Acceleration Clause
A provision in a mortgage that gives the lender the right to demand payment
of the entire principal balance if any monthly payments are missed.
Acceptance
An offer's consent to enter into a contract and be bound by the terms
of the offer.
Additional Principal Payment
A payment by a borrower of more than the scheduled principal amount due
in order to reduce the remaining balance on the loan.
Adjustable Rate Mortgage (ARM)
A mortgage that permits the lender to adjust its interest rate periodically
on the basis of changes in a specified index.
Adjustment Date
The date on which the interest rate changes for an adjustable-rate mortgage
(ARM).
Adjustment Period
The period that elapses between the adjustment dates for an adjustable-rate
mortgage (ARM).
Amortization
The gradual repayment of a mortgage loan by installments.
Amortization Schedule
A timetable for payment of a mortgage loan. An amortization schedule shows
the amount of each payment applied to interest and principal and shows
the remaining balance after each payment is made.
Amortize
To repay a mortgage with regular payments that cover both principal and
interest.
Annual Percentage Rate (APR)
The cost of a mortgage stated as a yearly rate; includes such items as
interest, mortgage insurance, and loan origination fees (points).
Application
A form used to apply for a mortgage loan and to record pertinent information
concerning a prospective mortgagor and the proposed security.
Appraisal
A written analysis of the estimated value of a property prepared by a
qualified appraiser. Contrast with home inspection.
Appraised Value
An opinion of a property's fair market value, based on an appraiser's
knowledge, experience, and analysis of the property.
Appraiser
A person qualified by education, training, and experience to estimate
the value of real property and personal property.
Appreciation
An increase in the value of a property due to changes in market conditions
or other causes. The opposite of depreciation.
Assessed Value
The valuation placed on property by a public tax assessor for purposes
of taxation.
Asset
Anything of monetary value that is owned by a person. Assets include real
property, personal property, and enforceable claims against others (including
bank accounts, stocks, mutual funds, and so on).
Assignment
The transfer of a mortgage from one person to another.
Assumable Mortgage
A mortgage that can be taken over ("assumed") by the buyer when
the home is sold.
Assumption
The transfer of the seller's existing mortgage to the buyer.
Assumption Clause
A provision in an assumable mortgage that allows a buyer to assume responsibility
for the mortgage from the seller. The loan does not need to be paid in
full by the original borrower upon sale or transfer of the property.
Assumption Fee
The fee paid to a lender (usually by the purchaser of real property) resulting
from the assumption of an existing mortgage.
Attorney-In-Fact Fee
One who holds a power of attorney from another to execute documents on
behalf of the grantor of the power.
Balance Sheet
A financial statement that shows assets, liabilities, and net worth as
of a specific date.
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Balloon Mortgage
A mortgage that has level monthly payments that will amortize over a stated
term but that provides for a lump sum payment to be due at the end of
an earlier specified term.
Bankrupt
A person, firm, or corporation that, through a court proceeding, is relieved
from the payment of all debts after surrender of all assets to a court-appointed
trustee.
Bankruptcy
A proceeding in the federal courts in which a debtor, who owes more that
his or her assets can repay, can relieve those debts by transferring his
or her assets to a trustee.
Basis Point
A basis point is 1/100th of a percentage point. For example, a fee calculated
as 50 basis points of a loan amount of $100,000 would be 0.50% or $500.00.
Beneficiary
The person designated to receive the income from a trust, estate, or a
deed of trust.
Binder
A preliminary agreement secured by the payment of an earnest money deposit,
under which a buyer offers to purchase real estate.
Bi-weekly payment mortgage
A mortgage that requires payments to reduce the debt every two weeks (as
opposed to the standard monthly payment schedule). The 26 biweekly payments
are each equal to one half of the monthly payment that would be required
if the loan were a standard 30-year fixed-rate mortgage. The result for
the borrower is a substantial savings in interest.
Blanket Insurance Policy
A single policy that covers more than one piece of property (or more than
one person).
