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Fair Credit Reporting Act
The Fair Credit Reporting Act gave consumers the
right of access to, and correction of, credit reports.
Fair Housing Act
Pursuant to the federal Fair Housing Act, any offer
to sell, rent, buy, or exchange property shall not
contain any preference, limitation, or discrimination
based on race, color, religion, sex, national origin,
handicap, familial status, or an intention to make such
preference, limitation or discrimination.
Fair Housing Amendment Act of 1988
Extends the Civil Rights Act of 1968 to cover
handicapped persons and families with children.
fair market value
The price which a property would sell for if were
offered for sale for a reasonable period of time in a
competitive market, where both the buyer and seller were
free to act under no undue pressure.
familial status
Familial status is defined as one or more
individuals who have not obtained the age of eighteen
(18) years, being domiciled with a parent or other
person having custody, or anyone who is pregnant. It is
therefore unlawful to refuse housing to anyone with
children under the age of 18 or anyone who is pregnant,
except when such housing meets the definition of housing
for older persons.
Fannie Mae
See: Federal National Mortgage Association (FNMA)
Fannie Mae Online
farming
Prospecting an area for buyers or sellers.
Farm Service Agency (FSA)
Formerly the Federal Agricultural Mortgage
Corporation (FAMC or Farmer MAC), the FSA is a federal
agency of the Department of Agriculture. FSA offers
programs to help families purchase or operate family
farms. It also provides loans to help families purchase
and improve single-family homes in rural areas. The FSA
provides assistance to rural and agricultural businesses
and industry through the Rural Business and Cooperative
Development Service. Loan programs fall into two
categories: guaranteed loans, made and serviced by
private lenders and guaranteed for a specific percentage
by FSA, and loans made directly by the FSA.
Farm
Service Agency Website
federal fair housing law
In 1968, Congress enacted Title VIII of the Civil
Rights Act, called the Federal Fair Housing Act, which
declared a national policy of providing fair housing
throughout the United States (reference Sections
3601-3631 of Title 42, United States Code). This law
makes discrimination based on race, color, sex, familial
status, handicap, religion or national origin illegal in
connection with the sale or rental of most dwellings and
any vacant land offered for residential construction or
use. The law does not prohibit discrimination in other
types of real estate transactions, such as those
involving commercial or industrial properties. The law
is administered by the Office of Equal Opportunity (OEO)
under the direction of the Secretary of the Department
of Housing and Urban Development (HUD).
Federal Housing Administration (FHA)
A federal agency established in 1934 under the
National Housing Act to encourage improvement in housing
standards and conditions, to provide an adequate
home-financing system through the insurance of housing
mortgages and credit and to exert a stabilizing
influence on the mortgage market. FHA was the
government's response to a lack of quality housing,
excessive foreclosures and a building industry that
collapsed during the depression.
Federal Housing Administration Website
Federal Home Loan Mortgage Corporation (FHLMC)
Commonly known as "Freddie Mac," a federally chartered
corporation established in 1970 for the purpose of
purchasing mortgages in the secondary market. Freddie
Mac was created as a part of the savings association
system and, while it is not so limited, its loan
purchase policies are designed to accommodate savings
association needs. It functions with an independent
board of directors but is subject to oversight by HUD.
Freddie Mac Online
Federal National Mortgage Association (FNMA)
Popularly known as "Fannie Mae," an active participant
in the secondary mortgage market. Fannie Mae was
established as a federal agency in 1938 for the purpose
of purchasing FHA loans from loan originators to provide
some liquidity for government-insured loans in a
depression-wracked economy when few lending institutions
would undertake this type of loan.
Fannie Mae Online
Federal Reserve System
("the Fed")
The nation's central bank created by the Federal Reserve
Act of 1913. Its purpose is to help stabilize the
economy through the judicious handling of the money
supply and credit available in this country. The system
functions through a seven-member Board of Governors
(appointed by the President) and 12 Federal Reserve
District Banks, each with its own president. The system
sets policies and works with the privately owned
commercial banks.
