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Habendum clause
The "to have and hold" clause which defines
or limits the quantity of the estate granted in the
premises of the deed.
Hard-money mortgage
Cash loan to a borrower.
Hazard insurance
Insurance coverage that in the event of physical damage
to a property from fire, wind, vandalism, or other
hazards.
Hereditaments
Property, personal and real, capable of being inherited.
High-rise
A nine-story or taller building containing residential
apartments or condominium units. In addition to spectacular
views, most high-rises offer their residents a full
range of amenities. Building features may include
24-hour concierge service, swimming pools, spas, saunas,
tennis courts, exercise areas, party rooms and guest
suites. Security is enhanced at these buildings by
the manned entry desks and limited access, covered
parking garages. Compare with mid-rise.
Highest and best use
The particular use of a real property which will produce
the greatest financial return. The optimum use of
a site as used in appraisal. This is often determined
by location, neighboring properties, deed restrictions
and local zoning regulations. A home built on a busy
street, surrounded by commercial property, and not
restricted from other development, is not fulfilling
its highest and best use. Once the property is redeveloped
into commercial property, it can meet it economic
potential.
Hold harmless
In a contract, a promise by one party not to hold
the other party responsible if the other party carries
out the contract in a way that causes damage to the
first party. For example, many leases include a hold
harmless clause in which the tenant agrees not to
sue the landlord if the tenant is injured due to the
landlord’s failure to maintain the premises.
In most states, these clauses are illegal in residential
tenancies, but may be upheld in commercial settings.
Home equity conversion mortgage (HECM)
A special type of mortgage that enables older
home owners to convert the equity they have in their
homes into cash, using a variety of payment options
to address their specific financial needs. Unlike
traditional home equity loans, a borrower does not
qualify on the basis of income but on the value of
his or her home. In addition, the loan does not have
to be repaid until the borrower no longer occupies
the property. Sometimes called a reverse mortgage.
Home equity line of credit
A mortgage loan, usually in second position, that
allows the borrower to obtain cash drawn against the
equity of his home, up to a predetermined amount.
Home equity loan
A fixed or adjustable rate loan obtained for a variety
of purposes, secured by the equity in your home. Interest
paid is usually tax-deductible. Often used for home
improvement or freeing of equity for investment in
other real estate or investment. Recommended by many
to replace or substitute for consumer loans whose
interest is not tax-deductible, such as auto or boat
loans, credit card debt, medical debt, and education
loans. Home equity loans were recently made available
in Texas due to changes the homestead laws as of January
1, 1999.
Home inspection
A thorough inspection by a professional that evaluates
the structural and mechanical condition of a property.
A satisfactory home inspection is often included as
a contingency by the purchaser.
HomeKeeperSM
Fannie Mae's adjustable-rate conventional reverse
mortgage, which allows older homeowners to borrow
against the value of their homes and receive the proceeds
according to the payment option they select. The amount
available is based on the number of borrowers and
their ages and the adjusted property value. Anyone
62 years or older who either owns his or her own home
free and clear or has very low mortgage debt is eligible.
Homeowner's association (HOA)
A nonprofit association that manages the common areas
of a planned unit development (PUD) or condominium
project. In a condominium project, it has no ownership
interest in the common elements. In a PUD project,
it holds title to the common elements.
Homeowner's insurance
An insurance policy that combines personal liability
insurance and hazard insurance coverage for a dwelling
and its contents.
Homeowner's warranty (HOW)
A type of insurance often purchased by homebuyers
that will cover repairs to certain items, such as
heating or air conditioning, should they break down
within the coverage period. The buyer often requests
the seller to pay for this coverage as a condition
of the sale, but either party can pay.
Homestead
(1) The house in which a family lives, plus any adjoining
land and other buildings on that land.
(2) Land, and the improvements thereon, designated
by the owner as his homestead and, therefore, protected
by state law from forced sale by certain creditors
of the owner. Texas offers homestead protection for
a single residential property. In addition, Texas
mandates a minimum $15,000 school district property
tax exemption on the appraised value of a homestead
property. Other taxing authorities, such as cities
and counties, may offer additional property tax exemptions
on homesteads. Homestead protection will not stop
foreclosures for deliquent mortgages, taxes or mandatory
homeowner's association dues.
(3) Land acquired out of the public lands of the United
States. The term "homesteaders" refers to
people who got their land by settling it and making
it productive, rather than purchasing it outright.
HomeStyle® mortgage loan
A mortgage that enables eligible borrowers to obtain
financing to remodel, repair, and upgrade their existing
homes or homes that they are purchasing. The financing
takes the form of a conventional second mortgage or
a Federal Housing Administration (FHA) Section 203(k)
first mortgage.
Home warranty
A service contract that covers a major housing system--for
example, plumbing or electrical wiring--for a set
period of time from the date a house is sold. The
warranty guarantees repairs to the covered system
and is renewable. A basic, one year Buyer's warranty
costs $295 to $350 with additional coverage available
for garage door openers, spas, swimming pools, sprinkler
system and other appliances.
House closing
The final transfer of the ownership of a house from
the seller to the buyer, which occurs after both have
met all the terms of their contract and the deed has
been recorded. Also known as just "closing".
Housing expense ratio
The percentage of gross monthly income that goes toward
paying housing expenses.
HUD (U.S. Department of Housing and Urban Development
A federal department active in a variety of national
housing programs including urban renewal and public
housing.
HUD Median income
Median family income for a particular county or metropolitan
statistical area (MSA), as estimated by the Department
of Housing and Urban Development (HUD).
HUD-1 Settlement statement
A document that provides an itemized listing of the
funds that were paid at closing. Items that appear
on the statement include real estate commissions,
loan fees, points, and initial escrow (impound) amounts.
Each type of expense goes on a specific numbered line
on the sheet. The totals at the bottom of the HUD-1
statement define the seller's net proceeds and the
buyer's net payment at closing. It is called a HUD1
because the form is printed by the Department of Housing
and Urban Development (HUD). The HUD1 statement is
also known as the "closing statement" or
"settlement sheet."
HUD-1 statement
A document that provides an itemized listing of the
funds that are payable at closing. Items that appear
on the statement include real estate commissions,
loan fees, points, and initial escrow amounts. Each
item on the statement is represented by a separate
number within a standardized numbering system. The
totals at the bottom of the HUD-1 statement define
the seller's net proceeds and the buyer's net payment
at closing. The blank form for the statement is published
by the Department of Housing and Urban Development
(HUD). The HUD-1 statement is also known as the "closing
statement" or "settlement sheet.".
Hybrid financing
The joining together of two forms of finance, such
as combining a convertible loan with a participation
loan, under which the lender has the right at loan
maturity to convert the debt to a 50 percent ownership
in the property.
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