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Glossary
of Mortgage Terms
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Acceleration
The right of the Mortgagee (Lender) to demand the immediate repayment
of the mortgage loan balance upon the default of the Mortgagor (borrower),
or by using the right vested in the Due-On-Sale Clause.
Adjustable rate mortgage (ARM)
Is a mortgage in which the interest rate is adjusted periodically
based on a preselected index. Also sometimes known as the re negotiable
rate mortgage, the variable rate mortgage or the Canadian rollover
mortgage.
Adjustment interval
On an adjustable rate mortgage, the time between changes in the interest
rate and/or monthly payment, typically one, three or five years, depending
on the index.
Amortization
Means loan payment by equal periodic payment calculated to pay off
the debt at the end of a fixed period, including accrued interest
on the outstanding balance.
Annual Percentage Rate (A.P.R.)
Is an interest rate reflecting the cost of a mortgage as a yearly
rate. This rate is likely to be higher than the stated note rate or
advertised rate on the mortgage, because it takes into account point
and other credit cost. The APR allows home buyers to compare different
types of mortgages based on the annual cost for each loan.
Appraisal
An estimate of the value of property, made by a qualified professional
called an "appraiser."
Assessment
A local tax levied against a property for a specific purpose, such
as a sewer or street lights.
Assumption
The agreement between buyer and seller where the buyer takes over
the payments on an existing mortgage from the seller. Assuming a loan
can usually save the buyer money since this is an existing mortgage
debt, unlike a new mortgage where closing cost and new, probably higher,
market-rate interest charges will apply. |
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Balloon (payment)
mortgage
Usually a short-term fixed-rate loan which involves small payments
for a certain period of time and one large payment for the remaining
amount of the principal at a time specified in the contract.
Bankruptcy
A provision of Federal Law whereby a debtor surrenders his assets
to the Bankruptcy Court and is relieved of the future obligation to
repay his unsecured debts. After bankruptcy, the debtor is discharged
and his unsecured creditors may not pursue further collection efforts
against him. Secured creditors, those holding deeds of trust or judgment
liens, continue to be secured by the property but they may not take
other action to collect from the debtor.
Beneficiary
A person named to receive a benefit from a trust. A contingent beneficiary
has conditions attached to his rights, usually someone else must die
first.
Blanket Mortgage
A mortgage covering at least two pieces of real estate as security
for the same mortgage.
Borrower (Mortgagor)
One who applies for and receives a loan in the form of a mortgage
with the intention of repaying the loan in full.
Broker
An individual in the business of assisting in arranging funding or
negotiating contracts for a client buy who does not loan the money
himself. Brokers usually charge a fee or receive a commission for
their services.
Buy-down
When the lender and/or the home builder subsidized the mortgage by
lowering the interest rate during the first few years of the loan.
While the payments are initially low, they will increase when the
subsidy expires. |
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Caps (interest)
Consumer safeguards which limit the amount the interest rate on
an adjustable rate mortgage may change per year and/or the life
of the loan.
Caps (payment)
Consumer safeguards which limit the amount monthly payments on an
adjustable rate mortgage may change.
Cash Flow
The amount of cash derived over a certain period of time from an
income-producing property. The cash flow should be large enough
to pay the expenses of the income producing property (mortgage payment,
maintenance, utilities, etc.)
Caveat Emptor
Buyer beware. The buyer must inspect the property and satisfy himself
it is adequate for his needs. The seller is under no obligation
to disclose defects but may not actively conceal a known defect
or lie if asked.
Certificate of Eligibility
The document given to qualified veterans which entitles them to
VA guaranteed loans for homes, business, and mobile homes. Certificates
of eligibility may be obtained by sending DD-214 (Separation Paper)
to the local VA office with VA form 1880 (request for Certificate
of Eligibility).
Certificate of Reasonable Value (CRV)
An appraisal issued by the Veterans Administration showing the property's
current market value.
Certificate of Title
A written opinion by an attorney setting forth the status of title
to the property as shown on the public records. The certificate
does not certify as to matters not of record and affords no protection
unless the author was negligent.
Certificate of veteran status
The document given to veterans or reservists who have served 90
days of continuous active duty (including training time). It may
be obtained by sending DD 214 to the local VA office with form 26-8261a
(request for certificate of veteran status). This document enables
veterans to obtain lower down payments on certain FHA insured loans.
Closing
The meeting between the buyer, seller and lender or their agents
where the property and funds legally change hands. Also called settlement.
Closing costs usually include an origination fee, discount points,
appraisal fee, title search and insurance, survey, taxes, deed recording
fee, credit report charge and other costs assessed at settlement.
