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Real Estate Glossary Terms
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MORTGAGE TERMS
A- Z
A clause in your mortgage which allows the lender to demand
payment of the outstanding loan balance for various reasons. The most common
reasons for accelerating a loan are if the borrower defaults on the loan or
transfers title to another individual without informing the lender.
Adjustable-rate mortgage (ARM)
A mortgage in which the interest
changes periodically, according to corresponding fluctuations in an index. All
ARMs are tied to indexes.
Adjustment Date
The date the interest rate changes on an adjustable-rate
mortgage
Amortization
The loan payment consists of a
portion which will be applied to pay the accruing interest on a loan, with the
remainder being applied to the principal. Over time, the interest portion
decreases as the loan balance decreases, and the amount applied to principal
increases so that the loan is paid off (amortized) in the specified time.
Amortization Schedule
A table which shows how much of
each payment will be applied toward principal and how much toward interest over
the life of the loan. It also shows the gradual decrease of the loan balance
until it reaches zero.
Annual Percentage Rate (APR)
This is not the note rate on your
loan. It is a value created according to a government formula intended to
reflect the true annual cost of borrowing, expressed as a percentage. It works
sort of like this, but not exactly, so only use this as a guideline: deduct the
closing costs from your loan amount, then using your actual loan payment,
calculate what the interest rate would be on this amount instead of your actual
loan amount. You will come up with a number close to the APR. Because you are
using the same payment on a smaller amount, the APR is always higher than the
actual not rate on your loan.
Application
The form used to apply for a
mortgage loan, containing information about a borrower’s income, savings,
assets, debts, and more.
Appraisal
A written justification of the
price paid for a property, primarily based on an analysis of comparable sales of
similar homes nearby.
Appraised Value
An opinion of a property's fair
market value, based on an appraiser's knowledge, experience, and analysis of the
property. Since an appraisal is based primarily on comparable sales, and the
most recent sale is the one on the property in question, the appraisal usually
comes out at the purchase price.
Appraiser
An individual qualified by
education, training, and experience to estimate the value of real property and
personal property. Although some appraisers work directly for mortgage lenders,
most are independent.
Appreciation
The increase in the value of a
property due to changes in market conditions, inflation, or other causes.
Assessed Value
The valuation placed on property
by a public tax assessor for purposes of taxation.
Assessment
The placing of a value on property
for the purpose of taxation.
Assessor
A public official who establishes
the value of a property for taxation purposes.
Asset
Items of value owned by an
individual. Assets that can be quickly converted into cash are considered
"liquid assets." These include bank accounts, stocks, bonds, mutual funds, and
so on. Other assets include real estate, personal property, and debts owed to an
individual by others.
Assignment
When ownership of your mortgage is
transferred from one company or individual to another, it is called an
assignment.
Assumable Mortgage
A mortgage that can be assumed by
the buyer when a home is sold. Usually, the borrower must "qualify" in order to
assume the loan.
Assumption
The term applied when a buyer assumes the seller’s
mortgage.
Balloon Mortgage
A mortgage loan that requires the
remaining principal balance be paid at a specific point in time. For example, a
loan may be amortized as if it would be paid over a thirty year period, but
requires that at the end of the tenth year the entire remaining balance must be
paid.
Balloon Payment
The final lump sum payment that is
due at the termination of a balloon mortgage.
Bankruptcy
By filing in federal bankruptcy
court, an individual or individuals can restructure or relieve themselves of
debts and liabilities. Bankruptcies are of various types, but the most common
for an individual seem to be a "Chapter 7 No Asset" bankruptcy which relieves
the borrower of most types of debts. A borrower cannot usually qualify for an
"A" paper loan for a period of two years after the bankruptcy has been
discharged and requires the re-establishment of an ability to repay debt.
Bill of
A written document that transfers
title to personal property. For example, when selling an automobile to acquire
funds which will be used as a source of down payment or for closing costs, the
lender will usually require the bill of sale (in addition to other items) to
help document this source of funds.
Biweekly Mortgage
A mortgage in which you make
payments every two weeks instead of once a month. The basic result is that
instead of making twelve monthly payments during the year, you make thirteen.
The extra payment reduces the principal, substantially reducing the time it
takes to pay off a thirty year mortgage. Note: there are independent companies that
encourage you to set up bi-weekly payment schedules with them on your thirty
year mortgage. They charge a set-up fee and a transfer fee for every payment.
Your funds are deposited into a trust account from which your monthly payment is
then made, and the excess funds then remain in the trust account until enough
has accrued to make the additional payment which will then be paid to reduce
your principle. You could save money by doing the same thing yourself, plus you
have to have faith that once you transfer money to them that they will actually
transfer your funds to your lender.
Bond Market
Usually refers to the daily buying
and selling of thirty year treasury bonds. Lenders follow this market intensely
because as the yields of bonds go up and down, fixed rate mortgages do
approximately the same thing. The same factors that affect the Treasury Bond
market also affect mortgage rates at the same time. That is why rates change
daily, and in a volatile market can and do change during the day as well.
