Capitalization Rate::The percentage (acceptable to an average buyer) used to determine the value of income property through capitalization.
Certificate of Title::In areas where attorneys examine abstracts or chains of title, a written opinion, executed by the examining attorney, stating that title is vested as stated in the abstract.
Close of Escrow::The date the documents are recorded and title passes from Seller to Buyer. On this date, the Buyer becomes the legal owner, and title insurance becomes effective.
Closing::The final procedure in the real estate sales process, where the sale and pertinent loan are completed by the execution of documents for recording. In some areas, this procedure is known as the closing of escrow.
Cloud on Title::An irregularity, possible claim, or encumbrance which, if valid, would adversely affect or impair the title.
Coinsurance::Ordinary coinsurance is defined as a transaction under which each of two or more insurers assumes a designated portion of the liability for the total risk and is liable for only such portion of any loss beginning at the first dollar of loss. (See Reinsurance.)
Collateral::By or at the side, additional or auxiliary. Mistakenly used to mean collateral security.
Collateral Security::Most commonly used to mean some security in addition to the personal obligation of the borrower.
Commitment::A binding contract with a title company to issue a specific title policy, showing only those exceptions contained in the commitment and any intervening matters after the date of the commitment and prior to the effective date of the policy. The commitment contains all information included in the preliminary title report, plus a list of the title company's requirements to insure the transaction. It also includes the standard exceptions from coverage that will appear in the policy.
Community Driveway::A driveway which is jointly owned, used and maintained by two or more persons. Usually, a portion of each owner's property is burdened by the driveway.
Community Property::Property acquired by husband, wife or both during marriage which gives each spouse an interest in the property whether each appears in title or not.
Comparable Sales::Sales that have similar characteristics as the subject property, used for analysis in the appraisal. Commonly called "comps."
Condemnation::The taking of private property by the government for public use - as for a street or a storm drain - upon making just compensation to the owner. This right or power of government to take property for a necessary public use is called "eminent domain."
Conservator::A person appointed by the court to care for the person and/or property of an incompetent adult or an adult unable to care for their person or property because of health.
Constructive Notice::Notice imparted by the public records of the county when documents entitled to recording are recorded.
Conveyance::An instrument in writng, such as a deed or trust deed, used to transfer (convey) title to property from one person to another.
Corporation::An entity authorized by law and established by a group of people, the stockholders, which is endowed with certain rights, privileges and duties similar to an individual.
Covenant::(1) A formal agreement or contract between two parties in which one party gives the other certain promises and assurances, such as the covenant of warranty in a warranty deed. (2) Agreements or promises contained in deeds and other instruments for performance or nonperformance of certain acts, or use or nonuse of property in a certain manner.
Covenants, Conditions and Restrictions::Commonly called "CC & R's" the term usually refers to a written recorded declaration which sets forth certain covenants, conditions, restrictions, rules or regulations established by a subdivider or other landowner to create uniformity of buildings and use within tracts of land or groups of lots. The restrictions also can be established by deed. CC & R's are sometimes referred to as private zoning.