Breach
A violation of any legal obligation.
Bridge Loan
A form of second trust that is collateralized by the borrower's present
home (which is usually for sale) in a manner that allows the proceeds
to be used for closing on a new house before the present home is sold.
Also known as "swing loan".
Broker
A person who, for a commission or a fee, brings parties together and assists
in negotiating contracts between them.
Buydown Account
An account in which funds are held so that they can be applied as part
of the monthly mortgage payment as each payment comes due during the period
that an interest rate buydown plan is in effect.
Buydown Mortgage
A temporary buydown is a mortgage on which an initial lump sum payment
is made by any party to reduce a borrower's monthly payments during the
first few years of a mortgage. A permanent buydown reduces the interest
rate over the entire life of a mortgage.
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Call Option
A provision in the mortgage that gives the mortgagee the right to call
the mortgage due and payable at the end of a specified period for whatever
reason.
Cap
A provision of an adjustable-rate mortgage (ARM) that limits how much
the interest rate or mortgage payments may increase or decrease.
Capital Improvement
Any structure or component erected as a permanent improvement to real
property that adds to its value and useful life.
Cash-Out-Refinance
A refinance transaction in which the amount of money received from the
new loan exceeds the total of the money needed to repay the existing mortgages,
closing cost, points, and the amount required to satisfy any outstanding
subordinate mortgage liens. In other words, a refinance transaction in
which the borrower receives additional cash that can be used for other
purposes.
Certificate of Deposit
A document written by a bank or other financial institution that is evidence
of a deposit, with the issuer's promise to return the deposit plus earnings
at a specified interest rate within a specified time period.
Certificate of Deposit Index
An index that is used to determine interest rate changes for certain ARM
plans. It represents the weekly average of secondary market interest rates
on six-month negotiable certificates of deposit.
Certificate of Eligibility
A document issued by the federal government certifying a veteran's eligibility
for a Department of Veterans Affairs (VA) mortgage.
Certificate of Reasonable Value
A document issued by the Department of Veterans Affair
(VA) that establishes the maximum value and loan amount for a VA mortgage.
Chain of Title
The history of all of the documents that transfer title to a parcel of
real property, starting with the earliest existing document and ending
with the most recent.
Change Frequency
The frequency (in months) of payment and/or interest rate changes in an
adjustable-rate mortgage (ARM).
Clear Title
A title that is free of liens or legal questions as to ownership of the
property.
Closing
A meeting at which the sale of a property is finalized when the buyer
signs the mortgage documents and pays the closing costs. Also called "settlement".
Closing Cost Item
A fee or amount that a homebuyer must pay at closing for a single service,
tax, or product. Closing costs are made up of individual closing cost
items such as origination fees and attorney's fees. Many closing cost
items are included as numbered items on the HUD-1 statement.
Closing Costs
Expenses (over and above the price of the property) incurred by buyers
and sellers in transferring ownership of a property. Closing costs normally
include an origination fee, an attorney's fee, taxes, an amount placed
in escrow, and charges for obtaining title insurance and a survey. The
closing cost percentage will vary according to the area of the country;
lenders or realtors often provide estimates of closing costs to prospective
homebuyers.
Closing Statement
The final statement of costs incurred to close on a loan or to purchase
a home. It is also referred to as a HUD-1 or HUD-1A.
Cloud on Title
Any conditions revealed by a title search that adversely affects the title
to real estate. Usually clouds on title cannot be removed except by a
quitclaim deed, release, or court action.
Collateral
An asset (such as a car or a home) that guarantees the repayment of a
loan. The borrower risks losing the asset if the loan is not repaid according
to the terms of the loan contract.
Collection
The efforts used to bring a delinquent mortgage current and to file the
necessary notices to proceed with foreclosure when necessary.
Combination Loan
A method of avoiding private mortgage insurance by obtaining a first mortgage
of 80% loan-to-value and a simultaneous second mortgage for the balance
of the financing.
