Alphabetical Index
Abstract of Title - A summary of recorded
transactions concerning a property. (An attorney or title insurance company
examines an abstract of title for any title defects which must be cleared
before a buyer can purchase clear, marketable, and insurable title.)
Acceleration Clause - Condition in a mortgage that gives the lender
the right to require immediate repayment of the loan balance if regular
mortgage payments are not made, or for breach of other conditions of the
mortgage.
Accrued Interest - Interest earned but not yet paid.
Adjustable Rate - An interest rate that changes periodically
according to an index.
Adjustable Rate Mortgage (ARM) - A
mortgage in which the interest rate is adjusted periodically based on a
pre-selected index. Thus, interest rate and payments rise and fall with the
market.
Adjustment Interval - The time between changes in the interest rate
and monthly payments on an ARM
Agreement of Sale - Contract signed by buyer and seller stating
the terms and conditions under which a property will be sold.
Alternative Documentation - A
method of documenting a loan file that relies on information the borrower is
likely to be able to provide instead of waiting on verification sent to third
parties for confirmation of statements made in the application.
Amortization - A monthly repayment schedule according to which a loan is
repaid in fixed payments of principal and interest. For the first few years,
most of each payment is applied toward interest. During the final years of the
loan, payment amounts are applied almost exclusively to the remaining
principal.
Annual Percentage Rate (APR) - The
cost of a mortgage expressed as a yearly rate. This percentage takes into
account interest, points, origination fees, and mortgage insurance, so will be
slightly higher than the interest rate on the loan.
Application - An initial statement of personal and financial information
required to approve your loan.
Application Fee - Fees charged by lender to cover initial costs
of processing a loan application, often including charges for property
appraisal and a credit report.
Appraisal - A written estimate of a property's current market value,
based on recent sales information for similar properties, the condition of the
property, and how the neighborhood might affect future property value.
Appraisal Fee - A fee charged by a licensed, certified
appraiser to render an opinion of market value as of a specific date.
APR - See Annual Percentage Rate.
ARM - See
Adjustable Rate Mortgage.
Assessment - A local tax levied against a property for a specific
purpose, such as road or sidewalk construction, a sewer, or street lights.
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 property rights by one person, the
assignor, to another, the assignee.
Assumability - A feature of a loan which allows it to be transferred to
the new purchaser of a home.
Assumable mortgages can help attract buyers since assumption of a loan requires
lower fees and/or qualifying standards than a new loan.
Assumption - Agreement between buyer and seller for the buyer to take
over the payments on an existing mortgage.
Balloon Mortgage - A short-term fixed-rate loan with low payments
for a set number of years and one large final balloon payment of the remainder
of the principal.
Balance Sheet- A document showing the financial situation--assets, liabilities,
and net worth--of a company at a specific point in time.
Bankruptcy - Proclamation by a court of an
individual's (or organization's) state of insolvency, or inability to pay
debts. Petition may be brought by an individual or his creditors, with a goal
of orderly and equitable settlement of obligations.
Bearer - The legal owner of a piece of property.
Bequest - A gift of personal
property by will.
Bill of Sale - A document by which one transfers ownership of
goods to another.
Bi-Weekly Mortgage - A payment plan under which one pays one half
of a monthly payment every two weeks, saving substantially over the life of the
loan.
Blanket Mortgage - A mortgage covering at least two pieces of
real estate, both of which serve as collateral for the loan.
Bona Fide - In good faith.
Bond - A document
representing a right to certain payments on underlying collateral.
Borrower (Mortgagor) - An individual who
applies for and receives a loan in the form of a mortgage with the intention of
repaying the loan in full
Bridge loan (Swing 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 who assists in arranging funding or
negotiating contracts for a client but does not loan money himself.
Buy-down - A situation in which the seller contributes
money which allows the lender to give the buyer a lower rate and payment,
usually in exchange for an increase in sales price.
Buyers Broker - An agent hired by a buyer to locate a property
for purchase and to represent the buyer in negotiations with the seller's
broker for the best possible deal for the buyer.
Buyers Market - Market conditions that favor buyers. With more
sellers than buyers in the market, buyers have ample choice of properties and
can negotiate lower prices.
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.
Caps - Limits on changes in ARM interest rates or monthly
payments, either in an adjustment period or over the life of the loan.
