Glossary of Terms
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7/23 and 5/25 Mortgages
Mortgages with a one time rate adjustment after seven years and five years
respectively.
3/1, 5/1, 7/1 and 10/1 ARMs
Adjustable-rate mortgages in which rate is fixed for three-year, five-year,
seven-year and 10-year periods, respectively, but may adjust annually after
that.
Abstract (Of Title)
A summer of the public records relating to the title of a piece of land.
An attorney or title insurance company reviews an abstract of title to
determine whether there are any defects that must be cleared before a com
purchase clear, marketable, and insurable title.
Acceleration
The right of the mortgagee (lender) to demand the immediate repayment of
the mortgage loan balance upon the default of the Mortgagor (Borrower),
or by using the right vested in the Due-on-Sale Clause.
Adjustable rate mortgage (ARM)
It is a mortgage in which the interest rate is adjusted periodically based
on a pre-selected index. Also sometimes known as the renegotiable rate
mortgage, the variable rate mortgage or the Canadian rollover mortgage.
Adjusted Basis
The cost of a property plus the value of any capital expenditures for improvements
to the property minus any depreciation taken.
Adjustment Date
The date that the interest rate changes on an adjustable-rate mortgage (ARM).
Adjustment interval
On an adjustable rate mortgage, the time between changes in the interest
rate and/or monthly payment, typically one, three or five years depending
on the index.
Adjustment Period
The period elapsing between adjustment dates for an adjustable-rate mortgage
(ARM).
Affordability Analysis
An analysis of a Buyers ability to afford the purchase of a home. Reviews
income, liabilities, and available funds, and considers the type of mortgage
you plan to use, the area where you want to purchase a home, and the closing
costs that are likely.
Agreement (Purchase & Sale)
Known by various names, such as contract of purchase, agreement of sale,
purchase agreement, or sales agreement, according to location or jurisdiction.
A contract in which a seller agrees to sell and a buyer agrees to buy,
under certain specific terms and conditions spelled out in writing and
signed by bother parties.
Amortization
Means loan payment by equal periodic payment calculated to pay off the debt
at the end of a fixed period, including accrued interest on the outstanding
balance.
Amortization Term
The length of time required to amortize the mortgage loan expressed as a
number of months. For example, 360 months is the amortization term for
a 30-year fixed-rate mortgage.
Annual percentage rate (APR)
APR is a measurement of the full cost of a loan including interest and loan
fees expressed as a yearly percentage rate. Because all lenders apply the
same rules in calculating the annual percentage rate, it provides consumers
with a good basis for comparing the cost of loans.
Appraisal
An estimate of the value of property, made by a qualified professional called
an "appraiser".
Appraised Value
An opinion of a property's fair market value, based on an appraiser's knowledge,
experience, and analysis of the property.
Assessment
A local tax levied against a property for a specific purpose, such as a sewer
or streetlights.
Assignment
The transfer of a mortgage from one person to another.
Assumability
An assumable mortgage can be transferred from the Seller to the new Buyer.
Generally requires a credit review of the new Borrower and lenders may
charge a fee for the assumption. If a mortgage contains a due-on-sale clause,
it may not be assumed by a new Buyer.
Assumption
The agreement between Buyer and Seller where the Buyer takes over the payments
on an existing mortgage from the Seller. Assuming a loan can usually save
the Buyer money since this is an existing mortgage debt, unlike a new mortgage
where closing cost and new, probably higher, market-rate interest charges
will apply.
Assumption Fee
The fee paid to a lender (usually by the purchaser of real property) when
an assumption takes place.
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Balloon Mortgage
A loan which is amortized for a longer period than the term of the loan.
Usually this refers to a thirty-year amortization and a five-year term.
At the end of the term of the loan, the remaining outstanding principal
on the loan is due. This final payment is known as a balloon payment.
Balloon Payment
The final lump sum paid at the maturity date of a balloon mortgage.
