GLOSSARY OF MORTGAGE TERMS
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
-A-
Abstract (Of Title)
A summary of the public records
relating to the title to a particular piece of land. An attorney
or title insurance company reviews an abstract of title to determine
whether there are any title defects which must be cleared before
a buyer can purchase clear, marketable, and insurable title.
Acceleration Clause
Condition in a mortgage that may
require the balance of the loan to become due immediately, if
regular mortgage payments are not made or for breach of other
conditions of the mortgage.
Acceptance
An offeree痴 or sellers 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 payment amount due and applied directly to
the principal, in order to reduce the remaining principal balance
on the loan.
Adjustable Mortgage Loan
Any mortgage that does not have
a fixed interest rate and a fixed payment for the term of the
loan, or does not amortize to zero at the end of the set term,
when required payments are made on time.
Adjustable Rate Mortgage
A mortgage in which the interest
rate is adjusted periodically according to the movement in a
pre-selected 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 Interval
For an adjustable rate mortgage,
the time between changes in the interest rate charged. The most
common adjustment intervals are one, three or five years.
Adjustment period
The period that elapses between
the adjustment dates for an adjustable-rate mortgage (ARM). Administration Fee
Financial
institutions/brokers that charge an administrative fee for non-real
property loans or secondary mortgage loans.
Administrator
A person appointed by a probate
court to administer the estate of a person who died intestate.
Agreement of Sale
Known by various names, such as
contract of purchase, 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 both parties.
Amenity
A feature of real property that
enhances its attractiveness and increases the occupant痴 or
user痴 satisfaction although the feature is not essential to
the property痴 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
A payment plan, which enables the
borrower to reduce his debt gradually through monthly payments
of principal.
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.
Amortize
Reduce a debt by regular payments
of both principal and interest.
Amortization Schedule
A timetable
for payment of a mortgage loan. An amortization schedule shows:
the amount of each payment; the amount to be applied to principal
and interest; and the remaining principal balance after each
payment is made.
Annual Percentage Rate (APR)
The total yearly cost of a mortgage
stated as a percentage of the loan amount: includes the base
interest rate, primary 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. HUD form1003 is a 5 page
application for a mortgage loan.
Application Fee
The fee charged by the lender to
the borrower for applying for a loan. Many consider this a garage
fee.
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 past present and future
value of real property and personal property. Generally an appraiser
appraising one to four units is appraising for present value.
Appraisal
A professional opinion of the market
value of a property. Appraisal Fee
The fee charged by the appraser for
an appraisel. Appraisal Review
Performed by the lender. The lender
has appraisers on staff that are paid to review each appraisal
submitted by an outside appraiser. This process is in place
to protect the lender from making a loan against unqualified
collateral (Real Estate).
Appreciation
An increase in the value of a house
due to changes in market conditions or other causes.
Assessed Value
The valuation placed upon 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.
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). A asset purchased
correctly, will put money in your pocket.
Assignment
The transfer of a mortgage from
one person to another.
Assumable Loan
These loans may be passed on from
a seller of a home to the buyer. The buyer "assumes" all outstanding
payments.
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.
Assumption of Mortgage
An obligation undertaken by the
purchaser of property to be personally liable for payment of
an existing mortgage. In an assumption, the purchaser is substituted
for the original mortgagor in the mortgage instrument and the
original mortgagor is to be released from further liability
in the assumption, the mortgagee's consent is usually required.
Attorney-in-fact
One who holds a power of attorney
from another to execute documents on behalf of the grantor of
the power. The original mortgagor should always obtain a written
release from further liability if he desires to be fully released
under the assumption. Failure to obtain such a release renders
the original mortgagor liable if the person assuming the mortgage
fails to make the monthly payments. An "Assumption of Mortgage"
is often confused with "purchasing subject to a mortgage." When
one purchases subject to a mortgage, the purchaser agrees to
make the monthly mortgage payments on an existing mortgage,
but the original mortgagor remains personally liable if the
purchaser fails to make the monthly payments. Since the original
mortgagor remains liable in the event of default, the mortgagee's
consent is not required to a sale subject to a mortgage. Both
"Assumption of Mortgage" and "Purchasing Subject to a Mortgage"
are used to finance the sale of property. They may also be used
when a mortgagor is in financial difficulty and desires to sell
the property to avoid foreclosure.
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- B -
Balance sheet
A financial statement that shows
assets, liabilities, and net worth as of a specific date.
