– A variable or
flexible rate mortgage with an interest rate that adjusts periodically
according to the financial index it is based upon plus a margin. To limit
the borrower’s risk, the ARM may have a payment or rate cap.
Amortization – The reduction of a debt by regular, usually
monthly, installments of principal and interest. An amortization schedule
is a table showing the payment, the amounts applied to interest and
principal and the unpaid balance.
Annual Percentage Rage (APR) – The cost of credit expressed as a
yearly rate, taking into account interest, points, and other finance
charges. Disclosure of the APR is required by the federal Truth-in-Lending
Act and allows borrowers to compare the costs of different mortgage loans.
Appraisal – An estimate of a property’s value as of a given
date, determined by a qualified professional appraiser. The value may be
based on replacement cost, the sales of comparable properties, or the
property’s ability to produce income.
Assumption – An agreement between a buyer and a seller which may
require lender approval, where the buyer takes over the payments for a
mortgage and accepts the liability. Assuming a loan can be advantageous for
a buyer because there are no closing costs and the loan’s interest rate
may be lower than current market rates. Depending on the terms of the
mortgage deed of trust, the lender may raise the interest rate or require
the buyer to qualify for the mortgage.
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B
Bankruptcy – A proceeding in a federal court in which a debtor
(who owes more than his/her assets or cash flow) is relieved from the
payment of debts. This can affect the borrower’s personal liability or
the mortgage debt but not the lien of a 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.
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C
Certificate of Occupancy (CO) – Written authorization given by a
local municipality that allows a newly completed or substantially completed
structure to be inhabited.
Certificate of Title – Document rendering an opinion on the status
of a property’s title based on public records.
Closing – The meeting between the buyer, seller and lender or
their agents where the property and funds legally changes hands. Also
called settlement. Commitment and 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.
Closing costs – Fees paid at closing which usually include an
origination fee, discount points, appraisal fee, title search, and
insurance, survey, taxes, deed recording, credit report charge and other
costs assessed at settlement. The costs of closing usually are about three
to six percent of the mortgage amount.
Co-Borrower – One who is individually and jointly obligated to
repay a mortgage loan and may or may not share ownership of the property
with one or more of the borrowers. See also: co-signer.
Co-Signer – A person who agrees to assume a debt obligation if the
principal borrower defaults on the payments. A co-signer is not on the
security instrument and is only responsible for the debt. See also:
co-borrower.
Collateral – Something of value pledged as security for a loan. In
mortgage lending, the property itself serves as collateral for a mortgage
loan.
Commitment Fee – A fee charged when an agreement is reached
between a lender and a borrower for a loan on specific terms and
conditions. Rate and points may be locked-in or may be
"floating."
Condominium – A form of ownership where the dwelling units are
individually owned and the homeowners share ownership of common areas such
as grounds, the parking facilities, and the tennis courts.
Conforming Loan – A loan that conforms to Federal Home Loan
Mortgage Corporation (FHLMC) or Federal National Mortgage Association
(FNMA) guidelines. See also: non- conforming loan.
Construction Loan – A short-term loan financing improvements to
real estate, such as the building of a new home. The lender advances funds
to borrower as needed while construction progresses. Upon completion of the
construction, the borrower must obtain permanent financing or pay the
construction loan in full.
Contract sale or deed – A contract between the purchaser and
sellers of real estate to convey title after certain conditions have been
met. It is a form of installment sale.
Consumer Handbook on Adjustable Rate Mortgages – A disclosure
required by the federal government to be given to any borrower applying for
an adjustable rate mortgage (ARM).
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D
Debt-To-Income Ratio – The ratio of the borrower’s total monthly
obligations, including housing expenses and recurring debts, to monthly
income. It is used to determine the borrower’s capacity to repay the
mortgage and all other debts.
Delinquency – Failure to make payments on time. This can lead to
foreclosure.
Department of Housing and Urban Development – The U.S. government
agency that administers FHA, GNMA and other housing programs.