Binder
Known as the “Offer To Purchase”. A preliminary agreement, secured
by the payment of earnest money, between a buyer and seller as an Offer to
purchase real estate. A binder secures the right to purchase real estate
upon agreed terms for a limited period of time. If the buyer changes his
mind or is unable to purchase, the earnest money is forfeited unless the
binder expressly provides that it is to be refunded.
Biweekly Payment Mortgage
A plan 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 required if the loan were a standard
30-year fixed-rate mortgage. The result for the Borrower is a substantial
savings in interest.
Blanket Mortgage
A mortgage covering at least two pieces of real estate as security for the
same mortgage.
Borrower (Mortgagor)
One who applies for and receives a loan in the form of a mortgage with the
intention of repaying the loan in full.
Bridge Loan
A second trust that is collateralized by the Borrower's present home allowing
the proceeds to be used to close on a new house before the present home
is sold. Also known as "swing loan."
Broker
An individual in the business of assisting in arranging funding or negotiating
contracts for a client but who does not loan the money himself. Brokers
usually charge a fee or receive a commission for their services.
Buy-down
When the lender and/or the homebuilder subsidized the mortgage by lowering
the interest rate during the first few years of the loan. While the payments
are initially low, they will increase when the subsidy expires.
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Cash Flow
The amount of cash derived over a certain period of time from an income-producing
property. The cash flow should be large enough to pay the expenses of the
income producing property (mortgage payment, maintenance, utilities, etc.).
Caps (Interest)
Consumer safeguards that limit the amount the interest rate on an adjustable
rate mortgage, which may change per year and/or the life of the loan.
Caps (Payment)
Consumer safeguards, which limit the amount monthly payments on an adjustable
rate mortgage, may change.
Certificate of Eligibility
The document given to qualified veterans which entitles them to VA guaranteed
loans for homes, business and mobile homes. Certificates of eligibility
may be obtained by sending form DD-214 (Separation Paper) to the local
VA office with VA form 1880 (request for Certificate of Eligibility).
Certificate of Reasonable Value (CRV)
An appraisal issued by the Veterans Administration showing the property's
current market value.
Certificate of Title
A certificate issued by a title company or a written opinion rendered by
an attorney, that the seller has good marketable and insurable title. A
certificate of title offers no protection against any hidden defects in
the title, which an examination of records could not reveal. The issuer
of a certificate of title is liable only for damages due to negligence.
Certificate of Veteran Status
The document given to veterans or reservists who have served 90 days of continuous
active duty (including training time). It may be obtained by sending DD
214 to the local VA office with form 26-8261a (request for certificate
of veteran status. This document enables veterans to obtain lower down
payments on certain FHA insured loans).
Change Frequency
The frequency (in months) of payment and/or interest rate changes in an adjustable-rate
mortgage (ARM).
Chattels
Items of tangible movable or immovable property, except real estate. Usually
refers to personal, movable possessions such as furniture, appliances,
accessories etc.
Closing
The meeting between the Buyer, Seller and lender or their agents where the
property and funds legally change hands, also called settlement. Closing
costs usually include an origination fee, discount points, appraisal fee,
title search and insurance, survey, taxes, deed recording fee, credit report
charge and other costs assessed at settlement. The cost of closing usually
is about 3 percent to 6 percent of the mortgage amount.
Closing Costs
These are expenses - over and above the price of the property- that are incurred
by Buyers and Sellers when transferring Ownership of a property. Closing
costs normally include an origination fee, property taxes, charges for
title insurance and escrow costs, appraisal fees, etc. Closing costs will
vary according to the area country and the lenders used.
Cloud (On Title)
An outstanding claim or encumbrance that adversely affects the marketability
of title.
COFI
Adjustable-rate mortgage with rate that adjusts based on a cost-of-funds
index, often the 11th District Cost of Funds.
Construction Loan
A short term interim loan to pay for the construction of buildings or homes.
These are usually designed to provide periodic disbursements to the builder
as he or she progresses.
