A
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 offeree's consent to enter into a contract and be bound
by the terms of the offer.
additional principal payment
A payment by a borrower of more than the scheduled principal
amount due in order to reduce the remaining balance on
the loan.
adjustable-rate mortgage (ARM)
A mortgage that permits the lender to adjust the mortgage's
interest rate periodically on the basis of changes in
a specified index. Interest rates may move up or down,
as market conditions change.
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 occupant's or user's satisfaction although
the feature is not essential to the property's 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 (the borrower) 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. Lenders use the information
on the loan application to evaluate whether or not they
can give the loan, and if so, the amount of money they
can lend.
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). More
assignment
The transfer of a mortgage from one person to another.
assumable mortgage
A mortgage that can be taken over ("assumed")
by the buyer when a home is sold.
assumption
The transfer of the seller's existing mortgage to the
buyer. 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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B
balance sheet
A financial statement that shows assets, liabilities,
and net worth as of a specific date.
balloon mortgage
A mortgage that has level monthly payments that will
amortize it over a stated term but that provides for
a lump sum payment to be due at the end of an earlier
specified term. The principal and interest on the loan
are amortized over a longer period than the actual term
of the mortgage.
balloon payment
The final lump sum payment that is made at the maturity
date of a balloon mortgage.
bankrupt
A person, firm, or corporation that, through a court
proceeding, is relieved from the payment of all debts
after the surrender of all assets to a court-appointed
trustee.
bankruptcy
A proceeding in a federal court in which a debtor who
owes more than his or her assets can relieve the debts
by transferring his or her assets to a trustee.
before-tax income
Income before taxes are deducted.
beneficiary
The person designated to receive the income from a trust,
estate, or a deed of trust.
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 borrower's 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.
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 borrower's
monthly payments during the first few years of a mortgage.
A permanent buydown reduces the interest rate over the
entire life of a mortgage.
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C
call option
A provision in the mortgage that gives the mortgagee
(the lender) 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 issuer's promise
to return the deposit plus earnings at a specified interest
rate within a specified time period. See adjustable
rate mortgage (ARM).
certificate of deposit index
An index that is used to determine interest rate changes
for certain adjustable-rate mortgage (ARM) plans. It
represents the weekly average of secondary market interest
rates on six-month negotiable certificates of deposit.
See adjustable-rate mortgage.
Certificate of Eligibility
A document issued by the federal government certifying
a veteran's eligibility for a Department of Veterans
Affairs (VA) mortgage.
Certificate of Reasonable Value (CRV)
A document issued by the Department of Veterans Affairs
(VA) that establishes the maximum value and loan amount
for a VA mortgage.
certificate of title
A statement provided by an abstract company, title company,
or attorney stating that the title to real estate is
legally held by the current owner.
chain of title
The history of all of the documents that transfer title
to a parcel of real property, starting with the earliest
existing document and ending with the most recent.
change frequency
The frequency (in months) of payment and/or interest
rate changes in an adjustable-rate mortgage (ARM).
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." At
this meeting, ownership of the property is transferred
from the seller to the buyer.
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 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.
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.
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.
credit 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.
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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D
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 rights of a widow in the property of her husband
at his death.
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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E
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 appraiser's estimate of the physical condition of
a building. The actual age of a building may be shorter
or longer than its effective age.
effective gross income
Normal annual income including overtime that is regular
or guaranteed. The income may be from more than one
source. Salary is generally the principal source, but
other income may qualify if it is significant and stable.
eminent domain
The right of a government to take private property for
public use upon payment of its fair market value. Eminent
domain is the basis for condemnation proceedings.
Employer-assisted housing
A special 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 another's
property.
encumbrance
Anything that affects or limits the fee simple title
to a property, such as mortgages, leases, easements,
or restrictions.
endorser
A person who signs ownership interest over to another
party. Contrast with co-maker.
Equal Credit Opportunity Act (ECOA)
A federal law that requires lenders and other creditors
to make credit equally available without discrimination
based on race, color, religion, national origin, age,
sex, marital status, or receipt of income from public
assistance programs.
equity
A homeowner's financial interest in a property. Equity
is the difference between the fair market value of the
property and the amount still owed on its mortgage.
escrow
An item of value, money, or documents deposited with
a third party to be delivered upon the fulfillment of
a condition. For example, the deposit by a borrower
with the lender of funds to pay taxes and insurance
premiums when they become due, or the deposit of funds
or documents with an attorney or escrow agent to be
disbursed upon the closing of a sale of real estate.
escrow account
The account in which a mortgage servicer holds the borrower's
escrow payments prior to paying property expenses.
escrow analysis
The periodic examination of escrow accounts to determine
if current monthly deposits will provide sufficient
funds to pay taxes, insurance, and other bills when
due.
escrow collections
Funds collected by the servicer and set aside in an
escrow account to pay the borrower's property taxes,
mortgage insurance, and hazard insurance.
escrow disbursements
The use of escrow funds to pay real estate taxes, hazard
insurance, mortgage insurance, and other property expenses
as they become due.
escrow payment
The portion of a mortgagor's monthly payment that is
held by the servicer to pay for taxes, hazard insurance,
mortgage insurance, lease payments, and other items
as they become due. Known as "impounds" or
"reserves" in some states.
estate
The ownership interest of an individual in real property.
The sum total of all the real property and personal
property owned by an individual at time of death.
eviction
The lawful expulsion of an occupant from real property.
examination of title
The report on the title of a property from the public
records or an abstract of the title.
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's 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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F
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.
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 lender's agreement to make a loan to a specific borrower
on a specific property.
first mortgage
A mortgage that is the primary lien against a property.
fixed 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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G
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 mortage.
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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H
hazard insurance
Insurance coverage that compensates for physical damage
to a property from fire, wind, vandalism, or other hazards.
home equity line of credit
A mortgage loan, which is usually in a subordinate position,
that allows the borrower to obtain multiple advances
of the loan proceeds at his or her own discretion, up
to an amount that represents a specified percentage
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.
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.
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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I
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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J
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 Mae's mortgage amount limits.
Also called a nonconforming loan.
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L
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, interest rate ceiling
and interest rate floor.
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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M
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 a 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.
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.
multifamily properties
Fannie Mae provides financing for multifamily (buildings
with five or more units) rental properties through a
nationwide network of mortgage lenders.
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N
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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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.
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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P
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.
periodic payment cap
For an adjustable-rate mortgage (ARM), a limit on the
amount that payments can increase or decrease during
any one adjustment period.
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.
personal property
Any property that is not real property.
PITI
See principal, interest, taxes and insurance (PITI)
below.
PITI reserves
A cash amount that a borrower must have on hand after
making a down payment and paying all closing costs for
the purchase of a home. The principal, interest, taxes,
and insurance (PITI) reserves must equal the amount
that the borrower would have to pay for PITI for a predefined
number of months.
planned unit development
See PUD below.
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 one's 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. More
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.
PUD (Planned Unit Development)
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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Q
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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R
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 registrar's office of the details
of a properly executed legal document, such as a deed,
a mortgage note, a satisfaction of mortgage, or an extension
of mortgage, thereby making it a part of the public
record.
refinance transaction
The process of paying off one loan with the proceeds
from a new loan using the same property as security.
rehabilitation mortgage
A mortgage created to cover the costs of repairing,
improving, and sometimes acquiring an existing property.
remaining balance
The amount of principal that has not yet been repaid.
See principal balance.
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 |