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Real Estate Glossary of Terms
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Acceleration clause
A clause in your mortgage which allows the lender to demand payment of the
outstanding loan balance for various reasons. The most common reasons for
accelerating a loan are if the borrower defaults on the loan or transfers title
to another individual without informing the lender.
Acre
A measure of land equaling 43,560 square feet; 4,840 square yards; 1600 square
rods
Adjustable-rate mortgage (ARM)
A mortgage in which the interest changes periodically, according to
corresponding fluctuations in an index. All ARMs are tied to indexes.
Adjustment date
The date the interest rate changes on an adjustable-rate mortgage
Adverse Possession
The acquiring of title to real property owned by someone else, by means of open,
notorious and continuous possession for the statutory period of time.
Agent
One who is authorized to represent and to act on behalf of another person
(called the principal). A real estate broker is the agent of his client, be it
the seller of buyer, to whom he owes a fiduciary duty. A salesman is the agent
of his broker and does not have a direct personal contractual relationship with
either the seller or buyer.
Amortization
The loan payment consists of a portion which will be applied to pay the accruing
interest on a loan, with the remainder being applied to the principal. Over
time, the interest portion decreases as the loan balance decreases, and the
amount applied to principal increases so that the loan is paid off (amortized)
in the specified time.
Amortization Schedule
A table which shows how much of each payment will be applied toward principal
and how much toward interest over the life of the loan. It also shows the
gradual decrease of the loan balance until it reaches zero.
Annual Percentage Rate (APR)
This is not the note rate on your loan. It is a value created according to a
government formula intended to reflect the true annual cost of borrowing,
expressed as a percentage. It works sort of like this, but not exactly, so only
use this as a guideline: deduct the closing costs from your loan amount, then
using your actual loan payment, calculate what the interest rate would be on
this amount instead of your actual loan amount. You will come up with a number
close to the APR. Because you are using the same payment on a smaller amount,
the APR is always higher than the actual not rate on your loan.
Application
The form used to apply for a mortgage loan, containing information about a
borrower’s income, savings, assets, debts, and more.
Appraisal
A written justification of the price paid for a property, primarily based on an
analysis of comparable sales of similar homes nearby.
Appraised Value
An opinion of a property's fair market value, based on an appraiser's knowledge,
experience, and analysis of the property. Since an appraisal is based primarily
on comparable sales, and the most recent sale is the one on the property in
question, the appraisal usually comes out at the purchase price.
Appraiser
An individual qualified by education, training, and experience to estimate the
value of real property and personal property. Although some appraisers work
directly for mortgage lenders, most are independent.
Appreciation
The increase in the value of a property due to changes in market conditions,
inflation, or other causes.
Assessed value
The valuation placed on property by a public tax assessor for purposes of
taxation.
Assessment
The placing of a value on property for the purpose of taxation.
Assessor
A public official who establishes the value of a property for taxation purposes.
Asset
Items of value owned by an individual. Assets that can be quickly converted into
cash are considered "liquid assets." These include bank accounts, stocks, bonds,
mutual funds, and so on. Other assets include real estate, personal property,
and debts owed to an individual by others.
Assignment
When ownership of your mortgage is transferred from one company or individual to
another, it is called an assignment.
Assumable Mortgage
A mortgage that can be assumed by the buyer when a home is sold. Usually, the
borrower must "qualify" in order to assume the loan.
Assumption
The term applied when a buyer assumes the seller’s mortgage.
Balloon Mortgage
A mortgage loan that requires the remaining principal balance be paid at a
specific point in time. For example, a loan may be amortized as if it would be
paid over a thirty year period, but requires that at the end of the tenth year
the entire remaining balance must be paid.
Balloon Payment
The final lump sum payment that is due at the termination of a balloon mortgage.
Bankruptcy
By filing in federal bankruptcy court, an individual or individuals can
restructure or relieve themselves of debts and liabilities. Bankruptcies are of
various types, but the most common for an individual seem to be a "Chapter 7 No
Asset" bankruptcy which relieves the borrower of most types of debts. A borrower
cannot usually qualify for an "A" paper loan for a period of two years after the
bankruptcy has been discharged and requires the re-establishment of an ability
to repay debt.
Bill of Sale
A written document that transfers title to personal property. For example, when
selling an automobile to acquire funds which will be used as a source of down
payment or for closing costs, the lender will usually require the bill of sale
(in addition to other items) to help document this source of funds.