Consumer Reporting Agency (or Bureau)
An organization that handles the preparation of reports used by lenders to
determine a potential Borrower's credit history. The agency gets data for
these reports from a credit repository and from other sources.
Contract sale or deed
A contract between purchaser and a Seller of real estate to convey title
after certain conditions have been met. It is a form of installment sale.
Conventional loan (or Mortgage)
A mortgage not insured by FHA or guaranteed by the VA.
Conversion Clause
A provision in an ARM allowing the loan to be converted to a fixed-rate at
some point during the term. Usually conversion is allowed at the end of
the first adjustment period. The conversion feature may cost extra.
Credit Report
A report documenting the credit history and current status of a Borrower's
credit standing.
Credit Risk Score
A credit risk score is a statistical summary of the information contained
in a consumer's credit report. The most well known type of credit risk
score is the Fair Isaac or FICO score. This form of credit scoring is a
mathematical summary calculation that assigns numerical values to various
pieces of information in the credit report. The overall credit risk score
is highly relative in the credit underwriting process for a mortgage loan.
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Debt-to-Income Ratio
The ratio, expressed as a percentage, which results when a Borrower's monthly
payment obligation on long-term debts is divided by his or her gross monthly
income. See housing expenses-to-income ratio.
Deed
A formal written instrument by which title to real property is transferred
from one owner to another. The deed should contain an accurate description
of the property being conveyed, should be signed and witnessed according
to the laws of the State where the property is located, and should be delivered
to the purchaser at closing day. There are two parties to a deed grantor
and grantee.
Deed of trust
In many states, this document is used in place of a mortgage to secure the
payment of a note.
Default
Failure to meet legal obligations in a contract, specifically, failure to
make the monthly payments on a mortgage.
Deferred interest
When a mortgage is written with a monthly payment that is less than required
to satisfy the note rate, the unpaid interest is deferred by adding it
to the loan balance. See negative amortization.
Delinquency
Failure to make payments on time. This can lead to foreclosure.
Department of Veterans Affairs (VA)
An independent agency of the federal government, which guarantees long-term,
low-or no-down payment mortgages to eligible veterans.
Discount Point
See point
Documentary Stamps
A State tax in the forms or stamps, required on deeds and mortgages when
real estate title passes from one owner to another. The amount stamps required
varies by State.
Down Payment
Money paid to make up the difference between the Purchase Price and the mortgage
amount.
Due-on-Sale-Clause
A provision in a mortgage or deed of trust that allows the lender to demand
immediate payment of the balance of the mortgage if the mortgage holder
sells the home.
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Earnest Money
Money given by a Buyer to a Seller as part of the Purchase Price to bind
a transaction or assure payment.
Easement Rights
A right-of-way granted to a person or company authorizing access to or over
the owner’s land. An electric company obtaining a right-of-way across
private property is a common example.
Encroachment
An obstruction, building or part of a building that intrudes beyond a legal
boundary onto neighboring private or public land or a building extending
beyond the building line.
Encumbrance
A legal right or interest in land that affects a good or clear title, and
diminishes the land’s value. It can take many forms, such as zoning
ordinances, easement rights, claims, mortgages, liens, charges, a pending
legal action, unpaid taxes, or restrictive covenants. And encumbrance does
not legally prevent transfer of the property to another. A title search
is all that is usually done to reveal the existence of encumbrances, and
it is up to the buyer to determine whether he wants to purchase with the
encumbrance, or what can be done to remove it.
Entitlement
The VA home loan benefit is called entitlement (i.e. entitlement for a VA
guaranteed home loan). This is also known as eligibility.
Equal Credit Opportunity Act (ECOA)
It is 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
The difference between the fair market value and current indebtedness also
referred to as the Owner's interest. The value an Owner has in real estate
over and above the obligation against the property.
Escrow
An account held by the lender into which the homebuyer pays money for tax
or insurance payments. Also earnest deposits held pending loan closing.
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 part 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.
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Fannie Mae
See Federal National Mortgage Association.