Bankrupt
A person, firm, or corporation
that, through a court proceeding, is relieved from the payment
of all debts after the surrender of all assets to a court-appointed
trustee.
Bankruptcy
A proceeding in a federal court
in which a debtor who owes more than his or her assets can relieve
the debts by transferring his or her assets to a trustee.
Before-tax income
Income before taxes are deducted.
Beneficiary
The person designated to receive
the income from a trust, estate, or a deed of trust, note, mortgage
or loan.
Bill of sale
A written document that transfers
title to personal property.
Binder or "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. Broker (See Real Estate Broker)
Blanket insurance policy
A single policy that covers more
than one piece of property (or more than one person).
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.
Borrower
One who receives funds with the
expressed or implied intention of repaying the loan in full.
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.
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.
Building code
Local regulations that control
design, construction, and materials used in construction. Building
codes are based on safety and health standards.
Building Line or Setback
Distances from the ends and/or
sides of the lot beyond which construction may not extend. The
building line may be established by a filed plat of subdivision,
by restrictive covenants in deeds or leases, by building codes,
or by zoning ordinances.
Buy down
Money advanced by an individual
(seller, builder, etc.) to reduce monthly payments for a home
mortgage either during the entire term or for an initial period
of years. Initially buying down the intrest rate will give lower
payments.
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- C -
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.
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.
Cap
A provision of an ARM limiting
how much the interest rate or mortgage payments may increase.
Cash Out
A loan transaction in which the
borrower receives funds at the time of closing.
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.
Certificate of deposit
A document written by a bank or
other financial institution that is evidence of a deposit, with
the issuer痴 promise to return the deposit plus earnings at
a specified interest rate within a specified time period. Certificate
of Eligibility A document issued by the federal government certifying
a veteran痴 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 certificate issued by a title
company or a written opinion rendered by an attorney that the
seller has good marketable and insurable title to the property,
which he is offering for sale. A certificate of title offers
no protection against any hidden defects in the title, which
an examination of the records could not reveal. The issuer of
a certificate of title is liable only for damages due to negligence.
The protection offered a homeowner under a certificate of title
is not as great as that offered in a title insurance policy.
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.
Claim
An amount requested of an insurer,
by a policyholder or a claimant, for an insured loss.
Clear title
A title that is free of liens or
legal questions as to ownership of the property
Closing
The occasion where a sale is finalized;
the buyer signs the mortgage, and closing costs are paid, and
tile to property has been recorded in buyer's name. Also called
"settlement."
Closing Costs
Expenses (over and above the price
of the property) incurred by buyers and sellers in transferring
ownership of a property. Also called "settlement costs."
Closing cost item
A fee or amount that a homebuyer
must pay at closing for a single service, tax, or product.
Closing Day
The day on which the formalities
of a real estate sale are concluded. The certificate of title,
abstract, and deed are generally prepared for the closing by
an attorney and this cost charged to the buyer. The buyer signs
the mortgage, and closing costs are paid. The final closing
merely confirms the original agreement reached in the agreement
of sale.
Cloud (On Title)
An outstanding claim or encumbrance,
which adversely affects the marketability of title.
Co-Borrower
An additional borrower on a loan.
A co-borrower's obligation on a loan are the same as all other
borrowers.
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.
Commission
Money paid to a real estate agent
or broker by the seller as compensation for finding a buyer
and completing the sale.
Commitment Fee
A fee lenders
charge their borrowers for unused credit or credit that has
been promised at a specified future date. A commitment fee is
different from interest; although, the two are often confused.
A lender charges a borrower a commitment fee to keep a line
of credit open, or to guarantee a loan at a certain future date
even though the credit is not being used at that particular
time.
Commitment Letter
A formal offer by a lender stating
the terms under which it agrees to loan money to a homebuyer.
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 property
In some western and southwestern
states, a form of ownership under which property acquired during
a marriage is presumed to be owned jointly unless acquired as
separate property of either spouse.
Comparables
An abbreviation for comparable
properties used for comparative purposes in the appraisal process;
facilities of reasonably the same size and location with similar
amenities; properties which have been recently sold, which have
characteristics similar to property under consideration, thereby
indicating 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 taking of private property
for public use by a government unit, against the will of the
owner, but with payment of just compensation under the government's
power of eminent domain. Condemnation may also be a determination
by a governmental agency that a particular building is unsafe
or unfit for use.
Condominium
Individual ownership of a dwelling
unit and an individual interest in the common areas and facilities,
which serve the multi-unit project. A condominium, or condo,
is the form of housing tenure and other real property
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 loan for funding the
cost of construction. The lender advances funds to the builder
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.
