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Mortgage
Glossary |
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acceleration clause
A provision in a mortgage that gives the lender the right
to demand payment of the entire principal balance if a monthly
payment is missed
acceptance
An offerees consent to enter into a contract and be
bound by the terms of the offer.
additional principal payment
A payment by a borrower of more than the scheduled principal amount
due in order to reduce the remaining balance on the loan.
adjustable-rate mortgage (ARM)
A mortgage that permits the lender to adjust its interest rate periodically
on the basis of changes in a specified index.
adjusted basis
The original cost of a property plus the value of any capital expenditures
for improvements to the property minus any depreciation taken.
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).
administrator
A person appointed by a probate court to administer the estate of a
person who died intestate.
affordability analysis
A detailed analysis of your ability to afford the purchase of a home.
An affordability analysis takes into consideration your income, liabilities,
and available funds, along with the type of mortgage you plan to use,
the area where you want to purchase a home, and the closing costs that
you might expect to pay.
amenity
A feature of real property that enhances its attractiveness and increases
the occupants or users satisfaction although the feature
is not essential to the propertys use. Natural amenities include
a pleasant or desirable location near water, scenic views of the surrounding
area, etc. Human-made amenities include swimming pools, tennis courts,
community buildings, and other recreational facilities.
amortization
The gradual repayment of a mortgage loan by installments.
Amortization schedule
A timetable for payment of a mortgage loan. An amortization schedule
shows the amount of each payment applied to interest and principal and
shows the remaining balance after each payment is made.
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.
amortize
To repay a mortgage with regular payments that cover both principal
and interest.
annual mortgagor statement
A report sent to the mortgagor each year. The report shows how much
was paid in taxes and interest during the year, as well as the remaining
mortgage loan balance at the end of the year.
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).
annuity
An amount paid yearly or at other regular intervals, often on a guaranteed
dollar basis.
application
A form used to apply for a mortgage loan and to record pertinent information
concerning a prospective mortgagor and the proposed security.
appraisal
A written analysis of the estimated value of a property prepared by
a qualified appraiser. Contrast with home inspection.
appraised value
An opinion of a property's fair market value, based on an appraiser's
knowledge, experience, and analysis of the property.
appraiser
A person qualified by education, training, and experience to estimate
the value of real property and personal property.
appreciation
An increase in the value of a property due to changes in market conditions
or other causes. The opposite of depreciation.
assessed value
The valuation placed on property by a public tax assessor for purposes
of taxation.
assessment
The process of placing a value on property for the strict purpose of
taxation. May also refer to a levy against property for a special purpose,
such as a sewer assessment.
assessment rolls
The public record of taxable property.
assessor
A public official who establishes the value of a property for taxation
purposes.
asset
Anything of monetary value that is owned by a person. Assets include
real property, personal property, and enforceable claims against others
(including bank accounts, stocks, mutual funds, and so on).
assignment
The transfer of a mortgage from one person to another.
assumable mortgage
A mortgage that can be taken over ("assumed") by the buyer
when a home is sold.
assumption
The transfer of the sellers existing mortgage to the buyer. See
assumable mortgage.
assumption clause
A provision in an assumable mortgage that allows a buyer to assume responsibility
for the mortgage from the seller. The loan does not need to be paid
in full by the original borrower upon sale or transfer of the property.
assumption fee
The fee paid to a lender (usually by the purchaser of real property)
resulting from the assumption of an existing mortgage.
attorney-in-fact
One who holds a power of attorney from another to execute documents
on behalf of the grantor of the power.
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balance sheet
A financial statement that shows assets, liabilities, and net worth
as of a specific date. This is generally needed to underwrite people
who are self-employed.
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. Usually, at least 2 years must elapse
from the discharge of the bankruptcy before lenders will consider making
a loan to someone who had declared bankruptcy.
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. Usually, at least 2 years must elapse from the discharge
of the bankruptcy before lenders will consider making a loan to someone
who had declared bankruptcy.
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.
bequeath
To transfer personal property through a will.
betterment
An improvement that increases property value as distinguished from repairs
or replacements that simply maintain value.
bill of sale
A written document that transfers title to personal property.