Farmers Home Administration (FmHA)
Provides financing to farmers and other qualified Borrowers who are unable
to obtain loans elsewhere.
Federal Home Loan Bank Board (FHLBB)
The former name for the regulatory and supervisory agency for federally chartered
savings institutions. Agency is now called the Office of Thrift Supervision
Federal Home Loan Mortgage Corporation (FHLMC) also called "Freddie
Mac"
It is a quasi-governmental agency that purchases conventional mortgage from
insured depository institutions and HUD-approved mortgage bankers.
Federal Housing Administration (FHA)
A division of the Department of Housing and Urban Development. Its main activity
is the insuring of residential mortgage loans made by private lenders.
FHA also sets standards for underwriting mortgages.
Federal National Mortgage Association (FNMA) also known as "Fannie
Mae"
A tax-paying corporation created by Congress that purchases and sells conventional
residential mortgage as well as those insured by FHA or guaranteed by VA.
This institution, which provides funds for one in seven mortgages, makes
mortgage money more available and more affordable.
FHA loan
A loan insured by the Federal Housing Administration open to all qualified
home purchasers. While there are limits to the size of FHA loans ($155,250
as of 1/1/96), they are generous enough to handle moderately priced homes
almost anywhere in the country.
FHA mortgage insurance
Requires a fee (up to 2.25% of the loan amount) paid at closing to insure
the loan with FHA. In addition, FHA mortgage insurance requires an annual
fee of up to 0.5% of the current loan amount, paid in monthly installments.
The lower the down payment, the more years the fee must be paid.
FHLMC
The Federal Home Loan Mortgage Corporation provides a secondary market for
savings and loans by purchasing their conventional loans. Also known as "Freddie
Mac."
Firm Commitment
A promise by FHA to insure a mortgage loan for a specified property and Borrower.
A promise from a lender to make a mortgage loan.
First Mortgage
The primary lien against a property.
Fixed Installment
The monthly payment due on a mortgage loan including payment of both principal
and interest.
Fixed Rate Mortgage
The mortgage interest rate will remain the same on these mortgages throughout
the term of the mortgage for the original Borrower.
Fixtures
Chattel so annexed to realty, that is may be regarded as legally part of
it. For example, chandeliers, blinds, shelves, etc.
FNMA (Federal National Mortgage Association)
The Federal National Mortgage Association is a secondary mortgage institution,
which is the largest single holder of home mortgages in the United States.
FNMA buys VA, FHA, and conventional mortgages from primary lenders. Also
known as "Fannie Mae."
Foreclosure
A legal process by which the lender or the Seller forces a sale of a mortgaged
property because the Borrower has not met the terms of the mortgage. Also
known as a repossession of property.
Freddie Mac
See Federal Home Loan Mortgage Corporation
Fully Amortized ARM
An adjustable-rate mortgage (ARM) with a monthly payment that is sufficient
to amortize the remaining balance, at the interest accrual rate, over the
amortization term.
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General Warranty Deed
A deed that conveys, all the grantor’s interests in and title to the
property to the grantee, and also warrants that if the title has a “cloud” on
it, the grantee may hold the grantor liable.
Ginnie Mae
See Government National Mortgage Association.
Government National Mortgage Association (GNMA)
Also known as "Ginnie Mae," provides sources of funds for residential
mortgages, insured or guaranteed by FHA or VA.
Graduated Payment Mortgage (GPM)
A type of flexible-payment mortgage where the payments increase for a specified
period of time and then level off. This type of mortgage has negative amortization
built into it.
Growing-Equity Mortgage (GEM)
A fixed-rate mortgage that provides scheduled payment increases over an established
period of time. The increased amount of the monthly payment is applied
directly toward reducing the remaining balance of the mortgage.
Guarantee
A promise by one party to pay a debt or perform an obligation contracted
by another if the original party fails to pay or perform according to a
contract.
Guarantee Mortgage
A mortgage that is guaranteed by a third party.
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Hazard Insurance
A form of insurance in which the insurance company protects the insured from
specified losses, such as fire, windstorm and the like.
