Real Estate Terms - D

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deed

A legal document conveying title to a property.

deed in lieu of foreclosure

A deed given by a mortgagor to the mortgagee to satisfy a debt and avoid foreclosure. Also called a "voluntary conveyance."

deed of trust

The document used in Nevada instead of a mortgage; title is conveyed to a trustee.

deed restriction

Limitations in the deed to a property that dictate certain uses that may or not be made of the property.

default

Failure to make mortgage payments on a timely basis or to comply with other requirements of a mortgage.

deficiency judgement

A court order against a borrower under a mortgage to pay to the lender an amount sufficient to make up for the difference between what the borrower owes under the mortgage and the amount the lender sold the property for under a mortgage remedy action.

delinquency

Failure to make mortgage payments when payments are due.

depreciation

A decline in the value of property; the opposite of appreciation.

discount

A sum of money held back from a mortgage advance as prepaid interest.

discount points

(see point)

distraint

A landlord's action for recovering arrears in rent by taking possession of and selling the tenant's personal property.

dower

The rights of a widow in the property of her husband at his death.

down payment

The part of the purchase price of a property that the buyer pays in cash and does not finance with a mortgage.

dual agency

This situation arises when an agent acts for both the buyer and seller creating a conflict of interests.

due-on-sale

A clause in a mortgage that allows the lender to demand repayment in full if the borrower sells the property.