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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 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.
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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 over a stated term but that provides
for a lump sum payment to be due at the end of an earlier specified
term.
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.
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.
Blanket Insurance
Policy
A single policy that covers
more than one piece of property (or more than one person).
BridgeLoan
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. See mortgage
broker.
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. See lifetime payment cap,
lifetime rate cap, periodic payment cap,
and periodic rate
cap.
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. See adjustable-rate
mortgage (ARM).
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 Affairs (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
See HUD-1 statement.
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.
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. 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.
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. Contrast with government
mortgage.
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.
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. See adjustable-rate
mortgage (ARM).
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. 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.
See installment loan
and revolving liability.
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. See earnest money deposit.
Depreciation
A decline in the value of a
property; the opposite of appreciation.
Discount Points
See point.
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. See due-on-sale
provision.
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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.
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.
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.
Examinaiton Of
Title
The report on the title of a
property from the public records or an abstract of the title.
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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".
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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.
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.
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
See commitment
letter.
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
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. See lock-in.
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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.
See Private
Mortgage Insurance (PMI).
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.
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. See cap.
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. See cap.
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
See principal,
interest, taxes, and insurance (PITI).
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
See PUD.
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.
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. See remaining
balance.
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.
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. See lock-in.
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. See principal
balance.
Rent with Option to
Buy
See lease-purchase
mortgage loan.
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. See owner financing.
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
See closing.
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. See mortgage broker.
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. See adjustable-rate
mortgage (ARM).
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.
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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