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 FORECLOSURE TERMS REAL ESTATE TERMS | ||
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FORECLOSURE TERMS Accelerate: An option given to lenders through an "acceleration" clause in the mortgage or deed of trust requiring the borrower to pay the entire balance of the loan all at once if their loan is in default.  Back To Top Affidavit: A sworn statement in writing usually given while under oath or in the presence of a notary. Back To Top Appraisal: The process in which a licensed or authorized person gives an estimate of property value. Back To Top Appreciation: The difference between the increased value of the property and the original value. Back To Top Assignment: The transfer of property to be held in trust or to be used for the benefit of the creditors (lenders). Back To Top Bankruptcy Chapter 13: lets you rearrange your financial affairs, repay a portion of your debts and put yourself back on your financial feet. You repay your debts through a Chapter 13 plan. Under a typical plan, you make monthly payments to someone called a bankruptcy trustee, who is appointed by the bankruptcy court, for three to five years. The bankruptcy trustee distributes the money to your creditors. Back To Top Bankruptcy Chapter 7: Lets you eliminate (discharge) most of your debts in exchange for giving up property that is not protected by "exemption" laws. Someone called a bankruptcy trustee sells your property and distributes the money to your creditors Back To Top Bid: The offered amount for a property for sale at auction. Back To Top Certificate of Sale: A document given to the winning bidder at a foreclosure sale stating their rights to the property once the borrowers redemption period has expired. Back To Top Clear Title: A title that is not burdened with defects. Back To Top Credit Bid: A bid on behalf of the lender at a foreclosure sale. The bid amount must be less than or equal to the balance of the loan in default. Back To Top Decree: A judicial decision. Back To Top Deed: A signed document that transfers ownership of property from one party to another. Back To Top Deed-in-lieu of Foreclosure: An instance where borrowers voluntarily convey their rights in a property to the lender. Back To Top Deed of Trust: A three party security instrument conveying the legal title to real property as security for the repayment of a loan. The three parties included in a deed of trust are the borrower, lender and trustee. Back To Top Default: A mortgage or deed of trust is said to be in default when the borrower fails to make the payments as agreed to in the original promissory note. Back To Top Deficiency Judgment: A personal judgment against the borrower for the remaining balance on the loan after a foreclosure sale. Back To Top Equitable Title: The present right to possession with the right to acquire legal title once a preceding condition has been met. Back To Top Fair Market Value: The price a property would sell for on the open market. Back To Top Foreclosure: The forced sale of property pledged as security for a debt that is in default. Back To Top Free & Clear: Ownership of property free of all indebtedness. Back To Top Judicial Foreclosure: A foreclosure that is processed by a court action. Back To Top Lien: A charge upon real or personal property for the satisfaction of a debt. Back To Top Legal Description: A formal description of real property sufficient to locate it by reference to government surveys or approved recorded maps. Back To Top Lender: A person who lends money for temporary use on condition of repayment with interest (i.e., the bank, mortgage company, etc.). Back To Top Lis Pendens: A recorded notice of pending lawsuit. Back To Top Mortgage: A written pledge of property that is used as security for the repayment of a loan. Back To Top Non-judicial Foreclosure: The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. Back To Top Notary: A public officer licensed by the state to attest to and certify the validity of signatures of others. Often referred to as a notary public. Back To Top Notice of Sale: A notice giving specific information about the loan in default and the proceedings about to take place. This notice must be recorded with the county where property is located and advertised as stated in the security document or as dictated by state law. Back To Top Personal Property: Property other than real property consisting of things temporary or movable. Back To Top Posting: To publish, announce or advertise by physically attaching a notice to an object. Back To Top Postponement: To put off to a later time. In the case of a foreclosure sale, this is generally done by announcement at the original sale or by posting notices establishing the new date and time the foreclosure sale will take place. Back To Top Right of Redemption: A borrowers right to reacquire property lost due to a foreclosure. Back To Top Request for Notice: A recorded document requiring a trustee send a copy of a Notice of Default or Notice of Sale concerning a specific deed of trust in foreclosure to the person who filed the document. Back To Top Subject To: The purchase of a property with an existing lien against the title without assuming any personal liability for the liens payment. Back To Top Title: The instrument that is evidence of a persons right in real property (i.e., a deed). Back To Top Trustee: A neutral party who advertises the foreclosure property for sale and conducts the auction to sell said property to the highest bidder. Back To Top Trustee Sale: An auction of real property conducted by a trustee. Also known as a Sheriffs Sale. Back To Top Upset Bid: A recorded bid placed after a foreclosure sale has ended that is higher than the highest bid received at the actual foreclosure sale. Back To Top Writ: An order or mandatory process in writing issued in the name of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act. Back To Top |
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REAL ESTATE TERMS A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
Abatement:Often referred to as free rent or early occupancy and may occur outside or in addition to the primary term of the lease. Back To Top Above building standard: Upgraded finishes and specialized designs necessary to accommodate a tenant's requirements. Back To Top Absorption rate: The rate at which rentable space is filled. Gross absorption is a measure of the total square feet leased over a specified period with no consideration given to space vacated in the same geographic area during the same time period. Net absorption is equal to the amount occupied at the end of a period minus the amount occupied at the beginning of a period and takes into consideration space vacated during the period. Back To Top Ad valorem: Meaning "according to value," this is a tax imposed on the value of property that is typically based on the local government's valuation of the property. Back To Top Adjusted funds from operations (AFFO): A measure of REIT performance or ability to pay dividends used by many analysts with concerns about quality of earnings as measured by funds from operations (FFO). The most common adjustment to FFO is an estimate of certain recurring capital expenditures needed to keep the property portfolio competitive in its marketplace. Back To Top Administrative fee: Usually stated as a percentage of assets under management or as a fixed annual dollar amount. Back To Top Advances: Payments made by the servicer when the borrower fails to make a payment Back To Top Adviser: A broker, consultant or investment banker who represents an owner in a transaction. Advisers may be paid a retainer and/or a performance fee upon the close of a financing or sales transaction. Back To Top Aggregation risk: Risk associated with warehousing mortgages during the pooling process for future