 |
Abstract
of title A condensed but full summary of all materials such as
conveyances, deeds, liens, easements, encumbrances, marriages, divorces,
deaths, wills, etc. that affect title to a specific parcel of real estate in
any manner. |
 |
" A"
credit customers Consumers with impeccable credit, who can
obtain a loan from traditional lenders. |
 |
Acceleration
clause (lease) Language in the lease that allows the Lessor to
declare all amounts due during the entire term of the lease to be due upon
default. |
 |
Accounts Payable
The
amount of money a company owes for goods and services it has received; any
outstanding debt a company has. |
 |
Accounts Receivable
Amounts
owed by others for goods furnished or services rendered ( invoices which
have not been paid by the company's customers). |
 |
Accounts Receivable Aging Report
A
report showing how long invoices from each customer have been outstanding. |
 |
Advance
Rate The percentage of the face amount of an income stream that a
funding source will advance to a client. |
 |
AIA
payment bond Standard form of bond. |
 | Amortization
The gradual, systematic payment of debt, such as mortgage and note, by
installment payments of the principal and accrued interest at stated periods
for a definite time, which, at the expiration of time, the debt will be
fully liquidated. |
 |
Articles
of Incorporation A document filed with a U. S. state by the founders
of a corporation. After approving the articles, the state issues a Certificate
of Incorporation; the two documents together become the Charter of
Incorporation. |
 |
Asset Anything
having commercial or exchange value that is owned by a business, institution or
individual. A business' assets might include its real estate, equipment,
inventory, intellectual assets such as copyrights or trademarks, and accounts
receivable. |
 |
Assignability
The
ability to assign (or sell) an income stream to another individual or business. |
 |
Assignee The person or business entity who is given, obtains, or buys the right to an
asset. |
 |
Assignment
The
transfer of the rights, title or interest of any debt instrument that is
properly owned by another party. |
 |
Assignor The person giving or selling an asset, and subsequently, forfeiting rights
to that asset. |
 |
Assumption
of mortgage The taking of title to property wherein the grantee
expressly assumes personal liability for the payment of an existing mortgage
against the property and also becomes a co-guarantor for payment of the
mortgage note. |
 |
"B"
through "D" credit customers These consumers have less than
perfect to bad credit and usually cannot qualify for traditional financing. Also
called "sub-prime" credit
customers. |
 |
Bad Debt Any
debt that is delinquent and has been written off as uncollectible. |
 |
Balance
Sheet A financial statement that shows a business' current financial
condition, with assets on one side, and liabilities and net worth on the other
side. |
 | Balloon The
balance of principal that is due and owing in its entirety at a specified point
in time, but in any event, less than time required to fully amortize the debt. A
balloon payment terminates the note obligation, distinguished from a
principal payment, which only reduces the balance even if it is in excess of
regular monthly payments. |
 |
Bankruptcy
A state of
insolvency of an individual or organization. The inability to pay debts. |
 | Base
rent (lease) The monthly rent payment, usually calculated on a
per-square-foot basis, before adding any other charges the lease requires
the lessee to pay (i.e. taxes and insurance). |
 |
Beneficiary
The person or
party entitled to receive the benefits, or proceeds, of the life insurance
policy upon the debt of the insured person. |
 | Beneficiary
(letters of credit) The party that sells the goods and will be
paid by the issuer of the letter of credit. |
 |
Bill of
exchange A universally accepted statement of a debt. A bill of
exchange recognizes a debt regardless of a country's specific laws. |
 |
Bill of lading
A shipping
document that gives instructions to the company transporting the goods. |
 |
Bill of sale
A document used
to transfer the title of certain goods from seller to buyer. |
 |
Bond Insurance policy that guarantees performance or payment. Required on all
government and large commercial projects. |
 |
Bridge
Loan Short term financing that enables a borrower to close on a
project in a timely manner, until permanent funding is in place. |
 |
Business-based income streams
Cash
flow instruments that are paid to a business by another business or government. |
 |
Buyer
(international factoring) The overseas customer. Also called the
"customer". |
 |
Buyer's
credit (international factoring) An alternative tool offered by
the seller to its buyer. It allows buyer the choice of paying at the
maturity date or enjoying a payment extension (maximum of 60 days) granted
by the factor. If the buyer chooses the extension, the factor will effect
payments to the seller at the original maturity date against commitment by
the buyer to pay after 60 days or against a deed of assignment of the debt
to the factor. |
 |
Cash Flow The flow of cash
through a business or household. In business terms, cash flow involves the flow
of cash into a company in the form of revenues, and out of the company in the
form of expenses. |
 |
Cash flow broker
Professional
whose primary purpose is to unite income stream sellers with funding sources.