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 borrowers bank
account. The result for the borrower is a substantial savings in interest.
blanket insurance policy
A single policy that covers more than one piece of property (or more
than one person). blanket mortgage The mortgage that is secured by a
cooperative project, as opposed to the share loans on individual units
within the project.
bona fide
In good faith, without fraud.
bond
An interest-bearing certificate of debt with a maturity date. An obligation
of a government or business corporation. A real estate bond is a written
obligation usually secured by a mortgage or a deed of trust.
breach
A violation of any legal obligation.
bridge loan
A form of second trust that is collateralized by the borrower's present
home (which is usually for sale) in a manner that allows the proceeds
to be used for closing on a new house before the present home is sold.
Also known as "swing loan."
broker
A person who, for a commission or a fee, brings parties together and
assists in negotiating contracts between them. See mortgage broker.
budget
A detailed plan of income and expenses expected over a certain period
of time. A budget can provide guidelines for managing future investments
and expenses.
budget category
A category of income or expense data that you can use in a budget. You
can also define your own budget categories and add them to some or all
of the budgets you create. "Rent" is an example of an expense
category. "Salary" is a typical income category.
building code
Local regulations that control design, construction, and materials used
in construction. Building codes are based on safety and health standards.
buydown account
An account in which funds are held so that they can be applied as part
of the monthly mortgage payment as each payment comes due during the
period that an interest rate buydown plan is in effect.
buydown mortgage
A temporary buydown is a mortgage on which an initial lump sum payment
is made by any party to reduce a borrowers monthly payments during
the first few years of a mortgage. A permanent buydown reduces the interest
rate over the entire life of a mortgage.
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call option
A provision in the mortgage that gives the mortgagee the right to call
the mortgage due and payable at the end of a specified period for whatever
reason.
cap
A provision of an adjustable-rate mortgage (ARM) that limits how much
the interest rate or mortgage payments may increase or decrease. See
lifetime payment cap, lifetime rate cap, periodic payment cap, and periodic
rate cap.
capital
(1) Money used to create income, either as an investment in a business
or an income property. (2) The money or property comprising the wealth
owned or used by a person or business enterprise. (3) The accumulated
wealth of a person or business. (4) The net worth of a business represented
by the amount by which its assets exceed liabilities.
capital expenditure
The cost of an improvement made to extend the useful life of a property
or to add to its value.
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 document written by a bank or other financial institution that is
evidence of a deposit, with the issuers promise to return the
deposit plus earnings at a specified interest rate within a specified
time period.
certificate of deposit
index
An index that is used to determine interest rate changes for certain
ARM plans. It represents the weekly average of secondary market interest
rates on six-month negotiable certificates of deposit. See adjustable-rate
mortgage (ARM).
Certificate of Eligibility
A document issued by the federal government certifying a veterans
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).
chattel
Another name for personal property.
clear title
A title that is free of liens or legal questions as to ownership of
the property.
closing
A meeting at which a sale of a property is finalized by the buyer signing
the mortgage documents and paying closing costs. Also called "settlement."
closing cost item
A fee or amount that a home buyer must pay at closing for a single service,
tax, or product. Closing costs are made up of individual closing cost
items such as origination fees and attorney's fees. Many closing cost
items are included as numbered items on the HUD-1 statement.
closing costs
Expenses (over and above the price of the property) incurred by buyers
and sellers in transferring ownership of a property. Closing costs normally
include an origination fee, an attorney's fee, taxes, an amount placed
in escrow, and charges for obtaining title insurance and a survey. Closing
costs percentage will vary according to the area of the country; lenders
or realtors often provide estimates of closing costs to prospective
homebuyers.
closing statement
See HUD-1 statement.
cloud on title
Any conditions revealed by a title search that adversely affect the
title to real estate. Usually clouds on title cannot be removed except
by a quitclaim deed, release, or court action.
coinsurance
A sharing of insurance risk between the insurer and the insured. Coinsurance
depends on the relationship between the amount of the policy and a specified
percentage of the actual value of the property insured at the time of
the loss.
coinsurance clause
A provision in a hazard insurance policy that states the amount of coverage
that must be maintained -- as a percentage of the total value of the
property -- for the insured to collect the full amount of a loss.
collateral
An asset (such as a car or a home) that guarantees the repayment of
a loan. The borrower risks losing the asset if the loan is not repaid
according to the terms of the loan contract.
collection
The efforts used to bring a delinquent mortgage current and to file
the necessary notices to proceed with foreclosure when necessary.
co-maker
A person who signs a promissory note along with the borrower. A co-maker's
signature guarantees that the loan will be repaid, because the borrower
and the co-maker are equally responsible for the repayment. See endorser.