Contract
An oral or written agreement to
do or not to do a certain thing.
Contractor
In the construction industry, a
contractor is one who contracts to erect buildings or portions
of them. There are also contractors for each phase of construction:
heating, electrical, plumbing, air conditioning, road building,
bridge and dam erection, and others.
Conventional Mortgage
Any mortgage that is not insured
or guaranteed by the federal government.
Convertibility clause
A provision in some adjustable-rate
mortgages (ARMs) that allows the borrower to change the ARM
to a fixed-rate mortgage at specified time.
Convertible Arm
An adjustable-rate mortgage that
can be converted to a fixed-rate mortgage under specified conditions.
Coverage
The amount of protection, usually
expressed in a percentage of the total claim amount, an insured
receives under a certificate.
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 Housing
An apartment building or a group
of dwellings owned by a corporation, the stockholders of which
are the residents of the dwellings. It is operated for their
benefit by their elected board of directors. In a cooperative,
the corporation or association owns title to the real estate.
A resident purchases stock in the corporation, which entitles
him to occupy a unit in the building or property owned by the
cooperative. While the resident does not own his unit, he has
an absolute right to occupy his unit for as long as he owns
the stock.
Cooperative mortgages
Mortgages related to a cooperative
project.
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.
Covenant
A clause in a mortgage that obligates
or restricts the borrower and that, if violated, can result
in foreclosure.
Commitment
A written letter of agreement detailing
the terms and conditions by which the lender will lend and the
borrower will borrow funds to finance a home.
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.
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.
Cure
A loan that is removed from a delinquency
status with no loss to the insurer.
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-D-
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
Like a mortgage, a security instrument
whereby real property is given as security for a debt. However,
in a deed of trust there are three parties to the instrument:
the borrower, the trustee, and the lender, (or beneficiary).
In such a transaction, the borrower transfers the legal title
for the property to the trustee who holds the property in trust
as security for the payment of the debt to the lender or beneficiary.
If the borrower pays the debt as agreed, the deed of trust becomes
void. If, however, he defaults in the payment of the debt, the
trustee may sell the property at a public sale, under the terms
of the deed of trust. In most jurisdictions where the deed of
trust is in force, the borrower is subject to having his property
sold without benefit of legal proceedings. A few States have
begun in recent years to treat the deed of trust like a mortgage.
Default
Failure to make mortgage payments
on a timely basis or to comply with other conditions of a mortgage.
Deficiency Judgment
A court order to pay the balance
owed on a loan if the proceeds from the sale of the security
are insufficient to pay off the loan. Deficiency judgments are
not allowed in all states.
Delinquency
A loan in which a payment is overdue
but not yet in default.
Deposit
A sum of money given to bind the
sale of real estate, or a sum of money given to ensure payment
or an advance of funds in the processing of a loan.
Depreciation
A decline in the value of property;
the opposite of "appreciation."
Discount Fee
The more
you pay a lender up front in the loan discount fee the lower
your interest rate will be.
Discount Points
See Points.
Documentary Stamps
A State tax, in the forms of stamps,
required on deeds and mortgages when real estate title passes
from one owner to another. The amount of stamps required varies
with each State. Document Preparaion Fee
The fee charged by escrow for preparing
loan documents.
Dower
The rights of a widow in the property
of her husband at his death.
Down Payment
The part of the purchase price,
which 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.
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- E -
Earnest Money
The deposit money given to the
seller or his agent by the potential buyer upon the signing
of the agreement of sale to show that he is serious about buying
the house. If the sale goes through, the earnest money is applied
against the down payment. If the sale does not go through, the
earnest money will be forfeited or lost unless the binder or
offer to purchase expressly provides that it is refundable.
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.
Effective age
An appraiser痴 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 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 numerous forms, such as zoning ordinances,
easement rights, claims, mortgages, liens, charges, a pending
legal action, unpaid taxes, or restrictive covenants. An 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 such 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.
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
The difference between the market
value of a property and the homeowner's outstanding mortgage
balance.
Equity Loan
A loan based on the borrower's
equity in his or her home. Prior to closing; also, an account
held by the lender into which a homeowner pays money for taxes
and insurance.
Escrow account
The account in which a mortgage servicer
holds the borrower痴 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/Attorney Fee
Escrow collections
Funds collected by the servicer and
set aside in an escrow account to pay the borrower痴 property
taxes, mortgage insurance, and hazard insurance.