They may operate as referral sources or as the primary liaison for cash flow
transactions. |
 |
Cash flow industry
The
buying, selling, and brokering of privately held debt in the secondary
marketplace; the marketplace where businesses and individuals get help managing
their cash flow. |
 |
Cash flow instrument
Future
payment or series of payments. Also called a "debt instrument" or
"income stream". |
 |
Cash flow specialist A cash flow
professional who brokers cash flow transactions or buys cash flow transactions. |
 |
Cash flow transaction
Occurs
whenever a funding source pays cash to an individual or business in exchange for
an income stream. |
 |
Certificate
of origin A document showing the origination site of a shipment of
goods. |
 |
Chattel mortgage
A mortgage
on personal property, given to secure a debt. Typically used in the sale of a
business. Also called a "security agreement". |
 |
Client
(international factoring) The exporting company. |
 | Closing
statement When real estate is bought and sold, there are usually a
number of expenses involved. The closing statement is an accounting of all
monies involved in the transaction and to whom and by whom it was paid. |
 |
Collateral
Something of value
(land, a home, a car, etc.) that is pledged
as security to ensure the payment of a debt. Collateral is promised to a lender
until a loan is repaid. If the borrower defaults, the lender has the right , by
law, to seize the collateral and sell it to pay off the loan. |
 |
Collateral-based income streams
Cash
flow instruments that are secured by collateral. |
 |
Collectibility
Refers to the
funding source's ability to collect future income streams payments once they are
purchased. |
 |
Commercial
credit insurance Insurance against extraordinary losses from the
ultimate uncollectibility of accounts receivable. |
 |
Commission
Fee paid to a
broker for executing or referring a cash flow transaction. |
 | Concentration
The portion of a client's total accounts receivable due from a single
customer. A customer's account that comprises 50 percent of a client's total
receivables is highly "concentrated". |
 |
Consumer-based income streams
Cash
flow in which the party that owes
payments is a consumer, a private individual. |
 |
Contingency-based income streams
Cash
flows in which the recipient is not necessary legally entitled to receive
payments, or in which the amount of the payment is uncertain or contingent upon
outside factors. |
 |
Conversion
The process of
converting a qualified prospect into an active client. |
 |
Co-payment
(construction) Two or more names on a check to ensure that all
providers of material or labor are paid in full. |
 |
Corporate
resolution An action taken by vote of the directors of a
corporation. |
 |
Corporation
A legal entity,
chartered by a U. S. state or the federal government, and separate and distinct
from the persons who own it. It is regarded by the courts as an artificial
person; it may own property, incur debts, sue or be sued. |
 |
Cost of
goods sold The cost of all the materials needed to make the
client's product. |
 |
Credit
analysis A review of the record and financial affairs of an
individual or corporation to ascertain creditworthiness. |
 |
Creditor One who is owed
payments on a debt by a debtor. |
 |
Customer
(international factoring) The overseas buyer. Also called the
"buyer". |
 | D/B/A Abbreviation for "Doing Business As". |
 |
Debt instrument
Future
payment or series of payments, or a debt that one party owes to another party.
