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adjustable-Rate
mortgage (ARM):
A mortgage that changes interest rate periodically based upon the
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 repayment of a mortgage loan by installments with regular payments
to cover the principal and interest.
AMORTIZATION
TERM:
The amount of time required to amortize the mortgage loan. The
amortization term is expressed as a number of months. For example, for a
30-year fixed-rate mortgage, the amortization term is 360 months.
annual
percentage rate (APR):
The cost of a mortgage stated as a yearly rate; includes such
items as interest, mortgage insurance, and loan origination fee
(points).
application:
A form, commonly referred to as a 1003 form, used to apply for a
mortgage and to provide information regarding a prospective mortgagor
and the proposed security.
appraisal:
A written analysis of the estimated value of a property prepared
by a qualified appraiser.
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.
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 a 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.
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balance
sheet:
A financial statement that shows assets, liabilities, and net
worth as of a specific date.
balloon
mortgage:
A mortgage that has level monthly payments that will amortize it
over a stated term but that provides for a lump sum payment to be due at
the end of an earlier specified term.
balloon
payment:
The final lump sum payment that is made at the maturity date of a
balloon mortgage.
bankrupt:
A person, firm, or corporation that, through a court proceeding,
is relieved from the payment of all debts after the surrender of all
assets to a court-appointed trustee.
bankruptcy:
A proceeding in a federal court in which a debtor who owes more
than his or her assets can relieve the debts by transferring his or her
assets to a trustee.
before-Tax
income:
Income before taxes are deducted.
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.
Biweekly
Payment Mortgage:
A mortgage that requires payments to reduce the debt every two weeks
(instead of the standard monthly payment schedule). The 26 (or possibly
27) 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, and they are usually drafted from the borrower's bank account.
The result for the borrower is a substantial savings in interest.
Blanket
Mortgage:
The mortgage that is secured by a cooperative project, as opposed
to the share loans on individual units within the project.
Bond:
An interest-bearing certificate of debt with a maturity date. An
obligation of a government or business corporation. A real estate bond
is a written obligation usually secured by a mortgage or a deed of
trust.
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
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 first mortgage, closing costs, 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 any purpose.
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 (CRV):
A document issued by the Department of Veterans Affairs (VA) that
establishes the maximum value and loan amount for a VA mortgage.
certificate
of title:
A statement provided by an abstract company, title company, or
attorney stating that the title to real estate is legally held by the
current owner.
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 a sale of a property is finalized by the buyer
signing the mortgage documents and paying closing costs. Also called
"settlement."
closing
cost item:
A fee or amount that a home buyer 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. Closing costs percentage will vary according to the area of the
country.
closing
statement:
Also referred to as the HUD1. The final statement of costs
incurred to close on a loan or to purchase a home.
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 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.
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.
See endorser.
commission:
The fee charged by a broker or agent for negotiating a real
estate or loan transaction. A commission is generally a percentage of
the price of the property or loan.
commitment
letter:
A formal offer by a lender stating the terms under which it
agrees to lend money to a home buyer. Also known as a "loan
commitment."
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.
Community
Home Improvement Mortgage Loan:
An alternative financing option that allows low- and
moderate-income home buyers to obtain 95 percent financing for the
purchase and improvement of a home in need of modest repairs. The repair
work can account for as much as 30 percent of the appraised value.
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.
comparables:
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 , and amenities and have recently been sold.
Comparables help the appraiser determine the approximate fair market
value of the subject property.
condominium:
A real estate project in which each unit owner has title to a
unit in a building, an 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.
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 not to 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 because it is relocating its headquarters or expanding
its office capacity.
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 for 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 a lender to determine whether a potential borrower has a
history of repaying debts in a timely manner.
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. See merged credit report.
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.
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.
depreciation:
A decline in the value of property; the opposite of appreciation.
down
payment:
The part of the purchase price of a property that the buyer pays
in cash and does not finance with a mortgage.
due-on-sale
provision:
A provision in a mortgage that allows the lender to demand
repayment in full if the borrower sells the property that serves as
security for the mortgage.
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earnest
money deposit:
A deposit made by the potential home
buyer to show that he or she is serious about buying the house.
easement:
A right of way giving persons other than the owner access to or
over a property.
effective
age:
An 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.
effective
gross income:
Normal annual income including overtime that is regular or
guaranteed. The income may be from more than one source. Salary is
generally the principal source, but other income may qualify if it is
significant and stable.
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 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 escrow accounts 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 the borrower's property taxes, mortgage insurance, and
hazard insurance.
escrow
disbursements:
The use of escrow funds 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.
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
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:
A congressionally chartered, shareholder-owned company that is
the nation's largest supplier of home mortgage funds.
Fannie
Mae's Community Home Buyer's Program:
An income-based community lending model, under which mortgage
insurers and Fannie Mae offer flexible underwriting guidelines to
increase a low- or moderate-income family's buying power and to decrease
the total amount of cash needed to purchase a home. Borrowers who
participate in this model are required to attend pre-purchase home-buyer
education sessions.
Federal
Housing Administration (FHA):
An agency of the U.S. Department of Housing and Urban Development (HUD).
Its main activity is the insuring of residential mortgage loans made by
private lenders. The FHA sets standards for construction and
underwriting but does not lend money or plan or construct housing.
fee
simple:
The greatest possible interest a person can have in real estate.