Discount – The amount by which the sales price of a note (or
financial instrument) is below or less than its face value. The purpose of
a discount is to adjust the yield upward either in lieu of interest or in
addition to interest. Discount points are payable to the lender by the
borrower or seller to increase the lender’s effective yield. One point is
equal to 1% of the loan.
Down Payment – The difference between the purchase price and
mortgage amount. The down payment becomes your property equity. Typically
it should be cash savings, but it can also be a gift that is not to be
repaid or a borrowed amount secured by assets.
Due on Sale – A clause in a mortgage or deed of trust allowing a
lender to require immediate payment of the balance of the loan if the
property is sold.
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E
Earnest money – Cash given to a seller by a buyer as good faith
assurance that the buyer intends to go through with the purchase of a
property.
Easement – The right one party has in regard to the property of
another, such as the right of a public utility company to lay lines.
Equal Credit Opportunity Act – A federal law prohibiting lenders
and other creditors from discriminating based on race, color, sex,
religion, national origin, age, martial status, receipt of public
assistance or because an applicant has exercised his or her rights under
the Consumer Credit Protection Act.
Equity – The value of a property beyond any liens against it. Also
referred to as owner’s interest.
Escrow Funds – Money held by the lender for payment of the taxes
and insurance on your home.
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F
Fair Market Value – The price established in a free market between
a buyer and seller in an arms-length transaction where neither one is
compelled to buy or sell. In an appraisal, this is the final value derived
after examining the Sales Comparison, Cost, and if applicable, Income
approaches; sometimes referred to as "Market Value."
Farmer’s Home Administration – The government agency that
guarantees mortgages secured by residential properties located in rural
areas, concentrating on borrowers with income less than HUD’s local
median income for the area in which they reside. FmHa is known as Rural
Economic and Community Development.
Federal Home Loan Mortgage Corporation (FHLMC or Freddie Mac) – A
quasi-governmental, federally sponsored organization that acts as a
secondary market investor to buy and sell mortgage loans. FHLMC sets many
of the guidelines for conventional mortgage loans.
Federal Housing Administration (FHA) – An agency within the
Department of Housing and Urban Development that sets standards for
underwriting and insures residential mortgage loans made by private
lenders. One of FHA’ s objectives is to ensure affordable mortgages to
those with low or moderate income. FHA loans may be high loan-to-value, and
they are limited by loan amount. FHA mortgage insurance requires a fee of
up to 3.8 percent of the loan amount to be paid either at closing or added
to each monthly payment, as well as an annual fee of 0.5 percent of the
loan amount added to each monthly payment.
Fee simple – The maximum form of ownership, with the right to
occupy a property and sell it to a buyer at any time. Upon the death of the
owner, the property goes to the owner’s designated heirs. Also known as
fee simple absolute.
Fixed Rate Mortgage – The mortgage interest rate will remain the
same on these mortgages through out the term of the mortgage for the
original borrower.
Foreclosure – The legal process by which a borrower in default
under a mortgage or deed of trust, loses his/her interest in the mortgage
property. This process usually involves a forced sale of property at public
auction with proceeds of the sale being applied to the mortgage debt.
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G
Gift funds – Funds donated to the borrower from certain eligible
sources to assist the borrower in meeting closing costs. Generally,
eligible sources are a relative, church, municipality, or non-profit
organization.
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H
Hazard Insurance – A form of insurance that protects the insured
property against physical damage such as fires, tornadoes, earthquakes,
etc. Mortgage lenders often require a borrower to maintain an amount of the
mortgage loan.
Homeowner’s Association (HOA) – A non-profit association, whose
directors and officers are elected by the unit owners of a condominium or a
planned unit development project. The primary responsibilities are to
manage the common areas, expenses and services of the project.
Housing and Urban Development (HUD) – The U.S. government agency
that administers FHA, GNMA and other housing programs.