Housing Expenses-to-Income Ratio
The ratio, expressed as a percentage, which results when a Borrower's housing
expenses are divided by his/her gross monthly income. See debt-to-income
ratio.
HUD-1 statement
A document that provides an itemized listing of the funds that are payable
at closing. Items that appear on the statement include real estate commissions,
loan fees, 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 the Buyer's net payment at closing.
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Impound
That portion of a Borrower's monthly payments held by the lender or servicer
to pay for taxes, hazard insurance, mortgage insurance, lease payments,
and other items as they become due. Also known as reserves.
Index
A published interest rate against which lenders measure the difference between
the current interest rate on an adjustable rate mortgage and that earned
by other investments (such as one, three, and five-year U.S. Treasury security
yields, the monthly average interest rate on loans closed by savings and
loan institutions, and the monthly average costs-of-funds incurred by savings
and loans), which is then used to adjust the interest rate on an adjustable
mortgage up or down.
Indexed rate
The sum of the published index plus the margin. For example if the index
were 9% and the margin 2.75%, the indexed rate would be 11.75%. Often,
lenders charge less than the indexed rate the first year of an adjustable-rate
mortgage.
Initial Interest Rate
This refers to the original interest rate of the mortgage at the time of
closing. This rate changes for an adjustable-rate mortgage (ARM). It's
also known as
"start rate" or "teaser."
Installment
The regular periodic payment that a Borrower agrees to make to a lender.
Insured Mortgage
A mortgage that is protected by the Federal Housing Administration (FHA)
or by private mortgage insurance (MI).
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.
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Interest Rate Buydown Plan
An arrangement that allows the property Seller to deposit money to an account.
That money is then released each month to reduce the Mortgagor's monthly
payments during the early years of a mortgage.
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.
Interim Financing
A construction loan made during completion of a building or a project. A
permanent loan usually replaces this loan after completion.
Investor
Money source for a lender.
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Jumbo Loan
A loan which is larger (more than $240,000 as of 1/1/99) than the limits
set by the Federal National Mortgage Association and the Federal
Home Loan Mortgage Corporation. Because jumbo loans cannot be funded
by these two agencies, they usually carry a higher interest rate.
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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-Purchase Mortgage Loan
An alternative financing option that allows low- and moderate-income homebuyers
to lease a home with an option to buy. Each month's rent payment consists
of principal, interest, taxes and insurance (PITI) payments on the first
mortgage plus an extra amount that accumulates in a savings account for
a down payment.
Liabilities
A person's financial obligations. Liabilities include long-term and short-term
debt.
Lien
A claim upon a piece of property for the payment or satisfaction of a debt
or obligation.
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.
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.
Loan
A sum of borrowed money (principal) that is generally repaid with interest.
Loan-to-Value Ratio
The relationship between the amount of the mortgage loan and the appraised
value of the property expressed as a percentage.
Lock
Lender's guarantee that the mortgage rate quoted will be good for a specific
number of days from day of application.
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Margin
The amount a lender adds to the index on an adjustable rate mortgage to establish
the adjusted interest rate.
Market Value
The highest price that a Buyer would pay and the lowest price a Seller would
accept on a property. Market value may be different from the price a property
could actually be sold for at a given time.
Maturity
The date on which the principal balance of a loan becomes due and payable.
MIP (Mortgage Insurance Premium)
It is insurance from FHA to the lender against incurring a loss on account
of the Borrower's default.
Monthly Fixed
Limits borrowing additional money in the future without refinancing the
loan or paying additional financing charges. Open-end provisions often limit
such borrowing to no more interest due on the loan. This unpaid interest
is added to the unpaid balance of the loan. The danger of negative amortization
is that the home Buyer ends up owing more than the original amount of the
loan.
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Net Effective Income
The Borrower's gross income minus federal income tax.
Non Assumption Clause
A statement in a mortgage contract forbidding the assumption of the mortgage
without the prior approval of the lender. Note The signed obligation to pay
a debt, as a mortgage note.