Also known as "income streams" or "cash flow instruments". |
 |
Debtor One who owes something
and makes payments to a creditor. |
 | Deed in
lieu of foreclosure A deed in lieu of foreclosure is a conveyance
of title to real estate. As can be gleaned from the title, the conveyance is
executed in lieu of having the mortgage foreclose on the property. The sole
consideration on the mortgagee's part is the agreement not to foreclose on
the property. This allows the mortgagor to maintain a clean credit record. |
 |
Default The omission or
failure to perform or fulfill a legal duty, obligation, or promise (i.e. to pay
a debt). |
 |
Deficiency
judgment A personal judgment against any person liable for the
debt secured by a mortgage or deed of trust and being the amount remaining
due to the mortgagee or beneficiary after foreclosure. |
 |
Discount
(or discount rate) The percentage of the face amount of an invoice
that a factor keeps or charges as its fee for factoring and other services.
Also called the factor's "fee". |
 |
Documentary
letter of credit A letter of credit that shows other
documents that will be required before payment can be made. |
 |
Due diligence
Exhaustive
research on a transaction, income stream, client, and/or payor. Due diligence
may involve credit checks, appraisals, UCC searches, lien searches, or on-site
visits with clients. |
 | Easement
The legal right a person has in the limited use or enjoyment of real
property of another. It is considered an interest in real property. |
 | Encumbrance
Any claim, lien, charge, liability, encroachment, easement, etc.
attaching to real property which may cause the title to be clouded and may
affect the value of the property. |
 |
Equity The value or interest
an owner has in property over and above any indebtedness owed on the property. |
 |
Escalator
clause The clause in a mortgage allowing the lender to adjust the
interest rate based upon the occurrence of a certain event. |
 |
Escrow The system by which
money documents, personal property, or real property is held in trust for
another party by a disinterested third party until the terms and conditions of
the escrow instructions are completed or terminated. |
 | Estoppel
letter An estoppel is a bar or impediment which precludes
allegation or denial of a certain face or group of facts. An estoppel letter
is a notarized document upon which facts are sworn to by a party. The
purpose of the letter is to prevent , or estop, the same party from later
claiming facts contrary to those sworn on the estoppel letter. |
 | EXIM
Bank The Export Import Bank of the United States. The EXIM Bank
offers insurance to protect US businesses against fraud and trade disputes.
It provides guarantees from the US government for up to 95 percent of losses
due to political risk and 100 percent of losses due to trade disputes. |
 | Export
factor The US factor. |
 |
Face value
The current
principal balance on an income stream. |
 |
Factor A funding source that
specializes in funding accounts receivable. |
 |
Factoring The purchase of a
business' accounts receivable at a discount. |
 |
Fictitious name
A legal
statement filed when a person uses a name other than his or her own to operate a
business. |
 |
Fiduciary A person, company,
or association holding assets in trust for a beneficiary. Or, a person or entity
holding a special relationship of trust, confidence, or responsibility in
obligations to others (i.e., a broker may have a fiduciary responsibility to a
funding source). |
 |
Foreclosure
A legal
proceeding in court to seize property given as security for a debt that is in
default. |
 |
Funding source
An individual
investor or an investment company that buys income streams. |
 |
Government-based income streams
Cash
flows paid by a government entity, either directly or through an insurance
company. |
 |
Grant
deed A warranty deed in Trust Deed states. See "warranty
deed". |
 |
Gross
lease Specifies one rental price, inclusive of rent, taxes,
utilities, and maintenance for the property. |
 |
Hypothecation
Borrowing funds
from a lender, investing those funds in a debt instrument, and giving the lender
a security interest in the debt instrument as the collateral for the loan. |
 |
Income stream
A future
payment or series of payments, or a debt that one party owes to another party.