Bridge Loan
Not used much anymore, bridge
loans are obtained by those who have not yet sold their previous property, but
must close on a purchase property. The bridge loan becomes the source of their
funds for the down payment. One reason for their fall from favor is that there
are more and more second mortgage lenders now that will lend at a high loan to
value. In addition, sellers often prefer to accept offers from buyers who have
already sold their property.
broker
Broker has several meanings in
different situations. Most Realtors are "agents" who work under a "broker." Some
agents are brokers as well, either working form themselves or under another
broker. In the mortgage industry, broker usually refers to a company or
individual that does not lend the money for the loans themselves, but broker
loans to larger lenders or investors. (See the Home Loan Library that discusses
the different types of lenders). As a normal definition, a broker is anyone who
acts as an agent, bringing two parties together for any type of transaction and
earns a fee for doing so.
Buydown
Usually refers to a fixed rate
mortgage where the interest rate is "bought down" for a temporary period,
usually one to three years. After that time and for the remainder of the term,
the borrower’s payment is calculated at the note rate. In order to buy down the
initial rate for the temporary payment, a lump sum is paid and held in an
account used to supplement the borrower’s monthly payment. These funds usually
come from the seller (or some other source) as a financial incentive to induce
someone to buy their property. A "lender funded buydown" is when the lender pays
the initial lump sum. They can accomplish this because the note rate on the loan
(after the buydown adjustments) will be higher than the current market rate. One
reason for doing this is because the borrower may get to "qualify" at the start
rate and can qualify for a higher loan amount. Another reason is that a borrower
may expect his earnings to go up substantially in the near future, but wants a
lower payment right now.
Call Option
Similar to the acceleration
clause.
Cap
Adjustable Rate Mortgages have
fluctuating interest rates, but those fluctuations are usually limited to a
certain amount. Those limitations may apply to how much the loan may adjust over
a six month period, an annual period, and over the life of the loan, and are
referred to as "caps." Some ARMs, although they may have a life cap, allow the
interest rate to fluctuate freely, but require a certain minimum payment which
can change once a year. There is a limit on how much that payment can change
each year, and that limit is also referred to as a cap.
Cash-out Refinance
When a borrower refinances his
mortgage at a higher amount than the current loan balance with the intention of
pulling out money for personal use, it is referred to as a "cash out refinance."
Certificate of Deposit
A time deposit held in a bank
which pays a certain amount of interest to the depositor.
Certificate of Deposit Index
One of the indexes used for
determining interest rate changes on some adjustable rate mortgages. It is an
average of what banks are paying on certificates of deposit.
Certificate of Eligibility
A document issued by the Veterans
Administration that certifies a veteran’s eligibility for a VA loan.
Certificate of Reasonable Value (CRV)
Once the appraisal has been
performed on a property being bought with a VA loan, the Veterans Administration
issues a CRV.
Chain of Title
An analysis of the transfers of
title to a piece of property over the years.
Clear Title
A title that is free of liens or
legal questions as to ownership of the property.
Closing
This has different meanings in
different states. In some states a real estate transaction is not consider
"closed" until the documents record at the local recorders office. In others,
the "closing" is a meeting where all of the documents are signed and money
changes hands.
Closing Costs
Closing costs are separated into
what are called "non-recurring closing costs" and "pre-paid items."
Non-recurring closing costs are any items which are paid just once as a result
of buying the property or obtaining a loan. "Pre-paids" are items which recur
over time, such as property taxes and homeowners insurance. A lender makes an
attempt to estimate the amount of non-recurring closing costs and prepaid items
on the Good Faith Estimate which they must issue to the borrower within three
days of receiving a home loan application.
Closing Statement
See Settlement Statement.
Cloud on Title
Any conditions revealed by a title
search that adversely affect the title to real estate. Usually clouds on title
cannot be removed except by deed, release, or court action.
Co-borrower
An additional individual who is
both obligated on the loan and is on title to the property.
Collateral
In a home loan, the property is
the collateral. The borrower risks losing the property if the loan is not repaid
according to the terms of the mortgage or deed of trust.
collection
When a borrower falls behind, the
lender contacts them in an effort to bring the loan current. The loan goes to
"collection." As part of the collection effort, the lender must mail and record
certain documents in case they are eventually required to foreclose on the
property.
Commission
Most salespeople earn commissions
for the work that they do and there are many sales professionals involved in
each transaction, including Realtors, loan officers, title representatives,
attorneys, escrow representative, and representatives for pest companies, home
warranty companies, home inspection companies, insurance agents, and more. The
commissions are paid out of the charges paid by the seller or buyer in the
purchase transaction. Realtors generally earn the largest commissions, followed
by lenders, then the others.
Common Area Assessments
In some areas they are called
Homeowners Association Fees. They are charges paid to the Homeowners Association
by the owners of the individual units in a condominium or planned unit
development (PUD) and are generally used to maintain the property and common
areas.
Common Areas
Those portions of a building,
land, and amenities owned (or managed) by a planned unit development (PUD) or
condominium project's homeowners' association (or a cooperative project's
cooperative corporation) that are used by all of the unit owners, who share in
the common expenses of their operation and maintenance. Common areas include
swimming pools, tennis courts, and other recreational facilities, as well as
common corridors of buildings, parking areas, means of ingress and egress, etc.