Biweekly Mortgage
A mortgage in which you make payments every two weeks instead of once a month.
The basic result is that instead of making twelve monthly payments during the
year, you make thirteen. The extra payment reduces the principal, substantially
reducing the time it takes to pay off a thirty year mortgage. Note: there are
independent companies that encourage you to set up bi-weekly payment schedules
with them on your thirty year mortgage. They charge a set-up fee and a transfer
fee for every payment. Your funds are deposited into a trust account from which
your monthly payment is then made, and the excess funds then remain in the trust
account until enough has accrued to make the additional payment which will then
be paid to reduce your principle. You could save money by doing the same thing
yourself, plus you have to have faith that once you transfer money to them that
they will actually transfer your funds to your lender.
Bond Market
Usually refers to the daily buying and selling of thirty year treasury bonds.
Lenders follow this market intensely because as the yields of bonds go up and
down, fixed rate mortgages do approximately the same thing. The same factors
that affect the Treasury Bond market also affect mortgage rates at the same
time. That is why rates change daily, and in a volatile market can and do change
during the day as well.
Bridge Loan
Not used much anymore, bridge loans are obtained by those who have not yet sold
their previous property, but must close on a purchase property. The bridge loan
becomes the source of their funds for the down payment. One reason for their
fall from favor is that there are more and more second mortgage lenders now that
will lend at a high loan to value. In addition, sellers often prefer to accept
offers from buyers who have already sold their property.
Broker
Broker has several meanings in different situations. Most Realtors are "agents"
who work under a "broker." Some agents are brokers as well, either working form
themselves or under another broker. In the mortgage industry, broker usually
refers to a company or individual that does not lend the money for the loans
themselves, but broker loans to larger lenders or investors. (See the Home Loan
Library that discusses the different types of lenders). As a normal definition,
a broker is anyone who acts as an agent, bringing two parties together for any
type of transaction and earns a fee for doing so.
Buydown
Usually refers to a fixed rate mortgage where the interest rate is "bought down"
for a temporary period, usually one to three years. After that time and for the
remainder of the term, the borrower’s payment is calculated at the note rate. In
order to buy down the initial rate for the temporary payment, a lump sum is paid
and held in an account used to supplement the borrower’s monthly payment. These
funds usually come from the seller (or some other source) as a financial
incentive to induce someone to buy their property. A "lender funded buydown" is
when the lender pays the initial lump sum. They can accomplish this because the
note rate on the loan (after the buydown adjustments) will be higher than the
current market rate. One reason for doing this is because the borrower may get
to "qualify" at the start rate and can qualify for a higher loan amount. Another
reason is that a borrower may expect his earnings to go up substantially in the
near future, but wants a lower payment right now.
Call Option
Similar to the acceleration clause.
Cap
Adjustable Rate Mortgages have fluctuating interest rates, but those
fluctuations are usually limited to a certain amount. Those limitations may
apply to how much the loan may adjust over a six month period, an annual period,
and over the life of the loan, and are referred to as "caps." Some ARMs,
although they may have a life cap, allow the interest rate to fluctuate freely,
but require a certain minimum payment which can change once a year. There is a
limit on how much that payment can change each year, and that limit is also
referred to as a cap.
Capital Improvement
Any structure which is erected as a permanent improvement to real property; any
improvement which is made to extend the useful life of a property, or to add
value to the property.
Cash-Out Refinance
When a borrower refinances his mortgage at a higher amount than the current loan
balance with the intention of pulling out money for personal use, it is referred
to as a "cash out refinance."
Certificate of Eligibility
A document issued by the Veterans Administration that certifies a veteran’s
eligibility for a VA loan.
Certificate of Reasonable Value (CRV)
Once the appraisal has been performed on a property being bought with a VA loan,
the Veterans Administration issues a CRV.
Chain of Title
An analysis of the transfers of title to a piece of property over the years.
Chattel
Personal property which is tangible and moveable.
Clear Title
A title that is free of liens or legal questions as to ownership of the
property.
Closing
This has different meanings in different states. In some states a real estate
transaction is not consider "closed" until the documents record at the local
recorders office. In others, the "closing" is a meeting where all of the
documents are signed and money changes hands.
Closing Costs
Closing costs are separated into what are called "non-recurring closing costs"
and "pre-paid items." Non-recurring closing costs are any items which are paid
just once as a result of buying the property or obtaining a loan. "Pre-paids"
are items which recur over time, such as property taxes and homeowners
insurance. A lender makes an attempt to estimate the amount of non-recurring
closing costs and prepaid items on the Good Faith Estimate which they must issue
to the borrower within three days of receiving a home loan application.
