Acceleration clause
A clause in your mortgage, which allows the lender to demand payment of the
outstanding loan balance for various reasons. The most common reasons for
accelerating a loan are if the borrower defaults on the loan or transfers
title to another individual without informing the lender.
Adjustable-rate mortgage (ARM)
A mortgage 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 schedule
A table which shows how much of each payment will be applied toward principal
and how much toward interest over the life of the loan. It also shows the
gradual decrease of the loan balance until it reaches zero.
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.
Appraised value
An opinion of a property's fair market value, based on an appraiser's
knowledge, experience, and analysis of the property. Since an appraisal is
based primarily on comparable sales, and the most recent sale is the one on
the property in question, the appraisal usually comes out at the purchase
price.
Appraiser
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.
Assessment
The placing of a value on property for the purpose of taxation.
Assessor
A public official who establishes the value of a property for taxation
purposes.
Asset
Items of value owned by an individual. Assets that can be quickly converted
into cash are considered "liquid assets." These include bank
accounts, stocks, bonds, mutual funds, and so on. Other assets include real
estate, personal property, and debts owed to an individual by others.
Assignment
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.
Balance sheet (top
of mortgage glossary)
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.
Bill of sale
a written document that transfers title to personal property. For example,
when selling an automobile to acquire funds, which will be used as a source of
down payment or for closing costs, the lender will usually require the bill of
sale (in addition to other items) to help document this source of funds.
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.
Bond market
Usually refers to the daily buying and selling of thirty-year treasury bonds.
Lenders follow this market intensely because as the yields of bonds go up and
down, fixed rate mortgages do approximately the same thing. The same factors
that affect the Treasury bond market also affect mortgage rates at the same
time. That is why rates change daily, and in a volatile market can and do
change during the day as well.
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.
Buy down mortgage
A temporary buy down 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 buy down reduces the interest rate over the
entire life of a mortgage.
Call option (top
of mortgage glossary)
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 deposit
a time deposit held in a bank, which pays a certain amount of interest to the
depositor Certificate of deposit index
one of the indexes used for determining interest rate changes on some
adjustable rate mortgages. It is an average of what banks are paying on
certificates of deposit.
Certificate of Eligibility
A document issued by the 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 the buyer signing the mortgage documents and paying closing
costs finalizes a sale of a property. 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. 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. See Settlement Statement.
Cloud on title
Any conditions revealed by a title search that adversely affect the title to
real estate. Usually clouds on title cannot be removed except by a quitclaim
deed, release, or court action.
Co-borrower
An additional individual who is both obligated on the loan and is on title to
the property.
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.
Common area assessments
In some areas they are called Homeowners Association Fees. They are charges
paid to the Homeowners Association by the owners of the individual units in a
condominium or planned unit development (PUD) and are generally used to
maintain the property and common areas.
Common law
an unwritten body of law based on general custom in England and used to an
extent in some states.
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 homebuyer. 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" and 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.
Condominium hotel
A condominium project that has rental or registration desks, short-term
occupancy, food and telephone services, and daily cleaning services and that
is operated as a commercial hotel even though the units are individually
owned. These are often found in resort areas like Hawaii.
Construction loan
A short-term, interim loan for financing the cost of construction. The lender
makes payments to the builder at periodic intervals as the work progresses.
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.
Creditor
A person to whom money is owed.
Debt (top
of mortgage glossary)
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. Depreciation
is also an accounting term, which shows the declining monetary value of an
asset and is used as an expense to reduce taxable income. Since this is not a
true expense where money is actually paid, lenders will add back depreciation
expense for self-employed borrowers and count it as income
Discount points
In the mortgage industry, this term is usually used in only in reference to
government loans, meaning FHA and VA loans. Discount points refer to any
"points" paid in addition to the one percent loan origination fee. A
"point" is one percent of the loan amount.
Down payment
the part of the purchase price of a property that the buyer pays in cash and
does not finance with a mortgage.
Due-on-sale provision
A provision in a mortgage that allows the lender to demand repayment in full
if the borrower sells the property that serves as security for the mortgage.
Earnest money deposit (top
of mortgage glossary)
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 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.
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.
Encumbrance
Anything that affects or limits the fee simple title to a property, such as
mortgages, leases, easements, or restrictions.
Encroachment
An improvement that intrudes illegally on another’s pro Exclusive listing
a written contract that gives a licensed real estate agent the exclusive right
to sell a property for a specified time period.