Co-Maker
A person who signs a promissory note along with the borrower. A co-maker's
signature guarantees that the loan will be repaid, because the borrower
and the co-maker are equally responsible for the repayment.
Commission
The fee charged by a broker or agent for negotiating a real estate or
loan transaction. The commission fee is generally a percentage of the
price of the property or loan.
Commitment Letter
A formal offer by the lender stating the terms under which it agrees to
lend money to the homebuyer. Also known as a "loan commitment".
Common Area Assessments
Levies against individual unit owners in a condominium or planned unit
development (PUD) project for additional capital to defray homeowner's
association costs and expenses and to repair, replace, maintain, improve,
or operate the common areas of the project.
Common Areas
Those portions of a building, land, and amenities owned (or managed) by
a planned unit development (PUD) or condominium project's homeowner's
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 the United States.
Community Property
In some western and southwestern states, a form of ownership under which
property acquired during a marriage is presumed to be owned jointly unless
acquired as separate property of either spouse.
Comparable
An abbreviation for "comparable properties"; used for comparative
purposes in the appraisal process. Comparables are properties like the
property under consideration; they have reasonably the same size, location,
amenities, and have recently been sold. Comparables help the appraiser
to determine the approximate fair market value of the subject property.
Compound Interest
Interest paid on the original principal balance and on the accrued and
unpaid interest.
Condemnation
The determination that a building is not fit for use or is dangerous and
must be destroyed; the taking of private property for a public purpose
through an exercise of the right of eminent domain.
Condominium
A real estate project in which each unit owner has title to a unit in
a building, undivided interest in the common areas of the project, and
sometimes the exclusive use of certain limited common areas.
Condominium Conversion
Changing the ownership of an existing building (usually a rental project)
to the condominium form of ownership.
Conforming Loan
A loan that meets all the criteria of the Fannie Mae or Freddie Mac standard
conventional loan program.
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.
Consumer Reporting Agency (or Bureau)
An organization that prepares reports that are used by lenders to determine
a potential borrower's credit history. The agency obtains data for these
reports from a credit repository as well as from other sources.
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 to not do a certain thing.
Conventional Mortgage
A mortgage that is not insured or guaranteed by the federal government.
Convertibility Clause
A provision in some adjustable-rate mortgages (ARMs) that allows the borrower
to change the ARM to a fixed-rate mortgage at specified timeframes after
loan origination.
Convertible ARM
An adjustable-rate mortgage (ARM) that can be converted to a fixed-rate
mortgage under specified conditions.
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.
Corporate Relocation
Arrangements under which an employer moves an employee to another area
as part of the employer's normal course of business or under which it
transfers a substantial part or all of its operations and employees to
another area.
Cost Of Funds Index (COFI)
An index that is used to determine interest rate changes for certain adjustable-rate
mortgage (ARM) plans. It represents the weighted average cost of savings,
borrowings, and advances of the 11th District members of the Federal Home
Loan Bank of San Francisco.
Covenant
A clause in a mortgage that obligates or restricts the borrower and that,
if violated, can result in foreclosure.
Credit
An agreement in which a borrower receives something of value in exchange
or a promise to repay the lender at a later date.
Credit History
A record of an individual's open and fully repaid debts. A credit history
helps the lender to determine whether a potential borrower has a history
of repaying debts in a timely manner.
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 the 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
A deed given by a mortgagor to the mortgagee to satisfy a debt and avoid
foreclosure. Also called a "voluntary conveyance".
Deed Of Trust
The document used in some states instead of a mortgage; title is conveyed
to a trustee.
Default
Failure to make mortgage payments on a timely basis or to comply with
other requirements of a mortgage.
Delinquency
Failure to make mortgage payments when mortgage payments are due.
Deposit
A sum of money given to bind the sale of real estate, or a sum of money
given to ensure payment or an advance of funds in the processing of a
loan. Also known as "Earnest money".
Depreciation
A decline in the value of a property; the opposite of appreciation.