Note
A legal document that obligates a Borrower to repay a mortgage loan at
a stated interest rate during a specified period of time.
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Office of Thrift Supervision (OTS)
The regulatory and supervisory agency for federally chartered savings
institutions. Formally known as Federal Home Loan Bank Board.
One-year adjustable
Mortgage whose annual rate changes yearly. The rate is usually based
on movements of a published index plus a specified margin, chosen by the
lender.
Origination Fee
The fee charged by a lender to prepare loan documents, make credit checks,
inspect and sometimes appraise a property; usually computed as a percentage
of the face value of the loan.
Owner Financing
A property purchase transaction in which the party selling the property
provides all or part of the financing.
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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 adjustment date.
Periodic Payment Cap
A limit on the amount that payments can increase or decrease during any
one adjustment period.
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Periodic Rate Cap
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.
Permanent Loan
A long term mortgage, usually ten years or more. Also called an "end
loan."
PITI
Principal, Interest, Taxes and Insurance. Also called monthly housing
expense.
Plat
A map or chart of a lot, subdivision drawn by a surveyor, showing boundary
lines, buildings, improvements on the land, and easements.
Pledged account Mortgage (PAM)
Money is placed in a pledged savings account and this fund plus earned
interest is gradually used to reduce mortgage payments.
Points (Loan Discount Points)
Prepaid interest assessed at closing by the lender. Each point is equal
to 1 percent of the loan amount (e.g., two points on a $100,000 mortgage
would cost $2,000).
Power of Attorney
A legal document authorizing one person to act on behalf of another.
Pre-Approval
The process of determining how much money you will be eligible to borrow
before you apply for a loan.
Prepaid Expenses
Necessary to create an escrow account or to adjust the Seller's existing
escrow account. Can include taxes, hazard insurance, private mortgage insurance
and special assessments.
Prepayment
A privilege in a mortgage permitting the Borrower to make payments in
advance of their due date.
Prepayment Penalty
Money charged for an early repayment of debt. Prepayment penalties are
allowed in some form (but not necessarily imposed) in many states.
Primary Mortgage Market
Lenders, such as savings and loan associations, commercial banks, and
mortgage companies, who make mortgage loans directly to Borrowers. These
lenders sometimes sell their mortgages to the secondary mortgage markets
such as to FNMA or GNMA, etc.
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 not including interest
or any other charges.
Principal, Interest, Taxes, and Insurance (PITI)
The four components of a monthly mortgage payment. Principal refers to
the part of the monthly payment that reduces the remaining balance of the
mortgage. Interest is the fee charged for borrowing money. Taxes and insurance
refer to the monthly cost of property taxes and homeowners insurance, whether
these amounts that are paid into an escrow account each month or not.
Private Mortgage Insurance (PMI)
In the event that you do not have a 20 percent down payment, lenders
will allow a smaller down payment - as low as 3 percent in some cases. With
the smaller down payment loans, however, Borrowers are usually required to
carry private mortgage insurance. Private mortgage insurance will usually
require an initial premium payment and may require an additional monthly
fee depending on your loan's structure.
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Qualifying Ratios
Calculations used to determine if a Borrower can qualify for a mortgage.
They consist of two separate calculations a housing expense as a percent
of income ratio and total debt obligations as a percent of income ratio.
Quitclaim Deed
A deed that transfers whatever interest the maker of the deed may have
in the particular parcel of land. It is often given to clear title when the
grantors interest in a property is questionable. By accepting such a deed,
buyer assumes all the risks. Such a deed makes no warranties as to the title,
but simply transfers to the buyer whatever interest the grantor has.
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Rate Lock
A commitment issued by a lender to a Borrower or other mortgage originator
guaranteeing a specified interest rate and lender costs for a specified period
of time.
Realtor
A real estate broker or an associate holding active membership in a local
real estate board affiliated with the National Association of Realtors.
Real Estate Agent
A person licensed to negotiate and transact the sale of real 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.