Also known as a "debt instrument" or "cash flow instrument". |
 |
Inspection
certificate A document showing that the goods shipped have been
received and inspected by the buyer and have been found satisfactory. |
 |
Institutional lenders
Savings
and loan associations, local and regional banks, mortgage companies, finance
companies, and commercial lenders. |
 |
Insurance-based income streams
Cash
flows stemming from insurance companies and paid to individuals or businesses. |
 |
Intangible personal property
Something
that has value but is not a tangible asset, for example, a trademark, copyright,
patent, or trade secret. |
 | Investment-to-value ratio
A
measure of how secure a creditor's position is and how likely the creditor is to
recoup all of his or her money in the event of a foreclosure. The ratio is found
by adding the amount of money the mortgage holder/investor has invested in
the mortgage (not balance on the mortgage) to any senior liens existing on
the property and then dividing that sum by the current value of the
property. A higher ratio indicates a riskier investment. |
 |
Joint venture
A business
entity established for a specific task, operation, or goal. |
 | Land
contract A form of real estate purchase in which the buyer makes
installment payments toward the purchase over time and has the use of the
property but does not receive title to the property until it is paid for in
full. |
 |
Lead A piece of information
of possible use in the search for a prospective client. |
 | Lessor
estoppel certificate A statement by the lessor/landlord concerning
the status of the lease and the lessee/tenant's performance of obligations
under the agreement. A lender uses this statement to determine whether or
not to make a loan on the property. A funding source may use it to evaluate
a lease purchase transaction. |
 |
Leverage The ratio of debt to
total assets. |
 |
Lien A claim against property
that makes it security for the payment of a debt, judgment, mortgage, or taxes. |
 |
Lien law
(construction) System that protects the legal rights and economic
interests of the owner, general contractor, subcontracts, material
suppliers, and laborers. |
 |
Limited liability company
A
form of business structure designed to combine the best of corporate and
partnership attributes into one entity. |
 |
Loan-to-value ratio
A measure
of how heavily mortgaged a property is and how likely the owner is to default on
his or her debts. The ratio is found by dividing the total balance of all
existing liens on the property by the current value of the property. A
higher ratio indicates a riskier investment. |
 | Marginal
credit customers Marginal credit is not the same as bad credit.
Consumers with marginal credit may have had some slow payments, but
generally pay their bills. They may have accumulated little or no credit
because of a discharged bankruptcy, short employment history, short time of
residence, etc. |
 |
Market value
The price at
which a ready, willing, and informed person would buy something; the price
property would command in the current market. |
 |
Marketing The process of
identifying and communicating with qualified prospects. |
 |
Master broker
Individual who
has been certified and designated by the American Cash Flow Association to work
with Diversified Cash Flow Specialists. |
 |
Mechanics
lien A claim created by statutory law in most states, existing in
favor of mechanics or other persons who have performed work or furnished
materials in and for the erection or repair of a building. A mechanic's lien
attaches to the land as well as the building. |
 |
Mortgage A written instrument
that creates a lien by pledging real property as security for a debt. |
 | Mortgage
note A negotiable promissory note secured by a mortgage on
specific real estate. The legal and negotiable evidence of the debt created
by the sale of a property on credit as a written promise to repay. It states
the rate of interest, repayment schedule and other terms associated with the
debt and its repayment. |
 | Mortgagee
The lending party under the terms of a mortgage. The lender of money or
the creditor and the owner (holder) of the mortgage. Referred to as the
"seller" of the private mortgage note. |
 | Mortgagor
The borrowing party who pledges property as collateral. The owner of the
real estate and the borrower or debtor. Referred to as the "payor"
on the private mortgage note. |
 | Net
lease Provides a base rental amount for a property that the lessor
will net, and requires the lessee to pay taxes, utilities, and maintenance,
and other additional costs, associated with the leased premises. Also called
a "triple net lease" or "absolute net lease". |
 |
Notice of Pre-lien
A document
notifying the owner of real property that materials or services are being
furnished to his real property, putting him on notice that the one sending it