securitization. Back To Top Alternative or specialty investments: Property types that are not considered conventional institutional-grade real estate investments. Examples include congregate care facilities, self-storage facilities, mobile homes, timber, agriculture and parking lots. Back To Top Amortization: The liquidation of a financial debt through regular periodic installment payments. For tax purposes, the periodic deduction of capitalized expenses such as organization costs. Back To Top Anchor: The tenant that serves as the predominant draw to a commercial property, usually the largest tenant in a shopping center. Back To Top Annual percentage rate (APR): The actual cost of borrowing money. It may be higher than the note rate because it represents full disclosure of the interest rate, loan origination fees, loan discount points and other credit costs paid to the lender. Back To Top Appraisal: An estimate of a property's fair market value that is typically based on replacement cost, discounted cash flow analysis and/or comparable sales price. Back To Top Appreciation: An increase in the value or price of an asset Back To Top Appreciation return: The portion of the total return generated by the change in the value of the real estate assets during the current quarter, as measured by both appraisals and sales of assets. Back To Top Arbitrage: Buying securities in one market and then selling them immediately in another market to make a profit on the price discrepancy. Back To Top As-is condition: The acceptance by the tenant of the existing condition of the premises at the time a lease is consummated, including any physical defects. Back To Top Assessment: A fee imposed on property, usually to pay for public improvements such as water, sewers, streets, improvement districts, etc. Back To Top Asset management: The various disciplines involved with managing real property assets from the time of investment through the time of disposition, including acquisition, management, leasing, operational/financial reporting, appraisals, audits, market review and asset disposition plans. Back To Top Asset management fee: A fee charged to investors based on the amount invested into real estate assets for the fund or account. Back To Top Asset turnover: Calculated as total revenues for the trailing 12 months divided by the average total assets. Back To Top Assets under management: The current market value of real estate assets for which a manager has investment and asset management responsibilities. Back To Top Assignee name: The individual or entity to which the obligations of a lease, mortgage or other contract have been transferred. Back To Top Assignment: A transfer of the lessee's entire stake in the property. It is distinguishable from a sublease where the sublessee acquires something less than the lessee's entire interest. Back To Top Attorn: To agree to recognize a new owner of a property and to pay him/her rent. Back To Top Average common equity: Calculated by adding the common equity for the five most recent quarters and dividing by five. Back To Top Average downtime: Expressed in months, the amount of time expected between the expiration of a lease and the commencement of a replacement lease under current market conditions. Back To Top Average free rent: Expressed in months, the rent abatement concession expected to be granted to a tenant as part of a lease incentive under current market conditions. Back To Top Average occupancy: The average occupancy rate of each of the preceding 12 months. Back To Top Average total assets: Calculated by adding the total assets of a company for the five most recent quarters and dividing by five. Back To Top Balloon, or bullet, loan: A loan with a maturity that is shorter than the amortization period. Back To Top Balloon risk: The risk that a borrower will not be able to make a balloon (lump sum) payment at maturity due to a lack of funding. Back To Top Bankrupt: The state of an entity that is unable to repay its debts as they become due. Back To Top Bankruptcy: Proceedings under federal statutes to relieve a debtor who is unable or unwilling to pay its debts. After addressing certain priorities and exemptions, the bankrupt entity's property and other assets are distributed by the court to creditors as full satisfaction for the debt. Back To Top Base principal balance: The original mortgage amount adjusted for subsequent fundings and principal payments without regard to accrued interest or other unpaid debt. Back To Top Base rent: A set amount used as a minimum rent with provisions for increasing the rent over the term of the lease. Back To Top Base year: Actual taxes and operating expenses for a specified year, most often the year in which a lease commences. Back To Top Basis point: 1/100 of 1 percent. Back To Top Below-grade: Any structure or portion of a structure located underground or below the surface grade of the surrounding land. Back To Top Beneficiary: An employee covered by an employee benefit plan. Back To Top Beta: A measure of a company's common stock price volatility relative to the market. Back To Top Bid: An offer, stated as a price or spread, to buy whole loans or securities. Back To Top Blind pool: A commingled fund accepting investor capital without prior specification of property assets. Back To Top Book value: Also referred to as common shareholder's equity, this is the total shareholder's equity as of the most recent quarterly balance sheet minus preferred stock and redeemable preferred stock. Back To Top Broker: A person who acts as an intermediary between two or more parties in connection with a transaction. Back To Top Buildable acres: The area of land that is available to be built on after subtracting for roads, setbacks, anticipated open spaces and areas unsuitable for construction. Back To Top Building code: The various laws set forth by the ruling municipality as to the end use of a certain piece of property. They dictate the criteria for design, materials and types of improvements allowed. Back To Top Building standard plus allowance: The landlord lists, in detail, the building standard materials and costs necessary to make the premises suitable for occupancy. A negotiated allowance is then provided for the tenant to customize or upgrade materials. Back To Top Build-out: Space improvements put in place per the tenant's specifications. Takes into consideration the amount of tenant finish allowance provided for in the lease agreement. Back To Top Build-to-suit: A method of leasing property whereby the developer/landlord builds to a tenant's specifications. Back To Top Call date: Periodic or continuous rights given to the lender to cause payment of the total principal balance prior to the maturity date. Back To Top Capital appreciation: The change in market value of a property or portfolio adjusted for capital improvements and partial sales. Back To Top Capital expenditures: Investment of cash or the creation of a liability to acquire or improve an asset, as distinguished from cash outflows for expense items that are considered part of normal operations. Back To Top Capital gain: The amount by which the net proceeds from the sale of a capital item exceeds the book value of the asset. Back To Top Capital improvements: Expenditures that arrest deterioration of property or add new improvements and appreciably prolong its life. Back To Top Capital markets: Public and private markets where businesses or individuals can raise or borrow capital. Back To Top Capitalization: The total dollar value of various securities issued by a company. Back To Top Capitalization rate: The rate at which net operating income is discounted to determine the value of a property. It is the net operating income divided by the sales price or value of a property expressed as a percentage. Back To Top Carrying charges: Costs incidental to property