Caps (interest) - Consumer safeguards which limit the amount the
interest rate on an adjustable rate mortgage can change in an adjustment
interval and/or over the life of the loan.
Caps (payment) - Consumer safeguards which limit the amount
monthly payments on an adjustable rate mortgage may change. Since they do not
limit the amount of interest the lender is earning, they may cause negative
amortization.
Cash Out - A refinance for more than the balance of the
original mortgage, so that money is taken out of the equity built up in the
house.
Cashier's Check (or Bank Check) - A
check whose payment is guaranteed because it was paid for in advance and is
drawn on the bank's account instead of the customer's.
CC&Rs - See Covenants, Conditions and Restrictions.
Ceiling - The maximum allowable
interest rate of an adjustable rate mortgage.
Certificate of Eligibility -
Document issued by the Veterans Administration to qualified veterans which
entitles them to VA guaranteed loans. Obtainable through local VA office by
submitting form DD-214 (Separation Paper) and VA form 1880 (request for
Certificate of Eligibility).
Certificate of Occupancy -
Document issued by local government agency stating that a property meets the
requirements of health and building codes.
Certificate of Reasonable Value (CRV) - A property appraisal performed by a VA approved appraiser
which establishes the limit on the principal of the VA loan.
Certificate of Title - Written opinion of the status of title to a
property, given by an attorney or title company. This certificate does not
offer the protection given by title insurance.
Certificate of Veteran Status -
Document given to veterans or reservists who have served 90 days of continuous
active duty (including training time) which enables them to obtain lower down
payments on certain FHA-insured loans. Obtainable through local VA office by
submitting form DD 214 (Separation Paper) with form 26-8261a (request for
certificate of veteran status).
Certified Check - A check drawn on the issuer's account for
funds that have been segregated by the bank, guaranteeing payment.
Chain of Title - The chronological order of conveyance of a
property from the original owner to the present owner.
Clear Title - A marketable title, free of clouds and
disputes.
Closing (or Settlement) -
Meeting between the buyer, seller and lender or their agents at which property
and funds legally change hands.
Closing Costs - Fees incurred in a real estate or mortgage
transaction and paid by borrower and/or seller during the closing of the
mortgage loan. These typically include a loan origination fee, discount points,
attorney's fees, title insurance, appraisal, survey, and any items which must
be prepaid, such as taxes and insurance escrow payments. The cost of closing is
usually about 3 percent to 6 percent of the mortgage amount.
Closing Statement - Financial disclosure statement that lists the
funds received and expected at the closing.
Cloud on Title - An outstanding claim or encumbrance that, if
valid, would affect or impair the owner's title.
COFI - See Cost of Funds Index.
Collateral - Assets that back a mortgage loan.
Combined Loan-to-Value (CLTV) - the ratio of the total mortgage liens
against the subject property to the lesser of either the appraised value or the
sales price.
Commission - Money paid to a real estate agent or broker by the seller
(usually 6-7% of the sale price of the house).
Commitment - A formal offer by a lender to make a loan under certain
terms or conditions to a borrower.
Condominium - A form of property
ownership in which the homeowner holds title to an individual dwelling unit and
an interest in common areas and facilities of a multi-unit project.
Conforming Loan - A
mortgage loan under the maximum amount of loans FNMA and FHLMC are legally
allowed to buy (up to $275,000 for a one unit property).
Construction Loan -
A short term interim loan to fund the
construction of buildings or homes, which usually advances the money to the
builder as work progresses. After completion, a permanent loan is used to pay
off the construction loan.
Contingency - A condition which must be satisfied before a
contract is legally binding--before a sale can close.
Contract of Sale - The agreement between the buyer and seller on
the purchase price, terms, and conditions of a sale.
Conventional Loan - A mortgage not insured by the FHA or
guaranteed by the VA.
Conversion Clause - A provision in some ARMs that allows you to
change an ARM to a fixed-rate loan, usually after the first adjustment period.
The new fixed rate will be set at current rates, and there may be a charge for
the conversion feature.
Convertible ARMs - ARMs with the option of conversion to a fixed
loan during a given time period.
Conveyance- The transfer of a deed, or possibly a lease or mortgage.
Cost of Funds Index (COFI) - An index of the weighted-average interest rate paid by savings
institutions for sources of funds, usually by members of the 11th Federal Home
Loan Bank District.