will look to have a lien against the real property if those materials or
services are not paid for. Also called "Notice to Owner". |
 |
Notification
A characteristic of factoring, whereby the factor takes assignment of
the accounts receivable and notifies the customers of the client to pay the
factor directly. |
 |
Owner financing
A type of
financing in which the seller of a tangible item accepts a promissory note as a
portion of the purchase price. Also called "seller financing". |
 | Partial Any part of the payment stream that is less than the full amount due
under the terms of the mortgage note. A partial purchase is the purchase of
this portion of the payment streams. |
 |
Partnership
A common form of
joint ownership of a business. |
 |
Payee Person or business that
has the right to receive a payment or a series of payments and is interested in
selling that income stream for cash. Also called the "seller" or
"client". |
 | Payor The person, company, or
government responsible for making payments on an income stream. |
 | Payout
(consumer contracts) The cash paid to the client upon purchase of
the contract. |
 | Percentage
rent Rent that is paid as a percentage of retail sales, often in
addition to the base rent. |
 | Performance
bond An insurer/surety, paid for by the Contractor, to guarantee
the completion of a construction project. If the project is not completed in
accordance with the construction contract, the surety must complete the job,
or pay the expenses of completing the job. |
 |
Performance
level Refers to the length of time debt is delinquent. The three
performance levels for debt are:
 |
Performing
debt This debt is no more than 30 days overdue. This type of
debt is incurred in the normal course of business and generally does not
impose a burden on the creditor. |
 |
Sub-performing
debt This debt is from 30 to 120 days delinquent. These
accounts are labor-intensive and expensive for companies to maintain. |
 |
Non-performing
debt This debt is more than 120 days delinquent. Companies
generally write these debts off after 180 days. |
The higher
the classification of the debt with regard to performance, the higher the
offer will be from the funding source. |
 |
Personal guaranty
A
contractual agreement between a funding source and a seller, whereby the seller
assumes personal responsibility and liability for the obligations of the income
stream. |
 | Placement
level Refers to the number of times, if any, debt has been placed
with an outside agency for collection. The following terms are used to
describe the placement level: |
 |
Portfolio A group or package
of income streams of the same type. |
 | Prepayment
penalty A penalty for the payment of a debt before it becomes due. |
 |
Privately held
Owed to a
private individual or business rather than to a bank or other financial
institution. |
 |
Profit and Loss Statement
A
financial statement that shows a historical record of a business' income and
expenses. |
 |
Progress
billings (construction) Billings for completed work at specified
intervals. |
 | Progress
payments (construction) Payments received from the payor in
response to billings. |
 |
Promissory note
A written
promise to pay a specified amount at a certain interest rate to a specified party over a certain period of
time. |
 |
Purchase
money mortgage A mortgage given to the seller to secure in whole
or in part the purchase price of real property. |
 |
Purchase
money note The note created at the sale of a property and secured
by a Purchase Money Mortgage. |
 | Quit
claim deed A no-warranty deed in Mortgage Deed states. |
 | Real
estate contract A contract for the purchase or sale of real
property, which may or may not include personal property. The Statute of
Frauds dictates that, to be enforceable, any contract for the purchase or
sale of real estate must be in writing. |
 |
Real property
Real estate. |
 | Rebate The amount of the reserve account that is remitted to the client upon
payment of an invoice. |
 | Receivership
A remedy which may be granted by a court of law in an appropriate case,
whereby a person is appointed as a receiver to posses, manage and protect
money or property until the litigation involving the property is concluded. |
 | Recording
The placing on the public records of the county in which the property is
located any instrument that affects the title of that property. |
 |
Replevin A legal proceeding
in court to seize property (other than real estate) given as security for a debt
that is in default. |
 |
Reserve An amount a funding
source holds in its account to cover potential payment defaults. After a certain
time period has passed, the funding source rebates the reserve to the client
less any fees or charges for delinquency. Also called a "bad debt
reserve". |
 | Reserve
account The account set up to track funds owed to the client from