ownership that must be absorbed by the landlord during the initial lease-up of a building and thereafter during periods of vacancy. Back To Top Cash flow: The revenue remaining after all cash expenses are paid. Back To Top Cash-on-cash yield: The relationship, expressed as a percentage, between the net cash flow of a property and the average amount of invested capital during an operating year. Back To Top Certificate of occupancy: A document presented by a local government agency or building department certifying that a building and/or the leased area has been satisfactorily inspected and is in a condition suitable for occupancy. Back To Top Chapter 7: That portion of the federal bankruptcy code that deals with business liquidations. Back To Top Chapter 11: That portion of the federal bankruptcy code that deals with business reorganizations. Back To Top Circulation factor: Interior space required for internal office circulation not accounted for in the net square footage. Back To Top Class "A": A real estate rating generally assigned to properties that will generate the highest rents per square foot due to their high quality and/or superior location. Back To Top Class "B": Good assets that most tenants would find desirable but lack attributes that would permit owners to charge top dollar. Back To Top Class "C": Buildings that offer few amenities but are otherwise in physically acceptable condition and provide cost-effective space to tenants who are not particularly image-conscious. Back To Top Clear-span facility: A building, most often a warehouse or parking garage, with vertical columns on the outside edges of the structure and a clear span between columns. Back To Top Closed-end fund: A commingled fund that has a targeted range of investor capital and a finite life. Back To Top Closing: A period of time, usually less than seven days, after a registration statement is effective and the offering commences, giving the underwriters time to receive payment for the securities. Back To Top CMBS (commercial mortgage-backed securities): Securities backed by loans on commercial real estate. Back To Top CMO (collateralized mortgage obligation): Debt obligations that are collateralized by and have payments linked to a pool of mortgages. Back To Top Co-investment: Co-investment occurs when two or more pension funds or groups of funds share ownership of a real estate investment. In co-investment vehicles, relative ownership is always based on the amount of capital contributed. It also refers to an arrangement in which an investment manager or adviser co-invests its own capital alongside the investor. Back To Top Co-investment program: An investment partnership or insurance company separate account that enables two or more pension funds to co-invest their capital in a single property or portfolio of properties. The primary appeal for investors is to achieve greater diversification or invest in larger properties typically outside the reach of small- to mid-sized tax-exempt funds, with a greater measure of control than is afforded in typical commingled fund offerings. Back To Top Collateral: Asset(s) pledged to a lender to secure repayment of a loan in case of default. Back To Top Commingled fund: A pooled fund vehicle that enables qualified employee benefit plans to commingle their capital for the purpose of achieving professional management, greater diversification or investment positions in larger properties. Back To Top Common area: For lease purposes, the areas of a building and its site that are available for the non-exclusive use of all its tenants, e.g., lobbies, corridors, etc. Back To Top Common area maintenance: Rent charged to the tenant in addition to the base rent to maintain the common areas. Examples include snow removal, outdoor lighting, parking lot sweeping, insurance, property taxes, etc. Back To Top Comparables: Used to determine the fair market lease rate or asking price, based on other properties with similar characteristics. Back To Top Concessions: Cash or cash equivalents expended by the landlord in the form of rental abatement, additional tenant finish allowance, moving expenses or other monies expended to influence or persuade a tenant to sign a lease. Back To Top Condemnation: The process of taking private property, without the consent of the owner, by a governmental agency for public use through the power of eminent domain. Back To Top Conduit: An alliance between mortgage originators and an unaffiliated organization that acts as a funding source by regularly purchasing loans, usually with a goal of pooling and securitizing them. Back To Top Construction loan: Interim financing during the developmental phase of a property. Back To Top Construction management: The act of ensuring the various stages of the construction process are completed in a timely and seamless fashion. Back To Top Consultant: Any company or individual that provides the following services to institutional investors: definition of real estate investment policy; adviser/manager recommendations; analysis of existing real estate portfolios; monitoring of and reporting on property asset, commingled fund and portfolio performance; and review of specified property and portfolio investment opportunities. Consultants are distinguished from investment advisers or investment managers in that a consultant does not source or execute transactions and does not directly manage assets. Back To Top Consumer price index (CPI): Measures inflation in relation to the change in the price of goods and services purchased by a specified population during a base period of time. The CPI is commonly used to increase the base rent periodically as a means of protecting the landlord's rental stream against inflation or to provide a cushion for operating expense increases for a landlord unwilling to undertake the record-keeping necessary for operating expense escalations. Back To Top Contiguous space: Multiple suites/spaces within the same building and on the same floor that can be combined and rented to a single tenant, or a block of space located on multiple adjoining floors in a building. Back To Top Contract documents: The complete set of design plans and specifications for the construction of a building. Back To Top Contract rent: The rental obligation, expressed in dollars, as specified in a lease. Also known as face rent. Back To Top Convertible debt: A mortgage position that gives the lender the option to convert to a partial or full ownership position in a property within a specified time period. Back To Top Convertible preferred stock: Preferred stock that is convertible to common stock under certain formulas and conditions specified by the issuer of the stock. Back To Top Conveyance: Most commonly refers to the transfer of title to property between parties by deed. The term may also include most of the instruments with which an interest in real estate is created, mortgaged or assigned. Back To Top Core properties: The major property types - specifically office, retail, industrial and multifamily. Core assets tend to be built within the past five years or recently renovated. They are substantially leased (90 percent or better) with higher-credit tenants and well-structured long-term leases with the majority fairly early in the term of the lease. Core assets generate good, stable income that, together with potential appreciation, is expected to generate total returns in the 10 percent to 12 percent range. Back To Top Cost-approach improvement value: The current cost to construct a reproduction of, or replacement for, the existing structure less an estimate for accrued depreciation. Back To Top Cost-approach land value: The estimated value of the fee simple interest in the land as if vacant and available for development to its highest and best use. Back To Top Cost-of-sale percentage: An estimate of the costs to