Glossary
-
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
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 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 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." (top)
certificate
of deposit
A time deposit held in a bank which pays a certain amount of interest to the
depositor. (top)
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. (top)
Certificate
of Eligibility
A document issued by the Veterans Administration that certifies
a veteran’s
eligibility for a VA loan.(top)
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.(top)
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. (top)
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. (top)
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 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.
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.
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. top)
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.
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.
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 interest 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.
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 calculated
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.
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
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.
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 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
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.
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.
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.
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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