Closing Statement
See Settlement 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 deed, release,
or court action.
Co-Borrower
An additional individual who is both obligated on the loan and is on title to
the property.
Collateral
In a home loan, the property is the collateral. The borrower risks losing the
property if the loan is not repaid according to the terms of the mortgage or
deed of trust.
Collection
When a borrower falls behind, the lender contacts them in an effort to bring the
loan current. The loan goes to "collection." As part of the collection effort,
the lender must mail and record certain documents in case they are eventually
required to foreclose on the property.
Commission
Most salespeople earn commissions for the work that they do and there are many
sales professionals involved in each transaction, including Realtors, loan
officers, title representatives, attorneys, escrow representative, and
representatives for pest companies, home warranty companies, home inspection
companies, insurance agents, and more. The commissions are paid out of the
charges paid by the seller or buyer in the purchase transaction. Realtors
generally earn the largest commissions, followed by lenders, then the others.
Common Area Assessments
In some areas they are called Homeowners Association Fees. They are charges paid
to the Homeowners Association by the owners of the individual units in a
condominium or planned unit development (PUD) and are generally used to maintain
the property and common areas.
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 some states.
Community Property
In some states, especially the southwest, property acquired by a married couple
during their marriage is considered to be owned jointly, except under special
circumstances. This is an outgrowth of the Spanish and Mexican heritage of the
area.
Comparable Sales
Recent sales of similar properties in nearby areas and used to help determine
the market value of a property. Also referred to as "comps."
Condominium
A type of ownership in real property where all of the owners own the property,
common areas and buildings together, with the exception of the interior of the
unit to which they have title. Often mistakenly referred to as a type of
construction or development, it actually refers to the type of ownership.
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.
These are often found in resort areas like Hawaii.
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
Refers to home loans other than government loans (VA and FHA).
Convertible ARM
IAn adjustable-rate mortgage that allows the borrower to change the ARM to a
fixed-rate mortgage within a specific time.
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.
Cost of Funds Index (COFI)
One of the indexes that is used to determine interest rate changes for certain
adjustable-rate mortgages. It represents the weighted-average cost of savings,
borrowings, and advances of the financial institutions such as banks and savings
& loans, in the 11th District of the Federal Home Loan Bank.
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 repayment of debt. Credit histories are reviewed my
mortgage lenders as one of the underwriting criteria in determining credit risk.
Creditor
A person to whom money is owed.
Credit Report
A report of an individual's credit history prepared by a credit bureau and used
by a lender in determining a loan applicant's creditworthiness.
Credit Repository
An organization that gathers, records, updates, and stores financial and public
records information about the payment records of individuals who are being
considered for credit.
Cul de Sac
A street which is open at one end only, and which usually has a circular
turnaround.
Debt
An amount owed to another.
Deed
The legal document conveying title to a property.
Deed-in-Lieu
Short for "deed in lieu of foreclosure," this conveys title to the lender when
the borrower is in default and wants to avoid foreclosure. The lender may or may
not cease foreclosure activities if a borrower asks to provide a deed-in-lieu.
Regardless of whether the lender accepts the deed-in-lieu, the avoidance and
non-repayment of debt will most likely show on a credit history. What a
deed-in-lieu may prevent is having the documents preparatory to a foreclosure
being recorded and become a matter of public record.
Deed of Trust
Some states, like California, do not record mortgages. Instead, they record a
deed of trust which is essentially the same thing.
Default
Failure to make the mortgage payment within a specified period of time. For
first mortgages or first trust deeds, if a payment has still not been made
within 30 days of the due date, the loan is considered to be in default.
Delinquency
Failure to make mortgage payments when mortgage payments are due. For most
mortgages, payments are due on the first day of the month. Even though they may
not charge a "late fee" for a number of days, the payment is still considered to
be late and the loan delinquent. When a loan payment is more than 30 days late,
most lenders report the late payment to one or more credit bureaus.
Deposit
A sum of money given in advance of a larger amount being expected in the future.
Often called in real estate as an "earnest money deposit."
Depreciation
A decline in the value of property; the opposite of appreciation. Depreciation
is also an accounting term which shows the declining monetary value of an asset
and is used as an expense to reduce taxable income. Since this is not a true
expense where money is actually paid, lenders will add back depreciation expense
for self-employed borrowers and count it as income.