Housing debt-to-income ratio – The sum of all monthly housing
mortgage expenses such as principal, interest, taxes and insurance (PITI),
homeowner’s dues, private mortgage insurance and any special assessments
as a percentage of gross qualifying income.
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I
Installment Debt – Borrowed money that is repaid in successive
payments, usually at regular intervals.
Interest Rate – The simple interest rate, stated as a percentage,
charged by a lender on the principal amount of borrowed money. See also:
Annual Percentage Rate
Investor – A money source for a lender.
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J
Jumbo Loan – A loan that is for a larger dollar amount than the
limits set by the Federal Home Loan Mortgage Corporation (FHLMC)
guidelines.
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L
Lien – A claim against a property for the payment of a debt. A
mortgage is a lien. Other types of liens a property might have include a
tax lien for overdue taxes, or a court judgement lien, or a mechanics lien
for unpaid debt to a contractor.
Loan-to-value ratio – The relationship, expressed as a percentage,
between the amount of the proposed loan and a property’s appraised value
or purchase price. For example, a $75,000 loan on a property appraised at
$100,000 is a 75% loan-to-value.
Lock-in – The guarantee of a specific interest rate and/or points
for a specific period of time. Some lenders will charge a fee for locking
in an interest rate.
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M
Market Value – The price a property can realistically sell for,
based upon comparable selling prices of other properties in the same area.
Mortgage Insurance Premium (MIP) – Amount of one-half percent
which borrower pay each month on FHA insured mortgage loans. It is
insurance from FHA to the lender against incurring a loss due to the
borrower’s default. On September 1, 1983 the MIP was changed to a
one-time charge to borrowers.
Mortgage – A legal instrument in which a lien on real property is
granted as security for the repayment of a loan. In some states, a deed of
trust is used rather than a mortgage.
Mortgage Broker – An intermediary between a borrower and a lender.
A broker’s expertise is to help borrowers find financing that they might
not otherwise find themselves.
Mortgage Insurance (MI) – Insurance that protects a mortgage
lender against loss in the event of default by the borrower. This insurance
allows lenders to make loans with lower down payments (LTVs above 80%, in
most cases). The cost is usually borne by the borrower.
Mortgagee – The lender.
Mortgagor – The borrower.
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N
Net worth – The amount by which an individual’s assets (or
assets of a business) exceed total liabilities.
Non-conforming loan – A loan that does not conform to Federal Home
Loan Mortgage Corporation (FHLMC) guidelines because the loan amount is too
high or FHLMC underwriting or other criteria are not met. Jumbo loans are
non-conforming. Also called sub-prime or BCD. See also: conforming loan
Note – A signed document that acknowledges a debt and shows the
borrower is obligated to pay it.
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O
Origination Fee – The amount charged by a lender to originate and
close a mortgage loan. Origination fees are usually expressed in points.
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P
Payment to income (P/I) ratio – The ratio of the borrower’s
total housing payment (principal, interest, taxes insurance, HOA fees,
special assessments, and subordinate financing) that is used to measure the
borrower’s capacity to manage the housing expense. Also known as
"housing debt-to-income ratio."
PITI – Abbreviation for principal, interest, taxes, and insurance.
Planned Unit Development (PUD) – A real estate project in which
each unit owner has title to a residential lot and building and a
non-exclusive easement on the common areas of the project.
Points (Discount Points) – Charges levied by the lender based on
the loan amount. Each point is one percent of the loan amount for example,
two points of a $100,000 mortgage is $2,000. Discount points are used to
buy down the interest rate. Points can also include a loan origination fee,
which is usually one point.
Power of Attorney – A legal document authorizing one person to act
on behalf of another.
Prepaid items – Items that generally must be paid for at the time
of closing, are generally recurring charges and may include the following:
- first year premiums for hazard, flood, and mortgage insurance, as
applicable to the transaction
- prorated interest
- any special assessments which must be prepaid (i.e. water/sewer
connection, etc.)