FHA
mortgage:
A mortgage that is insured by the Federal Housing Administration
(FHA). Also known as a government mortgage.
finder's
fee:
A fee or commission paid to a mortgage broker for finding a
mortgage loan for a prospective borrower.
first
mortgage:
A mortgage that is the primary lien against a property.
fixed-rate
mortgage (FRM):
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 mrotgage debt.
fully
amortized ARM:
An adjustable-rate mortgage (ARM) 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 which a
borrower is likely to incur in connection with a settlement.
hazard
insurance:
Insurance protecting against loss to real estate caused by fire,
some natural causes, vandalism, etc., depending upon the terms of the
policy.
housing
ratio:
The ratio of the monthly housing payment in total (PITI -
Principal, Interest, Taxes, and Insurance) divided by the gross monthly
income. This ratio is sometimes referred to as the top ratio or front
end ratio.
HUD:
The U.S. Department of Housing and Urban Development.
index:
A published interest rate to which the interest rate on an
Adjustable Rate Mortgage (ARM) is tied. Some commonly used indeces
include the 1 Year Treasury Bill, 6 Month LIBOR, and the 11th District
Cost of Funds (COFI).
lien:
An encumbrance against property for
money due, either voluntary or involuntary.
lifetime
cap:
A provision of an ARM that limits the highest rate that can occur
over the life of the loan.
loan
to value ratio (LTV):
The ratio of the amount of your loan to the appraised value of
the home. The LTV will affect programs available to the borrower and
generally, the lower the LTV the more favorable the terms of the
programs offered by lenders.
lock-in:
A written agreement guaranteeing the home buyer a specified
interest rate provided the loan is closed within a set period of time.
The lock-in also usually specifies the number of points to be paid at
closing.
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margin:
The number of percentage points a lender adds to the index value
to calculate the ARM interest rate at each adjustment period. A
representative margin would be 2.75%.
mortgage:
A legal document that pledges a property to the lender as
security for payment of a debt
mortgage
disability insurance:
A disability insurance policy which will pay the monthly mortgage
payment in the event of a covered disability of an insured borrower for
a specified period of time.
mortgage
insurance (MI):
Insurance written by an independent mortgage insurance company
protecting the mortgage lender against loss incurred by a mortgage
default. Usually required for loans with an LTV of 80.01% or higher.
mortgagee:
The person or company who receives the mortgage as a pledge for
repayment of the loan. The mortgage lender.
mortgagor:
The mortgage borrower who gives the mortgage as a pledge to
repay.
non-conforming
loan:
Also called a jumbo 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.
Non-conforming loans usually incur a rate and origination fee
premium.The current non-conforming loan limit is ,601 and above.
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note:
A written agreement containing a promise of the signer to pay to
a named person, or order, or bearer, a definite sum of money at a
specified date or on demand.
Origination
Fee:
A fee imposed by a lender to cover certain processing expenses in
connection with making a real estate loan. Usually a percentage of the
amount loaned, such as one percent.
Owner
Financing:
A property purchase transaction in which the property seller
provides all or part of the financing.
Planned
Unit Developments (PUD):
A subdivision of five or more
individually owned lots with one or more other parcels owned in common
or with reciprocal rights in one or more other parcels.
PITI:
Principal, interest, taxes and insurance--the components of a monthly
mortgage payment.
Points:
Charges levied by the mortgage lender and usually payable at
closing. One point represents 1% of the face value of the mortgage loan.
Prepaids:
Those expenses of property which are paid in advance of their due
date and will usually be prorated upon sale, such as taxes, insurance,
rent, etc.
Prepayment
Penalty:
A charge imposed by a mortgage lender on a borrower who wants to
pay off part or all of a mortgage loan in advance of schedule.
Principal:
Amount of debt, not including interest. The face value of a note
or mortgage.
Private
Mortgage Insurance (PMI):
Insurance provided by nongovernment insurers that protects
lenders against loss if a borrower defaults. Fannie Mae generally
requires private mortgage insurance for loans with loan-to-value (LTV)
percentages greater than 80%.
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Qualifying
Ratios:
The ratio of your fixed monthly
expenses to your gross monthly income, used to determine how much you
can afford to borrow. The fixed monthly expenses would include PITI
along with other obligations such as student loans, car loans, or credit
card payments.
Rate
Cap:
A limit on how much the interest rate can change, either at each
adjustment period or over the life of the loan.
Rate
Lock-In:
A written agreement in which the lender guarantees the borrower a
specified interest rate, provided the loan closes within a set period of
time.
Rebate:
Compensation received from a wholesale lender which can be used
to cover closing costs or as a refund to the borrower. Loans with
rebates often carry higher interest rates than loans with
"points" (see above).
Refinancing:
The process of paying off one loan with the proceeds from a new
loan using the same property as security.
Residential
Mortgage Credit Report:
A report requested by your lender that utilizes information from
at least two of the three national credit bureaus and information
provided on your loan application.
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Seller
Carry Back:
An agreement in which the owner of a
property provides financing, often in combination with an assumed
mortgage.
Survey:
A print showing the measurements of the boundaries of a parcel of
land, together with the location of all improvements on the land and
sometimes its area and topography.
tenants-In-Common:
An undivided interest in property taken by two or more persons.
The interest need not be equal. Upon death of one or more persons, there
is no right of survivorship.
title:
The evidence one has of right to possession of land.
title
insurance:
Insurance against loss resulting from defects of title to a
specifically described parcel of real property.
title
search:
An investigation into the history of ownership of a property to
check for liens, unpaid claims, restrictions or problems, to prove that
the seller can transfer free and clear ownership.
total
debt ratio:
Monthly debt and housing payments divided by gross monthly
income. Also known as Obligations-to-Income Ratio or Back-End Ratio.
Truth-in-Lending
Act:
A federal law requiring a disclosure of credit terms using a
standard format. This is intended to facilitate comparisons between the
lending terms of different financial institutions.
Veterans
Administration (VA):
A government agency guaranteeing mortgage loans with no down
payment to qualified veterans.
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