Escrow disbursements
The use of escrow funds to pay real
estate taxes, hazard insurance, mortgage insurance, and other
property expenses as they become due.
Escrow payment
The portion of a mortgagor痴 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.
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 owner痴 right to sell
the property alone without the payment of a commission.
Executor
A person named in a will to administer
an estate
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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.
FDIC
(Federal Deposit Insurance Corporation).
Provides insurance of accounts for institutions whose deposits
were formerly covered by the Federal Savings & Loan Insurance
Corporation. (FSLIC).
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
(Federal Housing Administration).
A division of the Department of Housing and Urban Development.
The FHA's main activity is the insuring of residential mortgage
loans made by private lenders. It sets standards for construction
and underwriting. FHA neither lends money, nor plans, nor constructs
housing.
FHA Loan
Government loans are loans that
are guaranteed or purchased by government organizations. Two
of the most popular Government Loans are the Federal Housing
Administration (FHA) and the Department of Veterans Affairs
(VA).
FHFB
(Federal Housing Finance Board).
It oversees the credit functions of the twelve regional Federal
Home Loan Banks.
FHLBB
(Federal Home Loan Bank Board).
A regulatory and supervisory agency for federally charted savings
institutions, which oversees the operations of the FSLIC and
FHLMC. This agency was abolished by the Financial Institutions
Reform, Recovery and Enforcement Act of 1989. (See FIRREA.)
FHLMC
(Federal Home Loan Mortgage Corporation,
Freddie Mac). A private corporation authorized by Congress,
which became an independent, stockholder-owned government corporation
with the passage of FIRREA. FHLMC promotes the flow of funds
into the housing markets by purchasing conventional mortgages
in the secondary market and selling securities backed by those
mortgages in the capital market.
Finance Charge
The total dollar amount your loan
will cost you. It includes all interest payments for the life
of the loan, any interest paid at closing, your origination
fee and any other charges paid to the lender and/or broker.
Appraisal, credit report and title search fees are not included
in the finance charge calculation.
Finder's fee
A fee or commission paid to a mortgage
broker for finding a mortgage loan for a prospective borrower.
FIRRA
(Financial Institutions Reform,
Recovery and Enforcement Act of 1989). An act signed into law
in August 1989, by President Bush that restructured the thrift
regulatory an insurance system.
Firm commitment
A lender痴 agreement to make a
loan to a specific borrower on a specific property.
First Mortgage
The mortgage that has first claim
in the event of default.
Fixed Installment
The monthly payment due on a mortgage
loan.
Fixed-Rate Mortgage
(FRM) A mortgage in which the interest
rate does not change during the entire term of the loan.
FNMA
(Federal National Mortgage Association,
Fannie Mae). A government-sponsored corporation, owned solely
by private investors, created to provide support to the secondary
market for FHA and VA mortgages and conventional mortgages.
Fixture
Personal property that becomes
real property when attached in a permanent manner to real estate.
Flood Certification
Federal
law requires that you obtain flood certification insurance if
your property lies in a flood zone. As part of our evaluation
of your property, we appoint a flood determination company to
tell us whether or not your house is located in a flood zone.
If your house is located in a flood zone, you will be required
to purchase flood insurance. The flood certification fee that
is issued to the client covers the cost of the assessment and
is included in your closing costs and fees when you close on
a home.
Flood Insurance
Insurance that compensates for
physical property damage resulting from flooding. It is required
for properties located in federally designated flood areas.
Forfeiture
The loss of money, property, rights,
or privileges due to a breach of legal obligation.
Foreclosure
The process by which a mortgage
property may be sold when a mortgage is in default.
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.
Full Recasting
Setting the P&I payments to
the level that will fully amortize the loan's outstanding balance
over the remaining term using the fully indexed accrual rate
at the recasting point.
Fully Indexed Accrual Rate
The interest (accrual) rate resulting
from the index at closing (or at another point in the loan)
plus the lender's full spread, rounded as prescribed in the
loan documents (often to the nearest 1/8th of 1%).
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General Warranty Deed
A deed which conveys not only all
the grantor's interests in and title to the property to the
grantee, but also warrants that if the title is defective or
has a "cloud" on it (such as mortgage claims, tax liens, title
claims, judgments, or mechanic's liens against it) the grantee
may hold the grantor liable.
Good Faith Estimate
An estimate of charges, which a
borrower is likely to incur in connection with a loan closing.
Graduated Payment Mortgage
(GPM) A mortgage where the payments
are scheduled to increase, usually annually, for a set number
of years, and then level off. GPM can be used with either a
fixed or adjustable interest rate, and usually has a 30-year
term.
