Mortgage Terms
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
203(b): FHA’s single family program which provides mortgage insurance to lenders to protect against the borrower defaulting; 203(b) is used to finance the purchase of new or existing one to four family housing; 203(b) insured loans are known for requiring a low down payment, flexible qualifying guidelines, limited fees, and a limit on maximum loan amount.
203(k): this FHA mortgage insurance program enables homebuyers to finance both the purchase of a house and the cost of its rehabilitation through a single mortgage loan.
“A” Loan or “A” Paper: a credit rating where the FICO score is 660 or above.
There have been no late mortgage payments within a 12-month period. This is the
best credit rating to have when entering into a new loan.
ARM: Adjustable Rate Mortgage; a mortgage loan subject to changes in interest
rates; when rates change, ARM monthly payments increase or decrease at
intervals determined by the lender; the change in monthly payment amount,
however, is usually subject to a cap.
Abstract of Title: documents recording the ownership of property throughout
time.
Acceleration: the right of the lender to demand payment on the outstanding
balance of a loan.
Acceptance: the written approval of the buyer’s offer by the seller.
Additional Principal Payment: money paid to the lender in addition to the
established payment amount used directly against the loan principal to shorten
the length of the loan.
Adjustable-Rate Mortgage (ARM): a mortgage loan that does not have a fixed
interest rate. During the life of the loan the interest rate will change based on the
index rate. Also referred to as adjustable mortgage loans (AMLs) or variable-rate
mortgages (VRMs).
Adjustment Date: the actual date that the interest rate is changed for an ARM.
Adjustment Index: the published market index used to calculate the interest
rate of an ARM at the time of origination or adjustment.
Adjustment Interval: the time between the interest rate change and the
monthly payment for an ARM. The interval is usually every one, three or five
years depending on the index.
Affidavit: a signed, sworn statement made by the buyer or seller regarding the
truth of information provided.
Amenity: a feature of the home or property that serves as a benefit to the buyer
but that is not necessary to its use; may be natural (like location, woods, water)
or man-made (like a swimming pool or garden).
American Society of Home Inspectors: the American Society of Home
Inspectors is a professional association of independent home inspectors. Phone:
(800) 743-2744
Amortization: a payment plan that enables you to reduce your debt gradually
through monthly payments. The payments may be principal and interest, or
interest-only. The monthly amount is based on the schedule for the entire term or
length of the loan.
Annual Mortgagor Statement: yearly statement to borrowers detailing the
remaining principal and amounts paid for taxes and interest.
Annual Percentage Rate (APR): a measure of the cost of credit, expressed as a
yearly rate. It includes interest as well as other charges. Because all lenders, by
federal law, follow the same rules to ensure the accuracy of the annual percentage
rate, it provides consumers with a good basis for comparing the cost of loans,
including mortgage plans. APR is a higher rate than the simple interest of the
mortgage.
Application: the first step in the official loan approval process; this form is used
to record important information about the potential borrower necessary to the
underwriting process.
Application Fee: a fee charged by lenders to process a loan application.
Appraisal: a document from a professional that gives an estimate of a property’s
fair market value based on the sales of comparable homes in the area and the
features of a property; an appraisal is generally required by a lender before loan
approval to ensure that the mortgage loan amount is not more than the value of
the property.
Appraisal Fee: fee charged by an appraiser to estimate the market value of a
property.
Appraised Value: an estimation of the current market value of a property.
Appraiser: a qualified individual who uses his or her experience and knowledge
to prepare the appraisal estimate.
Appreciation: an increase in property value.
Arbitration: a legal method of resolving a dispute without going to court.
As-is Condition: the purchase or sale of a property in its existing condition
without repairs.
Asking Price: a seller’s stated price for a property.
Assessed Value: the value that a public official has placed on any asset (used to
determine taxes).
Assessments: the method of placing value on an asset for taxation purposes.
Assessor: a government official who is responsible for determining the value of a
property for the purpose of taxation.
Assets: any item with measurable value.
Assumable Mortgage: when a home is sold, the seller may be able to transfer
the mortgage to the new buyer. This means the mortgage is assumable. Lenders
generally require a credit review of the new borrower and may charge a fee for
the assumption. Some mortgages contain a due-on-sale clause, which means that
the mortgage may not be transferable to a new buyer. Instead, the lender may
make you pay the entire balance that is due when you sell the home. An
assumable mortgage can help you attract buyers if you sell your home.
Assumption Clause: a provision in the terms of a loan that allows the buyer to
take legal responsibility for the mortgage from the seller.
Automated Underwriting: loan processing completed through a computer-based
system that evaluates past credit history to determine if a loan should be
approved. This system removes the possibility of personal bias against the buyer.
Average Price: determining the cost of a home by totaling the cost of all houses
sold in one area and dividing by the number of homes sold.
“B” Loan or “B” Paper: FICO scores from 620 – 659. Factors include two 30 day
late mortgage payments and two to three 30 day late installment loan payments
in the last 12 months. No delinquencies over 60 days are allowed. Should be two
to four years since a bankruptcy. Also referred to as Sub-Prime.
Back End Ratio (debt ratio): a ratio that compares the total of all monthly debt
payments (mortgage, real estate taxes and insurance, car loans, and other
consumer loans) to gross monthly income.
Back to Back Escrow: arrangements that an owner makes to oversee the sale of
one property and the purchase of another at the same time.
Balance Sheet: a financial statement that shows the assets, liabilities and net
worth of an individual or company.
Balloon Loan or Mortgage: a mortgage that typically offers low rates for an
initial period of time (usually 5, 7, or 10) years; after that time period elapses,
the balance is due or is refinanced by the borrower.
Balloon Payment: the final lump sum payment due at the end of a balloon
mortgage.
Bankruptcy: a federal law whereby a person’s assets are turned over to a trustee
and used to pay off outstanding debts; this usually occurs when someone owes
more than they have the ability to repay.
Biweekly Payment Mortgage: a mortgage paid twice a month instead of once a
month, reducing the amount of interest to be paid on the loan.
Borrower: a person who has been approved to receive a loan and is then
obligated to repay it and any additional fees according to the loan terms.
Bridge Loan: a short-term loan paid back relatively fast. Normally used until a
long-term loan can be processed.
Broker: a licensed individual or firm that charges a fee to serve as the mediator
between the buyer and seller. Mortgage brokers are individuals in the business of
arranging funding or negotiating contracts for a client, but who does not loan the
money. A real estate broker is someone who helps find a house.
Building Code: based on agreed upon safety standards within a specific area, a
building code is a regulation that determines the design, construction, and
materials used in building.
Budget: a detailed record of all income earned and spent during a specific period
of time.
Buy Down: the seller pays an amount to the lender so the lender provides a
lower rate and lower payments many times for an ARM. The seller may increase
the sales price to cover the cost of the buy down.
“C” Loan or “C” Paper: FICO scores typically from 580 to 619. Factors include
three to four 30 day late mortgage payments and four to six 30 day late
installment loan payments or two to four 60 day late payments. Should be one to
two years since bankruptcy. Also referred to as Sub – Prime.
Callable Debt: a debt security whose issuer has the right to redeem the security
at a specified price on or after a specified date, but prior to its stated final
maturity.
