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acceleration
clause 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 borrowers 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 sellers mortgage. |
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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
sale 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 borrowers 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 borrowers 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. |
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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 veterans
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 IAn
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 England and used to an extent in
some states. |
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. |
condominium
hotel A condominium
project that has rental or registration desks, short-term occupancy,
food and telephone services, and daily cleaning services and that is
operated as a commercial hotel even though the units are
individually owned. These are often found in resort areas like
Hawaii. |
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 IAn 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. |
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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
California, do not record mortgages. Instead, they record a deed of
trust which is essentially the same thing. |
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. |
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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 appraisers
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 anothers
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 homeowners 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. |
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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. |
Fannie Mae's
Community Home Buyer's Program An income-based community lending model, under which
mortgage insurers and Fannie Mae offer flexible underwriting
guidelines to increase a low- or moderate-income family's buying
power and to decrease the total amount of cash needed to purchase a
home. Borrowers who participate in this model are required to attend
pre-purchase home-buyer education sessions. |
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 lenders
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. |
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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
September 1, 1968, GNMA performs the same role as Fannie Mae and
Freddie Mac in providing funds to lenders for making home loans. The
difference is that Ginnie Mae provides funds for government loans
(FHA and VA) |
grantee The
person to whom an interest in real property is
conveyed. |
grantor The
person conveying an interest in real property. |
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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." |
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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. Alternative spelling is "judgment." |
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 Maes and Freddie Macs loan limits, currently
at $227,150. Also called a nonconforming loan. Freddie Mac and
Fannie Mae loans are referred to as conforming
loans. |
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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 homeowners 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. |
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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. |
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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. |
no-cost
loan Almost all lenders
offer loans at "no points." You will find the interest rate on a "no
points" loan is approximately a quarter percent higher than on a
loan where you pay one point. |
notice of
default A formal
written notice to a borrower that a default has occurred and that
legal action may be taken. |
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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. |
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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 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 ones 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.
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pre-qualification This usually refers to the loan officers 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 (PMI) 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. |
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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 borrowers monthly housing costs (principle,
taxes, insurance, mortgage insurance, homeowners association fees)
as a percentage of monthly income. The "back" or "bottom" ratio
includes housing costs as will as all other monthly debt.
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quitclaim
deed A deed that transfers
without warranty whatever interest or title a grantor may have at
the time the conveyance is made. |
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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. |
real
property Land and
appurtenances, including anything of a permanent nature such as
structures, trees, minerals, and the interest, benefits, and
inherent rights thereof. |
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 "County Clerk." |
recording The noting in the registrars 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 A 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. |
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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. |
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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. |
transfer
tax State or local tax
payable when title passes from one owner to
another. |
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.
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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. |
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VA
mortgage A mortgage that is
guaranteed by the Department of Veterans Affairs (VA).
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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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