Discount Points
One-time charge by the lender for originating a loan. A point is 1 percent
of the amount of the mortgage.
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 a security for
the mortgage.
Due-On-Transfer Provision
This terminology is usually used for second mortgages.
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Earnest Money Deposit
A deposit made by the potential homebuyer to show that he or she is serious
about buying the house.
Effective Age
An appraiser's estimate of the age of the property based on the physical
condition of the property. The actual age may be shorter or longer than
its effective age.
Easement
A right of way giving persons other than the owner access to or through
a property.
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 onto another's property.
Encumbrance
Anything that affects or limits the fee simple title to a property, such
as mortgages, leases, easements, or restrictions.
Endorser
A person who signs their ownership interest over to another party. Contrast
with co-maker.
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.
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 deposit
by a borrower with the lender of funds to pay taxes and insurance premiums
when they become due, or the deposit of funds or documents with an attorney
or escrow agent to be disbursed upon the closing of a sale of real estate.
Escrow Account
The account in which a mortgage servicer holds the borrower's escrow payments
prior to paying property expenses.
Escrow Analysis
The periodic examination of an escrow account to determine if current
monthly deposits will provide sufficient funds to pay taxes, insurance,
and other bills when due.
Escrow Collections
Funds collected by the servicer and set-aside in an escrow account to
pay real estate taxes, hazard insurance, mortgage insurance, and other
property expenses as they become due.
Escrow Payment
The portion of a mortgagor's monthly payment that is held by the servicer
to pay for taxes, hazard insurance, mortgage insurance, lease payments,
and other items as they become due. Known as "impounds" or "reserves"
in some states.
Escrow Disbursement
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.
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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 mistakes on one's credit record.
Fannie Mae
A congressionally chartered, shareholder owned company that is the nation's
largest supplier of home mortgage funds.
Federal Housing Administration
An agency of the U.S. Department of Housing and Urban Development (HUD).
Its main activity is the insuring of residential mortgage loans 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.
FHA Mortgage
A mortgage that is insured by the Federal Housing Administration (FHA).
Finder's Fee
A fee or commission paid to a mortgage broker for finding a mortgage
loan for a prospective borrower.
First Adjustment
The date an adjustable rate mortgage can expect to have the first interest
rate change.
First Mortgage
A mortgage that is the primary lien against a property.
Fixed-rate Mortgage
A mortgage in which the interest rate does not change during the entire
term of the loan.
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 mortgaged debt.
Fully amortized loan
A mortgage with a monthly payment that is sufficient to amortize the
remaining balance, at the interest accrual rate, over the amortization
term.
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Good Faith Estimate
An estimate of charges that a borrower is likely to incur in connection
with a settlement.
Government 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). Contrast with conventional mortgage.
Grantee
The person to whom an interest in real property is conveyed.
Grantor
The person conveying an interest in real property.
Guaranteed Loan
Also known as a government mortgage.
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Hazard Insurance
Insurance coverage that compensates for physical damage to a property
from fire, wind, vandalism, or other hazards.
Home Equity Line Of Credit
A mortgage loan, which is usually in a subordinate position, that allows
the borrower to obtain multiple advances of the loan proceeds at his or
her own discretion, up to an amount that represents a specified percentage.
Home Inspection
A thorough inspection that evaluates the structural and mechanical condition
of a property. A satisfactory home inspection is often included as a contingency
by the purchaser. Contrast with appraisal.
Homeowner's Association
A nonprofit association that manages the common areas of a planned unit
development (PUD) or condominium project. In the case of a condominium
project, the homeowner's association has no ownership interest in the
common elements. In a PUD project, the homeowner's association 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.
Housing Expense Ratio
The percentage of gross monthly income that goes toward paying housing
expenses.
HUD-1 Statement
A document that provides an itemized listing of the funds that are payable
at closing. Items that appear on this statement include real estate commissions,
loan fee points, and initial escrow amounts. Each item on the statement
is represented by a separate number within a standardized numbering system.