Grantee
That party in the deed who is the
buyer or recipient.
Grantor
That party in the deed who is the
seller or giver.
Gross Monthly Income
The total amount the borrower earns
per month, not counting any taxes or expenses. Often used in
calculations to determine whether a borrower qualifies for a
particular loan.
Growing Equity Mortgage
(GEM) A fixed rate, graduated payment
mortgage with small initial payments that increase each year
so that the loan pays off in a shortened term, usually 15 years.
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Hazard Insurance
Insurance to protect the homeowner
and the lender against physical damage to a property from fire,
wind, vandalism, or other hazards.
Homeowner's Insurance
An insurance policy that combines
liability coverage and hazard insurance.
Homeowner's Warranty
A type of insurance that covers
repairs to specified parts of a house for a specific period
of time.
Housing Ratio
The ratio of the monthly housing
payment to total gross monthly income. Also called Payment-to-Income
Ratio or Front-End Ratio.
HUD
(Department of Housing and Urban
Development). A cabinet department responsible for the implementation
and administration of government housing and urban development
programs.
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Income property
Real estate developed or improved
to produce income.
Index
(Also called "Rate Index"). A regularly
published rate, independent of the lending institution, that
measures the prevailing cost of funds, and is used periodically
with the margin to set AML accrual rates.
Initial Borrower Interest Rate
The rate on which the borrower's
first payment is calculated.
Initial Borrower Payment Rate
The annual interest rate used to
calculate the borrower's initial cash payment.
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.
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 percentage of an amount of
money, which is paid for its use for a specified time.
Interest Rate Cap
A provision of an ARM limiting
how much interest rates may increase per adjustment period.
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 Loans
Jumbo, or non-conforming, is a
term used to describe a loan that does not conform to Fannie
Mae or Freddie Mac guidelines.
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(empty)
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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.
Legal description
A property description, recognized
by law that is sufficient to locate and identify the property
without oral testimony.
Lender
An institution that makes loans
to borrowers on real estate. Lender Inspection Fee
This covers
inspections by the lender or outside inspector of your house/property.
Most often associated with new construction.
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 when the property is sold.
Lifetime Cap
A provision of an ARM that limits
the total increase in interest rates over the life of the loan.
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.
Line of credit
An agreement by a commercial bank
or other financial institution to extend credit up to a certain
amount for a certain time to a specified borrower.
Liquid asset
A cash asset or an asset that is
easily converted into cash.
Loan
A sum of borrowed money (principal)
that is generally repaid with interest.
Loan Commitment
Formal offer by a lender stating
the terms under which it agrees to loan money to a homebuyer.
Loan origination
The process by which a mortgage
lender brings into existence a mortgage secured by real property.
Loan Servicing
The collection of mortgage payments
from borrowers and related responsibilities of a loan servicer.
Loan -To-Value
(LTV). The loan-to-value ratio
(LTV) is the original loan amount divided by the lower of the
sales price or the appraised value.
Lock
The period, expressed in days,
during which a lender will guarantee a rate.
Lock-in period
The time period during which the
lender has guaranteed an interest rate to a borrower.
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Marketable Title
A title that is free and clear
of objectionable liens, clouds, or other title defects. A title
which enables an owner to sell his property freely to others
and which others will accept without objection.
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.
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 a your credit.
Margin
(Also called "Spread"). The amount
the lender adds to the index to determine the Fully Indexed
Accrual Rate.
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 Housing Expense
Total principal, interest, taxes,
and insurance paid by the borrower on a monthly basis. Used
with gross income to determine affordability.
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 a payment of a debt.
Mortgage Banker
A company that originates mortgages
exclusively for resale in the secondary market.
Mortgage Broker
A company that for a fee matches
borrowers with lenders.
Mortgagee
The lender in a mortgage agreement.
Mortgage Commitment
A written notice from the bank
or other lending institution saying it will advance mortgage
funds in a specified amount to enable a buyer to purchase a
house.
Mortgage Insurance Premium
The payment made by a borrower
to the lender for transmittal to HUD to help defray the cost
of the FHA mortgage insurance program and to provide a reserve
fund to protect lenders against loss in insured mortgage transactions.
In FHA insured mortgages this represents an annual rate of one-half
of one percent paid by the mortgagor on a monthly basis.
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.