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.
Executor
A person named in a will to administer an estate. The court will appoint an
administrator if no executor is named. "Executrix" is the feminine
form.
Fair Credit Reporting Act (top
of mortgage glossary)
A consumer protection law that regulates the disclosure of consumer credit
reports by consumer/credit reporting agencies and establishes procedures for
correcting mistakes on one's credit record.
Fair market value
The highest price that a buyer, willing but not compelled to buy, would pay,
and the lowest a seller, willing but not compelled to sell, would accept.
Fannie Mae (FNMA)
A congressionally chartered, shareholder-owned company that is the nation's
largest supplier of home mortgage funds. The Federal National Mortgage
Association, which is 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 homebuyer education sessions.
Federal Housing Administration (FHA)
An agency of the U.S. Department of Housing and Urban Development (HUD). Its
main activity is the insuring of residential mortgage loans made by private
lenders. The FHA sets standards for construction and underwriting but does not
lend money or plan or construct housing.
Fee simple
the greatest possible interest a person can have in real estate.
Fee simple estate
an unconditional, unlimited estate of inheritance that represents the greatest
estate and most extensive interest in land that can be enjoyed. It is of
perpetual duration. When the real estate is in a condominium project, the unit
owner is the exclusive owner only of the air space within his or her portion
of the building (the unit) and is an owner in common with respect to the land
and other common portions of the property.
FHA mortgages
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.
Firm commitment
A lender’s agreement to make a loan to a specific borrower on a specific
property.
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.
Fixture
Personal property that becomes real property when attached in a permanent
manner to real estate.
Flood insurance
Insurance that compensates for physical property damage resulting from
flooding. It is required for properties located in federally designated flood
areas.
Foreclosure
The legal process by which a borrower in default under a mortgage is deprived
of his or her interest in the mortgaged property. This usually involves a
forced sale of the property at public auction with the proceeds of the sale
being applied to the mortgage debt.
401(k)/403(b)
An employer-sponsored investment plan that allows individuals to set aside
tax-deferred income for retirement or emergency purposes. Employers that are
private corporations provide 401(k) plans. Employers that are not for profit
organizations provide 403(b) plans.
401(k)/403(b) loan
Some administrators of 401(k)/403(b) plans allow for loans against the monies
you have accumulated in these plans. Loans against 401K plans are an
acceptable source of down payment for most types of loans.
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.
Good faith estimate. (top
of mortgage glossary)
an estimate of charges, which a borrower is likely to incur in connection with
a settlement.
Government loan (mortgage)
A mortgage that is insured by the Federal Housing Administration (FHA) or
guaranteed by the Department of Veterans Affairs (VA) or the Rural Housing
Service (RHS). Mortgages that are not government loans are classified as
conventional loans.
Government National Mortgage Association (Ginnie Mae)
A government-owned corporation within the U.S. Department of Housing and Urban
Development (HUD). Created by Congress on September 1, 1968, GNMA performs the
same role as Fannie Mae and Freddie Mac in providing funds to lenders for
making home loans. The difference is that Ginnie Mae provides funds for
government loans (FHA and VA).
Grantee
The person to whom an interest in real property is conveyed.
Grantor
The person conveying an interest in real property.
Hazard insurance (top
of mortgage glossary)
Insurance protecting against loss to real estate caused by fire, some
natural causes, vandalism, etc., depending upon the terms of the policy.
Home Equity Conversion Mortgage (HECM)
Usually referred to as a reverse annuity mortgage, what makes this type of
mortgage unique is that instead of making payments to a lender, the lender
makes payments to you. It enables older homeowners to convert the equity they
have in their homes into cash, usually in the form of monthly payments. Unlike
traditional home equity loans, a borrower does not qualify on the basis of
income but on the value of his or her home. In addition, the loan does not
have to be repaid until the borrower no longer occupies the property.
Home equity line of credit
A mortgage loan, usually in second position, that allows the borrower to
obtain cash drawn against the equity of his home, up to a predetermined
amount.
Home inspection
A thorough inspection by a professional that evaluates the structural and
mechanical condition of a property. A satisfactory home inspection is often
included as a contingency by the purchaser.
Homeowners’ association
A nonprofit association that manages the common areas of a planned unit
development (PUD) or condominium project. In a condominium project, it has no
ownership interest in the common elements. In a PUD project, it holds title to
the common elements.
Homeowner’s insurance
An insurance policy that combines personal liability insurance and hazard
insurance coverage for a dwelling and its contents.