sell an investment representing brokerage commissions, closing costs, fees and other necessary disposition expenses. Back To Top Coupon: The nominal interest rate charged to the borrower on a promissory note or mortgage. Back To Top Covenant: A written agreement inserted into deeds or other legal instruments stipulating performance or non-performance of certain acts, or use or non-use of a property and/or land. Back To Top Credit enhancement: The credit support needed in addition to the mortgage collateral to achieve a desired credit rating on mortgage-backed securities. The forms of credit enhancement most often employed are subordination, over-collateralization, reserve funds, corporate guarantees and letters of credit. Back To Top Cross-collateralization: A grouping of mortgages or properties that serves to jointly secure one debt obligation. Back To Top Cross-defaulting: Allows the trustee to call all loans in a group into default when any single loan is in default. Back To Top Cumulative discount rate: Expressed as a percentage of base rent, it is the interest rate used in finding present values that takes into account all landlord lease concessions. Back To Top Current occupancy: The current leased portion of a building or property expressed as a percentage of its total area or units. Back To Top Current yield: For CMBS, the coupon divided by the price. Back To Top Deal structure: With regard to the financing of an acquisition, deals can be unleveraged, leveraged, traditional debt, participating debt, participating/convertible debt or joint ventures. Back To Top Debt service: The outlay necessary to meet all interest and principal payments during a given period. Back To Top Debt service coverage ratio (DSCR): The annual net operating income from a property divided by annual cost of debt service. A DSCR below 1 means the property is generating insufficient cash flow to cover debt payments. Back To Top Dedicate: To appropriate private property to public ownership for a public use Back To Top Deed: A legal instrument transferring title to real property from the seller to the buyer upon the sale of such property Back To Top Deed in lieu of foreclosure: A deed given by an owner/borrower to a lender to satisfy a mortgage debt and avoid foreclosure Back To Top Deed of trust: An instrument used in place of a mortgage by which real property is transferred to a trustee to secure repayment of a debt Back To Top Default: The general failure to perform a legal or contractual duty or to discharge an obligation when due Back To Top Deferred maintenance account: An account a borrower is required to fund that provides for maintenance of a property Back To Top Deficiency judgment: Imposition of personal liability on a borrower for the unpaid balance of mortgage debt after a foreclosure has failed to yield the full amount of the debt Back To Top Defined-benefit plan: An employee's benefits are defined, either as a fixed amount or a percentage of the beneficiary's salary at the time of retirement. Pension plans, Health and Welfare plans, and some Keogh plans are established as defined benefit plans. Back To Top Defined-contribution plan: An employee's benefits at retirement are determined by the amount contributed by the employer and/or the employee during his or her employment tenure, and by the actual investment earnings on those contributions over the life of the fund. Examples include 401(k), thrift plans and profit sharing plans. Back To Top Demising wall: The partition wall that separates one tenant's space from another or from the building's common areas Back To Top Depreciation: A decrease or loss in property value due to wear, age or other cause. In accounting, depreciation is a periodic allowance made for this real or implied loss. Back To Top Derivative securities: Securities that are created artificially, i.e., derived from other financial instruments. In the context of CMBS, the most common derivative security is the interest-only strip. Back To Top Design/build: A system in which a single entity is responsible for both the design and construction Back To Top Discount rate: A yield rate used to convert future payments or receipts into present value Back To Top Discretion: The level of authority granted to an adviser or manager over the investment and management of a client's capital. A fully discretionary account typically is defined as one in which the adviser or manager has total ability to invest and manage a client's capital without prior approval of the client. Back To Top Distraint: The act of seizing personal property of a tenant in default based on the right and interest a landlord has in the property Back To Top Diversification: The process of consummating individual investments in a manner that insulates a portfolio against the risk of reduced yield or capital loss, accomplished by allocating individual investments among a variety of asset types, each with different characteristics Back To Top Dividend: Cash or stock distribution paid to holders of common stock. REITs must pay at least 90 percent of their taxable income in the form of dividends. Back To Top Dividend yield: The annual dividend rate for a security expressed as a percent of its market price (annual dividend/price = yield) Back To Top Dividend-ex date: The first date on which a person purchasing the stock is no longer eligible to receive the most recently announced dividend Back To Top Dollar stop: An agreed dollar amount of taxes and operating expense each tenant will pay on a prorated basis Back To Top DOWNREIT: An organizational structure that makes it possible for REITs to buy properties using partnership units. The effect is the same as an UPREIT, however, the DOWNREIT is subordinate to the REIT itself, hence the name. Back To Top Due diligence: Activities carried out by a prospective purchaser or mortgager of real property to confirm that the property is as represented by the seller and is not subject to environmental or other problems. In the case of an IPO registration statement, due diligence is a reasonable investigation by the parties involved to confirm that all the statements within the document are true and that no material facts are omitted. Back To Top Due on sale: A covenant that makes a mortgage due if the property is sold before the maturity date Back To Top Earnest money: The monetary advance of part of the purchase price to indicate the intention and ability of the buyer to carry out the contract Back To Top Easement: A right created by grant, reservation, agreement, prescription or necessary implication to use someone else's property Back To Top Economic feasibility: The feasibility of a building or project in terms of costs and revenue, with excess revenue establishing the degree of viability Back To Top Economic rent: The market rental value of a property at a given point in time Back To Top Effective date: The date on which a registration statement becomes effective and the sale of securities can commence Back To Top Effective gross income (EGI): The total income from a property generated by rents and other sources, less a vacancy factor estimated to be appropriate for the property. EGI is expressed as collected income before expenses and debt service. Back To Top Effective gross rent (EGR): The net rent generated, after adjusting for tenant improvements and other capital costs, lease commissions and other sales expenses Back To Top Effective rent: The actual rental rate to be achieved by the landlord after deducting the value of concessions from the base rental rate paid by a tenant, usually expressed as an average rate over the term of the lease Back To Top Electronic Authentication: Any of several methods used to provide proof that a particular document received electronically is genuine, has arrived unaltered and came from the source indicated Back To Top Eminent domain: A