Covenants, Conditions and Restrictions (CC&Rs) - A document that defines the use, requirements
and restrictions of a property.
Credit Report- A report detailing the credit history of a prospective borrower,
used to help determine creditworthiness.
Credit Risk - The possibility that the borrower may default
on financial obligations to the investor.
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Debt-to-Income Ratio - The ratio, expressed as a percentage, which
results when a borrower's monthly payment obligation on long-term debts is
divided by his or her gross monthly income.
Deed - Legal document by
which title to a property is transferred from one owner to another. The deed
contains a de ion of the property, and is signed, witnessed, and delivered to
the buyer at closing.
Deed of Trust - Agreement to pledge property as security for a
loan, used in many states in place of a mortgage. In such an arrangement, the
borrower transfers legal title to a trustee who holds the property in trust as
security for the repayment of the debt. The deed of trust becomes void if the
debt is repaid, but if the borrower defaults on the loan, the trustee may sell
the property to pay the debt.
Default - Failure to meet legal obligations in a contract, including
failure to make payments on a loan. A mortgage is generally considered to be in
default when a payment is 30 days past due.
Deferred Interest - Interest added to the balance of a loan when
monthly payments are not sufficient to cover it. (See negative amortization.)
Delinquency - Failure to make
payments on time.
Deposit - Cash paid to the seller when a formal sales
contract is signed.
Depreciation - When the value of property declines.
Discount Points (or Points) -
Money paid to a lender at closing in exchange for lower interest rates. Each
point is equal to 1% of the loan amount.
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.
Document Review - Fee charged by lender for review of documents
necessary to fund a loan.
Down Payment - Money paid for a house from one's own funds at closing. The down
payment will be in the amount of the difference between the purchase price and
mortgage amount.
Due-on-Sale Clause - Provision in a mortgage or deed of trust
allowing the lender to demand immediate payment of the loan balance upon sale
of the property.
Earnest Money - Deposit made by a buyer towards the down
payment in evidence of good faith when the purchase agreement is signed.
ECOA - See Equal Credit Opportunity Act.
Effective Interest Rate - The
cost of a mortgage expressed as a yearly rate, usually higher than the interest
rate on the mortgage since this figure includes up-front costs of acquiring the
loan.
Encumbrance - A legal right or interest in a property that affects title
and lessens the property value. Encumbrances can take the form of claims,
liens, unpaid taxes, etc. These will usually have to be taken care of before a
buyer will want to purchase the property.
Equal Credit Opportunity Act (ECOA) -
Federal law requiring 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 percentage of
property value held by the owner; the difference between the current market
value of a property and the outstanding mortgage balance.
Equity Loan - A loan based on the borrower's equity in his
or her home.
Escrow Account- Account held by lender containing funds collected as part of
mortgage payments for annual expenses such as taxes and insurance, so that the
homeowner does not have to collect a large sum when these fall due.
Escrow Waiver - When a buyer borrows less than 80% of the cost
of the house, he may pay a one-time fee and elect not to open an escrow
account, but to pay the hazard insurance and property taxes himself.
Fannie Mae - See Federal National Mortgage Association.
Farmer's Home Administration (FmHA) - An
agency, within the U.S. Department of Agriculture, that provides financing for
purchasers of homes and farms in small towns and rural areas.
FDIC - See Federal Deposit Insurance Corporation
Federal Deposit Insurance Corporation (FDIC) -
Independent deposit insurance agency created by Congress to maintain stability
and public confidence in the nation's banking system.
Federal Home Loan Bank Board (FHLBB) -
Former name for the regulatory and supervisory agency for federally chartered
savings institutions, now called the Office of Thrift Supervision.
Federal Home Loan Mortgage Corporation (FHLMC, or
Freddie Mac) -
Quasi-governmental agency that purchases conventional mortgages from insured
depository institutions and HUD-approved mortgage bankers.
Federal Housing Administration (FHA) -
Government agency, division of the Department of Housing and Urban Development,
which insures residential mortgage loans made by private lenders and sets
standards for underwriting mortgage loans.
Federal National Mortgage Association (FNMA, or Fannie
Mae) -
Corporation created by Congress that buys and sells residential mortgages,
providing funds for one in seven mortgages.