Disclaimer
A statement denying legal responsibility, frequently founding the form of,
“There are no promises, representations, oral understandings or agreements
except as contained herein.”
Discount Points
In the mortgage industry, this term is usually used in only in reference to
government loans, meaning FHA and VA loans. Discount points refer to any
"points" paid in addition to the one percent loan origination fee. A "point" is
one percent of the loan amount.
Down Payment
The part of the purchase price of a property that the buyer pays in cash and
does not finance with a mortgage.
Dual Agency
Representing both principals (buyer and seller) to a transaction
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.
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.
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.
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
and other liens. Escalation Clause
A clause in a contract used by a buyer in which buyer indicates they are willing
to purchase a house for more money than any competing contract up to a maximum
amount, thus escalating their original offer up to a set point.
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 earnest money
deposit is put into escrow until delivered to the seller when the transaction is
closed.
Escrow Account
Once you close your purchase transaction, you may have an escrow account or
impound account with your lender. This means the amount you pay each month
includes an amount above what would be required if you were only paying your
principal and interest. The extra money is held in your impound account (escrow
account) for the payment of items like property taxes and homeowner’s insurance
when they come due. The lender pays them with your money instead of you paying
them yourself.
Escrow Analysis
Once each year your lender will perform an "escrow analysis" to make sure they
are collecting the correct amount of money for the anticipated expenditures.
Escrow Disbursements
The use of escrow funds to pay real estate taxes, hazard insurance, mortgage
insurance, and other property expenses as they become due.
Estate
The ownership interest of an individual in real property. The sum total of all
the real property and personal property owned by an individual at time of death.
Eviction
The lawful expulsion of an occupant from real property.
Examination of Title
The report on the title of a property from the public records or an abstract of
the title.
Exclusive Listing
A written contract that gives a licensed real estate agent the exclusive right
to sell a property for a specified time.
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.
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 (FNMA)
The Federal National Mortgage Association, which is a congressionally chartered,
shareholder-owned company that is the nation's largest supplier of home mortgage
funds. For a discussion of the roles of Fannie Mae, Freddie Mac (FHLMC), and
Ginnie Mae (GNMA), see the Library.
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.
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 Mortgage
A mortgage that is insured by the Federal Housing Administration (FHA). Along
with VA loans, an FHA loan will often be referred to as a government loan.
Fiduciary
A relationship which implies a position of trust or confidence wherein one is
usually entrusted to hold or manage property or money for another. Among the
obligations a fiduciary owes to the principal are duties of loyalty, obedience,
full disclosure, the duty to use skill, care and diligence, and the duty to
account for monies.
Firm Commitment
A lender’s agreement to make a loan to a specific borrower on a specific
property.
First Mortgage
The mortgage that is in first place among any loans recorded against a property.
Usually refers to the date in which loans are recorded, but there are
exceptions.
Fixed-Rate Mortgage
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.
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. Loans against 401K plans are an acceptable
source of down payment for most types of loans.
Government Loan (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). Mortgages that are not government loans are classified as
conventional loans.
Government National Mortgage Association (Ginnie Mae)
A government-owned corporation within the U.S. Department of Housing and Urban
Development (HUD). Created by Congress on September 1, 1968, GNMA performs the
same role as Fannie Mae and Freddie Mac in providing funds to lenders for making
home loans. The difference is that Ginnie Mae provides funds for government
loans (FHA and VA)
Grantee
The person to whom an interest in real property is conveyed.
Grantor
The person conveying an interest in real property.
Hazard Insurance
Insurance coverage that in the event of physical damage to a property from fire,
wind, vandalism, or other hazards.
Home Equity Conversion Mortgage (HECM)
Usually referred to as a reverse annuity mortgage, what makes this type of
mortgage unique is that instead of making payments to a lender, the lender makes
payments to you. It enables older home owners to convert the equity they have in
their homes into cash, usually in the form of monthly payments. Unlike
traditional home equity loans, a borrower does not qualify on the basis of
income but on the value of his or her home. In addition, the loan does not have
to be repaid until the borrower no longer occupies the property.
Home Equity Line of Credit
A mortgage loan, usually in second position, that allows the borrower to obtain
cash drawn against the equity of his home, up to a predetermined amount.
Home Inspection
A thorough inspection by a professional that evaluates the structural and
mechanical condition of a property. A satisfactory home inspection is often
included as a contingency by the purchaser.
