and Auctioneers. |
Joint tenancy
When two or more people own a property in common,
and wish the share of any one who dies to pass
automatically to the survivor(s). In contrast,
see ’tenancy in common’. |
Land Charges
Search (charges stated below might vary
according to the local authority)
Local authorities carry out official local LAND
charge searches for solicitors and licensed conveyancers
on behalf of purchasers. These searches are on
the land as described or marked on a plan as submitted.
Most searches for residential properties are "standard" ones.
These reveal the local land charges register items
- developments, extensions planned to neighbouring
property, highways changes immediately affecting
the property (if any). There are a further 22 optional
enquiries which may be asked for an additional £6
(approx.) each and for a fee of £15 (approx.)
the council will answer further questions as required.
A further option would be to search on the adjoining
land and the fee for an extra parcel (submitted
at the same time as the search) would be £10.20p
(approx.). |
Land Registry
The Government department responsible for keeping
and updating details of all registered properties.
'’Office copies'’ containing details
of ownership and charges are readily available
in writing and, nowadays, also available online
to subscribers. |
Lease
A contract for the occupation of a property. |
Lessee
Leaseholder – the owner of a leasehold property. |
Lessor
Landlord – the person who grants a lease
and enforces its terms. |
Loan-to-value
The ratio that expresses the size of loan that
can be borrowed as a percentage of the valuer’s
valuation of the property. For example, most
lenders will grant up to 95% of their valuer’s
estimate of its value – the remaining 5%
deposit to be found by the borrower. Some lenders
will advance 100% of loan to value, but usually
charge a higher interest rate. |
MIGP
Mortgage Indemnity Guarantee Premium. This is an
insurance policy designed to protect the lender
from any loss of money if your home is repossessed
and sold for less than the value of your mortgage.
You may have to buy this insurance when you take
out the mortgage if you have a large loan-to-value
ratio – usually if you are borrowing more
than 75%. MIG can be expensive, often costing
more than £1,000. Some lenders spread the
premium over the term of the mortgage, others
make no charge for it. Although you may pay for
this insurance, any money that is paid out by
the insurer goes to the lender. |
Mortgage
Offer
The formal offer of mortgage defines the amount
that is to be paid together with all other terms
of the loan, including the term and initial interest
rate etc. |
NAEA
The professional body for estate agents – The
National Association of Estate Agents. |
Net Profits
A self-employed person’s income is taxed
according to their net profit after deducting legitimate
business expenses. The amount that a self-employed
person might borrow is usually calculated according
to the level of their net profits. Thus, a creative
accountant who succeeds in reducing a client’s
tax liability might also inadvertently reduce the
borrower’s borrowing ability. |
Office Copy
Entries For every land transaction in England and
Wales, the Land Registry records details of ownership
and charges onto a certificate called the 'Office
copy'. Whereas every transaction once might have
entailed having to examine a pile of old transfers
in order to establish good title, today the certificate
from the Land Registry significantly reduces
the amount of investigation that is necessary
and, thus, the chances of error. |
OEA
The Ombudsman for Estate Agents - the independent
Government-backed body that exists to protect
the public from rogue estate agents. Only 25%
or so of UK estate agents are members. Check
that you are dealing with an OEA member before
complaining. If you want to make a complaint
against a non-member then the OEA will not be
able to help! |
PIA
Personal Investment Authority – from March
2000 this will be known as FSA – the Financial
Services Authority. |
Preliminary
Enquiries
Important questions asked by the buyer’s
solicitor of the vendor’s solicitor before
contracts are exchanged. |
Additional
Enquiries
A buyer’s solicitor sometimes needs clarification
of answers provided to Preliminary Enquiries, or
they may simply think it appropriate to ask extra
questions. |
Replies
to Preliminary and Additional Enquiries
The vendor’s solicitor’s replies to
the questions raised. Often it will be necessary
to ask a vendor to assist in responding. |
RICS
The Royal Institution of Chartered Surveyors. |
Self-Certification
Commonly for self-employed people with a large
deposit but limited earnings track record. (Inaccurately)
known as a "non-status" mortgage. Some
lenders will accept the applicant’s assessment
of their net profits. |
Stamp Duty
A tax paid by the purchaser. Currently there is
no Stamp Duty for purchases up to £60,000;
1% of the contract purchase price between £60,001
and £250,000; 3% of the total contract
purchase price if it is between £250,001
and £500,000; and 4% of the total purchase
price where the contract sale price is £500,001
or above. |
Subject
to Contract
For the entire period between a sale/purchase being
agreed and exchange of contracts, the transaction
remains "subject to contract" which means
that it is not legally binding upon either party
to proceed to exchange of contracts. Either party
is legally entitled to withdraw or amend the terms
of the agreement for any reason. |
Tenancy
in Common
If one person dies, his or her property rights
pass on according to their will. |
Term Insurance
A form of life insurance taken out exclusively
for the period of a mortgage to protect the lender
in case of the death of the borrower. This is
an inexpensive form of insurance, however there
is no investment element built into it. Thus,
if the insured person lives then there will be
no return on the premiums paid. |
Title
This is the right to ownership of a property. Title
Deeds are the documents conferring ownership
of land or property. In the vast majority of
cases, where the land is registered, the Title
Deeds will be the Land Certificate or the Charge
Certificate issued by the Land Registry. |
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