Federal Reserve - Central bank of the United States and major
regulatory agency for many commercial banks.
Fee Simple - Absolute ownership of real property.
FHA - See Federal Housing Administration.
FHA Loan - Loan insured by the FHA for low- to
middle-income homes, open to all qualified home purchasers.
FHLBB - See Federal Home Loan Bank Board.
FHLMC - See Federal Home Loan Mortgage Corporation.
First Mortgage - A mortgage which is in first lien position, taking
priority over all other liens. In the case of a foreclosure, the first mortgage
will be repaid before any other mortgages.
Fixed Rate - An interest rate which is fixed for the term
of the loan.
Fixed-Rate Mortgage - A mortgage whose interest rate does not change
for the life of the loan. Payments are also fixed.
Flood Insurance - A form of hazard insurance required by lenders
to cover properties in flood zones.
Floor - The minimum rate of
interest payable on an adjustable-rate mortgage.
FmHA - See Farmer's Home Administration.
FNMA - See Federal National Mortgage Association.
Forbearance - Grace period given when a lender postpones foreclosure to
give the borrower time to catch up on overdue payments.
Foreclosure (or Repossession) -
Legal process by which the lender forces the sale of a property because the
borrower has not met the mortgage terms.
Freddie Mac - See Federal Home Loan Mortgage Corporation.
Ginnie Mae - See Government National Mortgage Association.
GNMA - See Government National Mortgage Association.
Good Faith Estimate - Written estimate of costs the borrower will
have to pay at closing, provided by a lender within three days of a loan
application.
Government National Mortgage Association (GNMA, or
Ginnie Mae) -
Government agency that provides funds for VA and FHA loans.
Graduated
Payment Mortgage (GPM) - Mortgage in which initial low payments (with
potential negative amortization) increase regularly for several years and then
level off.
Grace Period - Period of time during which a loan payment may
be made after its due date without incurring a late penalty.
Gross - Before taxes.
Gross Income - Total income before taxes or expenses are
deducted.
Gross Monthly Income - The total amount earned by the borrower each
month.
Growing Equity Mortgage - A
fixed-rate loan in which payments increase by some predetermined amount each
year, which reduces the outstanding balance of the loan. This accelerated
payment plan allows repayment of a 30-year loan in 15 to 20 years.
Guarantee - To assume liability for another's debts in the event of
his default.
Guaranty - A promise by one party
to pay a debt or perform an obligation contracted by another in case of that
person's default.
Hazard Insurance - Protects the insured against loss due to fire
or other natural disaster in exchange for a premium paid to the insurer.
Home Equity Loan - A loan secured by the equity in your home.
These are sought for a variety of purposes, including home improvements, major
purchases or expenses, and debt consolidation. Interest paid is usually tax
-deductible.
Homeowners Warranty - A type of insurance that covers repairs to
specified parts of a house for a specific period of time.
Housing and Urban Development (HUD) - A
U.S. government agency established to implement federal housing and community
development programs; oversees the Federal Housing Administration.
Housing Code - Local government ordinance that sets minimum
standards of safety and sanitation for existing residential buildings.
Housing Expense-to-Income Ratio - The
ratio, expressed as a percentage, which results when a borrower's housing
expenses are divided by his/her gross monthly income.
HUD - See Housing and Urban Development.
HUD-I Settlement Statement - A
form which itemizes the closing costs associated with purchasing a home.
Impound (or Reserves) - Portion of a borrower's monthly payments held
by the lender to pay for taxes, insurance, and other items as they become due.
Impound Account- Savings account for accumulating that portion of a borrowers
monthly payments designated for future payments of taxes and insurance.
(Required by certain lenders or with certain types of financing.)
Index- A published rate used by lenders to calculate interest adjustments
on ARMs (Index+Margin=Interest Rate). Some indexes are more volatile than
others. Some common indices are 1 year Treasury bills, COFI (Cost of Funds
Index ) & 6 month LIBOR (London Interbank Offered Rate).
Initial Rate - The rate charged during the first interval of
an ARM.
Insolvency - Condition of a person who is unable to pay his debts as
they fall due.
Interest - Charge paid for
borrowing money, calculated as a percentage of the amount borrowed.
Interest Rate - The periodic charge, expressed as a
percentage, for use of credit.