Federal Reserve Website
Federal Water Pollution Control Act
Enacted by Congress in 1972, this federal law
administered by the EPA regulates the release of
pollutants into navigable waters.
fee simple
The maximum possible estate one can possess in real
property. A fee simple estate is the least limited
interest and the most complete and absolute ownership in
land; it is of indefinite duration, freely transferable
and inheritable. Fee simple title is sometimes referred
to as "the fee."
fee simple absolute
The maximum possible estate or right of ownership of
real property, continuing forever.
fee simple defeasible
An estate in land in which the holder has a fee
simple title subject to being divested upon the
happening of a specified condition; also called a
qualified fee or a defeasible fee. There are two
categories of fee defeasible estates--fee simple
determinable and fee simple subject to a condition
subsequent. The term fee simple determinable implies
that the duration of the estate can be determined from
the deed itself. This is not true of a fee simple
subject to a condition subsequent, in which case the
estate's duration depends on the grantor's independent
choice of whether to terminate the estate.
fee simple determinable
A fee simple determinable is an estate in real property
that exists "so long as," "while" or "during the period"
that a certain prescribed use continues. Such use is
described in the grant of conveyance. For example, a
conveyance to the University of Know-it-all "so long as"
the real estate is used for educational purposes would
give the university title, provided the granted land is
used as prescribed. If, at some future time, the
university were to stop using the property for
educational purposes, title would revert to the original
grantor, if living, or to his or her heirs if the
grantor is deceased. A fee simple determinable
automatically ends when the purpose for which it has
been prescribed terminates. Upon the grant of a fee
simple determinable, there remains in the grantor a
possibility of reverter.
fee
simple subject to a condition subsequent
A fee simple subject to a condition subsequent is an
estate conveyed "provided that," "on the condition that"
or "if" it is used for a specific purpose. If it is no
longer used for that purpose, it reverts to the original
grantor or his heirs. This type of estate is much the
same as a fee determinable, except that in a fee
determinable conveyance, the words are of duration while
a fee condition subsequent refers strictly to a specific
condition. In addition, unlike a fee determinable, when
fee condition subsequent property is no longer used for
its prescribed purpose, the original grantor (or heirs)
must physically retake possession of the property within
a reasonable period of time after the breach (i.e., the
grantor must exercise his or her right of reentry). Any
transaction involving a fee simple defeasible estate
should be referred to an attorney for a professional
opinion.
fee title
The maximum possible estate one can possess in real
property. A fee title estate is the least limited
interest and the most complete and absolute ownership in
land; it is of indefinite duration, freely transferable
and inheritable. A "fee title" is sometimes referred to
as "the fee."
feudal system
A system of ownership usually associated with
pre-colonial England, in which the king or other
sovereign is the source of all rights. The right to
possess real property was granted by the sovereign to an
individual as a life estate only. Upon the death of the
individual title passed back to the sovereign, not to
the decedent's heirs.
FICO
Acronym for "Fair, Isaac & Company." FICO is the most
commonly used scoring system used by lenders to derive
credit scores for borrowers.
fiduciary
A relationship that implies a position of trust or
confidence wherein one person is usually entrusted to
hold or manage property or money for another. The term
fiduciary describes the faithful relationship owed by an
attorney to a client or by a broker (and salesperson) to
a principal. The fiduciary owes complete allegiance to
the client. Among the obligations that a fiduciary owes
to his or her principal and the duties of loyalty,
obedience and full disclosure; the duty to use skill,
care and diligence; and the duty to account for all
monies.
filled land
An area of a property where the grade has been raised by
depositing dirt, gravel or rock. Under most
circumstances a seller (broker) has a duty to disclose
to a buyer the fact that a property is on filled land.
financial statement:
A brief summary of a person's assets, liabilities and
earnings records.
finder's fee
A fee paid to someone for "finding" either the buyer to
purchase or the seller to list a property.
fire rating
A rating of the length of time it takes a fire to
penetrate a barrier. Designates the ability of a
material to contain a fire in a carefully controlled
test setting for a specified period of time. A material
tested in a laboratory that adequately contains a fire
for two hours and meets other requirements during the
laboratory fire test, is given a two-hour fire
resistance rating. Fire-resistance ratings are based on
full-scale tests under controlled conditions and are
generally recognized by building code authorities and
fire insurance rating bureaus. Requirements for
fire-resistance ratings are usually set by local
building code officials based on the expected occupancy
of the building.
fixed expenses
Those recurring expenses that have to be paid regardless
of whether the property is occupied; for example, real
property taxes, hazard insurance and debt service. These
expenses contrast with operating expenses necessary to
maintain the production of income from the operation of
a property.
fixed-fee
A contractor submits a bid proposing a fixed amount
to do a job. Most construction bids are made on this
basis.