Homeowner’s 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
A type of insurance often purchased by homebuyers that will cover repairs to
certain items, such as heating or air conditioning, should they break down
within the coverage period. The buyer often requests the seller to pay for this
coverage as a condition of the sale, but either party can pay.
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 Settlement Statement
A document that provides an itemized listing of the funds that were paid at
closing. Items that appear on the statement include real estate commissions,
loan fees, points, and initial escrow (impound) amounts. Each type of expense
goes on a specific numbered line on the sheet. The totals at the bottom of the
HUD-1 statement define the seller's net proceeds and the buyer's net payment at
closing. It is called a HUD1 because the form is printed by the Department of
Housing and Urban Development (HUD). The HUD1 statement is also known as the
"closing statement" or "settlement sheet."
Inspection
A visit to and review of the premises. A prudent purchaser of property always
inspects the property prior to closing.
Intestate
To die without a valid will.
Joint Tenancy
A form of ownership or taking title to property which means each party owns the
whole property and that ownership is not separate. In the event of the death of
one party, the survivor owns the property in its entirety.
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.
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. Other states use
non-judicial foreclosure.
Jumbo Loan
A loan that exceeds Fannie Mae’s and Freddie Mac’s loan limits, currently at
$227,150. Also called a nonconforming loan. Freddie Mac and Fannie Mae loans are
referred to as conforming loans.
Late Charge
The penalty a borrower must pay when a payment is made a stated number of days.
On a first trust deed or mortgage, this is usually fifteen days.
Lease
A written agreement between the property owner and a tenant that stipulates the
payment and conditions under which the tenant may possess the real estate for a
specified period of time.
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 Option
An alternative financing option that allows home buyers to lease a home with an
option to buy. Each month's rent payment may consist of not only the rent, but
an additional amount which can be applied toward the down payment on an already
specified price.
Legal Description
A property description, recognized by law, that is sufficient to locate and
identify the property without oral testimony.
Lender
A term which can refer to the institution making the loan or to the individual
representing the firm. For example, loan officers are often referred to as
"lenders."
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. It is usually part of a homeowner’s insurance
policy.
Lien
A legal claim against a property that must be paid off when the property is
sold. A mortgage or first trust deed is considered a lien.
Life 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 mortgage.
Life Estate
Any estate in real or personal property which is limited in duration to the life
of its owner or the life of some other designated person.
Line of Credit
An agreement by a commercial bank or other financial institution to extend
credit up to a certain amount for a certain time to a specified borrower.
Liquid Asset
A cash asset or an asset that is easily converted into cash.
Listing
A written employment agreement between a property owner and a broker authorizing
the broker to find a buyer or a tenant for a certain real property.
Littoral Land
Land bordering on the shore of a sea or ocean and thus affected by the tide
currents.
Loan
A sum of borrowed money (principal) that is generally repaid with interest.
Loan officer
Also referred to by a variety of other terms, such as lender, loan
representative, loan "rep," account executive, and others. The loan officer
serves several functions and has various responsibilities: they solicit loans,
they are the representative of the lending institution, and they represent the
borrower to the lending institution.
Loan Origination
How a lender refers to the process of obtaining new loans.
Loan Servicing
After you obtain a loan, the company you make the payments to is "servicing"
your loan. They process payments, send statements, manage the escrow/impound
account, provide collection efforts on delinquent loans, ensure that insurance
and property taxes are made on the property, handle pay-offs and assumptions,
and provide a variety of other services.
Loan-to-Value (LTV)
The percentage relationship between the amount of the loan and the appraised
value or sales price (whichever is lower).
Lock-in
An agreement in which the lender guarantees a specified interest rate for a
certain amount of time at a certain cost.
Lock-In Period
The time period during which the lender has guaranteed an interest rate to a
borrower.
Margin
The difference between the interest rate and the index on an adjustable rate
mortgage. The margin remains stable over the life of the loan. It is the index
which moves up and down.
Master Plan
A comprehensive plan to guide the long-term physical development of a particular
area.
Maturity
The date on which the principal balance of a loan, bond, or other financial
instrument becomes due and payable.
Mechanic’s Lien
A statutory lien created in favor of materialmen and mechanics to secure payment
for materials supplied and services rendered in the improvement, repair or
maintenance of real property.
Merged Credit Report
A credit report which reports the raw data pulled from two or more of the major
credit repositories. Contrast with a Residential Mortgage Credit Report (RMCR)
or a standard factual credit report.
