RD Glossary
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    Contract of sale

    The agreement between the buyer and seller on the purchase price, terms, and conditions necessary to both parties to convey the title to the buyer.

    Conventional mortgage

    Refers to home loans other than government loans (VA and FHA).

    Convertible ARM

    An adjustable-rate mortgage that allows the borrower to change the ARM to a fixed-rate mortgage within a specific time.

    Conveyance

    Written instrument, such as a deed or lease, that evidences transfer of some ownership interest in real property from one person to another.

    Cooperative (co-op)

    A type of multiple ownership in which the residents of a multiunit housing complex own shares in the cooperative corporation that owns the property, giving each resident the right to occupy a specific apartment or unit.

    Cost of funds index (COFI)

    One of the indexes that is used to determine interest rate changes for certain adjustable-rate mortgages. It represents the weighted-average cost of savings, borrowings, and advances of the financial institutions such as banks and savings & loans, in the 11th District of the Federal Home Loan Bank for the USA.

    Counter offer

    The rejection of an offer to buy or sell that simultaneously makes a different offer, changing the terms in some way. For example, if a Buyer offers $160,000 for a home, and the Seller replies that he wants $175,000, the Seller has rejected the Buyer's offer of $160,000 and made a counteroffer to sell at $175,000. The legal significance of a counteroffer is that it completely voids the original offer, so that if the Seller decided to sell for $160,000 the next day, the Buyer would be under no legal obligation to pay that amount for the property.

    Covenant

    A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are found in deeds or in documents that bind everyone who owns land in a particular development.

    Credit

    An agreement in which a borrower receives something of value in exchange for a promise to repay the lender at a later date.

    Credit history

    A record of an individual's repayment of debt. Credit histories are reviewed my mortgage lenders as one of the underwriting criteria in determining credit risk.

    Credit report

    A report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness.

    Credit repository

    An organization that gathers, records, updates, and stores financial and public records information about the payment records of individuals who are being considered for credit.

    Creditor

    A person or entity (such as a bank) to whom a debt is owed.

    Cul-de-sac

    A dead end street which widens sufficiently at the end to permit an automobile to make a "U" turn.

    Debt
    An amount owed to another.
    Deed

    A written instrument by which title to land is conveyed.

    Deed of trust

    Some states in the USA, like California, do not record mortgages. Instead, they record a deed of trust which is essentially the same thing.

    Deed-in-lieu

    Short for "deed in lieu of foreclosure," this conveys title to the lender when the borrower is in default and wants to avoid foreclosure. The lender may or may not cease foreclosure activities if a borrower asks to provide a deed-in-lieu. Regardless of whether the lender accepts the deed-in-lieu, the avoidance and non-repayment of debt will most likely show on a credit history. What a deed-in-lieu may prevent is having the documents preparatory to a foreclosure being recorded and become a matter of public record.

    Default

    Non-performance of a duty arising under a contract or otherwise.

    Defeasanse

    A clause in a deed, lease, will or other legal document that completely or partially negates the document if a certain condition occurs or fails to occur. Defeasance also means the act of rendering something null and void. For example, a will may provide that a gift of property is defeasable--that is, it will be void--if the beneficiary fails to marry before the willmaker's death.

    Delinquency

    Failure to make mortgage payments when mortgage payments are due. For most mortgages, payments are due on the first day of the month. Even though they may not charge a "late fee" for a number of days, the payment is still considered to be late and the loan delinquent. When a loan payment is more than 30 days late, most lenders report the late payment to one or more credit bureaus.

    Delivery

    The actual transfer of the deed, or an act of a seller showing intent to make a deed effective, without which, there is no transfer of title to the property.

    Deposit

    A sum of money given in advance of a larger amount being expected in the future. Often called in real estate as an "earnest money deposit."

    Depreciation

    A loss in value.

    Devise

    A transfer of real estate by will or last testament.

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