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adjustment date
The date on which the
interest rate changes for an
adjustable-rate mortgage (ARM).
adjustment period
The period that elapses
between the adjustment dates for
an adjustable-rate mortgage
(ARM).
amortization
The repayment of a mortgage loan
by installments with regular
payments to cover the principal
and interest.
amortization term
The amount of time required to
amortize the mortgage loan. The
amortization term is expressed
as a number of months. For
example, for a 30-year
fixed-rate mortgage, the
amortization term is 360 months.
annual percentage rate (APR)
The cost of a mortgage stated as
a yearly rate; includes such
items as interest, mortgage
insurance, and loan origination
fee (points).
application
A form, commonly referred to as
a 1003 form, used to apply for a
mortgage and to provide
information regarding a
prospective mortgagor and the
proposed security.
appraisal
A written analysis of the
estimated value of a property
prepared by a qualified
appraiser.
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.
asset
Anything of monetary value that
is owned by a person. Assets
include real property, personal
property, and enforceable claims
against others (including bank
accounts, stocks, mutual funds,
and so on).
assignment
The transfer of a mortgage from
one person to another.
assumable mortgage
A mortgage that can be taken
over ("assumed") by the buyer
when a home is sold.
assumption
The transfer of the
seller's existing mortgage to
the buyer.
assumption clause
A provision in an
assumable mortgage that allows a
buyer to assume responsibility
for the mortgage from the
seller. The loan does not need
to be paid in full by the
original borrower upon sale or
transfer of the property.
assumption fee
The fee paid to a lender
(usually by the purchaser of
real property) resulting from
the assumption of an existing
mortgage.
balance sheet
A financial statement that shows
assets, liabilities, and net
worth as of a specific date.
balloon mortgage
A mortgage that has level
monthly payments that will
amortize it over a stated term
but that provides for a lump sum
payment to be due at the end of
an earlier specified term.
balloon payment
The final lump sum payment that
is made at the maturity date of
a balloon mortgage.
bankrupt
A person, firm, or corporation
that, through a court
proceeding, is relieved from the
payment of all debts after the
surrender of all assets to a
court-appointed trustee.
bankruptcy
A proceeding in a federal court
in which a debtor who owes more
than his or her assets can
relieve the debts by
transferring his or her assets
to a trustee.
before-tax income
Income before taxes are
deducted.
beneficiary
The person designated to receive
the income from a trust, estate,
or a deed of trust.
binder
A preliminary agreement, secured
by the payment of an earnest
money deposit, under which a
buyer offers to purchase real
estate.
biweekly payment mortgage
A mortgage that requires
payments to reduce the debt
every two weeks (instead of the
standard monthly payment
schedule). The 26 (or possibly
27) biweekly payments are each
equal to one-half of the monthly
payment that would be required
if the loan were a standard
30-year fixed-rate mortgage, and
they are usually drafted from
the borrower's bank account. The
result for the borrower is a
substantial savings in interest.
blanket mortgage
The mortgage that is secured by
a cooperative project, as
opposed to the share loans on
individual units within the
project.
bond
An interest-bearing certificate
of debt with a maturity date. An
obligation of a government or
business corporation. A real
estate bond is a written
obligation usually secured by a
mortgage or a deed of trust.
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.
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.
call option
A provision in the mortgage that
gives the mortgagee the right to
call the mortgage due and
payable at the end of a
specified period for whatever
reason.
cap
A provision of an
adjustable-rate mortgage (ARM)
that limits how much the
interest rate or mortgage
payments may increase or
decrease.
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 Eligibility
A document issued by the federal
government certifying a
veteran's eligibility for a
Department of Veterans Affairs
(VA) mortgage.
Certificate of Reasonable Value
(CRV)
A document issued by the
Department of Veterans Affairs
(VA) that establishes the
maximum value and loan amount
for a VA mortgage.
certificate of title
A statement provided by an
abstract company, title company,
or attorney stating that the
title to real estate is legally
held by the current owner.
chain of title
The history of all of the
documents that transfer title to
a parcel of real property,
starting with the earliest
existing document and ending
with the most recent.
change frequency
The frequency (in months) of
payment and/or interest rate
changes in an adjustable-rate
mortgage (ARM).
clear title
A title that is free of liens or
legal questions as to ownership
of the property.
closing
A meeting at which a sale of a
property is finalized by the
buyer signing the mortgage
documents and paying closing
costs. Also called "settlement."
closing cost item
A fee or amount that a home
buyer must pay at closing for a
single service, tax, or product.