power to acquire by condemnation private property for public use in return for just compensation Back To Top Encroachment: The intrusion of a structure that extends, without permission, over a property line, easement boundary or building setback line Back To Top Encumbrance: A right to, or interest in, real property held by someone other than the owner that does not prevent the transfer of fee title Back To Top Environmental impact statement: Documents required by federal and state laws to accompany proposals for major projects and programs that will likely have an impact on the surrounding environment Back To Top Equity: The residual value of a property beyond mortgage or liability Back To Top ERISA (Employee Retirement Income Security Act): Legislation passed in 1974 and administered by the Department of Labor that controls the investment activities primarily of corporate and union pension plans. More public pension funds are adopting ERISA-like standards. Back To Top Escalation clause: A clause in a lease that provides for the rent to be increased to reflect changes in expenses paid by the landlord such as real estate taxes and operating costs Back To Top Escrow agreement: A written agreement made between an escrow agent and the parties to a contract setting forth the basic obligations of the parties, describing the money (or other things of value) to be deposited in escrow, and instructing the escrow agent concerning the disposition of the monies deposited Back To Top Estoppel certificate: A signed statement certifying that certain statements of fact are correct as of the date of the statement and can be relied upon by a third party, including a prospective lender or purchaser Back To Top Exclusive agency listing: A written agreement between a real estate broker and a property owner in which the owner promises to pay a fee or commission to the broker if specified real property is leased during the listing period Back To Top Exit strategy: Strategy available to investors when they desire to liquidate all or part of their investment Back To Top Face rental rate: The asking rental rate published by the landlord Back To Top Facility space: The floor area in hospitality properties dedicated to operating departments such as restaurants, health clubs and gift shops that service multiple guests or the general public on an interactive basis not directly related to room occupancy Back To Top FAD (funds available for distribution): Funds from operations less deductions for cash expenditures for leasing commissions and tenant improvement costs Back To Top FAD multiple: Share price of a REIT divided by its funds available for distribution Back To Top Fair market value: The sale price at which a property would change hands between a willing buyer and willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of the relevant facts Back To Top Fannie Mae (FNMA): The Federal National Mortgage Association - A quasi-governmental corporation authorized to sell debentures in order to supplement private mortgage funds by buying and selling FHA (Federal Housing Administration) and VA (Veterans Affairs) loans at market prices. Back To Top Fee simple interest: When an owners owns all the rights in a real estate parcel Back To Top FFO (funds from operations): A ratio intended to highlight the amount of cash generated by a company's real estate portfolio relative to its total operating cash flow. FFO is equal to net income, excluding gains (or losses) from debt restructuring and sales of property, plus depreciation and amortization. Back To Top FFO multiple: Share price of a REIT divided by its funds from operations Back To Top Fiduciary: The Employee Retirement Income Security Act (ERISA) defines a fiduciary as any person who exercises any discretionary authority or control over a plan's asset management, administration or disposition, or renders investment advice for a fee or other compensation with respect to a plan's assets. Fiduciaries may include staff, trustees, investment board members, administrators, consultants, actuaries and investment managers. ERISA permits civil action to be brought by a beneficiary against any fiduciary that has breached its fiduciary duty. Fiduciaries can be held personally liable for any losses to a plan resulting from such breach. Back To Top Finance charge: The amount paid for the privilege of deferring payment of goods or services purchased, including any charges payable by the purchaser as a condition of the loan Back To Top First mortgage: The senior mortgage that, by reason of its position, has priority over all junior encumbrances. The holder has a priority right to payment in the event of default. Back To Top First refusal right, or right of first refusal: A lease clause giving a tenant the first opportunity to buy a property or lease additional space in a property at the same price and on the same terms and conditions as those contained in a third-party offer that the owner has expressed a willingness to accept Back To Top First-generation space: Generally refers to new space that is currently available for lease and has never before been occupied by a tenant Back To Top First-loss position: The position in a security that will suffer the first economic loss if the underlying assets lose value or are foreclosed on. The first-loss position carries a higher risk and a higher yield. Back To Top Fixed costs: Costs that do not fluctuate in proportion to the level of sales or production Back To Top Fixed rate: An interest rate that remains constant over the term of the loan Back To Top Flat fee: A fee paid to an adviser or manager for managing a portfolio of real estate assets, typically stated as a flat percentage of gross asset value, net asset value or invested capital Back To Top Flex space: A building that provides a configuration allowing occupants a flexible amount of office or showroom space in combination with manufacturing, laboratory, warehouse, distribution, etc. Back To Top Float: The number of freely traded shares in the hands of the public Back To Top Floor area ratio (FAR): The ratio of the gross square footage of a building to the square footage of the land on which it is situated Back To Top Force majeure: A force that cannot be controlled by the parties to a contract and prevents them from complying with the provisions of the contract. This includes acts of God such as a flood or a hurricane, or acts of man such as a strike, fire or war. Back To Top Foreclosure: The process by which the trustee or servicer takes over a property from a borrower on behalf of the lender Back To Top Forward commitments: Contractual obligations to perform certain financing activities upon the satisfaction of any stated conditions. Usually used to describe a lender's obligation to fund a mortgage. Back To Top Four quadrants of the real estate capital markets:
Back To Top Freddie Mac (FHLMC): Federal Home Loan Mortgage Corp. - a corporation established by the Federal Home Loan Bank to issue mortgage-backed securities Back To Top Full recourse: A loan on which an endorser or guarantor is liable in the event of default by the borrower Back To Top Full-service rent: An all-inclusive rental rate that includes operating expenses and real estate taxes for the first year. The tenant is generally still responsible for any increase in operating expenses over the base year amount. Back To Top Fully diluted shares: The number of shares of common stock that would be outstanding if all convertible securities were converted to common shares Back To Top Future proposed space: Space in a proposed commercial development that is not yet under construction or where no construction start date has been set. It also may refer to the future phases of a multi-phase project not yet built. Back To Top General contractor: The prime contractor who contracts for the construction of an entire building or project, rather than just a portion of the work. The general contractor hires subcontractors, coordinates all work and is responsible for payment to subcontractors. Back To Top General partner: A member of a partnership who has authority to bind the partnership and shares in the profits and losses of the partnership Back To Top Going-in capitalization rate: The capitalization rate computed by dividing the projected first year's net operating income by the value of the property Back To Top Graduated lease: A lease, generally long-term in nature, in which rent varies depending upon future contingencies Back To Top Grant: To bestow or transfer an interest in real property by deed or other instrument Back To Top Grantee: One to whom a grant is made Back To Top Grantor: The person making the grant Back To Top Gross building area: The sum of areas at each floor level, including basements, mezzanines and penthouses included within the principal outside faces of the exterior walls and neglecting architectural setbacks or projections Back To Top Gross investment in real estate (historic cost): The total amount of equity and debt invested in real estate investments, including the gross purchase price, all acquisition fees and costs, plus subsequent capital improvements, less proceeds from sales and partial sales Back To Top Gross leasable area: The portion of total floor area designed for tenants' occupancy and exclusive use, including storage areas. It is the total area that produces rental income. Back To Top Gross lease: A lease in which the tenant pays a flat sum for rent out of which the landlord must pay all expenses such as taxes, insurance, maintenance, utilities, etc. Back To Top Gross real estate asset value: The market value of the total real estate investments under management in a fund or individual accounts. It typically includes the total value of all equity positions, debt positions and joint venture ownership positions, including the amount of any mortgages or notes payable related to those assets. Back To Top Gross real estate investment value: The market value of real estate investments held in a portfolio without regard to debt, equal to the total of real estate investments as shown on a statement of assets and liabilities on a market-value basis Back To Top Gross returns: Returns generated from the operation of real estate without dilution for adviser or manager fees Back To Top Ground rent: Rent paid to the owner for use of land, normally on which to build a building. Generally, the arrangement is that of a long-term lease (e.g. 99 years) with the lessor retaining title to the land. Back To Top Guarantor: One who makes a guaranty Back To Top Guaranty: Agreement whereby the guarantor assures satisfaction of the debt of another or performs the obligation of another if and when the debtor fails to do so Back To Top Hard cost: The cost of actually constructing property improvements Back To Top High-rise: In the central business district, this could mean a building higher than 25 stories above ground level, but in suburban markets, it generally refers to buildings higher than seven or eight stories. Back To Top Highest and best use: The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible and that results in the highest value Back To Top Holdbacks: A portion of a loan commitment that is not funded until an additional requirement is met, such as completion of construction Back To Top Holding period: The length of time an investor expects to own a property from purchase to sale Back To Top Hold-over tenant: A tenant retaining possession of the leased premises after the expiration of a lease Back To Top HVAC: The acronym for heating, ventilating and air conditioning Back To Top Hybrid debt: A mortgage position with equity-like participation features in both cash flow and the appreciation of the property at the time of sale or refinance Back To Top Implied cap rate: Net operating income divided by the sum of a REIT's equity market capitalization and its total outstanding debt Back To Top Improvements: In the context of leasing, the term typically refers to the improvements made to or inside a building but may include any permanent structure or other development, such as a street, sidewalk, utilities, etc. Back To Top Incentive fee: Applies to fee structures where the amount of the fee that is charged is determined by the performance of the real estate assets under management Back To Top Income capitalization value: The indication of value derived for an income-producing property by converting its anticipated benefits into property value through direct capitalization of expected income or by discounting the annual cash flows for the holding period at a specified yield rate Back To Top Income property: Real estate that is owned or operated to produce revenue Back To Top Income return: The percentage of the total return that is generated by the income from operations of a property, fund or account Back To Top Indirect costs: Development costs other than direct material and labor costs that are directly related to the construction of improvements, including administrative and office expenses, commissions, architectural, engineering and financing costs Back To Top Individual account management: Accounts established for individual plan sponsors or other investors for investment in real estate, where a firm acts as an adviser in acquiring and/or managing a direct real estate portfolio Back To Top Inflation: The annual rate at which consumer prices increase Back To Top Inflation hedge: An investment that tends to increase in value at a rate greater than inflation and helps contribute to the preservation of the purchasing power of a portfolio Back To Top Initial public offering (IPO): The first time a private company offers securities for sale to the public Back To Top Institutional-grade property: Various types of real estate properties generally owned or financed by tax-exempt institutional investors. Core investments typically include office, retail, industrial and apartments. Specialty investments include hotels, congregate care facilities, land beneath existing improvements, vacant land, mixed-use properties (i.e., a property containing at least two property types) and mobile home parks. Back To Top Insurance company separate account: A real estate investment vehicle that may only be offered by life insurance companies. This ownership arrangement enables an ERISA-governed fund to avoid the creation of unrelated taxable income for certain types of property investments and investment structures. Back To Top Interest: The price paid for the use of capital Back To Top Interest-only strip: A derivative security consisting of all or part of the interest portion of the underlying loan or security Back To Top Internal rate of return (IRR): A discounted cash-flow analysis calculation used to determine the potential total return of a real estate asset during an anticipated holding period Back To Top Inventory: All space within a certain proscribed market without regard to its availability or condition Back To Top Investment committee: The governing body overseeing corporate pension investments. Also, the subcommittee of a board of trustees charged with developing investment policy for board approval. Back To Top Investment manager: Any company or individual that assumes discretion over a specified amount of real estate capital, invests that capital in assets via a separate account, co-investment program or commingled fund, and provides asset management Back To Top Investment policy: A document that formalizes an institution's guidelines for investment and asset management. An investment policy typically will contain goals and objectives; core and specialty investment criteria and methodology; and guidelines for asset management, investment advisory contracting, fees and