The totals at the bottom of the HUD-1 statement define the seller's net
proceeds and buyer's net payment at closing. The blank form for the statement
is published by the Department of Housing and Urban Development (HUD).
The HUD-1 statement is also known as the "closing statement"
or "settlement sheet".
HUD-1A Statement
This form serves the same purpose as the HUD-1 settlement statement but
is used for refinance transactions
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Impound Account
An account established by the lender to pay a borrower's tax and insurance
costs. A monthly assessment of 1/12th for the total annual disbursements
is added to and collected with the monthly principal and interest payment.
Income Property
Real estate developed or improved to produce income.
Index
A number used to compute the interest rate for an adjustable-rate mortgage
(ARM). The index is generally a published number or percentage, such as
the average interest rate or yield on Treasury bills. A margin is added
to the index to determine the interest rate that will be charged on the
ARM. This interest rate is subject to any caps that are associated with
the mortgage.
In-File Credit Report
An objective account, normally computer generated, of credit and legal
information obtained from a credit repository.
Initial Interest Rate
The original interest rate of the mortgage at the time of closing. These
rate changes for an adjustable-rate mortgage (ARM). Sometimes known as
"start rate" or "teaser".
Installment
The regular periodic payment that a borrower agrees to make to a lender.
Installment Loan
Borrowed money that is repaid in equal payments, known as installments.
A furniture loan is often paid for as an installment loan.
Insurance
A contract that provides compensation for specific losses in exchange
for a periodic payment. An individual contract is known as an insurance
policy and the periodic payment is known as an insurance premium.
Insurance Holder
A document stating that insurance is temporarily in effect. Because the
coverage will expire by a specified date, a permanent policy must be obtained
before the expiration date.
Insured Mortgage
A mortgage that is protected by the federal Housing Administration (FHA)
or by private mortgage insurance (PMI). If the borrower defaults on the
loan, the insurer must pay the lender the lesser of the loss incurred
or the insured amount.
Interest
The fee charged for borrowing money.
Interest Accrual Rate
The percentage rate at which interest accrues on the mortgage. In most
cases, it is also the rate used to calculate the monthly payments, although
it is not used for an adjustable- rate mortgage (ARM) with payment change
limitations.
Interest Rate
The rate of interest in effect for monthly payment due.
Interest Rate Buydown Plan
An arrangement wherein the property seller (or any other party) deposits
money to an account so that it can be released each month to reduce the
mortgagor's monthly payments during the early years of a mortgage. During
the specified period, the mortgagor's effective interest rate is "bought
down" below the actual interest rate.
Interest Rate Ceiling
For an adjustable-rate mortgage (ARM), the maximum interest rate, as specified
in the mortgage note.
Interest Rate Floor
For an adjustable-rate mortgage (ARM), the minimum interest rate, as specified
in the mortgage note.
Investment Property
A property that is not occupied by the owner.
IRA (Individual Retirement Account)
A retirement account that allows individuals to make tax-deferred contributions
to a personal retirement fund. Individuals can place IRA funds in bank
accounts or in other forms of investment such as stocks, bonds or mutual
funds.
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Joint Tenancy
A form of co-ownership that gives each tenant equal rights in the property,
including the right of survivorship.
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.
Judgment Lien
A lien on the property of a debtor resulting from the decree of a court.
Jumbo Loan
A loan that exceeds Fannie Mae's legislated mortgage amount limits. Also
called a nonconforming loan.
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Late Charge
The penalty a borrower must pay when a payment is made a stated number
of days (usually 15) after the due date.
Lease
A written agreement between the property owner and a tenant that stipulates
the conditions under which the tenant may possess the real estate for
a specified period of time and rent.
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 Purchase Mortgage Loan
An alternative financing option that allows for low-and moderate- income
homebuyers to lease a home from a non-profit organization with an option
to buy. Each months rent payment consists of principal, interest, taxes,
and insurance (PITI) payments on the first mortgage plus an extra amount
that is earmarked for deposit to a savings account in which money for
a down payment will accumulate.