Cap: a limit, such as one placed on an adjustable rate mortgage, on how much a
monthly payment or interest rate can increase or decrease, either at each
adjustment period or during the life of the mortgage. Payment caps do not limit
the amount of interest the lender is earning, so they may cause negative
amortization.
Capacity: The ability to make mortgage payments on time, dependant on assets
and the amount of income each month after paying housing costs, debts and other
obligations.
Capital Gain: the profit received based on the difference of the original purchase
price and the total sale price.
Capital Improvements: property improvements that either will enhance the
property value or will increase the useful life of the property.
Capital or Cash Reserves: an individual’s savings, investments, or assets.
Cash-Out Refinance: when a borrower refinances a mortgage at a higher
principal amount to get additional money. Usually this occurs when the property
has appreciated in value. For example, if a home has a current value of $100,000
and an outstanding mortgage of $60,000, the owner could refinance $80,000 and
have additional $20,000 in cash.
Cash Reserves: a cash amount sometimes required of the buyer to be held in
reserve in addition to the down payment and closing costs; the amount is
determined by the lender.
Casualty Protection: property insurance that covers any damage to the home
and personal property either inside or outside the home.
Certificate of Title: a document provided by a qualified source, such as a title
company, that shows the property legally belongs to the current owner; before the
title is transferred at closing, it should be clear and free of all liens or other
claims.
Chapter 7 Bankruptcy: a bankruptcy that requires assets be liquidated in
exchange for the cancellation of debt.
Chapter 13 Bankruptcy: this type of bankruptcy sets a payment plan between
the borrower and the creditor monitored by the court. The homeowner can keep
the property, but must make payments according to the court’s terms within a 3
to 5 year period.
Charge-Off: the portion of principal and interest due on a loan that is written off
when deemed to be uncollectible.
Clear Title: a property title that has no defects. Properties with clear titles are
marketable for sale.
Closing: the final step in property purchase where the title is transferred from the
seller to the buyer. Closing occurs at a meeting between the buyer, seller,
settlement agent, and other agents. At the closing the seller receives payment for
the property. Also known as settlement.
Closing Costs: fees for final property transfer not included in the price of the
property. Typical closing costs include charges for the mortgage loan such as
origination fees, discount points, appraisal fee, survey, title insurance, legal fees,
real estate professional fees, prepayment of taxes and insurance, and real estate
transfer taxes. A common estimate of a Buyer’s closing costs is 2 to 4 percent of
the purchase price of the home. A common estimate for Seller’s closing costs is 3
to 9 percent.
Cloud On The Title: any condition which affects the clear title to real property.
Co-Borrower: an additional person that is responsible for loan repayment and is
listed on the title.
Co-Signed Account: an account signed by someone in addition to the primary
borrower, making both people responsible for the amount borrowed.
Co-Signer: a person that signs a credit application with another person, agreeing
to be equally responsible for the repayment of the loan.
Collateral: security in the form of money or property pledged for the payment of
a loan. For example, on a home loan, the home is the collateral and can be taken
away from the borrower if mortgage payments are not made.
Collection Account: an unpaid debt referred to a collection agency to collect on
the bad debt. This type of account is reported to the credit bureau and will show
on the borrower’s credit report.
Commission: an amount, usually a percentage of the property sales price that is
collected by a real estate professional as a fee for negotiating the transaction.
Traditionally the home seller pays the commission. The amount of commission is
determined by the real estate professional and the seller and can be as much as
6% of the sales price.
Common Stock: a security that provides voting rights in a corporation and pays a
dividend after preferred stock holders have been paid. This is the most common
stock held within a company.
Comparative Market Analysis (COMPS): a property evaluation that determines
property value by comparing similar properties sold within the last year.
Compensating Factors: factors that show the ability to repay a loan based on
less traditional criteria, such as employment, rent, and utility payment history.
Condominium: a form of ownership in which individuals purchase and own a unit
of housing in a multi-unit complex. The owner also shares financial responsibility
for common areas.
Conforming loan: is a loan that does not exceed Fannie Mae’s and Freddie Mac’s
loan limits. Freddie Mac and Fannie Mae loans are referred to as conforming loans.
Consideration: an item of value given in exchange for a promise or act.
Construction Loan: a short-term, to finance the cost of building a new home.
The lender pays the builder based on milestones accomplished during the building
process. For example, once a sub-contractor pours the foundation and it is
approved by inspectors the lender will pay for their service.
Contingency: a clause in a purchase contract outlining conditions that must be
fulfilled before the contract is executed. Both, buyer or seller may include
contingencies in a contract, but both parties must accept the contingency.
Conventional Loan: a private sector loan, one that is not guaranteed or insured
by the U.S. government.
Conversion Clause: a provision in some ARMs allowing it to change to a
fixed-rate loan at some point during the term. Usually conversions are allowed at
the end of the first adjustment period. At the time of the conversion, the new
fixed rate is generally set at one of the rates then prevailing for fixed rate
mortgages. There may be additional cost for this clause.
Convertible ARM: an adjustable-rate mortgage that provides the borrower the
ability to convert to a fixed-rate within a specified time.
Cooperative (Co-op): residents purchase stock in a cooperative corporation that
owns a structure; each stockholder is then entitled to live in a specific unit of the
structure and is responsible for paying a portion of the loan.
Cost of Funds Index (COFI): an index used to determine interest rate changes
for some adjustable-rate mortgages.
Counter Offer: a rejection to all or part of a purchase offer that negotiates
different terms to reach an acceptable sales contract.
Covenants: legally enforceable terms that govern the use of property. These
terms are transferred with the property deed. Discriminatory covenants are illegal
and unenforceable. Also known as a condition, restriction, deed restriction or
restrictive covenant.
Credit: an agreement that a person will borrow money and repay it to the lender
over time.
Credit Bureau: an agency that provides financial information and payment
history to lenders about potential borrowers. Also known as a National Credit
Repository.
Credit Counseling: education on how to improve bad credit and how to avoid
having more debt than can be repaid.
Credit Enhancement: a method used by a lender to reduce default of a loan by
requiring collateral, mortgage insurance, or other agreements.
Credit Grantor: the lender that provides a loan or credit.
Credit History: a record of an individual that lists all debts and the payment
history for each. The report that is generated from the history is called a credit
report. Lenders use this information to gauge a potential borrower’s ability to
repay a loan.
Credit Loss Ratio: the ratio of credit-related losses to the dollar amount of MBS
outstanding and total mortgages owned by the corporation.
Credit Related Expenses: foreclosed property expenses plus the provision for
losses.
Credit Related Losses: foreclosed property expenses combined with charge-offs.
Credit Repair Companies: Private, for-profit businesses that claim to offer
consumers credit and debt repayment difficulties assistance with their credit
problems and a bad credit report.
Credit Report: a report generated by the credit bureau that contains the
borrower’s credit history for the past seven years. Lenders use this information to
determine if a loan will be granted.
Credit Risk: a term used to describe the possibility of default on a loan by a
borrower.
Credit Score: a score calculated by using a person’s credit report to determine
the likelihood of a loan being repaid on time. Scores range from about 360 – 840:
a lower score meaning a person is a higher risk, while a higher score means that
there is less risk.
Credit Union: a non-profit financial institution federally regulated and owned by
the members or people who use their services. Credit unions serve groups that
hold a common interest and you have to become a member to use the available
services.