commission
The fee charged by a broker or agent for negotiating a real estate or
loan transaction. A commission is generally a percentage of the price
of the property or loan.
commitment letter
A formal offer by a lender stating the terms under which it agrees to
lend money to a home buyer. Also known as a "loan commitment."
common area assessments
Levies against individual unit owners in a condominium or planned unit
development (PUD) project for additional capital to defray homeowners'
association costs and expenses and to repair, replace, maintain, improve,
or operate the common areas of the project.
common areas
Those portions of a building, land, and amenities owned (or managed)
by a planned unit development (PUD) or condominium project's 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.
common law
An unwritten body of law based on general custom in England and used
to an extent in the United States.
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 Land Trust
Mortgage Loan
An alternative financing option that enables low- and moderate-income
home buyers to purchase housing that has been improved by a nonprofit
Community Land Trust and to lease the land on which the property stands.
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.
Community Seconds®
An alternative financing option for low- and moderate-income households
under which an investor purchases a first mortgage that has a subsidized
second mortgage behind it. The second mortgage may be issued by a state,
county, or local housing agency, foundation, or nonprofit organization.
Payment on the second mortgage is often deferred and carries a very
low interest rate (or no interest rate at all). Part of the debt may
be forgiven incrementally for each year the buyer remains in the home.
comparables
An abbreviation for "comparable properties"; used for comparative
purposes in the appraisal process. Comparables are properties like the
property under consideration; they have reasonably the same size, location
, and amenities and have recently been sold. Comparables help the appraiser
determine the approximate fair market value of the subject property.
compound interest
Interest paid on the original principal balance and on the accrued and
unpaid interest. condemnation The determination that a building is not
fit for use or is dangerous and must be destroyed; the taking of private
property for a public purpose through an exercise of the right of eminent
domain.
condominium
A real estate project in which each unit owner has title to a unit in
a building, 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.
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.
Contrast with government mortgage.
convertibility clause
A provision in some adjustable-rate mortgages (ARMs) that allows the
borrower to change the ARM to a fixed-rate mortgage at specified timeframes
after loan origination.
convertible ARM
An adjustable-rate mortgage (ARM) that can be converted to a fixed-rate
mortgage under specified conditions.
cooperative (co-op)
A type of multiple ownership in which the residents of a multiunit housing
complex own shares in the cooperative corporation that owns the property,
giving each resident the right to occupy a specific apartment or unit.
cooperative corporation
A business trust entity that holds title to a cooperative project and
grants occupancy rights to particular apartments or units to shareholders
through proprietary leases or similar arrangements.
cooperative mortgages
Mortgages related to a cooperative project. This usually refers to the
multifamily mortgage covering the entire project but occasionally describes
the share loans on the individual units.
cooperative project
A residential or mixed-use building wherein a corporation or trust holds
title to the property and sells shares of stock representing the value
of a single apartment unit to individuals who, in turn, receive a proprietary
lease as evidence of title.
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. See adjustable-rate
mortgage (ARM).
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 life insurance
A type of insurance often bought by mortgagors because it will pay off
the mortgage debt if the mortgagor dies while the policy is in force.
creditor
A person to whom money is owed.
credit report
A report of an individual's credit history prepared by a credit bureau
and used by a lender in determining a loan applicant's creditworthiness.
See merged credit report.
credit repository
An organization that gathers, records, updates, and stores financial
and public records information about the payment records of individuals
who are being considered for credit.
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debt
An amount owed to another. See installment loan and revolving liability.
deed
The legal document conveying title to a property.
deed-in-lieu
A deed given by a mortgagor to the mortgagee to satisfy a debt and avoid
foreclosure. Also called a "voluntary conveyance."
deed of trust
The document used in some states instead of a mortgage; title is conveyed
to a trustee.
default
Failure to make mortgage payments on a timely basis or to comply with
other requirements of a mortgage.
delinquency
Failure to make mortgage payments when mortgage payments are due.
deposit
A sum of money given to bind the sale of real estate, or a sum of money
given to ensure payment or an advance of funds in the processing of
a loan. See earnest money deposit.
depreciation
A decline in the value of property; the opposite of appreciation.
discount points
See point.
dower
The part or interest of a deceased man's real property allotted by law
to his widow for her lifetime.
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.
due-on-transfer provision
This terminology is usually used for second mortgages. See due-on-sale
provision. .
