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SALE AND LEASEBACK - A transaction
in which, typically, an owner sells his improved property and as part
of the same transaction signs a long-term lease and remains in possession.
SCHEMATICS - Preliminary architectural
drawings and sketches; basic layouts not containing the final details
of design.
SECOND MORTGAGE - A mortgage
which is junior or subordinate to a first mortgage; typically, an
additional loan imposed on top of the first mortgage, which is taken
out when the borrower needs more money.
SECONDARY MORTGAGE MARKET
- A market for the purchase and sale of existing mortgages, designed
to provide greater liquidity for mortgages; also called secondary
money market.
SECURITY AGREEMENT - A security
document which creates a lien upon chattels, including chattels intended
to be affixed to land as fixtures; known as a chattel mortgage prior
to the adoption of the Uniform Commercial Code.
SECURITY DEPOSIT - Money deposited
by or for the tenant with the landlord, to be held by the landlord
for the following purposes: to remedy tenant defaults for damage to
the premises (be it accidental or intentional), for failure to pay
rent due, or for failure to return all keys at the end of the tenancy.
SEPTIC TANK - A sewage settling
tank in which part of the sewage is converted into gas and liquids
before the remaining waste is discharged by gravity into a leaching
bed underground.
SETBACK - Zoning restrictions
on the amount of land required surrounding improvements; the amount
of space required between the lot line and the building line.
SETTLEMENT - The act of adjusting
and prorating the various credits, charges and settlement costs to
conclude a real estate transaction.
SEVERALTY - Sole ownership
of real property.
SHELL LEASE - A lease wherein
a tenant leases the unfinished shell of a building, as in a new shopping
center, and agrees to complete construction himself by installing
ceilings, plumbing, heating and air conditioning systems, and electrical
wiring.
SHOPPING CENTER - A modern
classification of retail stores, characterized by off-street parking
and clusters of stores, subject to a uniform development plan, and
usually with careful analysis given to the proper merchant mix.
SHORELINE - The dividing line
between private land and public beach on beachfront property.
SIMPLE INTEREST - Interest
computed on the principal balance only.
SPECIAL ASSESSMENT - A tax
or levy customarily imposed against only those specific parcels of
realty which will benefit from a proposed public improvement, as opposed
to a general tax on the entire community.
SPECIAL WARRANTY DEED - A
deed in which the grantor warrants or guarantees the title only against
defects arising during the period of his tenure and ownership of the
property and not against defects existing before the time of his ownership.
SPECIFIC PERFORMANCE - A legal
action brought in a court of equity to compel a party to carry out
the terms of a contract.
SPOT LOAN - A loan on a particular
property, usually a condominium unit, by a lender who has not previously
financed that particular condominium building.
STANDING LOAN - A commitment
by the interim or construction lender to keep the money already funded
in the project for a specified period of time after the expiration
of the interim loan, usually until permanent take-out financing is
secured.
STATUTE OF FRAUDS - That law
which requires certain contracts to be in writing and signed by the
party to be charged therewith in order to be legally enforceable.
STATUTE OF LIMITATIONS - That
law pertaining to the period of time within which certain actions
must be brought to court.
STEP-UP LEASE - A lease with
fixed rent for an initial term and provision for pre-determined rent
increases at specified intervals and/or increases based upon periodic
appraisals; sometimes called a graduated lease.
STRAIGHT NOTE - A promissory
note evidencing a loan in which "interest only" payments
are made periodically during the term of the note, with the principal
payment due in one lump sum upon maturity.
SUBJECT TO MORTGAGE - A grantee
taking title to real property "subject to mortgage" is not
personally liable to the mortgagee for payment of the mortgage note.
In the event the grantor-mortgagor defaults in paying the note, the
grantee could, however, lose property, and thus his equity, in a foreclosure
sale.
SUBORDINATION AGREEMENT -
An agreement whereby a prior mortgagee agrees to subordinate or give
up their priority position to an existing or anticipated future lien.
SUMMARY POSSESSION - A legal
process used by a landlord to regain possession of the leased premises
if the tenant has breached the lease or is holding over after the
termination of tenancy.
SURRENDER - A premature conveyance
of a possessory estate to a person having a future interest, as when
a lessee surrenders the leasehold interest to the owner of the reversion
interest, the lessor, before the normal expiration of the lease.
SURVEY - The process by which
boundaries are measured and land areas are determined; the on-site
measurement of lot lines, dimensions, and position of houses in a
lot including the determination of any existing encroachments or easements.
SURVIVORSHIP - The right of
survivorship is that special feature of a joint tenancy whereby all
title, right and interest of a decedent joint tenant in certain property
passes to the surviving joint tenants by operation of law, free from
claims of heirs and creditors of the decedent.