The costs of closing usually are about 3 percent to 6 percent of
the mortgage amount.
Collateral
Property pledged to secure a loan.
Commitment
A promise by a lender to make a loan on specific terms or conditions
to a borrower or builder. A promise by an investor to purchase mortgages
from a lender with specific terms or conditions. An agreement, often
in writing, between a lender and a borrower to loan money at a future
date, subject to the completion of paperwork or compliance with
stated conditions.
Condominium
A system of individual fee simple ownership of portions (units)
in a multi-unit structure, combined with joint ownership of common
areas. Each individual may sell or encumber his own unit.
Conforming loan
A New Home loan with a set of standards that must be met for the
loan amount and the down payment amount. The maximum you can borrow
with a conforming loan is $240,000 for a single-family house in
the continental U.S. The benefit to applying for a conforming loan
is that you will qualify for lower interest rates and better financing
options. If you need to borrow more than the conforming loan standard
allows you to, you should apply for a non-conforming or jumbo loan.
Construction loan
A short term interim loan to pay for the construction of buildings
or homes. These are usually designed to provide periodic disbursements
to the builder as he progresses.
Contract sale or deed
A contract between a purchaser and a seller of real estate to convey
title after certain conditions have been met. It is a form of installment
sale.
Conventional Loan
A mortgage not insured by FHA or guaranteed by the VA or deferred
interest: When a mortgage is written with a monthly payment that
is less than required to satisfy the note rate, the unpaid interest
is deferred by adding it to the loan balance.
Covenant
A written agreement or restriction on the use of land or promising
certain acts. Homeowner Associations often enforce restrictive covenants
governing architectural controls and maintenance responsibilities.
However, land could be subject to restrictive covenants even if
there is no homeowner's association.
Credit Report
A report documenting the credit history and current status of a
borrower's credit standing.
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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. See housing expenses-to-income ratio.
Deed of trust
In many states, this document is used in place of a mortgage to secure
the payment of a note.
Default
Failure to meet legal obligations in a contract, specifically, failure
to make the monthly payments on a mortgage.
Deferred interest
When a mortgage is written with a monthly payment that is less than
required to satisfy the note rate, the unpaid interest is deferred
by adding it to the loan balance. See negative amortization.
Delinquency
Failure to make payments on time. This can lead to foreclosure.
Delivery
The final, unconditional and absolute transfer of a deed to the Grantee
so that the Grantor may not revoke it. A Deed, signed but held by
the Grantor, does not pass title.
Department of Veterans Affairs (VA)
An independent agency of the federal government which guarantees long-term,
low-or no-down payment mortgages to eligible veterans.
Discount Point
See point.
Down Payment
Money paid to make up the difference between the purchase price and
the mortgage amount.
Due-on-Interest
A clause inserted in a mortgage that allows the lender to call the
loan due and payable at its option upon the transfer of the property
also known as paragraph "17" in FNMA/ FHLMC Mortgage
Due-on-Sale-Clause
A provision in a mortgage or deed of trust that allows the lender
to demand immediate payment of the balance of the mortgage if the
mortgage holder sells the home. |
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Earnest Money
Money given by a buyer to a seller as part of the purchase price
to bind a transaction or assure payment.
Easement
The right to use the land of another for a specific limited purpose.
Entitlement
The VA home loan benefit is called entitlement.
Entitlement for a VA guaranteed home loan.
This is also known as eligibility.
Equal Credit Opportunity Act (ECOA)
Is a federal law that requires lenders and other creditors to make
credit equally available without discrimination based on race, color,
religion, national origin, age, sex, marital status or receipt of
income from public assistance programs.
Equity
The difference between the fair market value and current indebtedness,
also referred to as the owner's interest. The value an owner has
in real estate over and above the obligation against the property.
Equity Sharing
A form of joint ownership between an owner/occupant and an owner/investor.
The investor takes depreciation deductions for his share of the
ownership. The occupant receives a portion of the tax write-offs
for interest and taxes and a part of his monthly payment is treated
as rent. The co-owners divide the profit upon sale of the property.
Escrow
An account held by the lender into which the home buyer pays money
for tax or insurance payments. Also earnest deposits held pending
loan closing.
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Fannie Mae
See Federal National Mortgage Association.
Farmers Home Administration (FmHA)
Provides financing to farmers and other qualified borrowers who are
unable to obtain loans elsewhere.
Federal Home Loan Bank Board (FHLBB)
The former name for the regulatory and supervisory agency for federally
chartered savings institutions. Agency is now called the Office of
Thrift Supervision.