Common Law
An unwritten body of law based on
general custom in
Community Property
In some states, especially the
southwest, property acquired by a married couple during their marriage is
considered to be owned jointly, except under special circumstances. This is an
outgrowth of the Spanish and Mexican heritage of the area.
Comparable Sales
Recent sales of similar properties
in nearby areas and used to help determine the market value of a property. Also
referred to as "comps."
Condominium
A type of ownership in real
property where all of the owners own the property, common areas and buildings
together, with the exception of the interior of the unit to which they have
title. Often mistakenly referred to as a type of construction or development, it
actually refers to the type of ownership.
Condominium Conversion
Changing the ownership of an
existing building (usually a rental project) to the condominium form of
ownership.
Construction Loan
A short-term, interim loan for
financing the cost of construction. The lender makes payments to the builder at
periodic intervals as the work progresses.
Contingency
A condition that must be met
before a contract is legally binding. For example, home purchasers often include
a contingency that specifies that the contract is not binding until the
purchaser obtains a satisfactory home inspection report from a qualified home
inspector.
Contract
An oral or written agreement to do
or not to do a certain thing.
Conventional Mortgage
Refers to home loans other than
government loans (VA and FHA).
convertible ARM
An adjustable-rate mortgage that
allows the borrower to change the ARM to a fixed-rate mortgage within a specific
time.
cooperative (co-op)
A type of multiple ownership in
which the residents of a multiunit housing complex own shares in the cooperative
corporation that owns the property, giving each resident the right to occupy a
specific apartment or unit.
Cost of Funds Index (COFI)
One of the indexes that is used to
determine interest rate changes for certain adjustable-rate mortgages. It
represents the weighted-average cost of savings, borrowings, and advances of the
financial institutions such as banks and savings & loans, in the 11th
District of the Federal Home Loan Bank.
credit
An agreement in which a borrower
receives something of value in exchange for a promise to repay the lender at a
later date.
Credit History
A record of an individual's
repayment of debt. Credit histories are reviewed my mortgage lenders as one of
the underwriting criteria in determining credit risk.
Creditor
A person to whom money is owed.
Credit Report
A report of an individual's credit
history prepared by a credit bureau and used by a lender in determining a loan
applicant's creditworthiness.
Credit Repository
An organization that gathers,
records, updates, and stores financial and public records information about the
payment records of individuals who are being considered for credit.
Debt
An amount owed to another.
Deed
The legal document conveying title
to a property.
Deed-in-lieu
Short for "deed in lieu of
foreclosure," this conveys title to the lender when the borrower is in default
and wants to avoid foreclosure. The lender may or may not cease foreclosure
activities if a borrower asks to provide a deed-in-lieu. Regardless of whether
the lender accepts the deed-in-lieu, the avoidance and non-repayment of debt
will most likely show on a credit history. What a deed-in-lieu may prevent is
having the documents preparatory to a foreclosure being recorded and become a
matter of public record.
Deed of Trust
Some states, like
Default
Failure to make the mortgage
payment within a specified period of time. For first mortgages or first trust
deeds, if a payment has still not been made within 30 days of the due date, the
loan is considered to be in default.
Delinquency
Failure to make mortgage payments
when mortgage payments are due. For most mortgages, payments are due on the
first day of the month. Even though they may not charge a "late fee" for a
number of days, the payment is still considered to be late and the loan
delinquent. When a loan payment is more than 30 days late, most lenders report
the late payment to one or more credit bureaus.
Deposit
A sum of money given in advance of
a larger amount being expected in the future. Often called in real estate as an
"earnest money deposit."
Depreciation
A decline in the value of
property; the opposite of appreciation. Depreciation is also an accounting term
which shows the declining monetary value of an asset and is used as an expense
to reduce taxable income. Since this is not a true expense where money is
actually paid, lenders will add back depreciation expense for self-employed
borrowers and count it as income.
Discount Points
In the mortgage industry, this
term is usually used in only in reference to government loans, meaning FHA and
VA loans. Discount points refer to any "points" paid in addition to the one
percent loan origination fee. A "point" is one percent of the loan amount.
Down Payment
The part of the purchase price of
a property that the buyer pays in cash and does not finance with a mortgage.
Due-on-sale Provision
A provision in a mortgage that
allows the lender to demand repayment in full if the borrower sells the property
that serves as security for the mortgage.
Earnest Money Deposit
A deposit made by the potential
home buyer to show that he or she is serious about buying the house.
Easement
A right of way giving persons
other than the owner access to or over a property.
Effective Age
An appraiser’s estimate of the
physical condition of a building. The actual age of a building may be shorter or
longer than its effective age.
Eminent Domain
The right of a government to take
private property for public use upon payment of its fair market value. Eminent
domain is the basis for condemnation proceedings.
Encroachment
An improvement that intrudes
illegally on another’s property.
Encumbrance
Anything that affects or limits
the fee simple title to a property, such as mortgages, leases, easements, or
restrictions.
Equal Credit Opportunity Act (ECOA)
A federal law that requires
lenders and other creditors to make credit equally available without
discrimination based on race, color, religion, national origin, age, sex,
marital status, or receipt of income from public assistance programs.
Equity
A homeowner's financial interest
in a property. Equity is the difference between the fair market value of the
property and the amount still owed on its mortgage and other liens.