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earnest money deposit
A deposit made by the potential home buyer to show that he or she is
serious about buying the house.
easement
A right of way giving persons other than the owner access to or over
a property.
effective age
An appraisers 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.
Employer-assisted housing
A special Fannie Mae housing initiative that offers several different
ways for employers to work with local lenders to develop plans to assist
their employees in purchasing homes.
encroachment
An improvement that intrudes illegally on anothers property.
encumbrance
Anything that affects or limits
the fee simple title to a property, such as mortgages, leases, easements,
or restrictions.
endorser
A person who signs 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 borrowers 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 borrowers 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 mortgagors 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.
exclusive listing
A written contract that gives a licensed real estate agent the exclusive
right to sell a property for a specified time, but reserving the owners
right to sell the property alone without the payment of a commission.
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.
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Fair Credit Reporting
Act
A consumer protection law that regulates
the disclosure of consumer credit reports by consumer/credit reporting
agencies and establishes procedures for correcting mistakes on one's
credit record.
fair market value
The highest price that a buyer, willing but not compelled to buy, would
pay, and the lowest a seller, willing but not compelled to sell, would
accept.
Fannie Mae
A congressionally chartered, shareholder-owned company that is the nation's
largest supplier of home mortgage funds.
Fannie Mae's Community
Home Buyer's Program
An income-based community lending model, under which mortgage insurers
and Fannie Mae offer flexible underwriting guidelines to increase a
low- or moderate-income family's buying power and to decrease the total
amount of cash needed to purchase a home. Borrowers who participate
in this model are required to attend pre-purchase home-buyer education
sessions.
Fannie 97®
A financing option for a fixed-rate mortgage that offers home buyers
a 3 percent down payment loan with either a 25- or 30-year term. The
mortgage features a loan-to-value (LTV) percentage of 97 percent, and
is designed to expand homeownership opportunities for people with modest
incomes. Borrowers must take a pre-purchase home-buyer education session
to qualify for a Fannie 97 mortgage.
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 coinsured mortgage
A mortgage (under FHA Section 244) for which the Federal Housing Administration
(FHA) and the originating lender share the risk of loss in the event
of the mortgagor's default.
FHA mortgage
A mortgage that is insured by the Federal Housing Administration (FHA).
Also known as a government mortgage.
finder's fee
A fee or commission paid to a mortgage broker for finding a mortgage
loan for a prospective borrower.
firm commitment
A lenders 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 installment
The monthly payment due on a mortgage loan. The fixed installment includes
payment of both principal and interest. 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.
forfeiture
The loss of money, property, rights, or privileges due to a breach of
legal obligation.
401(k)/403(b)
An employer-sponsored investment plan that allows individuals to set
aside tax-deferred income for retirement or emergency purposes. 401(k)
plans are provided by employers that are private corporations. 403(b)
plans are provided by employers that are not for profit organizations.
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 -- monies must be repaid
to avoid serious penalty charges.
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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government mortgage
A mortgage that is insured by the Federal Housing Administration (FHA)
or guaranteed by the Department of Veterans Affairs (VA) or the Rural
Housing Service (RHS). Contrast with conventional mortgage.
Government National Mortgage
Association
A government-owned corporation within the U.S. Department of Housing
and Urban Development (HUD). Created by Congress on September 1, 1968,
GNMA assumed responsibility for the special assistance loan program
formerly administered by Fannie Mae. Popularly known as Ginnie Mae.
grantee
The person to whom an interest in real property is conveyed.
grantor
The person conveying an interest in real property.
ground rent
The amount of money that is paid for the use of land when title to a
property is held as a leasehold estate rather than as a fee simple estate.
group home
A single-family residential structure designed or adapted for occupancy
by unrelated developmentally disabled persons. The structure provides
long-term housing and support services that are residential in nature.
growing-equity mortgage
(GEM)
A fixed-rate mortgage that provides scheduled payment increases over
an established period of time, with the increased amount of the monthly
payment applied directly toward reducing the remaining balance of the
mortgage.
guarantee mortgage
A mortgage that is guaranteed by a third party.
guaranteed loan
Also known as a government mortgage.
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hazard insurance
Insurance coverage that compensates
for physical damage to a property from fire, wind, vandalism, or other
hazards.
Home Equity Conversion
Mortgage (HECM)
A special type of mortgage that enables older home owners to convert
the equity they have in their homes into cash, using a variety of payment
options to address their specific financial needs. 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.