the collection of factored invoices. The reserve account balance can be
calculated by taking the invoice face value and subtracting the initial
advance, the factor's earned fees, and any charge backs and administrative
charges. |
 | Retainage
(construction) Contractual hold-back of a percentage (usually 5 to
10 percent) of billings to ensure that work is completed to satisfaction of
the architect, engineer, and owner. |
 | Right
of set-off A right which exists between two parties; each of whom
owes an amount to the other under a separate contract, to set-off (reduce)
one party's debt by deducting there from the amount owed to that party by
the other party. |
 |
Satisfaction
The discharge of
an obligation by paying a party what is due (i.e., the satisfaction of an IRS
lien or the satisfaction of a mortgage). |
 |
Schedule
of accounts A document that is provided to the factor by the
client which lists the following information: The date of the client's
invoice, account number assigned to the customer by the client, name of the
customer to whom the invoice will be sent, invoice number assigned by the
client to the customer, amount due for the goods provided to the client,
name of the factor, legal name of the client submitting the invoices, total
face amount of all the invoices submitted to the factor, and the signature
of the person authorized to sign on behalf of and bind the client. |
 | Seasoned The length of time
payments have been made on a note or other debt instrument. A mortgage and note
are seasoned if many payments have been received in a timely manner. Buyers
will have their own ideas as to how many payments make for a seasoned
mortgage, but a year's worth is fairly well seasoned. In that time, the
payor will have established his/her financial ability to make the payments
on a consistent basis. |
 | Second
mortgage A subordinate or junior mortgage to a first mortgage.
Seller Carry-Back Mortgage - A mortgage held by the seller of a property and
created as a result of the seller of the property financing a portion of
that sale. |
 |
Secondary market
The
marketplace where individuals and businesses can sell privately held income
streams to funding sources for cash. |
 |
Securitization
The bundling
and resale of debt instruments to investors; permitted only for parties licensed
and regulated by the SEC. |
 |
Security interest
An interest
in property, other than real estate, which is given as security for a debt or
other obligation. A security interest is created by execution of a security
agreement and one or more financing statements under the Uniform Commercial
Code. |
 |
Seller The person or company
that is holding a debt instrument and wants to sell it. |
 |
Servicing The collection of
payments of interest and principal, and trust fund items such as fire insurance,
taxes, etc., on a note by the borrower in accordance with the terms of the note.
Servicing by the lender also consists of operational procedures covering
accounting, bookkeeping, insurance, tax records, loan payment follow-up,
delinquent loan follow-up and loan analysis. |
 |
Set-off An agreement established between the client and his customer, whereby in
certain circumstances the customer may be entitled to deduct a portion of
the amount otherwise owed to the client; in which case the factor may have
advanced sums against an invoice which it is unable to recover directly from
the customer. |
 |
Silent
second Financing in addition to a first mortgage, generally used
to secretly fund the mortgagor's required down payment. It is not recorded
on the closing statement and sometimes not even recorded in public record
for up to six months. This is misrepresentation at best and, if intentional,
can be fraudulent with severe penalties. |
 |
Simple
deed A no warranty deed in Trust Deed states. |
 | Simultaneous
closing A real estate owner agrees to accept a private mortgage
note in order to speed up the sale of the property. Then, during the closing
process, the real estate seller immediately sells the private mortgage note
for cash. The result is the same for the seller as a cash sale. |
 | Site
draft Backup information the funding source sends to the client
along with the payout. |
 |
Sole proprietorship
A
business owned and operated by an individual. |
 | Split
funding A purchase structure in which the funding source pays a
portion of the purchase price at closing and the remaining portion(s) at a
later date(s). |
 | Split
payment A purchase structure in which the funding source buys a
specified portion of the seller's monthly mortgage (or any other kind of
debt) payments. The seller continues to receive income from the remaining
portion. |
 |
Subordination
The act of a
creditor acknowledging in writing that a debt due him or her by a debtor shall
be inferior to the debt due another creditor by the same debtor. |
 |
Tail The payment stream