Escrow
An item of value, money, or
documents deposited with a third party to be delivered upon the fulfillment of a
condition. For example, the earnest money deposit is put into escrow until
delivered to the seller when the transaction is closed.
Escrow Account
Once you close your purchase
transaction, you may have an escrow account or impound account with your lender.
This means the amount you pay each month includes an amount above what would be
required if you were only paying your principal and interest. The extra money is
held in your impound account (escrow account) for the payment of items like
property taxes and homeowner’s insurance when they come due. The lender pays
them with your money instead of you paying them yourself.
Escrow Analysis
Once each year your lender will
perform an "escrow analysis" to make sure they are collecting the correct amount
of money for the anticipated expenditures.
Escrow Disbursements
The use of escrow funds to pay
real estate taxes, hazard insurance, mortgage insurance, and other property
expenses as they become due.
Estate
The ownership interest of an
individual in real property. The sum total of all the real property and personal
property owned by an individual at time of death.
Eviction
The lawful expulsion of an
occupant from real property.
Examination of Title
The report on the title of a
property from the public records or an abstract of the title.
Exclusive Listing
A written contract that gives a
licensed real estate agent the exclusive right to sell a property for a
specified time.
Executor
A person named in a will to
administer an estate. The court will appoint an administrator if no executor is
named. "Executrix" is the feminine form.
Fair Credit Reporting Act
A consumer protection law that
regulates the disclosure of consumer credit reports by consumer/credit reporting
agencies and establishes procedures for correcting mistakes on one's credit
record.
fair market value
The highest price that a buyer,
willing but not compelled to buy, would pay, and the lowest a seller, willing
but not compelled to sell, would accept.
Fannie Mae (FNMA)
The Federal National Mortgage
Association, which is a congressionally chartered, shareholder-owned company
that is the nation's largest supplier of home mortgage funds. For a discussion
of the roles of Fannie Mae, Freddie Mac (FHLMC), and Ginnie Mae (GNMA), see the
Library.
Federal Housing Administration (FHA)
An agency of the U.S. Department
of Housing and Urban Development (HUD). Its main activity is the insuring of
residential mortgage loans made by private lenders. The FHA sets standards for
construction and underwriting but does not lend money or plan or construct
housing.
Fee Simple
The greatest possible interest a
person can have in real estate.
Fee Simple Estate
An unconditional, unlimited estate
of inheritance that represents the greatest estate and most extensive interest
in land that can be enjoyed. It is of perpetual duration. When the real estate
is in a condominium project, the unit owner is the exclusive owner only of the
air space within his or her portion of the building (the unit) and is an owner
in common with respect to the land and other common portions of the property.
FHA Mortgage
A mortgage that is insured by the
Federal Housing Administration (FHA). Along with VA loans, an FHA loan will
often be referred to as a government loan.
Firm Commitment
A lender's agreement to make a
loan to a specific borrower on a specific property.
First Mortgage
The mortgage that is in first
place among any loans recorded against a property. Usually refers to the date in
which loans are recorded, but there are exceptions.
Fixed-rate Mortgage
A mortgage in which the interest
rate does not change during the entire term of the loan.
Fixture
Personal property that becomes
real property when attached in a permanent manner to real estate.
Flood Insurance
Insurance that compensates for
physical property damage resulting from flooding. It is required for properties
located in federally designated flood areas.
Foreclosure
The legal process by which a
borrower in default under a mortgage is deprived of his or her interest in the
mortgaged property. This usually involves a forced sale of the property at
public auction with the proceeds of the sale being applied to the mortgage debt.
401(k)/403(b)
An employer-sponsored investment
plan that allows individuals to set aside tax-deferred income for retirement or
emergency purposes. 401(k) plans are provided by employers that are private
corporations. 403(b) plans are provided by employers that are not for profit
organizations.
401(k)/403(b) loan
Some administrators of
401(k)/403(b) plans allow for loans against the monies you have accumulated in
these plans. Loans against 401K plans are an acceptable source of down payment
for most types of loans.
G-L
Government Loan (mortgage)
A mortgage that is insured by the
Federal Housing Administration (FHA) or guaranteed by the Department of Veterans
Affairs (VA) or the Rural Housing Service (RHS). Mortgages that are not
government loans are classified as conventional loans.
Government National Mortgage Association (Ginnie
Mae)
A government-owned corporation
within the U.S. Department of Housing and Urban Development (HUD). Created by
Congress on
Grantee
The person to whom an interest in
real property is conveyed.
Grantor
The person conveying an interest
in real property.
Hazard Insurance
Insurance coverage that in the event of physical damage to
a property from fire, wind, vandalism, or other hazards.
Home Equity Conversion Mortgage (HECM)
Usually referred to as a reverse
annuity mortgage, what makes this type of mortgage unique is that instead of
making payments to a lender, the lender makes payments to you. It enables older
home owners to convert the equity they have in their homes into cash, usually in
the form of monthly payments. Unlike traditional home equity loans, a borrower
does not qualify on the basis of income but on the value of his or her home. In
addition, the loan does not have to be repaid until the borrower no longer
occupies the property.