Sometimes called a reverse mortgage.
home equity line of
credit
A mortgage loan, which is usually in a subordinate position, that allows
the borrower to obtain multiple advances of the loan proceeds at his
or her own discretion, up to an amount that represents a specified percentage
of the borrower's equity in a property.
home inspection
A thorough inspection that evaluates the structural and mechanical condition
of a property. A satisfactory home inspection is often included as a
contingency by the purchaser. Contrast with appraisal.
HomeKeeperSM
Fannie Mae's adjustable-rate conventional reverse mortgage, which allows
older homeowners to borrow against the value of their homes and receive
the proceeds according to the payment option they select. The amount
available is based on the number of borrowers and their ages and the
adjusted property value. Anyone 62 years or older who either owns his
or her own home free and clear or has very low mortgage debt is eligible.
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
(HOW)
A type of insurance that covers repairs to specified parts of a house
for a specific period of time. It is provided by the builder or property
seller as a condition of the sale.
HomeStyle® Mortgage Loan
A mortgage that enables eligible borrowers to obtain financing to remodel,
repair, and upgrade their existing homes or homes that they are purchasing.
The financing takes the form of a conventional second mortgage or a
Federal Housing Administration (FHA) Section 203(k) first mortgage.
housing expense ratio
The percentage of gross monthly income that goes toward paying housing
expenses.
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 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. The blank form
for the statement is published by the Department of Housing and Urban
Development (HUD). The HUD-1 statement is also known as the "closing
statement" or "settlement sheet."
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income property
Real estate developed or improved to produce income.
index
A number used to compute the interest rate for an adjustable-rate mortgage
(ARM). The index is generally a published number or percentage, such
as the average interest rate or yield on Treasury bills. A margin is
added to the index to determine the interest rate that will be charged
on the ARM. This interest rate is subject to any caps that are associated
with the mortgage.
in-file credit report
An objective account, normally computer-generated, of credit and legal
information obtained from a credit repository.
inflation
An increase in the amount of money or credit available in relation to
the amount of goods or services available, which causes an increase
in the general price level of goods and services. Over time, inflation
reduces the purchasing power of a dollar, making it worth less.
initial interest rate
The original interest rate of the mortgage at the time of closing. This
rate changes for an adjustable-rate mortgage (ARM). Sometimes known
as "start rate" or "teaser."
installment
The regular periodic payment that a borrower agrees to make to a lender.
installment loan
Borrowed money that is repaid in equal payments, known as installments.
A furniture loan is often paid for as an installment loan.
insurable title
A property title that a title insurance company agrees to insure against
defects and disputes.
insurance
A contract that provides compensation for specific losses in exchange
for a periodic payment. An individual contract is known as an insurance
policy, and the periodic payment is known as an insurance premium.
insurance binder
A document that states that insurance is temporarily in effect. Because
the coverage will expire by a specified date, a permanent policy must
be obtained before the expiration date.
insured mortgage
A mortgage that is protected by the Federal Housing Administration (FHA)
or by private mortgage insurance (MI). If the borrower defaults on the
loan, the insurer must pay the lender the lesser of the loss incurred
or the insured amount.
interest
The fee charged for borrowing money.
interest accrual rate
The percentage rate at which interest accrues on the mortgage. In most
cases, it is also the rate used to calculate the monthly payments, although
it is not used for an adjustable-rate mortgage (ARM) with payment change
limitations.
interest rate
The rate of interest in effect for the monthly payment due.
interest rate buydown
plan
An arrangement wherein the property seller (or any other party) deposits
money to an account so that it can be released each month to reduce
the mortgagor's monthly payments during the early years of a mortgage.
During the specified period, the mortgagor's effective interest rate
is "bought down" below the actual interest rate.
interest rate ceiling
For an adjustable-rate mortgage (ARM), the maximum interest rate, as
specified in the mortgage note.
interest rate floor
For an adjustable-rate mortgage (ARM), the minimum interest rate, as
specified in the mortgage note.
investment property
A property that is not occupied by the owner.
IRA (Individual Retirement
Account)
A retirement account that allows individuals to make tax-deferred contributions
to a personal retirement fund. Individuals can place IRA funds in bank
accounts or in other forms of investment such as stocks, bonds, or mutual
funds.
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joint tenancy
A form of co-ownership that gives each tenant equal interest and equal
rights in the property, including the right of survivorship.
judgment
A decision made by a court of law. In judgments that require the repayment
of a debt, the court may place a lien against the debtor's real property
as collateral for the judgment's creditor.
judgment lien
A lien on the property of a debtor resulting from the decree of a court.