fixed-rate loan
A loan with the same rate of interest for the life
of the loan.
fixtures
An article that was once personal property but has
been so affixed to real estate that it has become real
property. Whether an article is a fixture depends on the
intention of the parties and may be determined by the
manner in which the item is attached, its type and
adaptability to the real property, the purpose it
serves, and the relationship of the parties.
flood hazard areas
Locations specified on Federal Emergency Management
Agency (FEMA) maps indicating areas that are subject to
flooding. The seller's agent is required to inform
potential buyers if the agent has knowledge that a
property is located in such an area.
forbearance
The act of refraining from taking legal action despite
the fact that payment of a promissory note in a mortgage
or deed of trust is in arrears. It is usually granted
only when a borrower makes a satisfactory arrangement by
which the arrears will be paid at a future date.
formaldehyde
A colorless, pungent, and irritating gas, used chiefly
as a disinfectant and preservative and in synthesizing
other compounds like resins.
National Safety Council on Formaldehyde
For Sale By Owner (FSBO)
Some owners choose to sell their own property without
the aid of a real estate broker. "For Sale By Owner"
properties are often a source of listings when the owner
is unsuccessful finding qualified buyers.
Foreign Investment in Real Property Tax Act (FIRPTA)
Enacted by the United States Congress in 1985, the act
requires buyers to withhold estimated taxes equal to 10%
of the sale price of a property sold or exchanged by a
foreign person. The withholdings must be reported and
paid to the Internal Revenue Service within 10 days of
closing. The act applies to sales of personal residences
with prices of $300,000 or more.
foreclosure
A legal procedure whereby property used as security for
a debt is sold to satisfy the debt in the event of
default in payment of the mortgage note or default of
other terms in the mortgage document. The foreclosure
procedure brings the rights of all parties to a
conclusion and passes the title in the mortgage property
to either the holder of the mortgage or a third party
who may purchase the realty at the foreclosure sale,
free of all encumbrances affecting the property
subsequent to the mortgage. There are three general
types of foreclosure proceedings: judicial foreclosure,
non-judicial foreclosure and strict foreclosure.
fractional section
A parcel of land less than 160 acres, usually found at
the edge of a rectangular survey. Undersized or
oversized sections are classified as fractional
sections. Fractional sections may occur for a number of
reasons. In some areas, for instance, the rectangular
survey may have been made by separate crews and gaps
less than a section wide remained when the surveys met.
Other errors may have resulted from the physical
difficulties encountered in the actual survey. For
example, part of a section may be submerged in water.
fraud
Any form of deceit, trickery, breach of confidence or
misrepresentation by which one party attempts to gain
some unfair or dishonest advantage over another. Unlike
negligence, fraud is a deceitful practice or material
misstatement of a material fact, known to be false, and
done with intent to deceive, or with reckless
indifference as to its truth, and relied on by the
injured party to his or her damage
Freddie Mac
See Federal Home Loan Mortgage Corporation (FHLMC)
Freddie
Mac Online
freehold estate
An estate in land in which ownership is for an
indeterminate length of time, in contrast to a leasehold
estate.
friable
The breaking down of a substance into tiny filaments and
particles. Asbestos is harmful only if it is disturbed
or exposed, as often occurs during renovation or
remodeling. Asbestos is highly friable. This means that
as it ages, asbestos fibers break down easily into tiny
filaments and particles. When these particles become
airborne, they pose a risk to humans.
friable asbestos
Any material containing more than one-percent asbestos,
and that can be crumbled or reduced to powder by hand
pressure.
frivolous
Void of significance or reason; of little or no worth,
or importance; not worthy of serious notice; trivial;
unimportant.
front footage
The measurement of a parcel of land by the number of
feet of street or road frontage.
functional obsolescence
A loss of value to an improvement to real estate arising
from functional problems, often caused by age or poor
design.
funding fee
A percentage of the loan amount charged on VA loans to
provide for administrative costs. The fee has increased
over time and is higher for subsequent use by veterans,
reservists and National Guard
funding letter
Cover letter prepared by the escrow agent to the
lender detailing the documents being forwarded to the
lender to complete the borrower's loan and release the
loan proceeds to escrow.
person holds or
occupies real estate with the permission of the owner,
for a term of unspecified or uncertain duration; i.e.,
there is no fixed term to the tenancy.
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