Recission
The cancellation of a contract. With respect to mortgage refinancing,
the law that gives the homeowner three days to cancel a contract in some
cases once it is signed if the transaction uses equity in the home as security.
Recording Fees
Money paid to the lender for recording a home sale with the local authorities,
thereby making it part of the public records.
Refinance
Obtaining a new mortgage loan on a property already owned. Often to replace
existing loans on the property.
Renegotiable Rate Mortgage
A loan in which the interest rate is adjusted periodically. See adjustable
rate mortgage.
RESPA
Short for the Real Estate Settlement Procedures Act. RESPA is a federal
law that allows consumers to review information on known or estimated settlement
cost once after application and once prior to or at a settlement. The law
requires lenders to furnish the information after application only.
Restrictive Covenants
Private restrictions limiting the use of real property. They are created
by deed and may “run with the land”, or may be “personal” and
binding only between the original seller and buyer. The determination whether
a covenant runs with the land or is personal is governed by the language
of the covenant, the intent of the parties, and the State. Covenants that
run with the land are encumbrances and may affect the value and marketability
of title. Restrictive covenants may limit the density of buildings per acre,
regulate size, style or price range of buildings to be erected, or prevent
businesses from operating.
Reverse Annuity Mortgage (RAM)
A form of mortgage in which the lender makes periodic payments to the
Borrower using the Borrower's equity in the home as collateral for and repayment
of the loan.
Revolving Liability
A credit arrangement, such as a credit card, that allows a customer to
borrow against a pre-approved line of credit when purchasing goods and services.
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Satisfaction of Mortgage
The document issued by the mortgagee when the mortgage loan is paid in
full. Also called a "release of mortgage."
Second Mortgage
A mortgage made subsequent to another mortgage and subordinate to the
first one.
Secondary Mortgage Market
The place where primary mortgage lenders sell the mortgages they make
to obtain more funds to originate more new loans. It provides liquidity for
the lenders.
Security
The property that will be pledged as collateral for a loan.
Seller Carry-back
An agreement in which the Owner of a property provides financing, often
in combination with an assumable mortgage. 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
All the steps and operations a lender performs to keep a loan in good
standing, such as collection of payments, payment of taxes, insurance, property
inspections and the like.
Settlement/Settlement Costs
See closing/closing costs
Shared Appreciation Mortgage (SAM)
A mortgage in which a Borrower receives a below-market interest rate
in return for which the lender (or another investor such as a family member
or other partner) receives a portion of the future appreciation in the value
of the property. May also apply to mortgage where the Borrowers shares the
monthly principal and interest payments with another party in exchange for
part of the appreciation.
Simple Interest
Interest which is computed only on the principle balance.
Special Lien
A lien that binds a specified piece of property, unlike a general lien
which is levied against all one’s assets. It creates a right to retain
something of value belonging to another person, as compensation for labor,
material, or money expended in that person’s behalf. In come localities
it is called
“particular” lien or “specific” lien.
Special Warranty Deed
A deed in which the grantor conveys title to the grantee and agrees to
protect the grantee against title defects. In a special warranty deed, the
grantor guarantees to the grantee that he has done nothing during the time
he held the title to the property which has or which might in the future,
impair the grantee’s title.
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.
Step-Rate Mortgage
A mortgage that allows for the interest rate to increase according to
a specified schedule (i.e., seven years), resulting in increased payments
as well. At the end of the specified period, the rate and payments will remain
constant for the remainder of the loan.
Survey
A measurement of land, prepared by a registered land surveyor, showing
the location of the land with reference to known points, its dimensions,
and the location and dimensions of any buildings.
Sweat Equity
Equity created by a purchaser performing work on a property being purchased.
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Third-party Origination
When a lender uses another party to completely or partially originate,
process, underwrite, close, fund, or package the mortgages it plans to deliver
to the secondary mortgage market.
Title
A document that gives evidence of an individual's Ownership of property.