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.
jumbo loan
A loan that exceeds Fannie Maes legislated mortgage amount limits.
Also called a nonconforming loan.
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late charge
The penalty a borrower must pay when a payment is made a stated number
of days (usually 15) after the due date.
lease
A written agreement between the property owner and a tenant that stipulates
the conditions under which the tenant may possess the real estate for
a specified period of time and rent.
leasehold estate
A way of holding title to a property wherein the mortgagor does not
actually own the property but rather has a recorded long-term lease
on it.
lease-purchase mortgage
loan
An alternative financing option that allows low- and moderate-income
home buyers to lease a home from a nonprofit organization 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 is earmarked for deposit to a savings account in which money for
a downpayment will accumulate.
legal description
A property description, recognized by law, that is sufficient to locate
and identify the property without oral testimony.
liabilities
A person's financial obligations. Liabilities include long-term and
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.
lien
A legal claim against a property that must be paid off when the property
is sold.
lifetime payment cap
For an adjustable-rate mortgage (ARM), a limit on the amount that payments
can increase or decrease over the life of the mortgage. See cap.
lifetime rate cap
For an adjustable-rate mortgage (ARM), a limit on the amount that the
interest rate can increase or decrease over the life of the loan. See
cap.
line of credit
An agreement by a commercial bank or other financial institution to
extend credit up to a certain amount for a certain time to a specified
borrower. See home equity line of credit.
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 commitment
See commitment letter.
loan origination
The process by which a mortgage lender brings into existence a mortgage
secured by real property.
loan-to-value (LTV)
percentage
The relationship between the principal balance of the mortgage and the
appraised value (or sales price if it is lower) of the property. For
example, a $100,000 home with an $80,000 mortgage has a LTV percentage
of 80 percent.
lock-in
A written agreement in which the lender guarantees a specified interest
rate if a mortgage goes to closing within a set period of time. The
lock-in also usually specifies the number of points to be paid at closing.
lock-in period
The time period during which the lender has guaranteed an interest rate
to a borrower. See lock-in.
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margin
For an adjustable-rate mortgage (ARM),
the amount that is added to the index to establish the interest rate
on each adjustment date, subject to any limitations on the interest
rate change.
master association
A homeowners' association in a large condominium or planned unit development
(PUD) project that is made up of representatives from associations covering
specific areas within the project. In effect, it is a "second-level"
association that handles matters affecting the entire development, while
the "first-level" associations handle matters affecting their
particular portions of the project.
maturity
The date on which the principal balance of a loan, bond, or other financial
instrument becomes due and payable.
maximum financing
A mortgage amount that is within 5 percent of the highest loan-to-value
(LTV) percentage allowed for a specific product. Thus, maximum financing
on a fixed-rate mortgage would be 90 percent or higher, because 95 percent
is the maximum allowable LTV percentage for that product.
merged credit report
A credit report that contains information from three credit repositories.
When the report is created, the information is compared for duplicate
entries. Any duplicates are combined to provide a summary of your credit.
modification
The act of changing any of the terms of the mortgage.
money market account
A savings account that provides bank depositors with many of the advantages
of a money market fund. Certain regulatory restrictions apply to the
withdrawal of funds from a money market account.
money market fund
A mutual fund that allows individuals to participate in managed investments
in short-term debt securities, such as certificates of deposit and Treasury
bills.
monthly fixed installment
That portion of the total monthly payment that is applied toward principal
and interest. When a mortgage negatively amortizes, the monthly fixed
installment does not include any amount for principal reduction.
monthly payment mortgage
A mortgage that requires payments to reduce the debt once a month.
mortgage
A legal document that pledges a property to the lender as security for
payment of a debt.
mortgage banker
A company that originates mortgages exclusively for resale in the secondary
mortgage market.
mortgage broker
An individual or company that brings borrowers and lenders together
for the purpose of loan origination. Mortgage brokers typically require
a fee or a commission for their services.
mortgagee
The lender in a mortgage agreement.
mortgage insurance
A contract that insures the lender against loss caused by a mortgagor's
default on a government mortgage or conventional mortgage. Mortgage
insurance can be issued by a private company or by a government agency
such as the Federal Housing Administration (FHA). Depending on the type
of mortgage insurance, the insurance may cover a percentage of or virtually
all of the mortgage loan. See private mortgage insurance (MI).