Modification
Occasionally, a lender will agree to modify the terms of your mortgage without
requiring you t refinance. If any changes are made, it is called a modification.
Mortgage
A legal document that pledges a property to the lender as security for payment
of a debt. Instead of mortgages, some states use First Trust Deeds.
Mortgage Banker
For a more complete discussion of mortgage banker, see "Types of Lenders." A
mortgage banker is generally assumed to originate and fund their own loans,
which are then sold on the secondary market, usually to Fannie Mae, Freddie Mac,
or Ginnie Mae. However, firms rather loosely apply this term to themselves,
whether they are true mortgage bankers or simply mortgage brokers or
correspondents.
Mortgage Broker
A mortgage company that originates loans, then places those loans with a variety
of other lending institutions with whom they usually have pre-established
relationships.
Mortgagee
The lender in a mortgage agreement.
Mortgage Insurance (MI)
Insurance that covers the lender against some of the losses incurred as a result
of a default on a home loan. Often mistakenly referred to as PMI, which is
actually the name of one of the larger mortgage insurers. Mortgage insurance is
usually required in one form or another on all loans that have a loan-to-value
higher than eighty percent. Mortgages above 80% LTV that call themselves "No MI"
are usually a made at a higher interest rate. Instead of the borrower paying the
mortgage insurance premiums directly, they pay a higher interest rate to the
lender, which then pays the mortgage insurance themselves. Also, FHA loans and
certain first-time homebuyer programs require mortgage insurance regardless of
the loan-to-value.
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.
Mortgagor
The borrower in a mortgage agreement.
Multi-Dwelling Units
Properties that provide separate housing units for more than one family,
although they secure only a single mortgage.
NAR – National Association of Realtors
The largest and most prestigious real estate organization in the world.
Negative Amortization
Some adjustable rate mortgages allow the interest rate to fluctuate
independently of a required minimum payment. If a borrower makes the minimum
payment it may not cover all of the interest that would normally be due at the
current interest rate. In essence, the borrower is deferring the interest
payment, which is why this is called "deferred interest." The deferred interest
is added to the balance of the loan and the loan balance grows larger instead of
smaller, which is called negative amortization.
No Cash-Out Refinance
A refinance transaction which is not intended to put cash in the hand of the
borrower. Instead, the new balance is calculated to cover the balance due on the
current loan and any costs associated with obtaining the new mortgage. Often
referred to as a "rate and term refinance."
No-Cost Loan
Many lenders offer loans that you can obtain at "no cost." You should inquire
whether this means there are no "lender" costs associated with the loan, or if
it also covers the other costs you would normally have in a purchase or
refinance transactions, such as title insurance, escrow fees, settlement fees,
appraisal, recording fees, notary fees, and others. These are fees and costs
which may be associated with buying a home or obtaining a loan, but not charged
directly by the lender. Keep in mind that, like a "no-point" loan, the interest
rate will be higher than if you obtain a loan that has costs associated with it.
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.
Offer
A promise by one party to act or perform in a specified manner provided the
other party will act or perform in the manner requested.
Original Principal Balance
The total amount of principal owed on a mortgage before any payments are made.
Origination Fee
On a government loan the loan origination fee is one percent of the loan amount,
but additional points may be charged which are called "discount points." One
point equals one percent of the loan amount. On a conventional loan, the loan
origination fee refers to the total number of points a borrower pays.
Owner Financing
A property purchase transaction in which the property seller provides all or
part of the financing.
Partial Payment
A payment that is not sufficient to cover the scheduled monthly payment on a
mortgage loan. Normally, a lender will not accept a partial payment, but in
times of hardship you can make this request of the loan servicing collection
department.
Payment Change Date
The date when a new monthly payment amount takes effect on an adjustable-rate
mortgage (ARM) or a graduated-payment mortgage (GPM). Generally, the payment
change date occurs in the month immediately after the interest rate adjustment
date.
Periodic Payment Cap
For an adjustable-rate mortgage where the interest rate and the minimum payment
amount fluctuate independently of one another, this is a limit on the amount
that payments can increase or decrease during any one adjustment period.
Periodic Rate Cap
For an adjustable-rate mortgage, 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
This stands for principal, interest, taxes and insurance. If you have an
"impounded" loan, then your monthly payment to the lender includes all of these
and probably includes mortgage insurance as well. If you do not have an
impounded account, then the lender still calculates this amount and uses it as
part of determining your debt-to-income ratio.