Creditor: the lending institution providing a loan or credit.
Creditworthiness: the way a lender measures the ability of a person to qualify
and repay a loan.
Debtor: The person or entity that borrows money. The term debtor may be used
interchangeably with the term borrower.
Debt-to-Income Ratio: a comparison or ratio of gross income to housing and
non-housing expenses; With the FHA, the-monthly mortgage payment should be
no more than 29% of monthly gross income (before taxes) and the mortgage
payment combined with non-housing debts should not exceed 41% of income.
Debt Security: a security that represents a loan from an investor to an issuer.
The issuer in turn agrees to pay interest in addition to the principal amount
borrowed.
Deductible: the amount of cash payment that is made by the insured (the
homeowner) to cover a portion of a damage or loss. Sometimes also called
“out-of-pocket expenses.” For example, out of a total damage claim of $1,000, the
homeowner might pay a $250 deductible toward the loss, while the insurance
company pays $750 toward the loss. Typically, the higher the deductible, the
lower the cost of the policy.
Deed: a document that legally transfers ownership of property from one person to
another. The deed is recorded on public record with the property description and
the owner’s signature. Also known as the title.
Deed-in-Lieu: to avoid foreclosure (“in lieu” of foreclosure), a deed is given to
the lender to fulfill the obligation to repay the debt; this process does not allow
the borrower to remain in the house but helps avoid the costs, time, and effort
associated with foreclosure.
Default: the inability to make timely monthly mortgage payments or otherwise
comply with mortgage terms. A loan is considered in default when payment has
not been paid after 60 to 90 days. Once in default the lender can exercise legal
rights defined in the contract to begin foreclosure proceedings
Delinquency: failure of a borrower to make timely mortgage payments under a
loan agreement. Generally after fifteen days a late fee may be assessed.
Deposit (Earnest Money): money put down by a potential buyer to show that
they are serious about purchasing the home; it becomes part of the down
payment if the offer is accepted, is returned if the offer is rejected, or is forfeited
if the buyer pulls out of the deal. During the contingency period the money may
be returned to the buyer if the contingencies are not met to the buyer’s
satisfaction.
Depreciation: a decrease in the value or price of a property due to changes in
market conditions, wear and tear on the property, or other factors.
Derivative: a contract between two or more parties where the security is
dependent on the price of another investment.
Disclosures: the release of relevant information about a property that may
influence the final sale, especially if it represents defects or problems. “Full
disclosure” usually refers to the responsibility of the seller to voluntarily provide
all known information about the property. Some disclosures may be required by
law, such as the federal requirement to warn of potential lead-based paint hazards
in pre-1978 housing. A seller found to have knowingly lied about a defect may
face legal penalties.
Discount Point: normally paid at closing and generally calculated to be
equivalent to 1% of the total loan amount, discount points are paid to reduce the
interest rate on a loan. In an ARM with an initial rate discount, the lender gives up
a number of percentage points in interest to give you a lower rate and lower
payments for part of the mortgage term (usually for one year or less). After the
discount period, the ARM rate will probably go up depending on the index rate.
Down Payment: the portion of a home’s purchase price that is paid in cash and is
not part of the mortgage loan. This amount varies based on the loan type, but is
determined by taking the difference of the sale price and the actual mortgage loan
amount. Mortgage insurance is required when a down payment less than 20
percent is made.
Document Recording: after closing on a loan, certain documents are filed and
made public record. Discharges for the prior mortgage holder are filed first. Then
the deed is filed with the new owner’s and mortgage company’s names.
Due on Sale Clause: a provision of a loan allowing the lender to demand full
repayment of the loan if the property is sold.
Duration: the number of years it will take to receive the present value of all
future payments on a security to include both principal and interest.
Earnest Money (Deposit): money put down by a potential buyer to show that
they are serious about purchasing the home; it becomes part of the down
payment if the offer is accepted, is returned if the offer is rejected, or is forfeited
if the buyer pulls out of the deal. During the contingency period the money may
be returned to the buyer if the contingencies are not met to the buyer’s
satisfaction.
Earnings Per Share (EPS): a corporation’s profit that is divided among each
share of common stock. It is determined by taking the net earnings divided by the
number of outstanding common stocks held. This is a way that a company reports
profitability.
Easements: the legal rights that give someone other than the owner access to
use property for a specific purpose. Easements may affect property values and are
sometimes a part of the deed.
EEM: Energy Efficient Mortgage; an FHA program that helps homebuyers save
money on utility bills by enabling them to finance the cost of adding energy
efficiency features to a new or existing home as part of the home purchase
Eminent Domain: when a government takes private property for public use. The
owner receives payment for its fair market value. The property can then proceed
to condemnation proceedings.
Encroachments: a structure that extends over the legal property line on to
another individual’s property. The property surveyor will note any encroachment
on the lot survey done before property transfer. The person who owns the
structure will be asked to remove it to prevent future problems.
Encumbrance: anything that affects title to a property, such as loans, leases,
easements, or restrictions.
Equal Credit Opportunity Act (ECOA): a federal law requiring lenders to make
credit available equally without discrimination based on race, color, religion,
national origin, age, sex, marital status, or receipt of income from public
assistance programs.
Equity: an owner’s financial interest in a property; calculated by subtracting the
amount still owed on the mortgage loon(s)from the fair market value of the
property.
Escape Clause: a provision in a purchase contract that allows either party to
cancel part or the entire contract if the other does not respond to changes to the
sale within a set period. The most common use of the escape clause is if the buyer
makes the purchase offer contingent on the sale of another house.
Escrow: funds held in an account to be used by the lender to pay for home
insurance and property taxes. The funds may also be held by a third party until
contractual conditions are met and then paid out.
Escrow Account: a separate account into which the lender puts a portion of each
monthly mortgage payment; an escrow account provides the funds needed for
such expenses as property taxes, homeowners insurance, mortgage insurance,
etc.
Estate: the ownership interest of a person in real property. The sum total of all
property, real and personal, owned by a person.
Exclusive Listing: a written contract giving a real estate agent the exclusive
right to sell a property for a specific timeframe.
FICO Score: FICO is an abbreviation for Fair Isaac Corporation and refers to a
person’s credit score based on credit history. Lenders and credit card companies
use the number to decide if the person is likely to pay his or her bills. A credit
score is evaluated using information from the three major credit bureaus and is
usually between 300 and 850.
FSBO (For Sale by Owner): a home that is offered for sale by the owner without
the benefit of a real estate professional.
Fair Credit Reporting Act: federal act to ensure that credit bureaus are fair and
accurate protecting the individual’s privacy rights enacted in 1971 and revised in
October 1997.
Fair Housing Act: a law that prohibits discrimination in all facets of the home
buying process on the basis of race, color, national origin, religion, sex, familial
status, or disability.
Fair Market Value: : the hypothetical price that a willing buyer and seller will
agree upon when they are acting freely, carefully, and with complete knowledge of
the situation.
Familial Status: HUD uses this term to describe a single person, a pregnant
woman or a household with children under 18 living with parents or legal
custodians who might experience housing discrimination.