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 insurance
A type of term life insurance often bought by mortgagors. The amount
of coverage decreases as the principal balance declines. In the event
that the borrower dies while the policy is in force, the debt is automatically
satisfied by insurance proceeds.
mortgagor
The borrower in a mortgage agreement.
multidwelling units
Properties that provide separate housing units for more than one family,
although they secure only a single mortgage.
multifamily mortgage
A residential mortgage on a dwelling that is designed to house more
than four families, such as a high-rise apartment complex.
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negative amortization
A gradual increase in mortgage debt
that occurs when the monthly payment is not large enough to cover the
entire principal and interest due. The amount of the shortfall is added
to the remaining balance to create "negative" amortization.
net cash flow
The income that remains for an investment property after the monthly
operating income is reduced by the monthly housing expense, which includes
principal, interest, taxes, and insurance (PITI) for the mortgage, homeowners'
association dues, leasehold payments, and subordinate financing payments.
net worth
The value of all of a person's assets, including cash, minus all liabilities.
no cash-out refinance
A refinance transaction in which the new mortgage amount is limited
to the sum of the remaining balance of the existing first mortgage,
closing costs (including prepaid items), points, the amount required
to satisfy any mortgage liens that are more than one year old (if the
borrower chooses to satisfy them), and other funds for the borrower's
use (as long as the amount does not exceed 1 percent of the principal
amount of the new mortgage).
nonliquid asset
An asset that cannot easily be converted into cash.
note
A legal document that obligates a borrower to repay a mortgage loan
at a stated interest rate during a specified period of time.
note rate
The interest rate stated on a mortgage note.
notice of default
A formal written notice to a borrower that a default has occurred and
that legal action may be taken.
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original principal balance
The total amount of principal owed on a mortgage before any payments
are made.
origination fee
A fee paid to a lender for processing a loan application. The origination
fee is stated in the form of points. One point is 1 percent of the mortgage
amount.
owner financing
A property purchase transaction in which the property seller provides
all or part of the financing.
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partial payment
A payment that is not sufficient
to cover the scheduled monthly payment on a mortgage loan.
payment change date
The date when a new monthly payment amount takes effect on an adjustable-rate
mortgage (ARM) or a graduated-payment adjustable-rate mortgage (GPARM).
Generally, the payment change date occurs in the month immediately after
the adjustment date.
payment cap
For an adjustable-rate mortgage (ARM), a limit on the amount that payments
can increase or decrease during any one adjustment period. See cap.
periodic rate cap
For an adjustable-rate mortgage (ARM), a limit on the amount that the
interest rate can increase or decrease during any one adjustment period,
regardless of how high or low the index might be. See cap.
personal property
Any property that is not real property.
PITI 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.
point
A one-time charge by the lender for originating a loan. A point is 1
percent of the amount of the mortgage.
power of attorney
A legal document that authorizes another person to act on ones
behalf. A power of attorney can grant complete authority or can be limited
to certain acts and/or certain periods of time.
prearranged refinancing
agreement
A formal or informal arrangement between a lender and a borrower wherein
the lender agrees to offer special terms (such as a reduction in the
costs) for a future refinancing of a mortgage being originated as an
inducement for the borrower to enter into the original mortgage transaction.
preforeclosure sale
A procedure in which the investor allows a mortgagor to avoid foreclosure
by selling the property for less than the amount that is owed to the
investor.
prepayment
Any amount paid to reduce the principal balance of a loan before the
due date. Payment in full on a mortgage that may result from a sale
of the property, the owner's decision to pay off the loan in full, or
a foreclosure. In each case, prepayment means payment occurs before
the loan has been fully amortized.
prepayment penalty
A fee that may be charged to a borrower who pays off a loan before it
is due.
pre-qualification
The process of determining how much money a prospective home buyer will
be eligible to borrow before he or she applies for a loan.
prime rate
The interest rate that banks charge to their preferred customers. Changes
in the prime rate influence changes in other rates, including mortgage
interest rates.
principal
The amount borrowed or remaining unpaid. The part of the monthly payment
that reduces the remaining balance of a mortgage.
principal balance
The outstanding balance of principal on a mortgage. The principal balance
does not include interest or any other charges. See remaining balance.
principal, interest,
taxes, and insurance (PITI)
The four components of a monthly mortgage payment. Principal refers
to the part of the monthly payment that reduces the remaining balance
of the mortgage. Interest is the fee charged for borrowing money. Taxes
and insurance refer to the amounts that are paid into an escrow account
each month for property taxes and mortgage and hazard insurance.
private mortgage insurance
(MI)
Mortgage insurance that is provided by a private mortgage insurance
company to protect lenders against loss if a borrower defaults. Most
lenders generally require MI for a loan with a loan-to-value (LTV) percentage
in excess of 80 percent.
promissory note
A written promise to repay a specified amount over a specified period
of time.