Mortgage Note
A written agreement to repay a
loan. The agreement is secured by a mortgage, serves as proof
of indebtedness, and states the manner in which it shall be
paid. The note states the actual amount of the debt that the
mortgage secures and renders the mortgagor personally responsible
for repayment.
Mortgagor
The borrower in a mortgage agreement.
Multi-dwelling 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
(Also called "Deferred Interest").
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 Effective Income
Gross income less federal income
tax.
Net Worth
The value of all assets, including
cash, less total 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).
Non-liquid asset
An asset that cannot easily be
converted into cash. Notary Fee
The fee charged by the Notary.
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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- O -
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.
OTC
(The Office of Thrift Supervision).
Charters federal thrifts, serves as the primary federal examiner
and regulator of federal and state-chartered savings associations,
and administers laws governing savings and loan holding companies.
Owner financing
A property purchase transaction
in which the property seller provides all or part of the financing.
Owner Occupied
"Owner Occupied" means the property
is the owner's primary residence.
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Payment Adjustment Period
The length of time (typically a
year) between changes to the borrower's P&I (Principal &
Interest) payment.
Payment Buy down
Payment buy downs occur when a
third party, typically a builder, pays part of the initial P&I
payments for a year or two, so that the borrower has smaller
payments and can qualify for the loan.
Payment Cap
A limit on the amount the payment
can be changed at the end of each Payment Adjustment Period.
Payment Discount
In a payment discount, the lender
reduces the first year's interest rate to make the mortgagor
more attractive to borrowers.
Periodic payment cap
A limit on the amount that payments
can increase or decrease during any one-adjustment period.
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.
Personal property
Any property that is not real property.
PITI
Principal, Interest, Taxes and
Insurance are components of a mortgage payment.
Plat
A map or chart of a lot, subdivision
or community drawn by a surveyor showing boundary lines, buildings,
improvements on the land, and easements.
Points
A one-time charge by the lender
to increase the yield of the 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 one痴 behalf. A power of attorney can
grant complete authority or can be limited to certain acts and/or
certain periods of time.
Prepayment
Payment of mortgage loan, or part
of it, before due date.
Pre-qualification
The process of determining how
much money a prospective homebuyer will be eligible to borrow
before application.
Prime rate
The interest rates that banks charge
to their preferred customers.
Principal
The amount borrowed or remaining
unpaid, also, that part of the monthly payment that reduces
the outstanding balance of a mortgage.
Private Mortgage Insurance
Insurance provided by nongovernmental
insurers that protect lenders against loss if a borrower defaults.
Processing Fee
The fee
charged to you to have your file packaged and handed over to
a selected lender.
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 Agreement
See Agreement of Sale.
Purchase money transaction
The acquisition of property through
the payment of money or its equivalent.
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Qualifying Ratios
Guidelines applied by lenders to
determine how large a loan to grant a homebuyer.
Quitclaim Deed
A deed, which transfers whatever
interest, the maker of the deed may have in the particular parcel
of land. A quitclaim deed is often given to clear the title
when the grantor's interest in a property is questionable. By
accepting such a deed the 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. (See Deed.)
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Radon
A radioactive gas found in some
homes that in sufficient concentrations could cause health problems.
Rate Caps
(Also called "Interest Rate Caps").
A limit on the amount of which the interest rate charged to
the borrower can be changed.
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.
Real Estate Broker
A middleman or agent who buys and
sells real estate for a company, firm, or individual on a commission
basis. The broker does not have title to the property, but generally
represents the owner.
Real Estate Owned
(REO). A term frequently used by
lending institution as applied to ownership of real property
acquired for investment or as a result of foreclosure.
RESPA
(Real Estate Settlement Procedures
Act). A Federal law that requires lenders to provide home mortgage
borrowers with information about known or estimated settlement
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.
Recorder
The public official who keeps records
of transactions that affects real property in the area.
Recording
The noting in the registrar痴 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.
The process of the same mortgagor
paying off one loan with the proceeds from another loan.
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.
Remaining term
The original amortization term
minus the number of payments that have been applied.
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.
Restrictive Covenants
Private restrictions limiting the
use of real property. Restrictive covenants are created by deed
and may "run with the land," binding all subsequent purchasers
of 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 law in the
State where the land is situated. Restrictive 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 particular businesses
from operating or minority groups from owning or occupying homes
in a given area. (This latter discriminatory covenant is unconstitutional
and has been declared unenforceable by the U.S. Supreme Court.)
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. 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.
RTC
(Resolution Trust Corporation).
Formed to resolve thrift failures over the next three years
and dispose of their assets and liabilities.