Closing costs are made up of
individual closing cost items
such as origination fees and
attorney's fees. Many closing
cost items are included as
numbered items on the HUD-1
statement.
closing costs
Expenses (over and above the
price of the property) incurred
by buyers and sellers in
transferring ownership of a
property. Closing costs normally
include an origination fee, an
attorney's fee, taxes, an amount
placed in escrow, and charges
for obtaining title insurance
and a survey. Closing costs
percentage will vary according
to the area of the country.
closing statement
Also referred to as the HUD1.
The final statement of costs
incurred to close on a loan or
to purchase a home.
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.
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 areas
Those portions of a building,
land, and amenities owned (or
managed) by a planned unit
development (PUD) or condominium
project's homeowners'
association (or a cooperative
project's cooperative
corporation) that are used by
all of the unit owners, who
share in the common expenses of
their operation and maintenance.
Common areas include swimming
pools, tennis courts, and other
recreational facilities, as well
as common corridors of
buildings, parking areas, means
of ingress and egress, etc.
Community Home Improvement
Mortgage Loan
An alternative financing option
that allows low- and
moderate-income home buyers to
obtain 95 percent financing for
the purchase and improvement of
a home in need of modest
repairs. The repair work can
account for as much as 30
percent of the appraised value.
community property
In some western and southwestern
states, a form of ownership
under which property acquired
during a marriage is presumed to
be owned jointly unless acquired
as separate property of either
spouse.
comparables
An abbreviation for "comparable
properties"; used for
comparative purposes in the
appraisal process. Comparables
are properties like the property
under consideration; they have
reasonably the same size,
location , and amenities and
have recently been sold.
Comparables help the appraiser
determine the approximate fair
market value of the subject
property.
condominium
A real estate project in which
each unit owner has title to a
unit in a building, an undivided
interest in the common areas of
the project, and sometimes the
exclusive use of certain limited
common areas.
condominium conversion
Changing the ownership of an
existing building (usually a
rental project) to the
condominium form of ownership.
construction loan
A short-term, interim loan for
financing the cost of
construction. The lender makes
payments to the builder at
periodic intervals as the work
progresses.
consumer reporting agency (or
bureau)
An organization that prepares
reports that are used by lenders
to determine a potential
borrower's credit history. The
agency obtains data for these
reports from a credit repository
as well as from other sources.
contingency
A condition that must be met
before a contract is legally
binding. For example, home
purchasers often include a
contingency that specifies that
the contract is not binding
until the purchaser obtains a
satisfactory home inspection
report from a qualified home
inspector.
contract
An oral or written agreement to
do or not to do a certain thing.
conventional mortgage
A mortgage that is not insured
or guaranteed by the federal
government.
convertibility clause
A provision in some
adjustable-rate mortgages (ARMs)
that allows the borrower to
change the ARM to a fixed-rate
mortgage at specified timeframes
after loan origination.
convertible ARM
An adjustable-rate mortgage
(ARM) that can be converted to a
fixed-rate mortgage under
specified conditions.
cooperative (co-op)
A type of multiple ownership in
which the residents of a
multiunit housing complex own
shares in the cooperative
corporation that owns the
property, giving each resident
the right to occupy a specific
apartment or unit.
corporate relocation
Arrangements under which an
employer moves an employee to
another area as part of the
employer's normal course of
business or under which it
transfers a substantial part or
all of its operations and
employees to another area
because it is relocating its
headquarters or expanding its
office capacity.
cost of funds index (COFI)
An index that is used to
determine interest rate changes
for certain adjustable-rate
mortgage (ARM) plans. It
represents the weighted-average
cost of savings, borrowings, and
advances of the 11th District
members of the Federal Home Loan
Bank of San Francisco.
covenant
A clause in a mortgage that
obligates or restricts the
borrower and that, if violated,
can result in foreclosure.
credit
An agreement in which a borrower
receives something of value in
exchange for a promise to repay
the lender at a later date.
credit history
A record of an individual's open
and fully repaid debts. A credit
history helps a lender to
determine whether a potential
borrower has a history of
repaying debts in a timely
manner.
credit report
A report of an individual's
credit history prepared by a
credit bureau and used by a
lender in determining a loan
applicant's creditworthiness.