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 (PUD)
A type of ownership where individuals actually own the building or unit they
live in, but common areas are owned jointly with the other members of the
development or association. Contrast with condominium, where an individual
actually owns the airspace of his unit, but the buildings and common areas are
owned jointly with the others in the development or association.
Point
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.
Pre-Approval
A loosely used term which is generally taken to mean that a borrower has
completed a loan application and provided debt, income, and savings
documentation which an underwriter has reviewed and approved. A pre-approval is
usually done at a certain loan amount and making assumptions about what the
interest rate will actually be at the time the loan is actually made, as well as
estimates for the amount that will be paid for property taxes, insurance and
others. A pre-approval applies only to the borrower. Once a property is chosen,
it must also meet the underwriting guidelines of the lender. Contrast with
pre-qualification
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
This usually refers to the loan officer’s written opinion of the ability of a
borrower to qualify for a home loan, after the loan officer has made inquiries
about debt, income, and savings. The information provided to the loan officer
may have been presented verbally or in the form of documentation, and the loan
officer may or may not have reviewed a credit report on the borrower.
Prime Rate
The interest rate that banks charge to their preferred customers. Changes in the
prime rate are widely publicized in the news media and are used as the indexes
in some adjustable rate mortgages, especially home equity lines of credit.
Changes in the prime rate do not directly affect other types of mortgages, but
the same factors that influence the prime rate also affect the interest rates of
mortgage loans.
Principal
The amount borrowed or remaining unpaid. The part of the monthly payment that
reduces the remaining balance of a mortgage.
Principal Balance
The outstanding balance of principal on a mortgage. The principal balance does
not include interest or any other charges. See remaining balance.
Principal, Interest, Taxes, and Insurance (PITI)
The four components of a monthly mortgage payment on impounded loans. Principal
refers to the part of the monthly payment that reduces the remaining balance of
the mortgage. Interest is the fee charged for borrowing money. Taxes and
insurance refer to the amounts that are paid into an escrow account each month
for property taxes and mortgage and hazard insurance.
Private Mortgage Insurance (MI)
Mortgage insurance that is provided by a private mortgage insurance company to
protect lenders against loss if a borrower defaults. Most lenders generally
require MI for a loan with a loan-to-value (LTV) percentage in excess of 80
percent.
Promissory Note
A written promise to repay a specified amount over a specified period of time.
Public Auction
A meeting in an announced public location to sell property to repay a mortgage
that is in default.
Planned Unit Development (PUD)
A project or subdivision that includes common property that is owned and
maintained by a homeowners' association for the benefit and use of the
individual PUD unit owners.
Purchase 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.
Qualifying Ratios
Calculations that are used in determining whether a borrower can qualify for a
mortgage. There are two ratios. The "top" or "front" ratio is a calculation of
the borrower’s monthly housing costs (principle, taxes, insurance, mortgage
insurance, homeowner’s association fees) as a percentage of monthly income. The
"back" or "bottom" ratio includes housing costs as will as all other monthly
debt.
Quitclaim Deed
A deed that transfers without warranty whatever interest or title a grantor may
have at the time the conveyance is made.
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 at a
specific cost.
Real Estate Agent
A person un-licensed to negotiate and transact the sale of real estate.
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 agent, broker or an associate who holds active membership in a
local real estate board that is affiliated with the National Association of
Realtors.
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
The process of paying off one loan with the proceeds from a new loan using the
same property as security.
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.
Rental Insurance
Insurance that protects a landlord against loss of rent or rental value due to
fire or other casualty that renders the leased premises unavailable for use and
as a result of which the tenant is excused from paying rent.
Repayment Plan
An arrangement made to repay delinquent installments or advances.
Replacement Reserve Fund
A fund set aside for replacement of common property in a condominium, PUD, or
cooperative project -- particularly that which has a short life expectancy, such
as carpeting, furniture, etc.
Revolving Debt
A credit arrangement, such as a credit card, that allows a customer to borrow
against a preapproved line of credit when purchasing goods and services. The
borrower is billed for the amount that is actually borrowed plus any interest
due.
Right of First Refusal
A provision in an agreement that requires the owner of a property to give
another party the first opportunity to purchase or lease the property before he
or she offers it for sale or lease to others.
Right of Ingress or Egress
The right to enter or leave designated premises.
Right of Survivorship
In joint tenancy, the right of survivors to acquire the interest of a deceased
joint tenant.
