That part of a deed beginning with the words "to have and to hold," following the grantor is conveying.
Fit for human habitation. (See implied warranty)
As defined in the fair housing act, a physical or mental impairment that substantially limits one or more major life activities (walking, seeing, learning, working) or a record of having such an impairment or being regarded as having such impairment. Handicap does not include current, illegal use of or addiction to a controlled substance. (See disability)
hard money loan
A loan made in cash.
hazardous waste disclosure
California Health and Safety Code (å¤ 25359.7(a)) requires owners of nonresidential properties to disclose to prospective buyers or lessees the existence of hazardous substances on or beneath a property. Both residential and nonresidential tenants are required to notify landlords if hazardous substances have been released on a property.
A metric land measurement equal to about 2.471 acres or about 107,637 square feet. [Example: Abel sold 6 hectares of land in Puerto Rico for $20,000.]
A person who inherits under a will or a person who succeeds to property by the state laws of descent if the decedent dies intestate. (See intestate)
heirs and assigns
A term often found in "deeds" and "wills" to grant a fee simple estate. [Example: Abel wills property to "Baker, heirs and assigns." Upon inheriting the property, Baker can sell it or will it to "heirs."]
Property capable of being inherited.
The quality or state of being heterogeneous; different in kind; unlike; incongruous.
Generally, a building that exceeds 6 stories in height and is equipped with elevators. Example: A "high-rise" building is constructed to include retail space on the first floor, 8 floors of office space, 10 floors of condominium units, and a club/restaurant on the 20th floor.
high-rise office building
Higher than twenty-five stories above ground level.
highest and best use
An "appraisal" term meaning the legally and physically possible use that, at the time of the appraisal, is most likely to produce the greatest net return to the land and/or buildings over a given period. [Example: A vacant lot in the city is valued at $10,000 if developed for a single-family house, $20,000 as an apartment building, $25,000 as a retail store, and $30,000 as a small chemical processing plant. Because of "restrictions" on water supply and disposal, the chemical plant is not physically or legally possible. "Zoning" laws prohibit commercial development. Therefore, the "highest and best use" of the lot is for an apartment building.]
Sometimes called mixed-use developments (MUDs), combine office space, stores, theaters and apartment units in a single vertical community. MUDs usually are self-contained and offer laundry facilities, restaurants, food stores, valet shops, beauty parlors, barbershops, swimming pools and other attractive and convenient features.
The actual amount of money spent at the time the asset was purchased or the improvements were built. See also Current Cost.
A building that is officially recognized for its historic significance and has special status under the 1976 Tax Reform Act, which encourages "rehabilitation" and discourages "demolition" or substantial alteration of the structure. In 1981 a special tax law allowed a 25% "tax credit" for rehabilitation for "certified historic structures", reduced to 20% in 1986. Example: Because the old office building was designated a certified "historic structure", its owner decided to restore the building to take advantage of allowable tax deductions.
hold harmless clause
A contract provision whereby one party agrees to indemnify and protect the other party from any injuries or lawsuits arising out of the particular transaction. Such clauses are usually found in leases in which the lessee agrees to "indemnify, defend and hold harmless" the lessor from claims and suits of third persons for damage resulting from the lessee's negligence on the leased premises.
Money not paid until certain events have occurred, such as a "floor loan" of a "loan commitment" or "retainage" on a construction contract. Example: The developer has a 10% "holdback' from subcontractors until the building "inspection" is complete.
holder in due course
The holder of a negotiable instrument (check or note) purchased for value when the instrument appears complete and regular on its face; is taken before its due date and without notice of previous dishonor; and the holder has no notice of any defects in title of the transferor.
A tenancy whereby a lessee retains possession of leased property after the lease has expired and the landlord, by continuing to accept rent, agrees to the tenant's continued occupancy as defined by state law.
A "tenant" who remains in possession of leased property after the expiration of the lease "term." (See tenancy at sufferance)
A will that is written, dated and signed in the testator's handwriting, but not witnessed. Some states consider a holographic will to be valid even though it was not witnessed, presumably on the theory that the handwriting can be analyzed to verify authenticity and demonstrate competency.
home equity loan
A loan (sometimes called a line of credit) under which a property owner uses his or her residence as collateral and can then draw funds up to a prearranged amount against the property.
Home Mortgage Disclosure Act (HMDA)
Enacted by Congress in 1975 and implemented by the Federal Reserve Board's Regulation C, a federal law that requires lenders with federally related loans to disclose to the Federal Reserve the number of loan applications and loans made in different parts of their service areas; designed to eliminate the discriminatory practice of redlining. (See Federal Reserve, redlining)
home warranty insurance policy
An insurance policy that insures against plumbing, electrical, heating, and major appliance problems for the term of the policy.
Instructions given to a property owner by a listing broker that advise the owner of cleaning and repairs that will improve the appearance and increase the value of a listed property.
A nonprofit association of homeowners organized pursuant to a declaration of restrictions or protective covenants for a subdivision, PUD or condominium.
homeowner's insurance policy
A standardized package insurance policy that covers a residential real estate owner against financial loss from fire, theft, public liability and other common risks. (See basic form homeowner's policy and broad form homeowner's policy)
A statutory exemption of real property used as a home from the claims of certain creditors and judgments up to a specified amount; requires a declaration of homestead be completed and filed with the county recorder's office.
The amount of homestead protection from unsecured creditors.
Composed of parts all of the same kind or of the same kind or nature; essentially alike.
Housing accommodations are any improved or unimproved real property, or portion thereof, used as the home, residence, or sleeping place of one or more human beings. It does not include accommodations operated by non-profit religious, fraternal, or charitable associations or corporations, provided that such accommodations are used in the furtherance of the primary purposes for which the association or corporation was formed.
housing affordability index
A measure of the percentage of the United States population who can afford to purchase a home; based on average income and average home price.
Housing Financial Discrimination Act of 1977 (Holden Act)
The Act prohibits financial institutions (banks, savings & loans, or other financial institutions, including mortgage loan brokers, mortgage bankers and public agencies) from engaging in discriminatory loan practices.
One of two tests which determines whether an investment unit is a security. The other test is called the risk capital test.
A federal cabinet department officially known as the U.S. Department of Housing and Urban Development, HUD is active in national housing programs. Among its many programs are urban renewal, public housing, model cities, rehabilitation loans, FHA-subsidy programs and water and sewer grants. The Office of Interstate Land Sales Registration is under HUD's jurisdiction, as are the Federal Housing Administration (FHA) and the Government National Mortgage Association (GNMA).
HUD-1 settlement statement
At closing, in conformance with Real Estate Settlement Procedures Act (RESPA) regulations, a HUD-1 settlement statement is prepared showing the exact closing costs to buyer and seller. (See RESPA)
An acronym that refers to climate-control system in buildings (Heating, Ventilation, and Air-Conditioning.)
To pledge real or personal property as security for a loan or other obligation without surrendering possession of the property. The borrower retains the rights of control and possession, and the lender secures an underlying equitable right in the pledged property.