Home Equity Line of Credit
A mortgage loan, usually in second
position, that allows the borrower to obtain cash drawn against the equity of
his home, up to a predetermined amount.
Home Inspection
A thorough inspection by a
professional that evaluates the structural and mechanical condition of a
property. A satisfactory home inspection is often included as a contingency by
the purchaser.
Homeowners' Association
A nonprofit association that
manages the common areas of a planned unit development (PUD) or condominium
project. In a condominium project, it has no ownership interest in the common
elements. In a PUD project, it holds title to the common elements.
Homeowner's Insurance
An insurance policy that combines
personal liability insurance and hazard. insurance coverage for a dwelling and
its contents.
Homeowner's Warranty
A type of insurance often
purchased by homebuyers that will cover repairs to certain items, such as
heating or air conditioning, should they break down within the coverage period.
The buyer often requests the seller to pay for this coverage as a condition of
the sale, but either party can pay.
HUD Median Income
Median family income for a
particular county or metropolitan statistical area (MSA), as estimated by the
Department of Housing and Urban Development (HUD).
HUD-1 Settlement Statement
A document that provides an
itemized listing of the funds that were paid at closing. Items that appear on
the statement include real estate commissions, loan fees, points, and initial
escrow (impound) amounts. Each type of expense goes on a specific numbered line
on the sheet. The totals at the bottom of the HUD-1 statement define the
seller's net proceeds and the buyer's net payment at closing. It is called a
HUD1 because the form is printed by the Department of Housing and Urban
Development (HUD). The HUD1 statement is also known as the "closing statement"
or "settlement sheet."
Joint Tenancy
A form of ownership or taking
title to property which means each party owns the whole property and that
ownership is not separate. In the event of the death of one party, the survivor
owns the property in its entirety.
Judgment
A decision made by a court of law.
In judgments that require the repayment of a debt, the court may place a lien
against the debtor's real property as collateral for the judgment's creditor.
Judicial Foreclosure
A type of foreclosure proceeding
used in some states that is handled as a civil lawsuit and conducted entirely
under the auspices of a court. Other states use non-judicial foreclosure.
Jumbo Loan
A loan that exceeds Fannie Mae’s
and Freddie Mac’s loan limits, currently at $227,150. Also called a
nonconforming loan. Freddie Mac and Fannie Mae loans are referred to as
conforming loans.
Late Charge
The penalty a borrower must pay
when a payment is made a stated number of days. On a first trust deed or
mortgage, this is usually fifteen days.
Lease
A written agreement between the
property owner and a tenant that stipulates the payment and conditions under
which the tenant may possess the real estate for a specified period of time.
Leasehold Estate
A way of holding title to a
property wherein the mortgagor does not actually own the property but rather has
a recorded long-term lease on it.
Lease Option
An alternative financing option
that allows home buyers to lease a home with an option to buy. Each month's rent
payment may consist of not only the rent, but an additional amount which can be
applied toward the down payment on an already specified price.
Legal Description
A property description, recognized
by law, that is sufficient to locate and identify the property without oral
testimony.
Lender
A term which can refer to the
institution making the loan or to the individual representing the firm. For
example, loan officers are often referred to as "lenders."
Liabilities
A person's financial obligations.
Liabilities include long-term and short-term debt, as well as any other amounts
that are owed to others.
Liability Insurance
Insurance coverage that offers
protection against claims alleging that a property owner's negligence or
inappropriate action resulted in bodily injury or property damage to another
party. It is usually part of a homeowner’s insurance policy.
Lien
A legal claim against a property
that must be paid off when the property is sold. A mortgage or first trust deed
is considered a lien.
Life Cap
For an adjustable-rate mortgage
(ARM), a limit on the amount that the enterest rate can increase or decrease
over the life of the mortgage.
Line of Credit
An agreement by a commercial bank
or other financial institution to extend credit up to a certain amount for a
certain time to a specified borrower.
Liquid Asset
A cash asset or an asset that is
easily converted into cash.
Loan
A sum of borrowed money
(principal) that is generally repaid with interest.
Loan Officer
Also referred to by a variety of
other terms, such as lender, loan representative, loan "rep," account executive,
and others. The loan officer serves several functions and has various
responsibilities: they solicit loans, they are the representative of the lending
institution, and they represent the borrower to the lending institution.
Loan Origination
How a lender refers to the process
of obtaining new loans.
Loan Servicing
After you obtain a loan, the
company you make the payments to is "servicing" your loan. They process
payments, send statements, manage the escrow/impound account, provide collection
efforts on delinquent loans, ensure that insurance and property taxes are made
on the property, handle pay-offs and assumptions, and provide a variety of other
services.
Loan-to-value (LTV)
The percentage relationship
between the amount of the loan and the appraised value or sales price (whichever
is lower).
Lock-in
An agreement in which the lender
guarantees a specified interest rate for a certain amount of time at a certain
cost.
Lock-in Period
The time period during which the
lender has guaranteed an interest rate to a borrower.
M-R
Margin
The difference between the
interest rate and the index on an adjustable rate mortgage. The margin remains
stable over the life of the loan. It is the index which moves up and down.
Maturity
The date on which the principal
balance of a loan, bond, or other financial instrument becomes due and payable.