and/or balloon payment of an income stream subsequent to another party's right
and interest in the income stream. Usually the back half of the payment stream
when another party has purchased the front half. |
 |
Tangible personal property
Personal
property other than real estate, such as cars, boats, or other assets. |
 | Term The period of duration of an invoice, acceptance, time draft, bill of
exchange, or bond; synonymous with tenor and usance. The time allowed for
payment of bills. |
 |
Time value of money
Concept
that addresses the way the value of money changes over a period of time. |
 |
Title commitment
A commitment
on the part of the insurer, once a title search has been conducted, to provide
the proposed insured with a title insurance policy upon closing. |
 |
Title insurance
Title
insurance can either benefit the payor or the payee. Should the beneficiary
suffer any damages due to clouded or false title to real estate, title insurance
recompenses the damaged party to the extent of the damages. |
 |
Title policy
An insurance
policy that insures a party against loss due to a defective title. |
 | Title
search Research conducted in public records from the distant past
to the present to ensure that title to a property has passed cleanly,
legally, and without dispute from owner to owner. A title search also
uncovers any existing liens on the property and any other claims third
parties may have to the property researched. |
 | Trade
discount A deduction from the list price of goods allowed by a
seller in return for payment within a specified time; for example, 2 percent
10/net 30-day terms allows a 2 percent discount from the list price if paid
within 10 days. |
 |
Trial balance printout
A
spreadsheet that lists all loans in a portfolio and their payment schedule.
Usually required for a portfolio transaction. |
 | Trustee The trustee in a trust deed state is an entity holding title to property
in trust for the benefit of a lending institution as security for the
repayment of the bonds sold by the trustor in order to purchase the real
estate in question. |
 | Trustor In a trust deed state, the trustor is the purchaser of real property
financed, in whole or in part, through a promissory note issued to a
beneficiary lending institute or seller. The property purchased is placed in
trust until the debt is satisfied. |
 | Trust
deed In some states, as well as in the District of Columbia, a
trust deed or deed of trust is a security resembling a mortgage, being a
conveyance of lands to trustees to secure the payment of a debt, with a
power of sale upon default, and upon a trust to apply the net proceeds to
paying the debt and to turn over the surplus to the grantor. |
 | UCC-1 A document which is placed on record with the Secretary of State or with
the County Recording Office. The purpose of filling this document is to
evidence the funding source's security interest in the client's personal
property. This document is filed in the state or county in which the
client's business is located. |
 | UCC-2 A document commonly used in the State of California which also is filed
with the Secretary of State. The State of California does not have a UCC-3
document; they call it a UCC-2. |
 | UCC-3 A document which is placed on record with the Secretary of State or with
the County Recording Office to evidence a change in status for a UCC-1. With
respect to cash flow, a UCC-3 (or UCC-2) may be used to evidence assignment
or termination of a UCC-1 or to make another applicable change. |
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Uniform Commercial Code (UCC)
Standardized
set of guidelines protected by law that set down how business transactions must
be conducted. |
 |
Unseasoned
A lease or note
that has few, if any, payments made. |
 |
Usury Laws governing the rate
of interest which can be charged to a borrower, and setting forth civil and
criminal penalties for violations of these laws. Usury laws differ from state to
state. |
 | Verification
A procedure used to confirm the validity of assigned accounts
receivable; the factor checks directly with the client's customers to verify
accounts as due and payable. |
 | Warranty
deed A deed to property in Mortgage Deed states that includes a
confirmation by the grantor that they have sole title to the property and
will guaranty that.
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 | Wraparound
A mortgage loan in which a lender places a new mortgage on a parcel of
real estate which already has an existing mortgage. The lender's new
mortgage is in a secondary or subordinate position to the existing first
mortgage. The new mortgage wraps around the existing first mortgage and
includes both the unpaid principal balance of the first mortgage and
whatever amount the lender advances on the wraparound mortgage to the
borrower above the first mortgage.
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