Real Estate Law Glossary Terms

A determination of the value of something, such as a house. A professional qualified appraiser should make an unbiased estimate by examining the property and looking at the initial purchase price and comparing it with recent sales of similar or neighboring property. Home appraisals are used to determine worth of property for mortgages, home equity loans, estate settlements, bankruptcy and foreclosure proceedings, and insurance damages.

A short-term loan for financing the cost of construction.

Copyright is protection provided to authors of fixed literary, dramatic, artistic, and musical works as well as some other intellectual works, published and unpublished. The owner of a copyright has the exclusive rights to use the copyrighted work for reproduction, distribution, creating derivative works and public display of the work. Copyright protects the form of expression but not the subject matter, protecting for instance, the way an author described a cat but not preventing anyone else from writing their own description of a cat – as long as it is not copied from an original work. The Library of Congress registers copyrights. Registered copyrights of works created since 1978 last the life of the author plus 70 years. For works "made for hire", the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter. Some treaties extend copyright protection in member countries.

Any loan for which funds or property (typically a home) is being used to secure the loan. The mortgage loan to purchase the home is considered the first mortgage and is typically secured with a financial down payment or proceeds from the sale of a former home. Second mortgage loans, like home equity loans, are secured by pledging the home as collateral for the loan.

Patents protect inventions and improvements to existing inventions. A patent grants an inventor permission to exclude others from making, using, offering for sale, or selling their invention in the United States or importing their invention into the United States. There are three types of patents: utility, design, and plant. Typically, utility and plant patent last 20 years from filing and design patents have a term of 14 years. A utility patent will expire during its term unless appropriate maintenance fees are timely paid. The U.S. Patent and Trademark Office (USPTO) issues patents but the owner has to enforce the patent without the help of the USPTO. Patents are issued and enforced by country.

The party (individual) or entity who starts a lawsuit against another party (the defendant) in a court of law.

Sub prime loans are typically offered to persons with poor credit histories or those with a lack of credit history, and they carry a higher rate of interest than prime loans to compensate the lender for increased credit risk. Sub prime loans for mortgages or refinancing fall more often into foreclosure for reasons that may include higher interest rates, ignorance of a person’s ability to repay the loan, ballooning interest payments, and hidden fees.

Trademarks or service marks,(also referred to just as "marks"), protect brands, brand names, symbols, logos, devices, and designs applied to products or used in connection with services. A trademark can be words, a design, a color, a sound, a smell and even the way something feels as long as it is distinctive. The USPTO issues federal mark registrations used "in commerce," which is generally in more than one state. Only marks with final USPTO federal registration can be shown with the "®" symbol. Federally registered marks are benefited by: the owner’s ability to take action in federal court on behalf of the mark; the owner's ability to legally enforce the mark nationwide; the owner's ability to use the filing date of the U.S. application in a foreign registration to predate registrations in foreign countries; and the owner's ability to record the registration with the U.S. Customs Office (to prevent the importing of infringing foreign goods). U.S. federal trademark registrations are valid for 10 years after registration, providing that the owner uses the mark during the terms and an "Affidavit of Use" has been filed between the fifth and sixth years following registration. States also issue state trademark protection. Federal trademarks are issued and enforced by each country.