Merged Credit Report
A credit report which reports the
raw data pulled from two or more of the major credit repositories. Contrast with
a Residential Mortgage Credit Report (RMCR) or a standard factual credit report.
Modification
Occasionally, a lender will agree
to modify the terms of your mortgage without requiring you t refinance. If any
changes are made, it is called a modification.
Mortgage
A legal document that pledges a
property to the lender as security for payment of a debt. Instead of mortgages,
some states use First Trust Deeds.
Mortgage Banker
For a more complete discussion of
mortgage banker, see "Types of Lenders." A mortgage banker is generally assumed
to originate and fund their own loans, which are then sold on the secondary
market, usually to Fannie Mae, Freddie Mac, or Ginnie Mae. However, firms rather
loosely apply this term to themselves, whether they are true mortgage bankers or
simply mortgage brokers or correspondents.
Mortgage Broker
A mortgage company that originates
loans, then places those loans with a variety of other lending institutions with
whom they usually have pre-established relationships.
Mortgagee
The lender in a mortgage
agreement.
Mortgage Insurance (MI)
Insurance that covers the lender
against some of the losses incurred as a result of a default on a home loan.
Often mistakenly referred to as PMI, which is actually the name of one of the
larger mortgage insurers. Mortgage insurance is usually required in one form or
another on all loans that have a loan-to-value higher than eighty percent.
Mortgages above 80% LTV that call themselves "No MI" are usually a made at a
higher interest rate. Instead of the borrower paying the mortgage insurance
premiums directly, they pay a higher interest rate to the lender, which then
pays the mortgage insurance themselves. Also, FHA loans and certain first-time
homebuyer programs require mortgage insurance regardless of the loan-to-value.
Mortgage Insurance Premium (MIP)
The amount paid by a mortgagor for
mortgage insurance, either to a government agency such as the Federal Housing
Administration (FHA) or to a private mortgage insurance (MI) company.
Mortgage Life and Disability Insurance
A type of term life insurance
often bought by borrowers. The amount of coverage decreases as the principal
balance declines. Some policies also cover the borrower in the event of
disability. In the event that the borrower dies while the policy is in force,
the debt is automatically satisfied by insurance proceeds. In the case of
disability insurance, the insurance will make the mortgage payment for a
specified amount of time during the disability. Be careful to read the terms of
coverage, however, because often the coverage does not start immediately upon
the disability, but after a specified period, sometime forty-five days.
Mortgagor
The borrower in a mortgage
agreement.
Multidwelling Units
Properties that provide separate
housing units for more than one family, although they secure only a single
mortgage.
Negative Amortization
Some adjustable rate mortgages
allow the interest rate to fluctuate independently of a required minimum
payment. If a borrower makes the minimum payment it may not cover all of the
interest that would normally be due at the current interest rate. In essence,
the borrower is deferring the interest payment, which is why this is called
"deferred interest." The deferred interest is added to the balance of the loan
and the loan balance grows larger instead of smaller, which is called negative
amortization.
No cash-out Refinance
A refinance transaction which is
not intended to put cash in the hand of the borrower. Instead, the new balance
is caculated to cover the balance due on the current loan and any costs
associated with obtaining the new mortgage. Often referred to as a "rate and
term refinance."
No-cost Loan
Many lenders offer loans that you
can obtain at "no cost." You should inquire whether this means there are no
"lender" costs associated with the loan, or if it also covers the other costs
you would normally have in a purchase or refinance transactions, such as title
insurance, escrow fees, settlement fees, appraisal, recording fees, notary fees,
and others. These are fees and costs which may be associated with buying a home
or obtaining a loan, but not charged directly by the lender. Keep in mind that,
like a "no-point" loan, the interest rate will be higher than if you obtain a
loan that has costs associated with it.
Note
A legal document that obligates a
borrower to repay a mortgage loan at a stated interest rate during a specified
period of time.
Note Rate
The interest rate stated on a
mortgage note.
Notice of Default
A formal written notice to a
borrower that a default has occurred and that legal action may be taken.
Original Principal Balance
The total amount of principal owed
on a mortgage before any payments are made.
Origination Fee
On a government loan the loan
origination fee is one percent of the loan amount, but additional points may be
charged which are called "discount points." One point equals one percent of the
loan amount. On a conventional loan, the loan origination fee refers to the
total number of points a borrower pays.
Owner Financing
A property purchase transaction in which the property
seller provides all or part of the financing.
Partial Payment
A payment that is not sufficient to cover the scheduled
monthly payment on a mortgage loan. Normally, a lender will not accept a partial
payment, but in times of hardship you can make this request of the loan
servicing collection department.
Payment Change Date
The date when a new monthly
payment amount takes effect on an adjustable-rate mortgage (ARM) or a
graduated-payment mortgage (GPM). Generally, the payment change date occurs in
the month immediately after the interest rate adjustment date.
Periodic Payment Cap br> For an adjustable-rate mortgage where the interest
rate and the minimum payment amount fluctuate independently of one another, this
is a limit on the amount that payments can increase or decrease during any one
adjustment period.
Periodic Rate Cap
For an adjustable-rate mortgage, a
limit on the amount that the interest rate can increase or decrease during any
one adjustment period, regardless of how high or low the index might be.