Homeowner’s warranty
A type of insurance often purchased by homebuyers that will cover repairs to
certain items, such as heating or air conditioning, should they break down
within the coverage period. The buyer often requests the seller to pay for
this coverage as a condition of the sale, but either party can pay.
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.
HUD median income
Median family income for a particular county or metropolitan statistical area
(MSA), as estimated by the Department of Housing and Urban Development (HUD).
HUD-1 settlement statement
A document that provides an itemized listing of the funds that were paid at
closing. Items that appear on the statement include real estate commissions,
loan fees, points, and initial escrow (impound) amounts. Each type of expense
goes on a specific numbered line on the sheet. The totals at the bottom of the
HUD-1 statement define the seller's net proceeds and the buyer's net payment
at closing. It is called a HUD1 because the form is printed by the Department
of Housing and Urban Development (HUD). The HUD1 statement is also known as
the "closing statement" or "settlement sheet."
Index (top
of mortgage glossary)
A published interest rate to which the interest rate on an Adjustable Rate
Mortgage (ARM) is tied. Some commonly used indices include the 1 Year Treasury
Bill, 6 Month LIBOR, and the 11th District Cost of Funds (COFI).
Joint tenancy
A form of ownership or taking title to property, which means each party owns
the whole property and that ownership is not separate. In the event of the
death of one party, the survivor owns the property in its entirety.
Judgment
A decision made by a court of law. In judgments that require the repayment of
a debt, the court may place a lien against the debtor's real property as
collateral for the judgment's creditor.
Judicial foreclosure
A type of foreclosure proceeding used in some states that is handled as a
civil lawsuit and conducted entirely under the auspices of a court. Other
states use non-judicial foreclosure.
Jumbo loan
A loan that exceeds Fannie Mae and Freddie Mac’s loan limits, currently at
$227,150. Also called a nonconforming loan. Freddie Mac and Fannie Mae loans
are referred to as conforming loans.
Late charge (top
of mortgage glossary)
The penalty a borrower must pay when a payment is made a stated number of
days. On a first trust deed or mortgage, this is usually fifteen days.
Lease
A written agreement between the property owner and a tenant that stipulates
the payment and conditions under which the tenant may possess the real estate
for a specified period of time.
Leasehold estate
A way of holding title to a property wherein the mortgagor does not actually
own the property but rather has a recorded long-term lease on it.
Lease option
An alternative financing option that allows homebuyers to lease a home with an
option to buy. Each month's rent payment may consist of not only the rent, but
also an additional amount, which can be applied toward the down payment on an
already specified price.
Legal description
A property description, recognized by law, that is sufficient to locate and
identify the property without oral testimony.
Lender
A term, which can refer to the institution making the loan or to the
individual representing the firm. For example, loan officers are often
referred to as "lenders."
Liabilities
A person's financial obligations. Liabilities include long-term and short-term
debt, as well as any other amounts that are owed to others.
Liability insurance
Insurance coverage that offers protection against claims alleging that a
property owner's negligence or inappropriate action resulted in bodily injury
or property damage to another party. It is usually part of a homeowner’s
insurance policy.
Lien
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.
Line of credit
an agreement by a commercial bank or other financial institution to extend
credit up to a certain amount for a certain time to a specified borrower.
Liquid asset
A cash asset or an asset that is easily converted into cash.
Loan
A sum of borrowed money (principal) that is generally repaid with interest.
Loan officer
Also referred to by a variety of other terms, such as lender, loan
representative, loan "rep," account executive, and others. The loan
officer serves several functions and has various responsibilities: they
solicit loans, they are the representatives of the lending institution, and
they represent the borrower to the lending institution.
Loan origination
How a lender refers to the process of obtaining new loans.
Loan servicing
After you obtain a loan, the company you make the payments to is
"servicing" your loan. They process payments, send statements,
manage the escrow/impound account, provide collection efforts on delinquent
loans, ensure that insurance and property taxes are made on the property,
handle pay-offs and assumptions, and provide a variety of other services.
Loan to value 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 homebuyer 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.
Lock-in period
The time period during which the lender has guaranteed an interest rate to a
borrower.
Margin (top
of mortgage glossary)
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%.
Maturity
The date on which the principal balance of a loan, bond, or other financial
instrument becomes due and payable.