Federal Home Loan Mortgage Corporation (FHLMC) also called "Freddie
Mac"
A quasi-governmental agency that purchases conventional mortgages
from insured depository institutions and HUD-approved mortgage bankers.
Federal Housing Administration (FHA)
A division of the Department of Housing and Urban Development. Its
main activity is the insuring of residential mortgage loans made by
private lenders. FHA also sets standards for underwriting mortgages.
Federal National Mortgage Association (FNMA) also
know as "Fannie Mae"
A tax-paying corporation created by Congress that purchases and sells
conventional residential mortgages as well as those insured by FHA
or guaranteed by VA. This institution, which provides funds for one
in seven mortgages, makes mortgage money more available and more affordable.
FHA loan
A loan insured by the Federal Housing Administration open to all qualified
home purchasers. While there are limits to the size of FHA loans ($208,800
maximum, depending on location), they are generous enough to handle
moderately-priced homes almost anywhere in the country FHA mortgage
insurance Requires a fee (up to 2.25 percent of the loan amount) paid
at closing to insure the loan with FHA. In addition, FHA mortgage
insurance requires an annual fee of up to 0.5 percent of the current
loan amount, paid in monthly installments. The lower the down payment,
the more years the fee must be paid.
FHLMC
The Federal Home Loan Mortgage Corporation provides a secondary market
for savings and loans by purchasing their conventional loans. Also
known as "Freddie Mac."
Firm Commitment
A promise by FHA to insure a mortgage loan for a specified property
and borrower. A promise from a lender to make a mortgage loan.
Fixed Rate Mortgage
The mortgage interest rate will remain the same on this type of mortgage
throughout the term of the mortgage for the original borrower.
FNMA
The Federal National Mortgage Association is a secondary mortgage
institution which is the largest single holder of home mortgages in
the United States. FNMA buys VA, FHA, and conventional mortgages from
primary lenders. Also known as "Fannie Mae."
Foreclosure
A legal process by which the lender or the seller forces a sale of
a mortgaged property because the borrower has not met the terms of
the mortgage. Also known as a repossession of property.
Freddie Mac
See Federal Home Loan Mortgage Corporation. |
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Ginnie Mae
See Government National Mortgage Association.
Government National Mortgage Association (GNMA)
A type of flexible-payment mortgage where the payments increase for
a specified period of time and then level off. This type of mortgage
has negative amortization built into it.
Graduated Payment Mortgage (GPM)
A type of flexible-payment mortgage where the payments increase for
a specified period of time and then level off. This type of mortgage
has negative amortization built into it.
Guaranty Graduated Payment Mortgage (GPM)
A promise by one party to pay a debt or perform an obligation contracted
by another if the original party fails to pay or perform according
to a contract. |
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Hazard Insurance
A form of insurance in which the insurance company protects the insured
from specified losses, such as fire, windstorm and the like.
Housing Expenses-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. See
debt-to-income ratio. |
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Impound
That portion of a borrower's monthly payments held by the lender or
servicer to pay for taxes, hazard insurance, mortgage insurance, lease
payments, and other items as they become due. Also known as reserves.
Index
A published interest rate against which lenders measure the difference
between the current interest rate on an adjustable rate mortgage and
that earned by other investments (such as one- three-, and five-year
U.S. Treasury security yields, the monthly average interest rate on
loans closed by savings and loan institutions, and the monthly average
costs-of-funds incurred by savings and loans), which is then used
to adjust the interest rate on an adjustable mortgage up or down.
Interim Financing
A construction loan made during completion of a building or a project.
A permanent loan usually replaces this loan after completion.
Investor
A money source for a lender. |
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Joint Ownership
Agreement
An agreement between owners defining their rights, ownership, monetary
obligations and responsibilities. This could be between and investor
and an occupant or the occupants. If an investor is involved, the
investor does not take depreciation deductions and none of the occupant's
payment is deemed rent for tax purposes.
Joint Tenancy
Two or more persons own a property. Joint tenants with the common
law right of survivorship means the survivor inherits the property
without reference to the decedent's will. Creditors may sue to have
the property divided to settle claims against one of the owners.
Jumbo Loan
A loan which is larger (more than $240,000) than the limits set by
the Federal National Mortgage Association and the Federal Home Loan
Mortgage Corporation. Because jumbo loans cannot be funded by these
two agencies, they usually carry a higher interest rate. |
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Lien
A claim upon a piece of property for the payment or satisfaction of
a debt or obligation.
