Glossary

A Word About Title Language

The title industry has its own language. Many of its words and idioms are derived from the language of the law while others are common words given special meaning related to land titles. There are also words and phrases coined over the years by the title industry itself.

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MARKET VALUE

An average between the highest price which a buyer, willing but not compelled to buy, would pay and the lowest price a seller, willing, but not compelled to sell, would accept.

MARKETABLE TITLE

A title which a court of equity considers to be so free of material defects and liens that it will force the title’s acceptance by questioning purchaser. Also known as a merchantable title.

MECHANIC’S LIEN

A lien on real estate, created by operation of law, which secures the payment of debts due to persons who perform labor or services or furnish materials incident to the construction of buildings and improvements on the real estate.

MEETING OF MINDS

The state that exists when all parties to a contract agree to the exact terms thereof.

METES AND BOUNDS

A land description in which boundaries are described by courses, directions, distances, and monuments.

MORTGAGE

(From the Latin Terms “mors” and “mort” meaning death or dead.) A temporary conditional pledge of property to a creditor as security for the payment of a debt which may be killed or cancelled by payment.

MORTGAGE BOOK

A book in the public records in which mortgages are recorded.

MORTGAGEE

The holder of a mortgage. The party to whom a mortgage is made.

MORTGAGEE POLICY

(Sometimes called a mortgage policy.) A policy of title insurance insuring the holder of a mortgage against loss occasioned by the impairment or invalidity of the lien of such mortgage or because of defects in, superior liens upon, or unmarketability of the title.

MORTGAGOR

A person who mortgages property. A person who executes a mortgage.

MULTIPLE LISTING

The pooling, in a central bureau, of listings of properties for sale, which listings are held individually by members of a group of real estate brokers, with the agreement that any member of the group may sell the properties and in case of a sale, the commission will be divided among the broker making the sale, the broker who filed the listing, and the bureau.