Interest Rate Cap - A safeguard built into ARMs to prevent drastic
changes in interest rates.
Joint Liability - Liability shared among two or more people,
each of whom is liable for the full debt.
Joint Tenancy - The ownership of property by two or more
persons with the survivor taking the share of the deceased.
Jumbo Loan - A mortgage larger than the limits set by the
Federal National Mortgage Association and the Federal Home Loan Mortgage
Corporation, currently over $275,000. Because jumbo loans cannot be funded by
these two agencies, they usually carry a higher interest rate.
Junior Mortgage - A mortgage subordinate or secondary to another
mortgage. In the case of a foreclosure a senior mortgage will be paid first.
Late Charge - Penalty paid by a borrower when a payment is
made after the due date.
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. Monthly
rental payments cover mortgage payments, and also include an additional amount
which is saved toward a down payment.
Lender - The bank, mortgage company, or mortgage broker offering
the loan.
LIBOR (London Interbank Offered Rate) - The
interest rate charged among banks for short-term Eurodollar loans, and a common
index for ARMs.
Lien - A claim by one person
on the property of another for payment of a debt.
Loan Administration (or Loan Servicing) - The
collection of mortgage payments from borrowers and related responsibilities
(such as handling escrows for property tax and insurance, foreclosing on
defaulted loans and remitting payments to investors).
Loan Application - Document required by lenders prior to loan
approval containing detailed information about the borrower and property.
Loan Application Fee -Fee paid by prospective buyer to lender when
applying for a mortgage.
Loan Origination Fee - Fee charged by a lender for processing a
mortgage, usually expressed as a percentage of the loan (or points), which pays
for the work in evaluating and processing the loan.
Loan Servicing (or Loan Administration) - The
collection of mortgage payments from borrowers and related responsibilities
(such as handling escrows for property tax and insurance, foreclosing on
defaulted loans and remitting payments to investors).
Loan to Value Ratio (LTV) - The
percentage of the property value borrowed. (Loan amount/property value=LTV)
Lock or Lock In - A lender's guarantee of an interest rate for a
set period of time, usually between loan application and loan closing; protects
borrower against rate increases during that time.
Margin - The number of percentage points added to an index to
calculate the interest rate on an ARM at each adjustment.
Marketable Title - A title that is free and clear of liens,
clouds, or other defects which would prevent the sale of the property.
Market rate - The average rate charged by lenders for
conventional, fixed-rate loans.
Market Value - The highest price that a buyer would pay for a
property and the lowest price a seller would accept.
Monthly Housing Expense -
Total monthly expense of principal, interest, taxes, and insurance.
Mortgagee - The lender in a mortgage loan transaction.
Mortgage - Document creating a lien on a property as security for the
payment of a debt.
Mortgage Banker - Originates and services mortgage loans,
funding them with their own money.
Mortgage Broker - Arranges financing for borrowers, but place
loans with lenders rather than funding them with their own money.
Mortgage Insurance - Insurance purchased by a buyer to cover the
lender's risk when a down payment is less than 20 percent of the purchase
price.
MIP(Mortgage Insurance Premium) - Insurance purchased by borrower to
insure against default on government (FHA or VA) loans.
Mortgage Loan - A loan for which real estate serves as
collateral to provide for repayment in case of default.
Mortgage Note - Legal document obligating a borrower to repay
a loan at a stated interest rate during a specified period of time. The
agreement is secured by a mortgage.
Mortgagor - The borrower in a mortgage loan transaction.
Negative Amortization - Increase in principal balance which
occurs when monthly payments are not large enough to pay all interest due on a
loan, usually caused when payment caps prevent sufficient payment increases.
Unpaid deferred interest is added to the loan balance, which means that the
borrower ends up owing more than the original amount of the loan.
Net - After taxes- Net Effective Income -Gross income minus federal income tax.
Non-Assumption Clause - A
statement in a mortgage contract forbidding the assumption of the mortgage by
another borrower without the prior approval of the lender.
Non-Conforming Loan - Loan that does not comply with Fannie Mae or
Freddie Mac guidelines, but is larger than $240,000.
Nondischargeable Debt - Debt, such as taxes, that cannot be forgiven
in a bankruptcy liquidation.
Note - Legal document stating the terms of a debt and a promise
to repay it.