Legal Description
A property description recognized by law that is sufficient to locate
and identify the property without oral testimony.
Lender
The bank, mortgage company, or mortgage broker offering the loan.
Liabilities
A person's financial obligations. Liabilities include long-term and sort-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.
LIBOR
LIBOR stands for the London Inter-Bank Offered Rate. This is a favorable
interest rate offered for U.S. dollar deposits between a group of London
Banks. The LIBOR is an international index that follows world economic
conditions and is an index commonly used in adjustable rate mortgages
Lien
A legal claim against a property that must be paid off when property is
sold.
Lifetime Payment Cap
For an adjustable-rate mortgage (ARM), a limit on the amount that payments
can increase or decrease over the life of the mortgage. See cap.
Lifetime Rate 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 loan. See
cap.
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.
See home equity line of credit. An asset that is easily converted into
cash.
Loan
A sum of borrowed money (principal) that is generally repaid with interest.
Loan Commitment
A formal offer by the lender stating the terms under which it agrees to
lend money to the homebuyer.
Loan Origination
The process by which a mortgage lender brings into existence a mortgage
secured by real property.
Loan-To-Value (LTV) Percentage
The relationship between the principal balance of the mortgage and the
appraised value (or sales price if it is lower) of the property. For example,
a $100,000 home with an $80,000 mortgage has a LTV percentage of 80 percent.
Lock-In Agreement
A written agreement in which the lender guarantees a specified interest
rate if a mortgage goes to closing within a set period of time. The lock-in
also usually specifies the number of points to be paid at closing.
Lock-In Period
The time period during which the lender has guaranteed an interest rate
to a borrower.
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Margin
For an adjustable-rate mortgage (ARM), the amount that is added to the
index to establish the interest rate on each adjustment date, subject
to any limitations on the interest rate change.
Maturity
The date on which the principal balance of a loan, bond, or other financial
instrument becomes due and payable.
Maximum Financing
A mortgage amount that is within 5 percent of the highest loan-to-value
(LTV) percentage allowed for a specific product. Thus, maximum financing
on a fixed rate mortgage would be 90 percent or higher, because 95 percent
is the maximum allowable LTV percentage for that product.
Merged Credit Report
A credit report that contains information from three credit repositories.
When the report is created, the information is compared for duplicate
entries.
Modification
The act of changing any of the terms of the mortgage.
Money Market Account
A savings account that provides bank depositors with many of the advantages
of a money market fund. Certain regulatory restrictions apply to the withdrawal
of funds from a money market account.
Money Market Fund
A mutual fund that allows individuals to participate in managed investments
in short-term debt securities, such as certificates of deposit and Treasury
bills.
Monthly Fixed Installment
That portion of the total monthly payment that is applied toward principal
and interest. When a mortgage negatively amortizes, the monthly fixed
installment does not include any amount for principal reduction.
Monthly Payment Mortgage
A mortgage that requires payments to reduce the debt once a month.
Mortgage
A legal document that pledges a property to the lender as security for
payment of a debt.
Mortgage Banker
A company that originates mortgages exclusively for resale in the secondary
mortgage market.
Mortgage Broker
An individual or company that brings borrowers and lenders together for
the purpose of loan origination. Mortgage brokers typically require a
fee or a commission for their services.
Mortgagee
The lender in a mortgage agreement.
Mortgage Insurance
A contract that insures the lender against loss caused by a mortgagor's
default on a government mortgage or conventional mortgage. Mortgage insurance
can be issued by a private company or by a government agency such as the
Federal Housing Administration (FHA). Depending on the type of mortgage
insurance, the insurance may cover a percentage of or virtually the entire
mortgage loan.
Mortgage Insurance Premium (MIP)
The amount paid by a mortgagor for mortgage insurance, either to a government
agency such as Federal Housing Administration (FHA) or to a private mortgage
insurance (PMI) company.