Merged credit report
A credit report, which reports the raw data, pulled from two or more of the
major credit repositories. Contrast with a Residential Mortgage Credit Report
(RMCR) or a standard factual credit report.
Modification
Occasionally, a lender will agree to modify the terms of your mortgage without
requiring you t refinance. If any changes are made, it is called a
modification.
Mortgage
A legal document that pledges a property to the lender as security for
payment of a debt.
Mortgage banker
For a more complete discussion of mortgage banker, see "Types of
Lenders." A mortgage banker is generally assumed to originate and fund
his or her own loans, which are then sold on the secondary market, usually to
Fannie Mae, Freddie Mac, or Ginnie Mae. However, firms rather loosely apply
this term to themselves, whether they are true mortgage bankers or simply
mortgage brokers or correspondents.
Mortgage broker
A mortgage company that originates loans then places those loans with a
variety of other lending institutions with which they usually have
pre-established relationships.
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 that covers the lender against some of the losses incurred as a
result of a default on a home loan. Often mistakenly referred to as PMI, which
is actually the name of one of the larger mortgage insurers. Mortgage
insurance is usually required in one form or another on all loans that have a
loan-to-value higher than eighty percent. Mortgages above 80% LTV that call
themselves "No MI" are usually a made at a higher interest rate.
Instead of the borrower paying the mortgage insurance premiums directly, they
pay a higher interest rate to the lender, which then pays the mortgage
insurance. Also, FHA loans and certain first-time homebuyer programs require
mortgage insurance regardless of the loan-to-value.
Mortgage insurance premium (MIP)
The amount paid by a mortgagor for mortgage insurance, either to a government
agency such as the Federal Housing Administration (FHA) or to a private
mortgage insurance (MI) company.
Mortgage life and disability insurance
A type of term life insurance often bought by borrowers. The amount of
coverage decreases as the principal balance declines. Some policies also cover
the borrower in the event of disability. In the event that the borrower dies
while the policy is in force, the debt is automatically satisfied by insurance
proceeds. In the case of disability insurance, the insurance will make the
mortgage payment for a specified amount of time during the disability. Be
careful to read the terms of coverage, however, because often the coverage
does not start immediately upon the disability, but after a specified period,
sometime forty-five days.
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.
Multi-dwelling units
Properties that provide separate housing units for more than one family,
although they secure only a single mortgage.
Negative amortization (top
of mortgage glossary)
Some adjustable rate mortgages allow the interest rate to fluctuate
independently of a required minimum payment. If a borrower makes the minimum
payment it may not cover all of the interest that would normally be due at the
current interest rate. In essence, the borrower is deferring the interest
payment, which is why this is called "deferred interest." The
deferred interest is added to the balance of the loan and the loan balance
grows larger instead of smaller, which is called negative amortization.
No cash-out refinance
A refinance transaction, which is not intended to put cash in the hand of the
borrower. Instead, the new balance is calculated to cover the balance due on
the current loan and any costs associated with obtaining the new mortgage.
Often referred to as a "rate and term refinance."
No-cost loan
Many lenders offer loans that you can obtain at "no cost." You
should inquire whether this means there are no "lender" costs
associated with the loan, or if it also covers the other costs you would
normally have in a purchase or refinance transactions, such as title
insurance, escrow fees, settlement fees, appraisal, recording fees, notary
fees, and others. These are fees and costs, which may be associated with
buying a home or obtaining a loan, but not charged directly by the lender.
Keep in mind that, like a "no-point" loan, the interest rate will be
higher than if you obtain a loan that has costs associated with it.
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.
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.
Note rate
The interest rate stated on a mortgage note.
No-cost loan
Almost all lenders offer loans at "no points." You will find the
interest rate on a "no points" loan is approximately a quarter
percent higher than on a loan where you pay one point.
Notice of default
A formal written notice to a borrower that a default has occurred and that
legal action may be taken.
Original principal balance (top
of mortgage glossary)
The total amount of principal owed on a mortgage before any payments are
made.
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.
Partial payment (top
of mortgage glossary)
A payment that is not sufficient to cover the scheduled monthly payment on
a mortgage loan. Normally, a lender will not accept a partial payment, but in
times of hardship you can make this request of the loan servicing collection
department.
Payment change date
The date when a new monthly payment amount takes effect on an
adjustable-rate mortgage (ARM) or a graduated-payment mortgage (GPM).
Generally, the payment change date occurs in the month immediately after the
interest rate adjustment date.