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Sales Agreement
See Agreement of sale.
Second Mortgage
A mortgage that has rights that
are subordinate to the rights of the first mortgage holders.
Secondary Mortgage Market
The buying and selling of existing
mortgages.
Seller-Provided Funds
(Also called "Seller Contributions").
Seller-provided funds include all transaction cost paid by the
seller except the real estate agent's (or brokers) fee.
Servicer
The party who has entered into
an agreement with the insured/beneficiary to service a loan.Example:
Bank ABCD originated a Mortgage, bank "Want your money"
collects/services the payments from the borrower for bank ABCD
and recieves a fee from the funds collected. Service Release Premium (SRP) Service
release premium (SRP) is paid when a lender sells the servicing
rights to a loan to another lender. For example, if you are
a correspondent lender (you fund your loans in your name from
your warehouse line or company funds) you close a loan in your
name and wire the funds to the title/escrow company. The loan
is then packaged for resale to the secondary market (JP Morgan,
Bear Stearns, Wells, Countrywide, etc...) When you sell the
loan package, the other lender pays you the SRP. The lender
may not recieve the SRP until 2-3 weeks after closing when the
loan is packaged and shipped. Back when prime was low and the
market was good, this was a huge profit center for lenders.
They not only made the fee income on a loan, but made the spread
between the warehouse interest rate and the interest rate that
the borrower was paying. The correspondent lenders kept the
loans on their books for as long as possible because they were
making the money on the daily interest. Now, the lenders try
to package and sell the loans as fast as possible because the
interest rates on their warehouse lines are higher than the
rates that the customers are paying. Now the loans are sold
within 5-15 days. All in all, the two are very similar. From
a loan officerエs standpoint, there is no difference as SRP is
also obtained by selling a rate that is higher than the par
rate, although SRP is not required to be disclosed on the HUD.
Settlement Costs
See Closing Costs.
Single Premium
A premium, which provides coverage
for more than a year.
Special Assessments
A special tax imposed on property,
individual lots or all property in the immediate area, for road
construction, sidewalks, sewers, streetlights, etc.
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 some
localities it is called "particular" lien or "specific" lien.
(See Lien.)
Special Warranty Deed
A deed in which the grantor conveys
title to the grantee and agrees to protect the grantee against
title defects or claims asserted by the grantor and those persons
whose right to assert a claim against the title arose during
the period the grantor held title to the property. In a special
warranty deed the grantor guarantees to the grantee that he
has done nothing during the time he held title to the property
which has, or which might in the future, impair the grantee's
title.
Survey
A map or plat made by a licensed
surveyor showing the results of measuring the land with its
elevations, improvements, boundaries, and its relationship to
surrounding tracts of land. A survey is often required by the
lender to assure him that a building is actually sited on the
land according to its legal description.
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Tax
As applied to real estate, an enforced
charge imposed on persons, property or income, to be used to
support the State. The governing body in turn utilizes the funds
in the best interest of the general public.
Tax Lien
A claim against real estate for
the amount of its unpaid taxes. Tax Service Contract
The tax
service contract fee is not a tax, but rather a fee paid to
cover the cost of setting up an ongoing computer search for
special assessments which may be levied on the mortgaged property
by the local jurisdiction.
Teaser Rate
Similar to a Payment Discount,
but implies either an unusually large initial rate discount
or an attempt by the lender to lure an otherwise unqualified
borrower into the mortgage.
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 lease or occupancy
agreement. Termite/Pest Inspection Fee This fee covers the cost of inspections for termites and other
pest infestation.
Third-party origination
A process by which a lender uses
another party to completely or partially originate, process,
underwrite, close, fund, or package the mortgages it plans to
deliver to the secondary mortgage market.
Title
As generally used, the rights of
ownership and possession of particular property. In real estate
usage, title may refer to the instruments or documents by which
a right of ownership is established (title documents), or it
may refer to the ownership interest one has in the real estate.
Title Company
A company that specializes in examining
and insuring titles to real estate.
Title Insurance
Protects lenders or homeowners
against loss of their interest in property due to legal defects
in title. Title insurance may be issued to a "mortgagee's title
policy." Insurance benefits will be paid only to the "named
insured" in the title policy, so it is important that an owner
purchase an "owner's title policy", if he desires the protection
of title insurance.
Title Search or Examination
A check of the title records, generally
at the local courthouse, to make sure the buyer is purchasing
a house from the legal owner and there are no liens, overdue
special assessments, or other claims or outstanding restrictive
covenants filed in the record, which would adversely affect
the marketability or value of title.