Fannie Mae: Federal National Mortgage Association (FNMA); a federally-chartered
enterprise owned by private stockholders that purchases residential mortgages
and converts them into securities for sale to investors; by purchasing mortgages,
Fannie Mae supplies funds that lenders may loan to potential homebuyers. Also
known as a Government Sponsored Enterprise (GSE).
FHA: Federal Housing Administration; established in 1934 to advance
homeownership opportunities for all Americans; assists homebuyers by providing
mortgage insurance to lenders to cover most losses that may occur when a
borrower defaults; this encourages lenders to make loans to borrowers who might
not qualify for conventional mortgages.
First Mortgage: the mortgage with first priority if the loan is not paid.
Fixed Expenses: payments that do not vary from month to month.
Fixed-Rate Mortgage: a mortgage with payments that remain the same
throughout the life of the loan because the interest rate and other terms are fixed
and do not change.
Fixture: personal property permanently attached to real estate or real property
that becomes a part of the real estate.
Float: the act of allowing an interest rate and discount points to fluctuate with
changes in the market.
Flood Insurance: insurance that protects homeowners against losses from a
flood; if a home is located in a flood plain, the lender will require flood insurance
before approving a loan.
Forbearance: a lender may decide not to take legal action when a borrower is
late in making a payment. Usually this occurs when a borrower sets up a plan that
both sides agree will bring overdue mortgage payments up to date.
Foreclosure: a legal process in which mortgaged property is sold to pay the loan
of the defaulting borrower. Foreclosure laws are based on the statutes of each
state.
Freddie Mac: Federal Home Loan Mortgage Corporation (FHLM); a federally
chartered corporation that purchases residential mortgages, securitizes them, and
sells them to investors; this provides lenders with funds for new homebuyers. Also
known as a Government Sponsored Enterprise (GSE).
Front End Ratio: a percentage comparing a borrower’s total monthly cost to buy
a house (mortgage principal and interest, insurance, and real estate taxes) to
monthly income before deductions.
GSE: abbreviation for government sponsored enterprises: a collection of financial
services corporations formed by the United States Congress to reduce interest
rates for farmers and homeowners. Examples include Fannie Mae and Freddie
Mac.
Ginnie Mae: Government National Mortgage Association (GNMA); a
government-owned corporation overseen by the U.S. Department of Housing and
Urban Development, Ginnie Mae pools FHA-insured and VA-guaranteed loans to
back securities for private investment; as With Fannie Mae and Freddie Mac, the
investment income provides funding that may then be lent to eligible borrowers by
lenders.
Global Debt Facility: designed to allow investors all over the world to purchase
debt (loans) of U.S. dollar and foreign currency through a variety of clearing
systems.
Good Faith Estimate: an estimate of all closing fees including pre-paid and
escrow items as well as lender charges; must be given to the borrower within
three days after submission of a loan application.
Graduated Payment Mortgages: mortgages that begin with lower monthly
payments that get slowly larger over a period of years, eventually reaching a fixed
level and remaining there for the life of the loan. Graduated payment loans may
be good if you expect your annual income to increase.
Grantee: an individual to whom an interest in real property is conveyed.
Grantor: an individual conveying an interest in real property.
Gross Income: money earned before taxes and other deductions. Sometimes it
may include income from self-employment, rental property, alimony, child
support, public assistance payments, and retirement benefits.
Guaranty Fee: payment to FannieMae from a lender for the assurance of timely
principal and interest payments to MBS (Mortgage Backed Security) security
holders.
HECM (Reverse Mortgage): the reverse mortgage is used by senior
homeowners age 62 and older to convert the equity in their home into monthly
streams of income and/or a line of credit to be repaid when they no longer occupy
the home. A lending institution such as a mortgage lender, bank, credit union or
savings and loan association funds the FHA insured loan, commonly known as
HECM.
Hazard Insurance: protection against a specific loss, such as fire, wind etc., over
a period of time that is secured by the payment of a regularly scheduled premium.
HELP: Homebuyer Education Learning Program; an educational program from the
FHA that counsels people about the home buying process; HELP covers topics like
budgeting, finding a home, getting a loan, and home maintenance; in most cases,
completion of the program may entitle the homebuyer to a reduced initial FHA
mortgage insurance premium-from 2.25% to 1.75% of the home purchase price.
Home Equity Line of Credit: a mortgage loan, usually in second mortgage,
allowing a borrower to obtain cash against the equity of a home, up to a
predetermined amount.
Home Equity Loan: a loan backed by the value of a home (real estate). If the
borrower defaults or does not pay the loan, the lender has some rights to the
property. The borrower can usually claim a home equity loan as a tax deduction.
Home Inspection: an examination of the structure and mechanical systems to
determine a home’s quality, soundness and safety; makes the potential
homebuyer aware of any repairs that may be needed. The homebuyer generally
pays inspection fees.
Home Warranty: offers protection for mechanical systems and attached
appliances against unexpected repairs not covered by homeowner’s insurance;
coverage extends over a specific time period and does not cover the home’s
structure.
Homeowner’s Insurance: an insurance policy, also called hazard insurance, that
combines protection against damage to a dwelling and its contents including fire,
storms or other damages with protection against claims of negligence or
inappropriate action that result in someone’s injury or property damage. Most
lenders require homeowners insurance and may escrow the cost. Flood
insurance is generally not included in standard policies and must be
purchased separately.
Homeownership Education Classes: classes that stress the need to develop a
strong credit history and offer information about how to get a mortgage approved,
qualify for a loan, choose an affordable home, go through financing and closing
processes, and avoid mortgage problems that cause people to lose their homes.
Homestead Credit: property tax credit program, offered by some state
governments, that provides reductions in property taxes to eligible households.
Housing Counseling Agency: provides counseling and assistance to individuals
on a variety of issues, including loan default, fair housing, and home buying.
HUD: the U.S. Department of Housing and Urban Development; established in
1965, HUD works to create a decent home and suitable living environment for all
Americans; it does this by addressing housing needs, improving and developing
American communities, and enforcing fair housing laws.
HUD1 Statement: also known as the “settlement sheet,” or “closing statement” it
itemizes all closing costs; must be given to the borrower at or before closing.
Items that appear on the statement include real estate commissions, loan fees,
points, and escrow amounts.
HVAC: Heating, Ventilation and Air Conditioning; a home’s heating and cooling
system.
Indemnification: to secure against any loss or damage, compensate or give
security for reimbursement for loss or damage incurred. A homeowner should
negotiate for inclusion of an indemnification provision in a contract with a general
contractor or for a separate indemnity agreement protecting the homeowner from
harm, loss or damage caused by actions or omissions of the general (and all sub)
contractor.
Index: the measure of interest rate changes that the lender uses to decide how
much the interest rate of an ARM will change over time. No one can be sure when
an index rate will go up or down. If a lender bases interest rate adjustments on
the average value of an index over time, your interest rate would not be as
volatile. You should ask your lender how the index for any ARM you are
considering has changed in recent years, and where it is reported.
Inflation: the number of dollars in circulation exceeds the amount of goods and
services available for purchase; inflation results in a decrease in the dollar’s value.
Inflation Coverage: endorsement to a homeowner’s policy that automatically
adjusts the amount of insurance to compensate for inflationary rises in the home’s
value. This type of coverage does not adjust for increases in the home’s value due
to improvements.
