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Glossary of foreclosure terms: Ssale date: Day for which a foreclosure sale is scheduled. sale/leaseback: Arrangement by which a property owner sells the property to someone else, then rents it back. Common in commercial transactions, but rare and tricky for small residential properties such as individual homes. secondary liability: Party that must fulfill an obligation if the holder of primary liability fails to do so. Relevant in the area of assumable and subject-to loans. secured debt: Loan in which the lender can take possession of the borrower's property if the borrower fails to fulfill the loan's terms. security: Property that will be transferred from the borrower to the lender if the borrower fails to fulfill the terms of a loan. seller's proceeds sheet: Document that shows the amount of money a seller will receive from the sale of property, assuming a certain sale price and set of expenses. seller-carryback loan: Loan where the party selling a property is also lending its buyer money for the purchase. selling agent: Real estate agent who assists a property buyer. Buyer's agent. See also listing agent. senior lienholder: Lender whose loan has the first priority for a piece of property. See also junior lienholder. Servicemembers Civil Relief Act (SCRA): Federal law that protects members of the military from lawsuits as long as they're on active duty. sheriff's sale: Foreclosure sale for judicial foreclosures, run by the county sheriff. See also trustee's sale. short sale: Sale of real estate that doesn't bring in enough money to pay off its encumbrances. Such a sale can proceed with the permission of the creditors that would receive a short payoff. Soldiers' and Sailors' Civil Relief Act (SSCRA): Former name of the Servicemembers Civil Relief Act. stay of foreclosure: A court order that stops a foreclosure from proceeding. See also automatic stay. straight note: See interest-only loan. "subject to" clause: Part of a loan contract on loans that are transferred from one borrower to another. It states that the original borrower remains fully liable for the loan. subordination clause: Part of a loan contract that allows the loan to become junior to a later loan. subprime: Borrower whose credit history, income, or other factors do not allow for qualification of a prime loan. Often used to describe the loans that result as well. substitution of liability form: Legaldocument that allows an assumable loan to be transferred to a new borrower, when signed by the lender and both parties. |
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