Personal Property
Any property that is not real
property.
PITI
This stands for principal,
interest, taxes and insurance. If you have an "impounded" loan, then your
monthly payment to the lender includes all of these and probably includes
mortgage insurance as well. If you do not have an impounded account, then the
lender still calculates this amount and uses it as part of determining your
debt-to-income ratio.
PITI Reserves
A cash amount that a borrower must
have on hand after making a down payment and paying all closing costs for the
purchase of a home. The principal, interest, taxes, and insurance (PITI)
reserves must equal the amount that the borrower would have to pay for PITI for
a predefined number of months.
Planned Unit Development (PUD)
>A type of ownership where
individuals actually own the building or unit they live in, but common areas are
owned jointly with the other members of the development or association. Contrast
with condominium, where an individual actually owns the airspace of his unit,
but the buildings and common areas are owned jointly with the others in the
development or association.
Point
A point is 1 percent of the amount
of the mortgage.
Power of Attorney
A legal document that authorizes
another person to act on one’s behalf. A power of attorney can grant complete
authority or can be limited to certain acts and/or certain periods of
time.
Pre-approval
A loosely used term which is
generally taken to mean that a borrower has completed a loan application and
provided debt, income, and savings documentation which an underwriter has
reviewed and approved. A pre-approval is usually done at a certain loan amount
and making assumptions about what the interest rate will actually be at the time
the loan is actually made, as well as estimates for the amount that will be paid
for property taxes, insurance and others. A pre-approval applies only to the
borrower. Once a property is chosen, it must also meet the underwriting guidelines of the lender. Contrast with
pre-qualification.
Prepayment
Any amount paid to reduce the
principal balance of a loan before the due date. Payment in full on a mortgage
that may result from a sale of the property, the owner's decision to pay off the
loan in full, or a foreclosure. In each case, prepayment means payment occurs
before the loan has been fully amortized.
Prepayment Penalty
A fee that may be charged to a
borrower who pays off a loan before it is due.
Pre-qualification
This usually refers to the loan
officer’s written opinion of the ability of a borrower to qualify for a home
loan, after the loan officer has made inquiries about debt, income, and savings.
The information provided to the loan officer may have been presented verbally or
in the form of documentation, and the loan officer may or may not have reviewed
a credit report on the borrower.
Prime Rate
The interest rate that banks
charge to their preferred customers. Changes in the prime rate are widely
publicized in the news media and are used as the indexes in some adjustable rate
mortgages, especially home equity lines of credit. Changes in the prime rate do
not directly affect other types of mortgages, but the same factors that
influence the prime rate also affect the interest rates of mortgage loans.
Principal
The amount borrowed or remaining
unpaid. The part of the monthly payment that reduces the remaining balance of a
mortgage.
Principal Balance
The outstanding balance of
principal on a mortgage. The principal balance does not include interest or any
other charges. See remaining balance.
Principal,interest, taxes, and insurance (PITI)
The four components of a monthly
mortgage payment on impounded loans. Principal refers to the part of the monthly
payment that reduces the remaining balance of the mortgage. Interest is the fee
charged for borrowing money. Taxes and insurance refer to the amounts that are
paid into an escrow account each month for property taxes and mortgage and
hazard insurance.
Private mortgage insurance (MI)
Mortgage insurance that is
provided by a private mortgage insurance company to protect lenders against loss
if a borrower defaults. Most lenders generally require MI for a loan with a
loan-to-value (LTV) percentage in excess of 80 percent.
Promissory Note
A written promise to repay a
specified amount over a specified period of time.
Public Auction
A meeting in an announced public
location to sell property to repay a mortgage that is in default.
Planned Unit Development (PUD)
A project or subdivision that
includes common property that is owned and maintained by a homeowners'
association for the benefit and use of the individual PUD unit owners.
Purchase Agreement
A written contract signed by the
buyer and seller stating the terms and conditions under which a property will be
sold.
Purchase Money Transaction
The acquisition of property
through the payment of money or its equivalent.
Qualifying Ratios
Calculations that are used in
determining whether a borrower can qualify for a mortgage. There are two ratios.
The "top" or "front" ratio is a calculation of the borrower's monthly housing
costs (principle, taxes, insurance, mortgage insurance, homeowner's association
fees) as a percentage of monthly income. The "back" or "bottom" ratio includes
housing costs as will as all other monthly debt.
Quitclaim Deed
A deed that transfers without
warranty whatever interest or title a grantor may have at the time the
conveyance is made.
Rate Lock
A commitment issued by a lender to
a borrower or other mortgage originator guaranteeing a specified interest rate
for a specified period of time at a specific cost.
Real Estate Agent
A person licensed to negotiate and
transact the sale of real estate.
Real Estate Settlement Procedures Act
(RESPA)
A consumer protection law that
requires lenders to give borrowers advance notice of closing costs.
Realtor¬
A real estate agent, broker or an
associate who holds active membership in a local real estate board that is
affiliated with the National Association of Realtors.
Recorder
The public official who keeps
records of transactions that affect real property in the area. Sometimes known
as a "Registrar of Deeds" or "
Recording
The noting in the registrar’s
office of the details of a properly executed legal document, such as a deed, a
mortgage note, a satisfaction of mortgage, or an extension of mortgage, thereby
making it a part of the public record.