Inquiry: a credit report request. Each time a credit application is completed or
more credit is requested counts as an inquiry. A large number of inquiries on a
credit report can sometimes make a credit score lower.
Interest: a fee charged for the use of borrowing money.
Interest Rate: the amount of interest charged on a monthly loan payment,
expressed as a percentage.
Interest Rate Swap: a transaction between two parties where each agrees to
exchange payments tied to different interest rates for a specified period of time,
generally based on a notional principal amount.
Intermediate Term Mortgage: a mortgage loan with a contractual maturity
from the time of purchase equal to or less than 20 years.
Insurance: protection against a specific loss, such as fire, wind etc., over a period
of time that is secured by the payment of a regularly scheduled premium.
Joint Tenancy (with Rights of Survivorship): two or more owners share equal
ownership and rights to the property. If a joint owner dies, his or her share of the
property passes to the other owners, without probate. In joint tenancy, ownership
of the property cannot be willed to someone who is not a joint owner.
Judgment: a legal decision; when requiring debt repayment, a judgment may
include a property lien that secures the creditor’s claim by providing a collateral
source.
Jumbo Loan: or non-conforming loan, is a loan that exceeds Fannie Mae’s and
Freddie Mac’s loan limits. Freddie Mac and Fannie Mae loans are referred to as
conforming loans.
Late Payment Charges: the penalty the homeowner must pay when a mortgage
payment is made after the due date grace period.
Lease: a written agreement between a property owner and a tenant (resident)
that stipulates the payment and conditions under which the tenant may occupy a
home or apartment and states a specified period of time.
Lease Purchase (Lease Option): assists low to moderate income homebuyers in
purchasing a home by allowing them to lease a home with an option to buy; the
rent payment is made up of the monthly rental payment plus an additional
amount that is credited to an account for use as a down payment.
Lender: A term referring to an person or company that makes loans for real
estate purchases. Sometimes referred to as a loan officer or lender.
Lender Option Commitments: an agreement giving a lender the option to
deliver loans or securities by a certain date at agreed upon terms.
Liabilities: a person’s financial obligations such as long-term / short-term debt,
and other financial obligations to be paid.
Liability Insurance: insurance coverage that protects against claims alleging a
property owner’s negligence or action resulted in bodily injury or damage to
another person. It is normally included in homeowner’s insurance policies.
Lien: a legal claim against property that must be satisfied when the property is
sold. A claim of money against a property, wherein the value of the property is
used as security in repayment of a debt. Examples include a mechanic’s lien,
which might be for the unpaid cost of building supplies, or a tax lien for unpaid
property taxes. A lien is a defect on the title and needs to be settled before
transfer of ownership. A lien release is a written report of the settlement of a lien
and is recorded in the public record as evidence of payment.
Lien Waiver: A document that releases a consumer (homeowner) from any
further obligation for payment of a debt once it has been paid in full. Lien waivers
typically are used by homeowners who hire a contractor to provide work and
materials to prevent any subcontractors or suppliers of materials from filing a lien
against the homeowner for nonpayment.
Life Cap: a limit on the range interest rates can increase or decrease over the life
of an adjustable-rate mortgage (ARM).
Line of Credit: an agreement by a financial institution such as a bank 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 Agreement: a contract between a seller and a real estate professional to
market and sell a home. A listing agreement obligates the real estate professional
(or his or her agent) to seek qualified buyers, report all purchase offers and help
negotiate the highest possible price and most favorable terms for the property
seller.
Loan: money borrowed that is usually repaid with interest.
Loan Acceleration: an acceleration clause in a loan document is a statement in a
mortgage that gives the lender the right to demand payment of the entire
outstanding balance if a monthly payment is missed.
Loan Fraud: purposely giving incorrect information on a loan application in order
to better qualify for a loan; may result in civil liability or criminal penalties.
Loan Officer: a representative of a lending or mortgage company who is
responsible for soliciting homebuyers, qualifying and processing of loans. They
may also be called lender, loan representative, account executive or loan rep.
Loan Origination Fee: a charge by the lender to cover the administrative costs
of making the mortgage. This charge is paid at the closing and varies with the
lender and type of loan. A loan origination fee of 1 to 2 percent of the mortgage
amount is common.
Loan Servicer: the company that collects monthly mortgage payments and
disperses property taxes and insurance payments. Loan servicers also monitor
nonperforming loans, contact delinquent borrowers, and notify insurers and
investors of potential problems. Loan servicers may be the lender or a specialized
company that just handles loan servicing under contract with the lender or the
investor who owns the loan.
Loan to Value (LTV) Ratio: a percentage calculated by dividing the amount
borrowed by the price or appraised value of the home to be purchased; the higher
the LTV, the less cash a borrower is required to pay as down payment.
Lock-In: since interest rates can change frequently, many lenders offer an
interest rate lock-in that guarantees a specific interest rate if the loan is closed
within a specific time.
Lock-in Period: the length of time that the lender has guaranteed a specific
interest rate to a borrower.
Loss Mitigation: a process to avoid foreclosure; the lender tries to help a
borrower who has been unable to make loan payments and is in danger of
defaulting on his or her loan
Mandatory Delivery Commitment: an agreement that a lender will deliver loans
or securities by a certain date at agreed-upon terms.
Margin: the number of percentage points the lender adds to the index rate to
calculate the ARM interest rate at each adjustment.
Market Value: the amount a willing buyer would pay a willing seller for a home.
An appraised value is an estimate of the current fair market value.
Maturity: the date when the principal balance of a loan becomes due and payable.
Median Price: the price of the house that falls in the middle of the total number
of homes for sale in that area.
Medium Term Notes: unsecured general obligations of Fannie Mae with
maturities of one day or more and with principal and interest payable in U.S.
dollars.
Merged Credit Report: raw data pulled from two or more of the major creditreporting
firms.
Mitigation: term usually used to refer to various changes or improvements made
in a home; for instance, to reduce the average level of radon.
Modification: when a lender agrees to modify the terms of a mortgage without
refinancing the loan.
Mortgage: a lien on the property that secures the Promise to repay a loan. A
security agreement between the lender and the buyer in which the property is
collateral for the loan. The mortgage gives the lender the right to collect payment
on the loan and to foreclose if the loan obligations are not met.
Mortgage Acceleration Clause: a clause allowing a lender, under certain
circumstances, demand the entire balance of a loan is repaid in a lump sum. The
acceleration clause is usually triggered if the home is sold, title to the property is
changed, the loan is refinanced or the borrower defaults on a scheduled payment.
Mortgage-Backed Security (MBS): a Fannie Mae security that represents an
undivided interest in a group of mortgages. Principal and interest payments from
the individual mortgage loans are grouped and paid out to the MBS holders.
Mortgage Banker: a company that originates loans and resells them to
secondary mortgage lenders like Fannie Mae or Freddie Mac.
Mortgage Broker: a firm that originates and processes loans for a number of
lenders.
Mortgage Life and Disability Insurance: term life insurance bought by
borrowers to pay off a mortgage in the event of death or make monthly payments
in the case of disability. The amount of coverage decreases as the principal
balance declines. There are many different terms of coverage determining
amounts of payments and when payments begin and end.
