Archives: Glossary

NONRECOURSE LOAN

A loan not allowing for a deficiency judgement. The lender’s only recourse in the event of default is the security (property) and the borrower is not personally liable.

NONRECURRING EXPENSE

An expense which does not usually repeat itself, such as a fire or other natural disaster.

NOSING

The edge of a step which projects over the riser below.

NOTARY PUBLIC

One who is authorized by the state or federal government, to administer oaths, and to attest to the authenticity of signatures. A federal authorization may extend the authority to attest to the authenticity of certain documents, and to act as a notary in foreign countries.

NOTE

A unilateral agreement containing an express and absolute promise of the signer to pay a named person, or order, or bearer, a definite sum of money at a specified date or on demand. Usually provides for interest and, concerning real property, is secured by a mortgage or trust deed.

NOTE RATE

The rate of interest set forth on a note. The note creates the promise to repay the debt; the mortgage uses the real estate to secure the promise to repay.

NOTICE

See types of notice: Actual; Constructive; Statutory.

NOTICE OF ACTION

A recorded notice that property may be subject to a lien, or even that the title is defective, due to pending litigation. Notice of a pending suit. Also called “Lis Pendens”.

NOTICE OF CESSATION

A notice stating that work has stopped on a construction project. Done to accelerate the period for filing a mechanic’s lien.

NOTICE OF COMPLETION

A notice, recorded to show that a construction job is finished. The length of time in which mechanic’s liens may be filed depends upon when and if a notice of completion is recorded.

NOTICE OF DEFAULT

A notice filed to show that the borrower under a mortgage or deed of trust is in default (behind on payments).

NOTICE OF NONRESPONSIBILITY

A notice filed by an owner of property to show that work being done has not been contracted for by said owner. If properly done, mechanic’s liens will not attach to the property. Often done when a tenant contracts for work on property.

NOTICE OF RECISION

A recorded notice to rescind a notice of default of a mortgage or deed of trust.

NOTICE TO QUIT

A notice by a landlord to a tenant to vacate rented property. There are two types; for nonpayment of rent or a second type for any reason. Usually the notice for nonpayment allows less time to vacate.

NOTORIOUS POSSESSION

A requirement for adverse possession. Possession so open (notorious) that the owner is presumed to have notice of it and its extent.

NOVATION

A contract that releases the obligation of a party to an existing contract and substitutes another party. Differs from assignment or delegation in that all parties must agree and an assignor or delegator is not released of obligation.

NOW

See: Negotiable Order of Withdrawal.

NPL

See: National Priorities List.

NUISANCE

A use of property which interferes with the use and enjoyment of other property by excessive noise, odors, fumes, or other harmful or unpleasant emissions.

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