Mortgage Life Insurance
A type of term life insurance often bought by mortgagors. The amount of
coverage decreases as the principal balance declines. In the event that
the borrower dies while the policy is in force, the debt is automatically
satisfied by insurance proceeds.
Mortgagor
The borrower in a mortgage agreement.
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Negative Amortization
A gradual increase in mortgage debt that occurs when the monthly payment
is not large enough to cover the entire principal and interest due. The
amount of the shortfall is added to the remaining balance to create "negative"
amortization.
Net Cash Flow
The income that remains for an investment property after the monthly operating
income is reduced by the monthly housing expense, which includes principal,
interest, taxes, and insurance (PITI) for the mortgage, homeowners' association
dues, leasehold payments, and subordinate financing payments.
Net Worth
The value of all of a person's assets, including cash, minus all liabilities.
No Cash-Out Refinance
A refinance transaction where the new mortgage amount is limited to the
sum of the remaining balance of the existing first mortgage, closing costs
(including pre-paid items), points, the amount required to satisfy any
mortgage liens that are more than one year old (if the borrower chooses
to satisfy them), and others funds for the borrower's use (as long as
the amount does not exceed 1 percent of the principal amount of the new
mortgage).
Non-Liquid Asset
An asset that cannot be easily converted into cash.
Non-conforming Loan
Conventional home mortgages not eligible for sale and delivery to either
Fannie Mae (FNMA) or Freddie Mac (FHLMC) because of various reasons, including
loan amount, loan characteristics, or underwriting guidelines.
Note
A legal document that obligates a borrower to repay a mortgage loan at
a stated interest rate during a specified period of time.
Note Rate
The interest rate stated on a mortgage note.
Notice of Default
A formal written notice to a borrower that their loan is in default and
that legal action may be taken.
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Original Principal Balance
The total amount of principal owned on a mortgage before any payments
are made.
Origination Fee
A fee paid to originator of the loan. The origination fee is stated in
the form of points. One point is 1 percent of the mortgage amount.
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.
Payment Change Date
The date when a new monthly payment amount takes effect on an adjustable-rate
(ARM), or a graduated-payment adjustable period.
Periodic Payment Cap
For an adjustable-rate mortgage (ARM), a limit on the amount that the
interest can increase or decrease during any one adjustment period.
Periodic Rate Cap
For an adjustable-rate mortgage (ARM), 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. See cap.
Personal Property
Any property that is not real property.
PITI
The four components of a monthly mortgage payment. 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 too the amounts that are paid into an escrow account each
month for property taxes, mortgage insurance, and hazard insurance.
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
A project or subdivision that includes common property that is owned and
maintained by a homeowner's association for the benefit and use of the
individual PUD unit owners.
Point
One-time charge by the lender for originating a loan. A point is 1 percent
of the amount of the mortgage.
Power of Attorney
A legal document that authorizes one person to act on another's behalf.
A power of attorney can grant complete authority or can be limited to
certain acts/or certain periods of time.
Prepaids
Those expenses of property which are paid in advance of their due date
and will usually be pro-rated upon sale, such as taxes, insurance, rent,
etc.
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
The process of determining how much a prospective homebuyer will be eligible
to borrower before he or she applies for a loan.
Prime Rate
The interest rate that banks charge to their preferred customers. Changes
in the prime rate influence changes in other rates, including mortgage
interest rates.
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.
Principal, Interest, Taxes, and Insurance (PITI)
The four components of a monthly mortgage payment. 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 too the amounts that are paid into an escrow account each
month for property taxes, mortgage insurance, 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 PMI for a loan with 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.
Planned Unit Development (PUD)
A project or subdivision that includes common property that is owned and
maintained by a homeowner's association for the benefit and use of the
individual PUD unit owners.
Purchase Money Transaction
The acquisition of property through the payment of money or it's equivalent.
