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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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