Mortgage Insurance: a policy that protects lenders against some or most of the
losses that can occur when a borrower defaults on a mortgage loan; mortgage
insurance is required primarily for borrowers with a down payment of less than
20% of the home’s purchase price. Insurance purchased by the buyer to protect
the lender in the event of default. Typically purchased for loans with less than 20
percent down payment. The cost of mortgage insurance is usually added to the
monthly payment. Mortgage insurance is maintained on conventional loans until
the outstanding amount of the loan is less than 80 percent of the value of the
house or for a set period of time (7 years is common). Mortgage insurance also is
available through a government agency, such as the Federal Housing
Administration (FHA) or through companies (Private Mortgage Insurance or PMI).
Mortgage Insurance Premium (MIP): a monthly payment -usually part of the
mortgage payment – paid by a borrower for mortgage insurance.
Mortgage Interest Deduction: the interest cost of a mortgage, which is a tax -
deductible expense. The interest reduces the taxable income of taxpayers.
Mortgage Modification: a loss mitigation option that allows a borrower to
refinance and/or extend the term of the mortgage loan and thus reduce the
monthly payments.
Mortgage Note: a legal document obligating a borrower to repay a loan at a
stated interest rate during a specified period; the agreement is secured by a
mortgage that is recorded in the public records along with the deed.
Mortgage Qualifying Ratio: Used to calculate the maximum amount of funds
that an individual traditionally may be able to afford. A typical mortgage qualifying
ratio is 28: 36.
Mortgage Score: a score based on a combination of information about the
borrower that is obtained from the loan application, the credit report, and property
value information. The score is a comprehensive analysis of the borrower’s ability
to repay a mortgage loan and manage credit.
Mortgagee: the lender in a mortgage agreement. Mortgagor – The borrower in a
mortgage agreement.
Mortgagor: the borrower in a mortgage agreement
Multifamily Housing: a building with more than four residential rental units.
Multiple Listing Service (MLS): within the Metro Columbus area, Realtors
submit listings and agree to attempt to sell all properties in the MLS. The MLS is a
service of the local Columbus Board of Realtors®. The local MLS has a protocol for
updating listings and sharing commissions. The MLS offers the advantage of more
timely information, availability, and access to houses and other types of property
on the market.
National Credit Repositories: currently, there are three companies that
maintain national credit – reporting databases. These are Equifax, Experian, and
Trans Union, referred to as Credit Bureaus.
Negative Amortization: amortization means that monthly payments are large
enough to pay the interest and reduce the principal on your mortgage. Negative
amortization occurs when the monthly payments do not cover all of the interest
cost. The interest cost that isn’t covered is added to the unpaid principal balance.
This means that even after making many payments, you could owe more than you
did at the beginning of the loan. Negative amortization can occur when an ARM
has a payment cap that results in monthly payments not high enough to cover the
interest due.
Net Income: Your take-home pay, the amount of money that you receive in your
paycheck after taxes and deductions.
No Cash Out Refinance: a refinance of an existing loan only for the amount
remaining on the mortgage. The borrower does not get any cash against the
equity of the home. Also called a “rate and term refinance.”
No Cost Loan: there are many variations of a no cost loan. Generally, it is a loan
that does not charge for items such as title insurance, escrow fees, settlement
fees, appraisal, recording fees or notary fees. It may also offer no points. This
lessens the need for upfront cash during the buying process however no cost loans
have a higher interest rate.
Nonperforming Asset: an asset such as a mortgage that is not currently
accruing interest or which interest is not being paid.
Note: a legal document obligating a borrower to repay a mortgage loan at a
stated interest rate over 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 there is a default on
a loan and that legal action is possible.
Notional Principal Amount: the proposed amount which interest rate swap
payments are based but generally not paid or received by either party.
Non-Conforming loan: is a loan that exceeds Fannie Mae’s and Freddie Mac’s
loan limits. Freddie Mac and Fannie Mae loans are referred to as conforming loans.
Notary Public: a person who serves as a public official and certifies the
authenticity of required signatures on a document by signing and stamping the
document.
Offer: indication by a potential buyer of a willingness to purchase a home at a
specific price; generally put forth in writing.
Original Principal Balance: the total principal owed on a mortgage prior to any
payments being made.
Origination: the process of preparing, submitting, and evaluating a loan
application; generally includes a credit check, verification of employment, and a
property appraisal.
Origination Fee: the charge for originating a loan; is usually calculated in the
form of points and paid at closing. One point equals one percent of the loan
amount. On a conventional loan, the loan origination fee is the number of points a
borrower pays.
Owner Financing: a home purchase where the seller provides all or part of the
financing, acting as a lender.
Ownership: ownership is documented by the deed to a property. The type or
form of ownership is important if there is a change in the status of the owners or
if the property changes ownership.
Owner’s Policy: the insurance policy that protects the buyer from title defects.
PITI: Principal, Interest, Taxes, and Insurance: the four elements of a
monthly mortgage payment; payments of principal and interest go directly
towards repaying the loan while the portion that covers taxes and insurance
(homeowner’s and mortgage, if applicable) goes into an escrow account to cover
the fees when they are due.
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.
PMI: Private Mortgage Insurance; privately-owned companies that offer standard
and special affordable mortgage insurance programs for qualified borrowers with
down payments of less than 20% of a purchase price.
Partial Claim: a loss mitigation option offered by the FHA that allows a borrower,
with help from a lender, to get an interest-free loan from HUD to bring their
mortgage payments up to date.
Partial Payment: a payment that is less than the total amount owed on a
monthly mortgage payment. Normally, lenders do not accept partial payments.
The lender may make exceptions during times of difficulty. Contact your lender
prior to the due date if a partial payment is needed.
Payment Cap: a limit on how much an ARM’s payment may increase, regardless
of how much the interest rate increases.
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.
Payment Due Date: Contract language specifying when payments are due on
money borrowed. The due date is always indicated and means that the payment
must be received on or before the specified date. Grace periods prior to assessing
a late fee or additional interest do not eliminate the responsibility of making
payments on time.
Perils: for homeowner’s insurance, an event that can damage the property.
Homeowner’s insurance may cover the property for a wide variety of perils caused
by accidents, nature, or people.
Personal Property: any property that is not real property or attached to real
property. For example furniture is not attached however a new light fixture would
be considered attached and part of the real property.
Planned Unit Development (PUD): a development that is planned, and
constructed as one entity. Generally, there are common features in the homes or
lots governed by covenants attached to the deed. Most planned developments
have common land and facilities owned and managed by the owner’s or
neighborhood association. Homeowners usually are required to participate in the
association via a payment of annual dues.
Points: a point is equal to one percent of the principal amount of your mortgage.
For example, if you get a mortgage for $95,000, one point means you pay $950 to
the lender. Lenders frequently charge points in both fixed-rate and adjustable-rate
mortgages in order to increase the yield on the mortgage and to cover loan closing
costs. These points usually are collected at closing and may be paid by the
borrower or the home seller, or may be split between them.
Power of Attorney: a legal document that authorizes another person to act on
your behalf. A power of attorney can grant complete authority or can be limited to
certain acts or certain periods of time or both.
Pre-Approval: a lender commits to lend to a potential borrower a fixed loan
amount based on a completed loan application, credit reports, debt, savings and
has been reviewed by an underwriter. The commitment remains as long as the
borrower still meets the qualification requirements at the time of purchase. This
does not guaranty a loan until the property has passed inspections underwriting
guidelines.