utilization of consultants and other outside professionals. Back To Top Investment strategy: The investment parameters used by the manager in structuring the portfolio and selecting the real estate assets for a fund or account. This includes a description of the types, locations and sizes of properties to be considered, the ownership positions that will be used, and the stages of the investment lifecycle. Back To Top Investment structures: Unleveraged acquisitions, leveraged acquisitions, traditional debt, participating debt, convertible debt, triple-net leases and joint ventures Back To Top Investment-grade CMBS: Commercial mortgage-backed securities with ratings of "AAA," "AA," "A" or "BBB" Back To Top Investor status: In reporting to clients and consultants, all investors are divided into two categories: taxable and tax-exempt. The tax-exempt category includes all qualified pension and retirement accounts. The taxable category includes all other accounts under management, including off-shore capital. Back To Top Joint venture: An investment entity formed by one or more entities to acquire or develop and manage real property and/or other assets Back To Top Just compensation: Compensation that is fair to both the owner and the public when property is taken for public use through condemnation (eminent domain) Back To Top Landlord's warrant: A warrant from a landlord to levy upon a tenant's personal property (e.g., furniture, etc.) and to sell this property at a public sale to compel payment of the rent or the observance of some other stipulation in the lease Back To Top Lead manager: The investment banking firm that handles the principal responsibilities for coordinating the new issuance of securities Back To Top Lease: An agreement whereby the owner of real property gives the right of possession to another for a specified period of time and for a specified consideration Back To Top Lease agreement: The formal legal document entered into between a landlord and a tenant to reflect the terms of the negotiations between them Back To Top Lease commencement date: The date usually constitutes the commencement of the term of the lease, whether or not the tenant has actually taken possession, so long as beneficial occupancy is possible. Back To Top Lease expiration exposure schedule: A listing of the total square footage of all current leases that expire in each of the next five years, without regard to renewal options Back To Top Leasehold interest: The right to hold or use property for a fixed period of time at a given price, without transfer of ownership Back To Top Legal description: A geographical description identifying a parcel by government survey, metes and bounds, or lot numbers of a recorded plat including a description of any portion that is subject to an easement or reservation Back To Top Legal owner: The legal owner has title to the property, although the title may actually carry no rights to the property other than as a lien. Back To Top Letter of credit: A commitment by a bank or other person that the issuer will honor drafts or other demands for payment upon full compliance with the conditions specified in the letter of credit. Letters of credit are often used in place of cash deposited with the landlord in satisfying the security deposit provisions of a lease. Back To Top Letter of intent: A preliminary agreement stating the proposed terms for a final contract Back To Top Leverage: The use of credit to finance a portion of the costs of purchasing or developing a real estate investment. Positive leverage occurs when the interest rate is lower than the capitalization rate or projected internal rate of return. Negative leverage occurs when the current return on equity is diminished by the employment of debt. Back To Top LIBOR (London InterBank Offered Rate): The interest rate offered on Eurodollar deposits traded between banks, also called swaps Back To Top Lien: A claim or encumbrance against property used to secure a debt, a charge or the performance of some act Back To Top Lien waiver: Waiver of a mechanic's lien rights that is often required before the general contractor can receive a draw under the payment provisions of a construction contract. It may also be required before the owner can receive a draw on a construction loan. Back To Top Lifecycle: The various developmental stages of a property: pre-development, development, leasing, operating and redevelopment (or rehab) Back To Top Like-kind property: A term used in an exchange of property held for productive use in a trade or business or for investment. Unless cash is received, the tax consequences of the exchange are postponed pursuant to Section 1031 of the Internal Revenue Code. Back To Top Limited partnership: A type of partnership comprised of one or more general partners who manage the business and are personally liable for partnership debts, and one or more limited partners who contribute capital and share in profits but who take no part in running the business and incur no liability above the amount contributed Back To Top Liquidity: The ease with which assets can be converted to cash without loss in value Back To Top Listing agreement: An agreement between the owner of a property and a real estate broker giving the broker authorization to attempt to sell or lease the property at a certain price and terms in return for a commission, set fee or other form of compensation Back To Top Loan-to-value ratio (LTV): The ratio of the value of the loan principal divided by the property's appraised value Back To Top Lock-box structure: A structure whereby the rental or debt-service payments are sent directly from the tenant or mortgagor to the trustee Back To Top Lockout: The period during which a loan may not be prepaid. Back To Top Long-term lease: In most markets, this refers to a lease whose term is at least three years from initial signing to the date of expiration or renewal. Back To Top Loss severity: The percentage of principal lost when a loan is foreclosed Back To Top Lot: Generally one of several contiguous parcels of land making up a fractional part or subdivision of a block, the boundaries of which are shown on recorded maps and plats Back To Top Low-rise: A building with fewer than four stories above ground level Back To Top Lump-sum contract: A type of construction contract requiring the general contractor to complete a building or project for a fixed cost normally established by competitive bidding. The contractor absorbs any loss or retains any profit. Back To Top Magic page: Included in the offering prospectus, the magic page is a projected growth story, describing how a new REIT will accomplish its future expectations for funds from operations or funds available for distribution. Back To Top Maker: One who creates or executes a promissory note and promises to pay the note when it becomes due Back To Top Mark to market: The process of increasing or decreasing the original investment cost or value of a property asset or portfolio to a level estimated to be the current market value Back To Top Market capitalization: One measure of the value of a company; it is calculated by multiplying the current share price by the current number of shares outstanding. Back To Top Market rental rates: The rental income that a property most likely would command in the open market, indicated by the current rents asked and paid for comparable space Back To Top Market study: A forecast of future demand for a certain type of real estate project that includes an estimate of the square footage that can be absorbed and the rents that can be charged Back To Top Market value: The highest price a property would command in a competitive and open market under all conditions requisite to a fair sale Back To Top Marketable title: A title free from encumbrances that could be readily marketed to a willing purchaser Back To