Notice of Default - Written notice to a borrower that a default
has occurred and that legal action may be taken.
Office of Comptroller Currency - The
oldest federal financial regulatory body, which oversees the nation's federally
chartered banks.
Office of Thrift Supervision -
Regulatory and supervisory agency for federally chartered savings institutions.
Origination Fee - Fee charged by a lender for processing a
mortgage, usually expressed as a percentage of the loan (or points), which pays
for the work in evaluating and processing the loan.
Owner Financing - A purchase in which the seller provides all or
part of the financing.
Payment Cap - Limit on the amount by which a borrower's ARM
payments may increase, regardless of rise in interest rates; may result in
negative amortization.
Per Diem Interest - Interest calculated per day. (Depending on the
day of the month on which closing takes place, you will have to pay interest
from the date of closing to the end of the month. Your first mortgage payment
will probably be due the first of the following month.)
Permanent Loan - A long term mortgage of ten years or more.
PITI - Abbreviation for
Principal, Interest, Taxes and Insurance, the components of a monthly mortgage
payment; also called monthly housing expenses.
Pledged Account Mortgage (PAM) - Money is placed in a pledged savings account and this fund
plus earned interest is gradually used to reduce mortgage payments.
Points (or Discount Points) -
Interest prepaid to the lender at closing. Each point is equal to 1 percent of
the loan amount. Paying more points at closing generally reduces the interest
rate (and therefore monthly payments) on a loan.
Power of Attorney - Legal document authorizing one person to act
on behalf of another.
Prepaid Expenses - Taxes, insurance and assessments paid in
advance of their due dates, including at closing.
Prepaid Interest - Charged to a borrower at closing to cover
interest on the loan between closing and the first payment.
Prepayment - Full or partial payment of the principal
before the due date. This might occur if the borrower makes extra payments,
sells the property, or refinances the existing loan.
Prepayment Penalty - Fee charged by a lender for early payment of
debt.
Prequalification - The process of determining how much money a prospective
homebuyer will be eligible to borrow prior to application for a loan.
Primary Mortgage Market -
Includes banks, savings and loans, credit unions, and mortgage bankers who make
mortgage loans directly to borrowers. These lenders sometimes sell their
mortgages to lenders like FNMA in the secondary mortgage market.
Prime Rate - Lowest commercial interest rate charged by a
bank on short term loans to its most credit worthy customers.
Principal - The amount of debt,
not counting interest, left on a loan.
Private Mortgage Insurance (PMI) -
Insurance purchased by a buyer when a down payment is less than 20% of the
purchase price to protect the lender against default.
Profit and Loss Statement -
Financial statement showing sales, expenses and profits over a period of time.
Property Tax - A government tax based on the market value of
a property.
Purchase Agreement - Contract signed by buyer and seller stating
the terms and conditions under which a property will be sold.
Qualifying Ratio - Comparison of a borrower's expenses (housing
or total debt) to his income.
Real Estate Broker - An agent who represents a buyer or seller in a real estate
transaction.
Real Estate Settlement Procedures Act - Law
requiring lenders to give borrowers advance notice of closing costs.
Real Property - Land and everything that is permanently
affixed to it.
Realtor - Real estate professional who is a member of the National
Association of Realtors.
Recision - The cancellation of a contract, permitted by
law within three days of signing a mortgage not used to purchase a home.
Reclamation - The right of the person with title to a property to
recover it from the debtor in case of a bankruptcy.
Reconveyance - The transfer of property back to the owner when a mortgage
is fully repaid
Recording - The act of entering
documents concerning title to a property into the public records.
Recording Fee - Money paid to an agent for entering the sale
of a property into the public records.
Refinancing - The process of paying off one loan with the proceeds from
a new loan secured by the same property.
Rent With Option To Buy - See
Lease-purchase mortgage loan.
Repossession (or Foreclosure) -
Legal process by which the lender forces the sale of a property because the
borrower has not met the mortgage terms.
RESPA - See Real Estate
Settlement Procedures Act.
Reverse Annuity Mortgage (RAM) -
Mortgage used by the elderly in which the lender makes periodic payments to the
borrower using the borrower's equity in the home.
Sale Agreement - Contract signed by buyer and seller stating the terms and
conditions under which a property will be sold.