Loan-to-Value Ratio
The relationship between the amount of the mortgage loan and the appraised
value of the property expressed as a percentage |
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Margin
The amount a lender adds to the index on an adjustable rate mortgage
to establish the adjusted interest rate.
Market Value
The highest price that a buyer would pay and the lowest price a seller
would accept on a property. Market value may be different from the
price a property could actually be sold for at a given time.
MIP (Mortgage Insurance Premium)
It is insurance from FHA to the lender against incurring a loss on
account of the borrower's default.
Mortgage
A voluntary lien filed against property to secure a debt, usually
a loan. To foreclose, the lender must often institute a court action
and the borrower may have the right to reclaim the property after
foreclosure.
Mortgage Insurance
Money paid to insure the mortgage when the down payment is less than
20 percent. See private mortgage insurance, FHA mortgage insurance.
Mortgagee
The lender.
Mortgagor
The borrower or homeowner. |
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Negative
Amortization
Occurs when your monthly payments are not large enough to pay all
the interest due on the loan. This unpaid interest is added to the
unpaid balance of the loan. the danger of negative amortization is
that the home buyer ends up owing more than the original amount of
the loan.
Negotiable Rate Mortgage (RBM)
Loan in which the interest rate is adjusted periodically.
Net Effective Income
The borrower's gross income minus federal income tax.
Non Assumption Clause
A statement in a mortgage contract forbidding the assumption of the
mortgage without the prior approval of the lender. Note: The signed
obligation to pay a debt, as a mortgage note.
Non Conforming Loan
New Home loans that allows you to borrow over a certain amount set
by the Federal National Mortgage Association or the Federal Home Loan
Mortgage Corporation.
Note
A written promise to pay a certain sum of money at a certain time.
A negotiable note starts "Pay to the order of" and is transferable
by endorsement similar to a check. |
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Office of
Thrift Supervision (OTS)
The regulatory and supervisory agency for federally chartered savings
institutions. Formally known as Federal Home Loan Bank Board.
Origination Fee
The fee charged by a lender to prepare loan documents, run credit
checks, inspect and sometimes appraise a property; usually computed
as a percentage of the face value of the loan. |
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Permanent
Loan
A long term mortgage, usually ten years or more. Also called an "end
loan."
PITI
Principal, Interest, Taxes and Insurance. Also called monthly housing
expense.
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 (loan discount points)
Prepaid interest assessed at closing by the lender. Each point is
equal to 1 percent of the loan amount (e.g., two points on a $100,000
mortgage would cost $2,000).
Power of Attorney
A legal document authorizing one person to act on behalf of another.
Prepaid Expenses
Necessary to create an escrow account or to adjust the seller's existing
escrow account. Can include taxes, hazard insurance, private mortgage
insurance and special assessments.
Prepayment
A privilege in a mortgage permitting the borrower to make payments
in advance of their due date.
Prepayment Penalty
Money charged for an early repayment of debt. Prepayment penalties
are allowed in some form (but not necessarily imposed) in many states.
Primary Mortgage Market
Lenders making mortgage loans directly to borrower's such as savings
and loan associations, commercial banks, and mortgage companies. These
lenders sometimes sell their mortgages into the secondary mortgage
markets such as to FNMA or GNMA, etc.
Principal
The amount of debt, not counting interest, left on a loan.
Private Mortgage Insurance (PMI)
In the event that you do not have a 20 percent down payment, lenders
will allow a smaller down payment - as low as 5 percent in some cases.
With the smaller down payment loans, however, borrowers are usually
required to carry private mortgage insurance. Private mortgage insurance
will usually require an initial premium payment and may require an
additional monthly fee depending on your loan's structure. |
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Quitclaim
Deed
A deed releasing whatever interest you may hold in a property but
making no warranty whatsoever. |
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Real Estate
Settlement Procedures Act (RESPA)
RESPA is a federal law that allows consumers to review information
on known or estimated settlement cost once after application and once
prior to or at a settlement. The law requires lenders to furnish the
information after application only.
Realtor
A real estate broker or an associate holding active membership in
a local real estate board affiliated with the National Association
of Realtors.
Recision
The cancellation of a contract. With respect to mortgage refinancing,
the law that gives the homeowner three days to cancel a contract in
some cases once it is signed if the transaction uses equity in the
home as security.
Recording Fees
Money paid to the lender for recording a home sale with the local
authorities, thereby making it part of the public records.
Refinance
Obtaining a new mortgage loan on a property already owned. Often to
replace existing loans on the property.
Renegotiable Rate Mortgage
A loan in which the interest rate is adjusted periodically. See adjustable
rate mortgage.