Riparian
Those rights and obligations which are incidental to ownership of land adjacent
to or abutting on watercourses such as streams and lakes.
Sale and Leaseback
A technique in which a seller deeds property to a buyer for a consideration, and
the buyer simultaneously leases the property back to the seller.
Second Mortgage
A mortgage that has a lien position subordinate to the first mortgage.
Secondary Market
The buying and selling of existing mortgages, usually as part of a "pool" of
mortgages.
Secured Loan
A loan that is backed by collateral.
Security
The property that will be pledged as collateral for a loan.
Seller Carry-Back
An agreement in which the owner of a property provides financing, often in
combination with an assumable mortgage.
Servicer
An organization that collects principal and interest payments from borrowers and
manages borrowers’ escrow accounts. The servicer often services mortgages that
have been purchased by an investor in the secondary mortgage market.
Servicing
The collection of mortgage payments from borrowers and related responsibilities
of a loan servicer.
Settlement
The act of adjusting and prorating the various credits, charges and settlement
costs to conclude a real estate transaction.
Settlement Statement
See HUD1 Settlement Statement
Special Assessment
A tax or levy customarily imposed against only those specific parcels of realty
which will benefit from a proposed public improvement, as opposed to a general
tax on the entire community.
Subdivision
A housing development that is created by dividing a tract of land into
individual lots for sale or lease.
Subordinate Financing
Any mortgage or other lien that has a priority that is lower than that of the
first mortgage.
Survey
A drawing or map showing the precise legal boundaries of a property, the
location of improvements, easements, rights of way, encroachments, and other
physical features.
Sweat Equity
Contribution to the construction or rehabilitation of a property in the form of
labor or services rather than cash.
Tenancy in Common
As opposed to joint tenancy, when there are two or more individuals on title to
a piece of property, this type of ownership does not pass ownership to the
others in the event of death.
Third-Party Origination
A process by which a lender uses another party to completely or partially
originate, process, underwrite, close, fund, or package the mortgages it plans
to deliver to the secondary mortgage market.
Title
A legal document evidencing a person's right to or ownership of a property.
Title Company
A company that specializes in examining and insuring titles to real estate.
Title Insurance
Insurance that protects the lender (lender's policy) or the buyer (owner's
policy) against loss arising from disputes over ownership of a property.
Title Search
A check of the title records to ensure that the seller is the legal owner of the
property and that there are no liens or other claims outstanding.
Transfer of Ownership
Any means by which the ownership of a property changes hands. Lenders consider
all of the following situations to be a transfer of ownership: the purchase of a
property "subject to" the mortgage, the assumption of the mortgage debt by the
property purchaser, and any exchange of possession of the property under a land
sales contract or any other land trust device.
Transfer Tax
State or local tax payable when title passes from one owner to another.
Treasury index
An index that is used to determine interest rate changes for certain
adjustable-rate mortgage (ARM) plans. It is based on the results of auctions
that the U.S. Treasury holds for its Treasury bills and securities or is derived
from the U.S. Treasury's daily yield curve, which is based on the closing market
bid yields on actively traded Treasury securities in the over-the-counter
market.
Truth-in-Lending
A federal law that requires lenders to fully disclose, in writing, the terms and
conditions of a mortgage, including the annual percentage rate (APR) and other
charges.
Two-Step Mortgage
An adjustable-rate mortgage (ARM) that has one interest rate for the first five
or seven years of its mortgage term and a different interest rate for the
remainder of the amortization term.
Two- to Four-Family Property
A property that consists of a structure that provides living space (dwelling
units) for two to four families, although ownership of the structure is
evidenced by a single deed.
Trustee
A fiduciary who holds or controls property for the benefit of another.
Usury
Charging a rate of interest in excess of that permitted by law.
VA mortgage
A mortgage that is guaranteed by the Department of Veterans Affairs (VA).
Vested
Having the right to use a portion of a fund such as an individual retirement
fund. For example, individuals who are 100 percent vested can withdraw all of
the funds that are set aside for them in a retirement fund. However, taxes may
be due on any funds that are actually withdrawn.
Veterans Administration (VA)
An agency of the federal government that guarantees residential mortgages made
to eligible veterans of the military services. The guarantee protects the lender
against loss and thus encourages lenders to make mortgages to veterans.
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In This Section:
Resources
Mortgage Calculators
Glossary of Terms
Real Estate News
Home Ownership Tips
Businesses & Services
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