Total Debt Ratio
Monthly debt and housing payments
divided by gross monthly income. Also known as Back-End Ratio.
Total expense ratio
Total obligations as a percentage
of gross monthly income. The total expense ratio includes monthly
housing expenses plus other monthly debts.
Trade equity
Equity that results from a property
purchaser giving his or her existing property (or an asset other
than real estate) as trade as all or part of the down payment
for the property that is being purchased.
Transfer of ownership
Any means by which the ownership
of a property changes hands. Lenders consider all of the following
situations to be a transfer of ownership: the purchase of a
property "subject to" the mortgage, the assumption of the mortgage
debt by the property purchaser, and any exchange of possession
of the property under a land sales contract or any other land
trust device. In cases in which an inter vivos revocable trust
is the borrower, lenders also consider any transfer of a beneficial
interest in the trust to be a transfer of ownership.
Transfer tax
State or local tax payable when
title passes from one owner to another.
Treasury index
An index that is used to determine
interest rate changes for certain adjustable-rate mortgage (ARM)
plans.
Trustee
A party who is given legal responsibility
to hold property in the best interest of or "for the benefit
of" another. The trustee is one placed in a position of responsibility
for another, a responsibility enforceable in a court of law.
Truth-In-Lending
(TIL). A federal law that requires
lenders to fully disclose, in writing, the terms and conditions
of a mortgage, including the APR and other charges.
Two- to four-family property
A property that consists of a structure
that provides living space (dwelling units) for two to four
families, although ownership of the structure is evidenced by
a single deed.
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- U -
Underwriting
The process of evaluating a loan
application to determine the risk involved for the lender. Underwriting
involves an analysis of the borrower's creditworthiness and
the quality of the property itself. Underwriting Fee Mortgage underwriting fees cover the cost of evaluating
your total loan application package, including your credit report,
employment history, financial documents and appraisal, to determine
whether we can approve your loan request. The person who completes
this risk assessment is called an underwriter. You will be expected
to pay the underwriting fee as part of your closing costs. Lenders
are required by law to disclose an estimate of your Closing
Costs prior to the closing.
Unsecured-loan
A loan that is not backed by collateral.
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- V -
Government Loans FHA / VA
Government loans are loans that
are guaranteed or purchased by government organizations. Two
of the most popular Government Loans are the Federal Housing
Administration (FHA) and the Department of Veterans Affairs
(VA).
Vested
Having the right to use a portion
of a fund such as an individual retirement fund.
Department of Veterans Affairs
(VA)
An agency of the federal government
that guarantees residential mortgages made to eligible veterans
of the military services. The guarantee protects the lender
against loss and thus encourages lenders to make mortgages to
veterans.
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- W -
Wire Transfer Fee
The fee
charged to you to have electronic transfer of funds across a
network administered by hundreds of banks around the world.
Wraparound mortgage
A mortgage that includes the remaining
balance on an existing first mortgage plus an additional amount
requested by the mortgagor. Full payments on both mortgages
are made to the wraparound mortgagee, who then forwards the
payments on the first mortgage to the first mortgagee.
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- X -
(empty)
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- Y -
Y.S.P. - Yield
Spread Premium
A yield
spread premium (YSP) is the money paid to a mortgage broker
based on an interest rate above the lowest rate the borrower
qualifies for (called the par rate). Banks and mortgage brokers
make money by setting interest rates above wholesale prices.
However, the term "yield spread premium" only refers to mortgage
brokers' rebates. Consumers are unaware of the premium a direct
lender such as a bank earns when it sets rates to its borrowers
above the par rate. The YSP is derived through the realization
of a market 'price' for a loan that is above 100%. For example,
a $300,000 loan with a price when sold of 101.00% would 'yield'
a 1% rebate to the originator, it's important to understand
that the term 'originator' refers to either a retail bank or
mortgage broker. The characteristics of a loan contribute to
the price offered, such as the interest rate attached, the credit
score of the borrower, purchase money versus a cash-out refinance,
or a streamline refinance (which lowers the price because it
is typically not accompanied by a property appraisal). Higher
credit scores may add 0.25% to the price, while a lower one
may cost up to 3.00% - which requires the borrower to either
pay a discount fee to cover the loss to the lender when the
mortgage is sold, or increasing the interest rate to absorb
the risk for the mortgage security investor.
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- Z -
Zoning Ordinances
The acts of an authorized local
government establishing building codes, and setting forth
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