See merged credit report.
credit repository
An organization that gathers,
records, updates, and stores
financial and public records
information about the payment
records of individuals who are
being considered for credit.
debt
An amount owed to another.
deed
The legal document conveying
title to a property.
deed-in-lieu
A deed given by a mortgagor to
the mortgagee to satisfy a debt
and avoid foreclosure.
deed of trust
The document used in some states
instead of a mortgage; title is
conveyed to a trustee.
default
Failure to make mortgage
payments on a timely basis or to
comply with other requirements
of a mortgage.
delinquency
Failure to make mortgage
payments when mortgage payments
are due.
deposit
A sum of money given to bind the
sale of real estate, or a sum of
money given to ensure payment or
an advance of funds in the
processing of a loan.
depreciation
A decline in the value of
property; the opposite of
appreciation.
down payment
The part of the purchase price
of a property that the buyer
pays in cash and does not
finance with a mortgage.
due-on-sale provision
A provision in a mortgage that
allows the lender to demand
repayment in full if the
borrower sells the property that
serves as security for the
mortgage.
earnest money deposit
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.
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.
Fair Credit Reporting Act
A consumer protection law that
regulates the disclosure of
consumer credit reports by
consumer/credit reporting
agencies and establishes
procedures for correcting
mistakes on one's credit record.
fair market value
The highest price that a buyer,
willing but not compelled to
buy, would pay, and the lowest a
seller, willing but not
compelled to sell, would accept.
Fannie Mae
A congressionally chartered,
shareholder-owned company that
is the nation's largest supplier
of home mortgage funds.
Fannie Mae's Community Home
Buyer's Program
An income-based community
lending model, under which
mortgage insurers and Fannie Mae
offer flexible underwriting
guidelines to increase a low- or
moderate-income family's buying
power and to decrease the total
amount of cash needed to
purchase a home. Borrowers who
participate in this model are
required to attend pre-purchase
home-buyer education sessions.
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.
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.
first mortgage
A mortgage that is the primary
lien against a property.
fixed-rate mortgage (FRM)
A mortgage in which the interest
rate does not change during the
entire term of the loan.
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
mrotgage debt.
fully amortized ARM
An adjustable-rate mortgage
(ARM) with a monthly payment
that is sufficient to amortize
the remaining balance, at the
interest accrual rate, over the
amortization term.
good
faith estimate
An estimate of charges which a
borrower is likely to incur in
connection with a settlement.
hazard insurance
Insurance protecting against
loss to real estate caused by
fire, some natural causes,
vandalism, etc., depending upon
the terms of the policy.
housing ratio
The ratio of the monthly
housing payment in total (PITI -
Principal, Interest, Taxes, and
Insurance) divided by the gross
monthly income. This ratio is
sometimes referred to as the top
ratio or front end ratio.
HUD
The U.S. Department of
Housing and Urban Development.
index
A published interest rate to
which the interest rate on an
Adjustable Rate Mortgage (ARM)
is tied. Some commonly used
indeces include the 1 Year
Treasury Bill, 6 Month LIBOR,
and the 11th District Cost of
Funds (COFI).
lien
An encumbrance against
property for money due, either
voluntary or involuntary.
lifetime cap
A provision of an ARM that
limits the highest rate that can
occur over the life of the loan.
loan
to value ratio (LTV)
The ratio of the amount of
your loan to the appraised value
of the home. The LTV will affect
programs available to the
borrower and generally, the
lower the LTV the more favorable
the terms of the programs
offered by lenders.
lock-in
A written agreement
guaranteeing the home buyer a
specified interest rate provided
the loan is closed within a set
period of time. The lock-in also
usually specifies the number of
points to be paid at closing.
margin
The number of percentage
points a lender adds to the
index value to calculate the ARM
interest rate at each adjustment
period. A representative margin
would be 2.75%.
mortgage
A legal document that
pledges a property to the lender
as security for payment of a
debt
mortgage disability insurance
A disability insurance
policy which will pay the
monthly mortgage payment in the
event of a covered disability of
an insured borrower for a
specified period of time.
mortgage insurance (MI)
Insurance written by an
independent mortgage insurance
company protecting the mortgage
lender against loss incurred by
a mortgage default. Usually
required for loans with an LTV
of 80.01% or higher.
mortgagee
The person or company who
receives the mortgage as a
pledge for repayment of the
loan. The mortgage lender.
mortgagor
The mortgage borrower who
gives the mortgage as a pledge
to repay.
non-conforming loan
Also called a jumbo loan.