- escrow accounts for any of the above
Pre-payment – The borrower’s ability to make full or partial
payments on a loan’s principal before they are due.
Pre-payment Penalty – Money charged for an early repayment of
debt. Prepayment penalties are allowed in some form in 36 states and the
District of Columbia.
Pre-qualification – Tentative establishment of a borrower’s
qualification for a mortgage loan of a specific amount or ability to make
monthly payments at a certain level, based solely on debt-to-income ratios.
Pre-qualification is an estimate only and is subject to debt and income
verification, credit history, property appraisal and other factors.
Prime Rate – The interest rate designated by a lender as its prime
rate and which serves as a basis for the interest rate charged to certain
customers.
Principal – The amount of the mortgage loan, not counting
interest.
Private Mortgage Insurance (PMI) – Insurance coverage that many
lenders, investors, and government agencies require the borrower to obtain
to protect the lender against loss in the event of mortgage default on
higher LTV mortgages.
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Q
Qualification – As determined by a lender, the ability of the
borrower to repay a mortgage loan based on the borrower’s credit history,
employment history, assets, debts, income and other factors.
Qualifying ratios – The percentage of payment to income (P/I) and
debt-to-income (D/I) that is used to measure the borrower’s capacity to
repay the mortgage debt.
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R
Refinance – Retirement of an existing debt from the proceeds of a
new loan, using the same collateral as security.
Reserves – Sometimes referred to as "cash reserves" or
"post closing reserves"; this is the amount of liquid assets the
borrower has remaining after completion of the mortgage loan transaction
and payment of any other debts(s) that had to be satisfied in order for the
borrower to qualify for the loan.
RESPA – Abbreviation for the federal Real Estate Settlement
Procedures Act, which requires lenders to disclose information on the
nature and costs of the real estate settlement process, limits certain fees
and charges, and regulates the amount home buyers are required to place in
escrow.
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S
Second/vacation home – A second home/vacation home that is
occupied by the borrower for some portion of the year for his/her exclusive
use and enjoyment but which is suitable for year-round occupancy. It cannot
be subject to a mandatory rental pool and the borrower does not intend to
use the property for income purposes.
Self-employed borrower – A borrower whose income is derived from a
business in which he/she has an ownership interest of 25% or more.
Servicing – The responsibility of collecting monthly mortgage
payments and properly crediting them to the principal, interest, taxes and
insurance, as well as keeping the borrower informed of any changes in the
status of the loan.
Settlement – The closing of a mortgage loan. See also: closing.
Survey – A physical measurement of the property done by registered
professional showing the boundaries, dimensions and location of any
buildings as well as easements, rights of way, roads, etc.
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T
Title – A formal document establishing ownership of property.
Title Search – An examination of municipal records to determine
the legal ownership of the property. Usually is performed by a title
company.
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U
Underwriter – 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.
Uniform Settlement Statement – A standard document prescribed by
the Real Estate Settlement Procedures Act disclosing all costs pain in
connection with the settlement for a real estate transaction. Also called a
HUD-1.
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V
Verification of Deposit (VOD) – A document signed by the borrower’s
financial institution verifying the status and balance of his or her
financial accounts.
Verification of Employment (VOE) - A document signed by borrower’s
employer verifying his or her position and salary.
Veteran’s Administration (VA) – The federal agency responsible
for the VA loan guarantee program as well as other services for eligible
veterans. In general, qualified veterans can apply for home loans with no
down payment and a mortgage insurance premium of one percent of the loan
amount.
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W
Walk-through – An inspection of a property by the prospective
buyer prior to closing on a mortgage.
Warranty deed – A document protecting a homebuyer against any and
all claims to the property.
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Z
Zoning – The ability of local government to specify the use of
property in order to control development within designated areas of land.
For example, some areas of a neighborhood may be designated only for
residential use and others for commercial use such as stores, gas stations,
etc.
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