Predatory Lending: abusive lending practices that include a mortgage loan to
someone who does not have the ability to repay. It also pertains to repeated
refinancing of a loan charging high interest and fees each time.
Predictive Variables: The variables that are part of the formula comprising
elements of a credit-scoring model. These variables are used to predict a
borrower’s future credit performance.
Preferred Stock: stock that takes priority over common stock with regard to
dividends and liquidation rights. Preferred stockholders typically have no voting
rights.
Pre-foreclosure Sale: a procedure in which the borrower is allowed to sell a
property for an amount less than what is owed on it to avoid a foreclosure. This
sale fully satisfies the borrower’s debt.
Prepayment: any amount paid to reduce the principal balance of a loan before
the due date or payment in full of a mortgage. This can occur with the sale of the
property, the pay off the loan in full, or a foreclosure. In each case, full payment
occurs before the loan has been fully amortized.
Prepayment Penalty: a provision in some loans that charge a fee to a borrower
who pays off a loan before it is due.
Pre-Foreclosure sale: allows a defaulting borrower to sell the mortgaged
property to satisfy the loan and avoid foreclosure.
Pre-Qualify: a lender informally determines the maximum amount an individual
is eligible to borrow. This is not a guaranty of a loan.
Premium: an amount paid on a regular schedule by a policyholder that maintains
insurance coverage.
Prepayment: payment of the mortgage loan before the scheduled due date; may
be Subject to a prepayment penalty.
Prepayment Penalty: a fee charged to a homeowner who pays one or more
monthly payments before the due date. It can also apply to principal reduction
payments.
Prepayment Penalty Mortgage (PPM): a type of mortgage that requires the
borrower to pay a penalty for prepayment, partial payment of principal or for
repaying the entire loan within a certain time period. A partial payment is
generally defined as an amount exceeding 20% of the original principal balance.
Price Range: the high and low amount a buyer is willing to pay for a home.
Prime Rate: the interest rate that banks charge to preferred customers. Changes
in the prime rate are publicized in the business media. Prime rate can be used as
the basis for adjustable rate mortgages (ARMs) or home equity lines of credit. The
prime rate also affects the current interest rates being offered at a particular point
in time on fixed mortgages. Changes in the prime rate do not affect the interest
on a fixed mortgage.
Principal: the amount of money borrowed to buy a house or the amount of the
loan that has not been paid back to the lender. This does not include the interest
paid to borrow that money. The principal balance is the amount owed on a loan at
any given time. It is the original loan amount minus the total repayments of
principal made.
Principal, Interest, Taxes, and Insurance (PITI): the four elements of a
monthly mortgage payment; payments of principal and interest go directly
towards repaying the loan while the portion that covers taxes and insurance
(homeowner’s and mortgage, if applicable) goes into an escrow account to cover
the fees when they are due.
Private Mortgage Insurance (PMI): insurance purchased by a buyer to protect
the lender in the event of default. The cost of mortgage insurance is usually added
to the monthly payment. Mortgage insurance is generally maintained until over 20
Percent of the outstanding amount of the loan is paid or for a set period of time,
seven years is normal. Mortgage insurance may be available through a
government agency, such as the Federal Housing Administration (FHA) or the
Veterans Administration (VA), or through private mortgage insurance companies
(PMI).
Promissory Note: a written promise to repay a specified amount over a specified
period of time.
Property (Fixture and Non-Fixture): in a real estate contract, the property is
the land within the legally described boundaries and all permanent structures and
fixtures. Ownership of the property confers the legal right to use the property as
allowed within the law and within the restrictions of zoning or easements. Fixture
property refers to those items permanently attached to the structure, such as
carpeting or a ceiling fan, which transfers with the property.
Property Tax: a tax charged by local government and used to fund municipal
services such as schools, police, or street maintenance. The amount of property
tax is determined locally by a formula, usually based on a percent per $1,000 of
assessed value of the property.
Property Tax Deduction: the U.S. tax code allows homeowners to deduct the
amount they have paid in property taxes from there total income.
Public Record Information: Court records of events that are a matter of public
interest such as credit, bankruptcy, foreclosure and tax liens. The presence of
public record information on a credit report is regarded negatively by creditors.
Punch List: a list of items that have not been completed at the time of the final
walk through of a newly constructed home.
Purchase Offer: A detailed, written document that makes an offer to purchase a
property, and that may be amended several times in the process of negotiations.
When signed by all parties involved in the sale, the purchase offer becomes a
legally binding contract, sometimes called the Sales Contract.
Qualifying Ratios: guidelines utilized by lenders to determine how much money
a homebuyer is qualified to borrow. Lending guidelines typically include a
maximum housing expense to income ratio and a maximum monthly expense to
income ratio.
Quitclaim Deed: a deed transferring ownership of a property but does not make
any guarantee of clear title.
RESPA: Real Estate Settlement Procedures Act; a law protecting consumers from
abuses during the residential real estate purchase and loan process by requiring
lenders to disclose all settlement costs, practices, and relationships
Radon: a radioactive gas found in some homes that, if occurring in strong enough
concentrations, can cause health problems.
Rate Cap: a limit on an ARM on how much the interest rate or mortgage payment
may change. Rate caps limit how much the interest rates can rise or fall on the
adjustment dates and over the life of the loan.
Rate Lock: a commitment by a lender to a borrower guaranteeing a specific
interest rate over a period of time at a set cost.
Real Estate Agent: an individual who is licensed to negotiate and arrange real
estate sales; works for a real estate broker.
Real Estate Mortgage Investment Conduit (REMIC): a security representing
an interest in a trust having multiple classes of securities. The securities of each
class entitle investors to cash payments structured differently from the payments
on the underlying mortgages.
Real Estate Property Tax Deduction: a tax deductible expense reducing a
taxpayer’s taxable income.
Real Estate Settlement Procedures Act (RESPA): a law protecting consumers
from abuses during the residential real estate purchase and loan process by
requiring lenders to disclose all settlement costs, practices, and relationships
Real Property: land, including all the natural resources and permanent buildings
on it.
REALTOR®: a real estate agent or broker who is a member of the NATIONAL
ASSOCIATION OF REALTORS, and its local and state associations.
Recorder: the public official who keeps records of transactions concerning real
property. Sometimes known as a “Registrar of Deeds” or “County Clerk.”
Recording: the recording in a registrar’s office of an executed legal document.
These include deeds, mortgages, satisfaction of a mortgage, or an extension of a
mortgage making it a part of the public record.
Recording Fees: charges for recording a deed with the appropriate government
agency.
Refinancing: paying off one loan by obtaining another; refinancing is generally
done to secure better loan terms (like a lower interest rate).
Rehabilitation Mortgage: a mortgage that covers the costs of rehabilitating
(repairing or Improving) a property; some rehabilitation mortgages – like the
FHA’s 203(k) – allow a borrower to roll the costs of rehabilitation and home
purchase into one mortgage loan.
Reinstatement Period: a phase of the foreclosure process where the homeowner
has an opportunity to stop the foreclosure by paying money that is owed to the
lender.
Remaining Balance: the amount of principal that has not yet been repaid.
Remaining Term: the original amortization term minus the number of payments
that have been applied.