Title Insurance
A policy, usually issued by a title insurance company, which insures
a home Buyer against errors in the title search. The cost of the policy is
usually a function of the value of the property, and is often borne by the
purchaser and/or Seller. Policies are also available to protect the lender's
interests.
Title Search
An examination of municipal records to determine the legal Ownership
of property. Usually is performed by a title company.
Total Expense Ratio
Total obligations as a percentage of gross monthly income including monthly
housing expenses plus other monthly debts.
Trustee
A party given legal responsibility to hold property in the best interest
of another. The trustee is placed in a position of responsibility for another,
a responsibility enforceable in a court of law.
Truth-In-Lending
A federal law requiring disclosure of the Annual Percentage Rate to home
Buyers shortly after they apply for the loan. Also known as Regulation Z.
Two-Step Mortgage
A mortgage in which the Borrower receives a below-market interest rate
for a specified number of years (most often seven or 10), and then receives
a new interest rate adjusted (within certain limits) to market conditions
at that time. The lender sometimes has the option to call the loan due with
30 days notice at the end of seven or 10 years. Also called "Super Seven"
or "Premier" mortgage.
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Underwriting
The decision whether to make a loan to a potential home Buyer based on
credit, employment, assets, and other factors and the matching of this risk
to an appropriate rate and term or loan amount.
Usury
Interest charged in excess of the legal rate established by law.
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VA Loan
A long-term, low- or no-down payment loan guaranteed by the Department
of Veterans Affairs. Restricted to individuals qualified by military service
or other entitlements.
VA Mortgage Funding Fee
A premium of up to 1-7/8 percent (depending on the size of the down payment)
paid on a VA-backed loan. On a $75,000 fixed-rate mortgage with no down payment,
this would amount to $1,406 either paid at closing or added to the amount
financed.
Variable Rate Mortgage (VRM)
See adjustable rate mortgage
Verification of Deposit (VOD)
A document signed by the Borrower's financial institution verifying the
status and balance of his/her financial accounts.
Verification of Employment (VOE)
A document signed by the Borrower's employer verifying his/her position
and salary.
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Warehouse Fee
Many mortgage firms must borrow funds on a short-term basis in order
to originate loans, which are to be sold later in the secondary mortgage
market (or to investors). When the prime rate of interest is higher on short-term
loans than on mortgage loans, the mortgage firm has an economic loss, which
is offset by charging a warehouse fee.
Wraparound mortgage
Results when an existing assumable loan is combined with a new loan,
resulting in an interest rate somewhere between the old rate and the current
market rate. The payments are made to a second lender or the previous homeowner,
who then forwards the payments to the first lender after taking the additional
amount off the top.
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Writ of Execution
A court order instructing an officer of the court to carry out the decision
of the court, such as the selling of foreclosed property or the removal
of a tenant at sufferance.
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X Mark
A notation made by an individual who has not learned to write or is paralyzed,
to show intent to sign an instrument such as a deed or will. In regard to
the conveyance of real property, such a handicapped grantor would be required
to make such a mark or at least a thumbprint which manifests intent to sign.
Both the marking and the statement or declaration of intent by the grantor
would need to be witnessed.
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Yard
The portion of a lot not occupied by a building. Minimum yard requirements
are included in most zoning ordinances.
Yield
The interest earned or return by an investor on an investment, stated as
a percentage of the amount invested.
Yield To Maturity
The annual return on an investment equal to the annual interest rate plus
or minus the discounted gain
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Zero Lot LIne
A form of cluster housing development in which individual
dwelling units are placed on separately platted lots. They may be attached
to one another, but not necessarily.
ZONE
A
n area set off by local ordinance for specific use, subject to certain
restrictions or conditions.
ZONING
A legal mechanism for local governments to regulate the use of privately
owned real property by specific application of police power to prevent
conflicting land uses and promote orderly development.
ZONING MAP
A map of the local jurisdiction that indicates current zoning
designations.
ZONING ORDINANCE
An
act of city or county or other authorities specifying the
type of use to which property may be put in specific areas
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