Satisfaction - The payment of a debt which satisfies an
obligation.
Secondary Mortgage Market - The
market into which primary mortgage lenders sell the mortgages they make to
obtain funds to originate more new loans; includes investors like Fannie Mae and
Freddie Mac.
Second Mortgage - A subordinate mortgage made in addition to a
first mortgage.
Servicing (or Loan Administration) - The
collection of mortgage payments from borrowers and related responsibilities
(such as handling escrows for property tax and insurance, foreclosing on
defaulted loans and remitting payments to investors).
Settlement (or Closing) -
Meeting between the buyer, seller and lender or their agents at which property
and funds legally change hands.
Settlement Costs - See Closing Costs.
Settlement Cost (HUD guide) -
Booklet that provides an overview of the lending process, given to consumers
after completing loan application.
Settlement Sheet - The computation of costs payable at closing
which determines the seller's net proceeds and the buyer's net payment.
Shared Appreciation Mortgage (SAM) - Loan in which the borrower is given a below-market interest rate
and the lender receives a portion of the future appreciation of the property
value.
Simple Interest - Interest which is computed only on the
principal balance.
Subsidized Second Mortgage - Alternative financing option for low- and
moderate-income households that also includes a down payment and a first
mortgage, with funds for the second mortgage provided by city, county, or state
housing agencies, foundations, or nonprofit corporations. Payment on the second
mortgage is often deferred and carries low interest rates (if any). Part of the
debt may be forgiven for each year the family remains in the home.
Survey - A measurement of land, prepared by a licensed surveyor,
showing a property's boundaries, elevations, improvements, and relationship to
surrounding tracts.
Sweat Equity - Value added to a property by improvements made
by the owner.
Tax Impound - Money paid to and held by a lender for annual
tax payments. See Impound Account.
Tax Lien - Claim against a
property for unpaid taxes.
Tax Sale - Public sale of property by a government
authority as a result of non-payment of taxes.
Term - The number of years it will take to pay off a
loan.
Title - Document which gives
evidence of ownership of a property. Also the rights of ownership and
possession of that property.
Title Company - A company that insures title to property.
Title Insurance - Insurance which protects the lender (lender's
policy) or the buyer (owner's policy) against loss due to disputes over
ownership of a property.
Title Search - Examination of
municipal records to ensure that the seller is the legal owner of a property
and that there are no liens other claims against the property.
Transfer Tax - Tax paid when title
passes from one owner to another.
Trust Account - Account maintained by a broker or escrow
company to handle all money collected for clients.
Trustee - Someone given legal
responsibility to hold property in the best interest of another.
Truth-in-Lending Act - Federal law requiring written disclosure of
the terms of a mortgage (including the APR and other charges) by a lender to a
borrower after application.
Two-Step Mortgage - Mortgage with a low fixed interest rate for 5,
7, or 10 years, which is then adjusted to a new rate for the rest of the loan.
Underwriting - The process of verifying data and evaluating a loan for
approval. The underwriter gives the final loan approval.
Usury- Interest charged in excess of the legal rate established by law.
VA Loan - Home loan available to veterans with little or
no down payment and guaranteed by the U.S. Veteran's Administration.
Variable Rate Mortgage - See
Adjustable Rate Mortgage.
Variable Rate - Interest rate that changes periodically in
relation to an index.
Verification of Deposit (VOD) -
Document signed by the borrower's bank or other financial institution verifying
the borrower's account balance and history.
Verification of Employment (VOE) - Document signed by the borrower's employer
verifying the borrower's position and salary.
Waiver - Voluntary
relinquishment or surrender of some right or privilege.
Walk-Through - A final inspection of a home to check for
problems that may need to be corrected before closing.
Warehouse Fee - Mortgage firms often borrow funds on a short term basis in order
to originate loans that will later be sold to investors in the secondary
mortgage market. When the prime rate of interest is higher on short term loans
than on mortgage loans, the mortgage firm has an economic loss which is offset
by charging a warehouse fee.
Wraparound Mortgage - Loan arrangement in which an existing loan is
combined with a new loan, resulting in an interest rate somewhere between the
old rate and the current market rate.
Zoning Ordinances - Local law establishing building codes and
usage regulations for properties in a specified area. This creation of
districts specifies different types of property uses such as commercial or
residential, etc.)