Top Master lease: A primary lease that controls subsequent leases and may cover more property than subsequent leases Back To Top Master servicer: An institution that acts on behalf of a trustee for the benefit of security holders in collecting funds from a borrower, advancing funds in the event of delinquencies and, in the event of default, taking a property through foreclosure Back To Top Maturity date: The date when the total principal balance comes due Back To Top Mechanic's lien: A claim created for the purpose of securing priority of payment of the price and value of work performed and materials furnished in constructing, repairing or improving a building or other structure Back To Top Meeting space: In hotels, space made available to the public to rent for meeting, conference or banquet uses Back To Top Metes and bounds: The boundary lines of land described by listing the compass directions and distances of the boundaries. Originally, metes referred to distance and bounds referred to direction. Back To Top Mezzanine financing: Mezzanine financing is somewhere between equity and debt. It is that piece of the capital structure that has senior debt above it and equity below it. There is both equity and debt mezzanine financing, and it can be done at the asset or company level, or it could be unrated tranches of CMBS. Returns are generally in the mid- to high-teens. Back To Top Mid-rise: A building with four to eight stories above ground level. In a central business district this might extend to buildings up to 25 stories. Back To Top Mixed-use: Space within a building or project providing for more than one use Back To Top Modern portfolio theory (MPT): An approach to quantifying risk and return in a portfolio of assets. Developed in 1959 by Harry Markowitz, MPT is the foundation for present-day principles of investment diversification. It emphasizes the portfolio rather than individual assets, and how assets perform in relation to each other based on the assumption that investors can benefit from diversification when asset class returns do not move in lock step with one another. Back To Top Mortgage: A legal document by which real property is pledged as security for repayment of a loan until the debt is repaid in full Back To Top Mortgage constant: The ratio of an amortizing mortgage payment to the outstanding mortgage balance Back To Top NAREIT (National Association of Real Estate Investment Trusts): The national, not-for-profit trade organization that represents the real estate investment trust industry Back To Top NCREIF (National Council of Real Estate Investment Fiduciaries): An association of real estate professionals who serve on working committees, sponsor research articles, seminars and symposiums, and produce the NCREIF Property Index Back To Top NCREIF Property Index (NPI): The index reports quarterly and annual returns consisting of income and appreciation components. The index is based on data collected from the voting members of NCREIF. Specific property-type subindices include apartment, office, retail, industrial and hotel; regional subindices include West, East, South and Midwest. Back To Top Negative amortization: The accrual feature found in numerous participating debt structures that allows an investor to pay, for an initial period of time, an interest rate below the contract rate stated in loan documents. Back To Top Net asset value (NAV): The value of an individual asset or portfolio of real estate properties net of leveraging or joint venture interests Back To Top Net asset value per share: The current value of a REIT's assets divided by shares outstanding Back To Top Net assets: Total assets less total liabilities on a market-value basis Back To Top Net cash flow: Generally determined by net income plus depreciation less principal payments on long-term mortgages Back To Top Net investment in real estate: Gross investment in real estate less the outstanding debt balance Back To Top Net investment income: The income or loss of a portfolio or entity resulting after deducting all expenses, including portfolio and asset management fees, but before realized and unrealized gains and losses on investments Back To Top Net operating income (NOI): A before-tax computation of gross revenue less operating expenses and an allowance for anticipated vacancy. It is a key indicator of financial strength. Back To Top Net present value (NPV): Net present value usually is employed to evaluate the relative merits of two or more investment alternatives. It is calculated as the sum of the total present value of incremental future cash flows plus the present value of estimated proceeds from sale. Whenever the net present value is greater than zero, an investment opportunity generally is considered to have merit. Back To Top Net purchase price: Gross purchase price less associated debt financing Back To Top Net real estate investment value: The market value of all real estate less property-level debt Back To Top Net returns: Returns to investors net of fees to advisers or managers Back To Top Net sales proceeds: Proceeds from the sale of an asset or part of an asset less brokerage commissions, closing costs and market expenses Back To Top Net square footage: The space required for a function or staff position Back To Top Nominal yield: The yield to investors before adjustments for fees, inflation or risk Back To Top Non-compete clause: A clause that can be inserted into a lease specifying that the business of the tenant is exclusive in the property and that no other tenant operating the same or similar type of business can occupy space in the building. This clause benefits service-oriented businesses desiring exclusive access to the building's population. Back To Top Non-discretionary funds: Funds allocated to an investment manager requiring the investor's approval on each transaction Back To Top Non-investment-grade CMBS: Securities rated "BB" or "B," also referred to as high-yield CMBS Back To Top Non-performing loan: A loan that is unable to meet its contractual principal and interest payments Back To Top Non-recourse debt: A loan that, in the event of a default by the borrower, limits the lender's remedies to a foreclosure of the mortgage, realization on its assignment of leases and rents, and acquisition of the real estate Back To Top Offer: Term used to describe a stated price or spread to sell whole loans or securities Back To Top Open space: An area of land or water dedicated for public or private use or enjoyment Back To Top Open-end fund: A commingled fund that does not have a finite life, continually accepts new investor capital and makes new property investments Back To Top Operating cost escalation: Although there are many variations of escalation clauses, all are intended to adjust rents by reference to external standards such as published indexes, negotiated wage levels, or expenses related to the ownership and operation of a building. Back To Top Operating expense: The actual costs associated with operating a property, including maintenance, repairs, management, utilities, taxes and insurance Back To Top Opportunistic: A phrase generally used by advisers and managers to describe investments in underperforming and/or undermanaged assets that hold the expectation of near-term increases in cash flow and value. Total return objectives for opportunistic strategies tend to be 20 percent or higher. Opportunistic investments typically involve a high degree of leverage - typically 60 percent to 100 percent on an asset basis and 60 percent to 80 percent on a portfolio basis. Back To Top Originator: A company that sources and underwrites commercial and/or multifamily mortgage loans Back To Top Out-parcel: Individual retail sites in a shopping center Back To Top Overallotment: A practice through which underwriters offer and sell more shares than they have agreed to | ||