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Qualifying Ratios
Calculations that are used in determining whether a borrower can qualify
for a mortgage. They consist of two separate calculations: housing expense
as a percentage of income ratio and total debt obligations as a percentage
of income ratio.
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 the lender to a borrower or other mortgage originator
guaranteeing a specified interest rate for a specified period of time.
Real Estate Agent
A person licensed to negotiate and transact the sale of estate on behalf
of the property owner.
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 trees, minerals, and the interest, benefits, and inherent rights thereof.
Realtor
A real estate broker or an associate who holds active membership in a
local real estate board that is affiliated with the National Association
of Realtors.
Recession
The cancellation or annulment of a transaction or contract by the operation
of a law or by mutual consent. Borrowers usually have the option to cancel
a refinance transaction within three business days after it has closed.
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.
Rehabilitation Mortgage
A mortgage created to cover the costs of repairing, improving, and sometimes
acquiring an existing property.
Remaining Balance
The amount of principal that has not yet been repaid.
Rent with Option to Buy
An alternative financing option that allows for low-and moderate- income
homebuyers to lease a home from a non-profit organization with an option
to buy. Each months rent payment consists of principal, interest, taxes,
and insurance (PITI) payments on the first mortgage plus an extra amount
that is earmarked for deposit to a savings account in which money for
a down payment will accumulate.
Repayment Plan
An arrangement made to repay delinquent installments or advances. Lenders'
formal repayment plans are called "relief provisions".
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 a 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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Second Mortgage
A mortgage that has a lien position subordinate to the first mortgage.
Secondary Mortgage Market
The buying and selling of existing mortgage.
Secured Loan
A loan that is backed by collateral.
Security
The property that will be pledged as collateral for a loan.
Seller Take-Back
An agreement in which the owner of the 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 the loan servicer.
Settlement
A meeting at which the sale of a property is finalized when the buyer
signs the mortgage documents and pays the closing costs. Also called "settlement".
Settlement Sheet
See HUD-1 statement.
Standard Payment Calculation
The method used to determine the monthly payment required to repay the
remaining balance of a mortgage in substantially equal installments over
the remaining term of the mortgage at the current interest rate.
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 using
labor or services rather than cash.
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Tenancy by the Entirety
A type of joint tenancy in a property that provides right of survivorship
and is available only to the husband and wife. Contrast with tenancy in
common.
Tenancy in Common
A type of joint tenancy in a property without right of survivorship. Contrast
with tenancy by the entirety and with joint tenancy.
Third-Party Organization
A process by which another 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.
Total Expense Ratio
Total obligations as a percentage of gross monthly income. The total expense
ratio includes monthly housing expenses plus other monthly debts.
Trade Equity
Equity that results from a property purchaser giving his or her existing
property (or an asset other than real estate) as trade for all or part
of the down payment for the property that is being purchased.
Transfer of Ownership
Any means by which the ownership or 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.
In cases in which an intervivos revocable trust is the borrower, lenders
also consider any transfer of a beneficial interest in the trust to be
a transfer of ownership.
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 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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Underwriting
The process of evaluating a loan application to determine the risk involved
for the lender. Underwriting involves an analysis of the borrower's creditworthiness
and the quality of the property itself.
Unsecured Loan
A loan that is not backed by collateral.
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VA Mortgage
A mortgage that is guaranteed by the Department of Veterans Affairs (VA),
also known as a government mortgage.
Vested
Having the right to use a portion of a fund 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 (Department of Veterans Affairs) (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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What-if-scenario
A change in the amounts that is used as the basis of an affordability
analysis. What-if scenarios can include changes to monthly income, debts,
or down payment funds or to the qualifying ratios or down payment expenses
that are used in the analysis. You can use a what-if scenario to explore
different ways to improve your ability to afford a house.
Wraparound Mortgage
A mortgage that includes the remaining balance on an existing first mortgage
plus an additional amount requested by the mortgagor. Full payments on
both are made to the wraparound mortgagee, who then forwards the payments
on the first mortgage to the first mortgagee.
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