Periodic payment cap
For an adjustable-rate mortgage where the interest rate and the minimum
payment amount fluctuate independently of one another, this is a limit on the
amount that payments can increase or decrease during any one-adjustment
period.
Periodic rate cap
For an adjustable-rate mortgage, a limit on the amount that the interest
rate can increase or decrease during any one-adjustment period, regardless of
how high or low the index might be.
Personal property
any property that is not real property.
PITI
This stands for principal, interest, taxes and insurance. If you have an
"impounded" loan, then your monthly payment to the lender includes
all of these and probably includes mortgage insurance as well. If you do not
have an impounded account, then the lender still calculates this amount and
uses it as part of determining your debt-to-income ratio.
PITI reserves
A cash amount that a borrower must have on hand after making a down
payment and paying all closing costs for the purchase of a home. The
principal, interest, taxes, and insurance (PITI) reserves must equal the
amount that the borrower would have to pay for PITI for a predefined number of
months.
Planned Unit 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.
Point
A point is 1 percent of the amount of the mortgage.
Points
Charges levied by the mortgage lender and usually payable at closing. One
point represents 1% of the face value of the mortgage loan.
Power of attorney
a legal document that authorizes another person to act on one’s behalf.
A power of attorney can grant complete authority or can be limited to certain
acts and/or certain periods of time.
Pre-approval
A loosely used term which is generally taken to mean that a borrower has
completed a loan application and provided debt, income, and savings
documentation which an underwriter has reviewed and approved. A pre-approval
is usually done at a certain loan amount and making assumptions about what the
interest rate will actually be at the time the loan is actually made, as well
as estimates for the amount that will be paid for property taxes, insurance
and others. A pre-approval applies only to the borrower. Once a property is
chosen, it must also meet the underwriting guidelines of the
lender. Contrast with pre-qualification.
Prepaid
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
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 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.
Pre-qualification
This usually refers to the loan officer’s written opinion of the ability
of a borrower to qualify for a home loan, after the loan officer has made
inquiries about debt, income, and savings. The information provided to the
loan officer may have been presented verbally or in the form of documentation,
and the loan officer may or may not have reviewed a credit report on the
borrower.
Prime rate
the interest rate that banks charge to their preferred customers. Changes
in the prime rate are widely publicized in the news media and are used as the
indexes in some adjustable rate mortgages, especially home equity lines of
credit. Changes in the prime rate do not directly affect other types of
mortgages, but the same factors that influence the prime rate also affect the
interest rates of mortgage loans.
Principal
Amount of debt, not including interest. The face value of a note or
mortgage.
Principal balance
The outstanding balance of principal on a mortgage. The principal balance
does not include interest or any other charges. See remaining balance.
Principal, interest, taxes, and insurance (PITI)
The four components of a monthly mortgage payment on impounded loans.
Principal refers to the part of the monthly payment that reduces the remaining
balance of the mortgage. Interest is the fee charged for borrowing money.
Taxes and insurance refer to the amounts that are paid into an escrow account
each month for property taxes and mortgage and hazard insurance.
Private mortgage insurance (PMI)
Insurance provided by nongovernmental 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%.
Promissory note
a written promise to repay a specified amount over a specified period of
time.
Public auction
A meeting in an announced public location to sell property to repay a
mortgage that is in default.
Planned Unit Development (PUD)
A project or subdivision that includes common property that is owned and
maintained by a homeowners' association for the benefit and use of the
individual PUD unit owners.
Qualifying ratios (top
of mortgage glossary)
The ratio of your fixed monthly expenses to your gross monthly income,
used to determine how much you could afford to borrow. The fixed monthly
expenses would include PITI along with other obligations such as student
loans, car loans, or credit card payments.
Quitclaim deed
A deed that transfers without warranty whatever interest or title a grantor
may have at the time the conveyance is made.
Rate cap (top
of mortgage glossary)
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.
Real estate agent
a person licensed to negotiate and transact the sale of real estate.
Real Estate Settlement Procedures Act (RESPA)
A consumer protection law that requires lenders to give borrowers advance
notice of closing costs.
Real property
Land and appurtenances, including anything of a permanent nature such as
structures, trees, minerals, and the interest, benefits, and inherent rights
thereof.
Realtor®
A real estate agent, broker or an associate who holds active membership in a
local real estate board that is affiliated with the National Association of
Realtors.
Recorder
The public official who keeps records of transactions that affect real
property in the area. Sometimes known as a "Registrar of Deeds" or
"County Clerk."