Conventional home mortgages not
eligible for sale and delivery
to either Fannie Mae (FNMA) or
Freddie Mac (FHLMC) because of
various reasons, including loan
amount, loan characteristics or
underwriting guidelines.
Non-conforming loans usually
incur a rate and origination fee
premium.The current
non-conforming loan limit is
,601 and above.
note
A written agreement
containing a promise of the
signer to pay to a named person,
or order, or bearer, a definite
sum of money at a specified date
or on demand.
origination fee
A fee imposed by a lender to
cover certain processing
expenses in connection with
making a real estate loan.
Usually a percentage of the
amount loaned, such as one
percent.
owner
financing
A property purchase
transaction in which the
property seller provides all or
part of the financing.
Planned Unit Developments (PUD)
A subdivision of five or
more individually owned lots
with one or more other parcels
owned in common or with
reciprocal rights in one or more
other parcels.
PITI
Principal, interest, taxes
and insurance--the components of
a monthly mortgage payment.
points
Charges levied by the
mortgage lender and usually
payable at closing. One point
represents 1% of the face value
of the mortgage loan.
prepaids
Those expenses of property
which are paid in advance of
their due date and will usually
be prorated upon sale, such as
taxes, insurance, rent, etc.
prepayment penalty
A charge imposed by a
mortgage lender on a borrower
who wants to pay off part or all
of a mortgage loan in advance of
schedule.
principal
Amount of debt, not
including interest. The face
value of a note or mortgage.
private mortgage insurance (PMI)
Insurance provided by
nongovernment insurers that
protects lenders against loss if
a borrower defaults. Fannie Mae
generally requires private
mortgage insurance for loans
with loan-to-value (LTV)
percentages greater than 80%.
qualifying ratios
The ratio of your fixed
monthly expenses to your gross
monthly income, used to
determine how much you can
afford to borrow. The fixed
monthly expenses would include
PITI along with other
obligations such as student
loans, car loans, or credit card
payments.
rate
cap
A limit on how much the
interest rate can change, either
at each adjustment period or
over the life of the loan.
rate
lock-in
A written agreement in which the
lender guarantees the borrower a
specified interest rate,
provided the loan closes within
a set period of time.
rebate
Compensation received from a
wholesale lender which can be
used to cover closing costs or
as a refund to the borrower.
Loans with rebates often carry
higher interest rates than loans
with "points" (see above).
refinancing
The process of paying off one
loan with the proceeds from a
new loan using the same property
as security.
residential mortgage credit
report (RMCR)
A report requested by your
lender that utilizes information
from at least two of the three
national credit bureaus and
information provided on your
loan application.
seller carry back
An agreement in which the owner
of a property provides
financing, often in combination
with an assumed mortgage.
survey
A print showing the measurements
of the boundaries of a parcel of
land, together with the location
of all improvements on the land
and sometimes its area and
topography.
tenants-in-common
An undivided interest in
property taken by two or more
persons. The interest need not
be equal. Upon death of one or
more persons, there is no right
of survivorship.
title
The evidence one has of right to
possession of land.
title
insurance
Insurance against loss resulting
from defects of title to a
specifically described parcel of
real property.
title
search
An investigation into the
history of ownership of a
property to check for liens,
unpaid claims, restrictions or
problems, to prove that the
seller can transfer free and
clear ownership.
total
debt ratio
Monthly debt and housing
payments divided by gross
monthly income. Also known as
Obligations-to-Income Ratio or
Back-End Ratio.
Truth-in-Lending Act
A federal law requiring a
disclosure of credit terms using
a standard format. This is
intended to facilitate
comparisons between the lending
terms of different financial
institutions.
Veterans Administration (VA)
A government agency guaranteeing
mortgage loans with no down
payment to qualified veterans.