Repayment plan: an agreement between a lender and a delinquent borrower
where the borrower agrees to make additional payments to pay down past due
amounts while making regularly scheduled payments.
Return On Average Common Equity: net income available to common
stockholders, as a percentage of average common stockholder equity.
Reverse Mortgage (HECM): the reverse mortgage is used by senior
homeowners age 62 and older to convert the equity in their home into monthly
streams of income and/or a line of credit to be repaid when they no longer occupy
the home. A lending institution such as a mortgage lender, bank, credit union or
savings and loan association funds the FHA insured loan, commonly known as
HECM.
Right of First Refusal: a provision in an agreement that requires the owner of a
property to give one party an opportunity to purchase or lease a property before it
is offered for sale or lease to others.
Risk Based Capital: an amount of capital needed to offset losses during a
ten-year period with adverse circumstances.
Risk Based Pricing: Fee structure used by creditors based on risks of granting
credit to a borrower with a poor credit history.
Risk Scoring: an automated way to analyze a credit report verses a manual
review. It takes into account late payments, outstanding debt, credit experience,
and number of inquiries in an unbiased manner.
Sale Leaseback: when a seller deeds property to a buyer for a payment, and the
buyer simultaneously leases the property back to the seller.
Second Mortgage: an additional mortgage on property. In case of a default the
first mortgage must be paid before the second mortgage. Second loans are more
risky for the lender and usually carry a higher interest rate.
Secondary Mortgage Market: the buying and selling of mortgage loans.
Investors purchase residential mortgages originated by lenders, which in turn
provides the lenders with capital for additional lending.
Secured Loan: a loan backed by collateral such as property.
Security: the property that will be pledged as collateral for a loan.
Seller Take Back: an agreement where the owner of a property provides second
mortgage financing. These are often combined with an assumed mortgage instead
of a portion of the seller’s equity.
Serious Delinquency: a mortgage that is 90 days or more past due.
Servicer: a business that collects mortgage payments from borrowers and
manages the borrower’s escrow accounts.
Servicing: the collection of mortgage payments from borrowers and related
responsibilities of a loan servicer.
Setback: the distance between a property line and the area where building can
take place. Setbacks are used to assure space between buildings and from roads
for a many of purposes including drainage and utilities.
Settlement: another name for closing.
Settlement Statement: a document required by the Real Estate Settlement
Procedures Act (RESPA). It is an itemized statement of services and charges
relating to the closing of a property transfer. The buyer has the right to examine
the settlement statement 1 day before the closing. This is called the HUD 1
Settlement Statement.
Special Forbearance: a loss mitigation option where the lender arranges a
revised repayment plan for the borrower that may include a temporary reduction
or suspension of monthly loan payments.
Stockholders’ Equity: the sum of proceeds from the issuance of stock and
retained earnings less amounts paid to repurchase common shares.
Stripped MBS (SMBS): securities created by “stripping” or separating the
principal and interest payments from the underlying pool of mortgages into two
classes of securities, with each receiving a different proportion of the principal and
interest payments.
Sub-Prime Loan: “B” Loan or “B” paper with FICO scores from 620 – 659. “C”
Loan or “C” Paper with FICO scores typically from 580 to 619. An industry term to
used to describe loans with less stringent lending and underwriting terms and
conditions. Due to the higher risk, sub-prime loans charge higher interest rates
and fees.
Subordinate: to place in a rank of lesser importance or to make one claim
secondary to another.
Survey: a property diagram that indicates legal boundaries, easements,
encroachments, rights of way, improvement locations, etc. Surveys are conducted
by licensed surveyors and are normally required by the lender in order to confirm
that the property boundaries and features such as buildings, and easements are
correctly described in the legal description of the property.
Sweat Equity: using labor to build or improve a property as part of the down
payment
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.
Terms: The period of time and the interest rate agreed upon by the lender and
the borrower to repay a loan.
Title: a legal document establishing the right of ownership and is recorded to
make it part of the public record. Also known as a Deed.
Title 1: an FHA-insured loan that allows a borrower to make non-luxury
improvements (like renovations or repairs) to their home; Title I loans less than
$7,500 don’t require a property lien.
Title Company: a company that specializes in examining and insuring titles to
real estate.
Title Defect: an outstanding claim on a property that limits the ability to sell the
property. Also referred to as a cloud on the title.
Title Insurance: insurance that protects the lender against any claims that arise
from arguments about ownership of the property; also available for homebuyers.
An insurance policy guaranteeing the accuracy of a title search protecting against
errors. Most lenders require the buyer to purchase title insurance protecting the
lender against loss in the event of a title defect. This charge is included in the
closing costs. A policy that protects the buyer from title defects is known as an
owner’s policy and requires an additional charge.
Title Search: a check of public records to be sure that the seller is the recognized
owner of the real estate and that there are no unsettled liens or other claims
against the property.
Transfer Agent: a bank or trust company charged with keeping a record of a
company’s stockholders and canceling and issuing certificates as shares are bought
and sold.
Transfer of Ownership: any means by which ownership of a property changes
hands. These include purchase of a property, assumption of mortgage debt,
exchange of possession of a property via a land sales contract or any other land
trust device.
Transfer Taxes: State and local taxes charged for the transfer of real estate.
Usually equal to a percentage of the sales price.
Treasury Index: can be used as the basis for adjustable rate mortgages (ARMs)
It is based on the results of auctions that the U.S. Treasury holds for its Treasury
bills and securities.
Truth-in-Lending: a federal law obligating a lender to give full written disclosure
of all fees, terms, and conditions associated with the loan initial period and then
adjusts to another rate that lasts for the term of the loan.
Two Step Mortgage: an adjustable-rate mortgage (ARM) that has one interest
rate for the first five to seven years of its term and a different interest rate for the
remainder of the term.
Trustee: a person who holds or controls property for the benefit of another.
Underwriting: the process of analyzing a loan application to determine the
amount of risk involved in making the loan; it includes a review of the potential
borrower’s credit history and a judgment of the property value.
Up Front Charges: the fees charged to homeowners by the lender at the time of
closing a mortgage loan. This includes points, broker’s fees, insurance, and other
charges.
VA (Department of Veterans Affairs): a federal agency, which guarantees
loans made to veterans; similar to mortgage insurance, a loan guarantee protects
lenders against loss that may result from a borrower default.
VA Mortgage: a mortgage guaranteed by the Department of Veterans Affairs
(VA).
Variable Expenses: Costs or payments that may vary from month to month, for
example, gasoline or food.
Variance: a special exemption of a zoning law to allow the property to be used in
a manner different from an existing law.
Vested: a point in time when you may withdraw funds from an investment
account, such as a retirement account, without penalty.
Walk Through: the final inspection of a property being sold by the buyer to
confirm that any contingencies specified in the purchase agreement such as
repairs have been completed, fixture and non-fixture property is in place and
confirm the electrical, mechanical, and plumbing systems are in working order.
Warranty Deed: a legal document that includes the guarantee the seller is the
true owner of the property, has the right to sell the property and there are no
claims against the property.
Zoning: local laws established to control the uses of land within a particular area.
Zoning laws are used to separate residential land from areas of non-residential
use, such as industry or businesses. Zoning ordinances include many provisions
governing such things as type of structure, setbacks, lot size, and uses of a building.