RESPA
Short for the Real Estate Settlement Procedures Act. RESPA is a federal
law that allows consumers to review information on known or estimated
settlement cost once after application and once prior to or at a settlement.
The law requires lenders to furnish the information after application
only.
Reverse Annuity Mortgage (RAM)
A form of mortgage in which the lender makes periodic payments to
the borrower using the borrower's equity in the home as Satisfaction
of Mortgage: The document issued by the mortgagee when the mortgage
loan is paid in full. Also called a "release of mortgage."
Rural Housing Service (RHS)
An agency within the Department of Agriculture, which operates principally
under the Consolidated Farm and Rural Development Act of 1921 and
Title V of the Housing Act of 1949. This agency provides financing
to farmers and other qualified borrowers buying property in rural
areas who are unable to obtain loans elsewhere. Funds are borrowed
from the U.S. Treasury. |
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Second Mortgage
A mortgage made subsequent to another mortgage and subordinate to
the first one.
Secondary Mortgage Market
The place where primary mortgage lenders sell the mortgages they make
to obtain more funds to originate more new loans. It provides liquidity
for the lenders security.
Servicing
All the steps and operations a lender performs to keep a loan in good
standing, such as collection of payments, payment of taxes, insurance,
property inspections and the like.
Settlement/Settlement Costs
See closing/closing costs.
Shared Appreciation Mortgage (SAM)
A mortgage in which a borrower receives a below-market interest rate
in return for which the lender (or another investor such as a family
member or other partner) receives a portion of the future appreciation
in the value of the property. May also apply to mortgage where the
borrowers shares the monthly principal and interest payments with
another party in exchange for part of the appreciation.
Simple Interest
Interest which is computed only on the principle balance.
Survey
A measurement of land, prepared by a registered land surveyor, showing
the location of the land with reference to know points, its dimensions,
and the location and dimensions of any buildings.
Sweat Equity
Equity created by a purchaser performing work on a property being
purchased. |
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Tenant in
Common
Two or more persons own the property with no right of survivorship.
If one dies, his interest passes to his heirs, not necessarily the
co-owner. Either party, or a creditor of one, may sue to partition
the property.
Tenants by the Entirety
A husband and wife own the property with the common law right of survivorship
so, if one dies, the other automatically inherits.
Title
A document that gives evidence of an individual's ownership of property.
Title Insurance
A policy, usually issued by a title insurance company, which insures
a home buyer against errors in the title search. The cost of the policy
is usually a function of the value of the property, and is often borne
by the purchaser and/or seller. Policies are also available to protect
the lender's interests.
Title Search
An examination of municipal records to determine the legal ownership
of property. Usually is performed by a title company.
Truth-In-Lending
A federal law requiring disclosure of the Annual Percentage Rate to
home buyers shortly after they apply for the loan. Also known as Regulation
Z.
Two-Step Mortgage
A mortgage in which the borrower receives a below-market interest
rate for a specified number of years (most often seven or 10), and
then receives a new interest rate adjusted (within certain limits)
to market conditions at that time. the lender sometimes has the option
to call the loan due with 30 days notice at the end of seven or 10
years. also called "Super Seven" or "Premier" mortgage. |
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Underwriting
The decision whether to make a loan to a potential home buyer based
on credit, employment, assets, and other factors, and the matching
of this risk to an appropriate rate and term or loan amount.
Usury
Interest charged in excess of the legal rate established by law |
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VA Loan
A long-term, low-or no-down payment loan guaranteed by the Department
of Veterans Affairs. Restricted to individuals qualified by military
service or other entitlements.
VA Mortgage Funding Fee
A premium of up to 1-7/8 percent (depending on the size of the down
payment) paid on a VA-backed loan. On a $75,000 fixed-rate mortgage
with no down payment, this would amount to $1,406 either paid at closing
or added to the amount financed.
Variable Rate Mortgage (VRM)
See adjustable rate mortgage.
Verification of Deposit (VOD)
A document signed by the borrower's financial institution verifying
the status and balance of his/her financial accounts.
Verification of Employment (VOE)
A document signed by the borrower's employer verifying his/her position
and salary. |
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Warehouse
Fee
Many mortgage firms must borrow funds on a short term basis in order
to originate loans which are to be sold later in the secondary mortgage
market (or to investors). 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
Results when an existing assumable loan is combined with a new loan,
resulting in an interest rate somewhere between the old rate and the
current market rate. The payments are made to a second lender or the
previous homeowner, who then forwards the payments to the first lender
after taking the additional amount off the top.
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