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.
purchase and sale agreement
A written contract signed by the buyer and seller stating the terms
and conditions under which a property will be sold.
purchase money transaction
The acquisition of property through the payment of money or its equivalent.
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qualifying ratios
Calculations that are used in determining whether a borrower can qualify
for a mortgage. They consist of two separate calculations: 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 without warranty whatever interest or title a
grantor may have at the time the conveyance is made.
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radon
A radioactive gas found in some homes that in sufficient concentrations
can cause health problems.
rate-improvement mortgage
A fixed-rate mortgage that includes a provision that gives the borrower
a one-time option to reduce the interest rate (without refinancing)
during the early years of the mortgage term.
rate lock
A commitment issued by a lender to a borrower or other mortgage originator
guaranteeing a specified interest rate for a specified period of time.
See lock-in.
real estate agent
A person licensed to negotiate and transact the sale of 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.
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 broker or an associate who holds active membership in
a local real estate board that is affiliated with the National Association
of Realtors.
recission
The cancellation or annulment of a transaction or contract by the operation
of a law or by mutual consent. Borrowers usually have the option to
cancel a refinance transaction within three business days after it has
closed.
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."
recording
The noting in the registrars office of the details of a properly
executed legal document, such as a deed, a mortgage note, a satisfaction
of mortgage, or an extension of mortgage, thereby making it a part of
the public record.
refinance transaction
The process of paying off one loan with the proceeds from a new loan
using the same property as security.
rehabilitation mortgage
A mortgage created to cover the costs of repairing, improving, and sometimes
acquiring an existing property.
remaining balance
The amount of principal that has not yet been repaid. See principal
balance.
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.
rent with option to buy
See lease-purchase mortgage loan.
repayment plan
An arrangement made to repay delinquent installments or advances. Lenders'
formal repayment plans are called "relief provisions."
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.
revolving liability
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.
Rural Housing Service
(RHS)
An agency within the Department of Agriculture, which operates principally
under the Consolidated Farm and Rural Development Act of 1921 and Title
V of the Housing Act of 1949. This agency provides financing to farmers
and other qualified borrowers buying property in rural areas who are
unable to obtain loans elsewhere. Funds are borrowed from the U.S. Treasury.
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sale-leaseback
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 mortgage market
The buying and selling of existing mortgages.
secured loan
A loan that is backed by collateral.
security
The property that will be pledged as collateral for a loan.
seller take-back
An agreement in which the owner of 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
The collection of mortgage payments from borrowers and related responsibilities
of a loan servicer.
settlement
See closing.
settlement sheet
See HUD-1 statement.
special deposit account
An account that is established for rehabilitation mortgages to hold
the funds needed for the rehabilitation work so they can be disbursed
from time to time as particular portions of the work are completed.
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.
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.
subsidized second mortgage
An alternative financing option known as the Community Seconds® mortgage
for low- and moderate-income households. An investor purchases a first
mortgage that has a subsidized second mortgage behind it. The second
mortgage may be issued by a state, county, or local housing agency,
foundation, or nonprofit corporation. Payment on the second mortgage
is often deferred and carries a very low interest rate (or no interest
rate). Part of the debt may be forgiven incrementally for each year
the buyer remains in the home.
survey
A drawing or map showing the precise legal boundaries of a property,
the location of improvements, easements, rights of way, encroachments,
and other physical features.
sweat equity
Contribution to the construction or rehabilitation of a property in
the form of labor or services rather than cash.
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tenancy by the entirety
A type of joint tenancy of property
that provides right of survivorship and is available only to a husband
and wife. Contrast with tenancy in common.
tenancy in common
A type of joint tenancy in a property without right of survivorship.
Contrast with tenancy by the entirety and with joint tenancy.
tenant-stockholder
The obligee for a cooperative share loan, who is both a stockholder
in a cooperative corporation and a tenant of the unit under a proprietary
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