Refinance Transaction
The process of paying off one loan
with the proceeds from a new loan using the same property as security.
Remaining Balance
The amount of principal that has
not yet been repaid. See principal balance.
Remaining Term
The original amortization term
minus the number of payments that have been applied.
Rent Loss Insurance
Insurance that protects a landlord
against loss of rent or rental value due to fire or other casualty that renders
the leased premises unavailable for use and as a result of which the tenant is
excused from paying rent.
Repayment Plan
An arrangement made to repay
delinquent installments or advances.
Replacement Reserve Fund
A fund set aside for replacement
of common property in a condominium, PUD, or cooperative project -- particularly
that which has a short life expectancy, such as carpeting, furniture, etc.
Revolving Debt
credit arrangement, such as a
credit card, that allows a customer to borrow against a preapproved line of
credit when purchasing goods and services. The borrower is billed for the amount
that is actually borrowed plus any interest due.
Right of First Refusal
A provision in an agreement that
requires the owner of a property to give another party the first opportunity to
purchase or lease the property before he or she offers it for sale or lease to
others.
Right of Ingress or Egress
The right to enter or leave
designated premises.
Right of Survivorship
In joint tenancy, the right of
survivors to acquire the interest of a deceased joint tenant.
S-Z
Sale-Leaseback
A technique in which a seller
deeds property to a buyer for a consideration, and the buyer simultaneously
leases the property back to the seller.
Second Mortgage
A mortgage that has a lien
position subordinate to the first mortgage.
Secondary Market
The buying and selling of existing
mortgages, usually as part of a "pool" of mortgages.
Secured Loan
A loan that is backed by
collateral.
Security
The property that will be pledged
as collateral for a loan.
Seller Carry-back
An agreement in which the owner of
a property provides financing, often in combination with an assumable
mortgage.
Servicer
An organization that collects
principal and interest payments from borrowers and manages borrowers’ escrow
accounts. The servicer often services mortgages that have been purchased by an
investor in the secondary mortgage market.
Servicing
The collection of mortgage
payments from borrowers and related responsibilities of a loan servicer.
Settlement Statement
See HUD1 Settlement Statement
Subdivision
A housing development that is
created by dividing a tract of land into individual lots for sale or lease.
Subordinate Financing
Any mortgage or other lien that
has a priority that is lower than that of the first mortgage.
Survey
A drawing or map showing the
precise legal boundaries of a property, the location of improvements, easements,
rights of way, encroachments, and other physical features.
Sweat Equity
Contribution to the construction
or rehabilitation of a property in the form of labor or services rather than
cash.
Tenancy in Common
As opposed to joint tenancy, when
there are two or more individuals on title to a piece of property, this type of
ownership does not pass ownership to the others in the event of death.
Third-party Origination
A process by which a lender uses
another party to completely or partially originate, process, underwrite, close,
fund, or package the mortgages it plans to deliver to the secondary mortgage
market.
Title
A legal document evidencing a
person's right to or ownership of a property.
Title Company
A company that specializes in
examining and insuring titles to real estate.
Title Insurance
Insurance that protects the lender
(lender's policy) or the buyer (owner's policy) against loss arising from
disputes over ownership of a property.
Title Search
A check of the title records to
ensure that the seller is the legal owner of the property and that there are no
liens or other claims outstanding.
Transfer of Ownership
Any means by which the ownership
of a property changes hands. Lenders consider all of the following situations to
be a transfer of ownership: the purchase of a property "subject to" the
mortgage, the assumption of the mortgage debt by the property purchaser, and any
exchange of possession of the property under a land sales contract or any other
land trust device.
Treasury Index
An index that is used to determine
interest rate changes for certain adjustable-rate mortgage (ARM) plans. It is
based on the results of auctions that the U.S. Treasury holds for its Treasury
bills and securities or is derived from the U.S. Treasury's daily yield curve,
which is based on the closing market bid yields on actively traded Treasury
securities in the over-the-counter market.
Truth-in-Lending
A federal law that requires
lenders to fully disclose, in writing, the terms and conditions of a mortgage,
including the annual percentage rate (APR) and other charges.
Two-step Mortgage
An adjustable-rate mortgage (ARM)
that has one interest rate for the first five or seven years of its mortgage
term and a different interest rate for the remainder of the amortization
term.
Two- to Four-family Property
A property that consists of a
structure that provides living space (dwelling units) for two to four families,
although ownership of the structure is evidenced by a single deed.
Trustee
A fiduciary who holds or controls
property for the benefit of another.
VA Mortgage
A mortgage that is guaranteed by
the Department of Veterans Affairs (VA).
Vested
Having the right to use a portion
of a fund such as an individual retirement fund. For example, individuals who
are 100 percent vested can withdraw all of the funds that are set aside for them
in a retirement fund. However, taxes may be due on any funds that are actually
withdrawn.
Veterans Administration (VA)
An agency of the federal
government that guarantees residential mortgages made to eligible veterans of
the military services. The guarantee protects the lender against loss and thus
encourages lenders to make mortgages to veterans.
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Direct
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