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).
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.
Refinancing
the process of paying off one loan with the proceeds from a new loan using the
same property as security.
Remaining balance
The amount of principal that has not yet been repaid. See principal balance.
Remaining term
The original amortization term minus the number of payments that have been
applied.
Rent loss insurance
Insurance that protects a landlord against loss of rent or rental value due to
fire or other casualty that renders the leased premises unavailable for use
and as a result of which the tenant is excused from paying rent.
Repayment plan
An arrangement made to repay delinquent installments or advances.
Replacement reserve fund
A fund set aside for replacement of common property in a condominium, PUD, or
cooperative project -- particularly that which has a short life expectancy,
such as carpeting, furniture, etc.
Residential mortgage credit report (RMCR)
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.
Revolving debt
A credit arrangement, such as a credit card, that allows a customer to borrow
against a preapproved line of credit when purchasing goods and services. The
borrower is billed for the amount that is actually borrowed plus any interest
due.
Right of first refusal
A provision in an agreement that requires the owner of a property to give
another party the first opportunity to purchase or lease the property before
he or she offers it for sale or lease to others.
Right of ingress or egress
The right to enter or leave designated premises.
Right of survivorship
In joint tenancy, the right of survivors to acquire the interest of a deceased
joint tenant.
Sale-leaseback (top
of mortgage glossary)
A technique in which a seller deeds property to a buyer for a consideration,
and the buyer simultaneously leases the property back to the seller.
Second mortgage
a mortgage that has a lien position subordinate to the first mortgage.
Secondary market
The buying and selling of existing mortgages, usually as part of a
"pool" of mortgages.
Secured loan
A loan that is backed by collateral.
Security
The property that will be pledged as collateral for a loan.
Seller carry back
An agreement in which the owner of a property provides financing, often in
combination with an assumed mortgage.
Servicer
An organization that collects principal and interest payments from borrowers
and manages borrowers’ escrow accounts. The servicer often services
mortgages that have been purchased by an investor in the secondary mortgage
market.
Servicing
the collection of mortgage payments from borrowers and related
responsibilities of a loan servicer.
Settlement statement
See HUD1 Settlement Statement
Subdivision
A housing development that is created by dividing a tract of land into
individual lots for sale or lease.
Subordinate financing
Any mortgage or other lien that has a priority that is lower than that of the
first mortgage.
Survey
A 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.
Sweat equity
Contribution to the construction or rehabilitation of a property in the form
of labor or services rather than cash.
Tenants-in-common (top
of mortgage glossary)
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.
Third-party origination
A process by which a lender uses another party to completely or partially
originate, process, underwrite, close, fund, or package the mortgages it plans
to deliver to the secondary mortgage market.
Title
The evidence one has of right to possession of land.
Title company
A company that specializes in examining and insuring titles to real estate.
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.
Transfer of ownership
Any means by which the ownership of a property changes hands. Lenders consider
all of the following situations to be a transfer of ownership: the purchase of
a property "subject to" the mortgage, the assumption of the mortgage
debt by the property purchaser, and any exchange of possession of the property
under a land sales contract or any other land trust device.
Transfer tax
State or local tax payable when title passes from one owner to another.
Treasury index
An index that is used to determine interest rate changes for certain
adjustable-rate mortgage (ARM) plans. It is based on the results of auctions
that the U.S. Treasury holds for its Treasury bills and securities or is
derived from the U.S. Treasury's daily yield curve, which is based on the
closing market bid yields on actively traded Treasury securities in the
over-the-counter market.
Truth-in-Lending 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.
Two-step mortgage
An adjustable-rate mortgage (ARM) that has one interest rate for the first
five or seven years of its mortgage term and a different interest rate for the
remainder of the amortization term.
Two- to four-family property
A property that consists of a structure that provides living space (dwelling
units) for two to four families, although ownership of the structure is
evidenced by a single deed.
Trustee
A fiduciary that holds or controls property for the benefit of another.
VA mortgages (top
of mortgage glossary)
A mortgage that is guaranteed by the Department of Veterans Affairs (VA).
Vested
having the right to use a portion of a fund such as an individual retirement
fund. For example, individuals who are 100 percent vested can withdraw all of
the funds that are set-aside for them in a retirement fund. However, taxes may
be due on any funds that are actually withdrawn.
Veterans Administration (VA)
A government agency guaranteeing mortgage loans with no down payment to
qualified veterans.
|