hazard insurance
Insurance coverage that in the event of physical damage to a property from
fire, wind, vandalism, or other hazards.
Home Equity Conversion Mortgage (HECM)
Usually referred to as a reverse annuity
mortgage, what makes this type of mortgage unique is that instead of making
payments to a lender, the lender makes payments to you. It enables older home
owners to convert the equity they have in their homes into cash, usually in the
form of monthly payments. Unlike traditional home equity loans, a borrower does
not qualify on the basis of income but on the value of his or her home. In
addition, the loan does not have to be repaid until the borrower no longer
occupies the property.
home equity line of credit
A mortgage loan, usually in second position,
that allows the borrower to obtain cash drawn against the equity of his home, up
to a predetermined amount.
home
inspection
A thorough inspection by a professional that
evaluates the structural and mechanical condition of a property. A satisfactory
home inspection is often included as a contingency by the purchaser.
homeowners' association
A nonprofit association that manages the common
areas of a planned unit development (PUD) or condominium project. In a
condominium project, it has no ownership interest in the common elements. In a
PUD project, it holds title to the common elements.
homeowner's insurance
An insurance policy that combines personal
liability insurance and hazard
insurance coverage for a dwelling and its contents.
homeowner's warranty
A type of insurance often purchased by
homebuyers that will cover repairs to certain items, such as heating or air
conditioning, should they break down within the coverage period. The buyer often
requests the seller to pay for this coverage as a condition of the sale, but
either party can pay.
HUD median
income
Median family income for a particular county or
metropolitan statistical area (MSA), as estimated by the Department of Housing
and Urban Development (HUD).
HUD-1 settlement statement
A document that provides an itemized listing of
the funds that were paid at closing. Items that appear on the statement include
real estate commissions, loan fees, points, and initial escrow (impound)
amounts. Each type of expense goes on a specific numbered line on the sheet. The
totals at the bottom of the HUD-1 statement define the seller's net proceeds and
the buyer's net payment at closing. It is called a HUD1 because the form is
printed by the Department of Housing and Urban Development (HUD). The HUD1
statement is also known as the "closing statement" or "settlement sheet."
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joint tenancy
A form of ownership or taking title to property which means each party owns
the whole property and that ownership is not separate. In the event of the death
of one party, the survivor owns the property in its entirety.
judgment
A decision made by
a court of law. In judgments that require the repayment of a debt, the court may
place a lien against the debtor's real property as collateral for the judgment's
creditor.
judicial foreclosure
A type of foreclosure proceeding used in some
states that is handled as a civil lawsuit and conducted entirely under the
auspices of a court. Other states use non-judicial foreclosure.
jumbo loan
A loan that exceeds Fannie Mae’s and Freddie
Mac’s loan limits, currently at $227,150. Also called a nonconforming loan.
Freddie Mac and Fannie Mae loans are referred to as conforming loans.
late charge
The penalty a borrower must pay when a payment
is made a stated number of days. On a first trust deed or mortgage, this is
usually fifteen days.
lease
A written agreement
between the property owner and a tenant that stipulates the payment and
conditions under which the tenant may possess the real estate for a specified
period of time.
leasehold estate
A way of holding
title to a property wherein the mortgagor does not actually own the property but
rather has a recorded long-term lease on it.
lease option
An alternative financing option that allows home
buyers to lease a home with an option to buy. Each month's rent payment may
consist of not only the rent, but an additional amount which can be applied
toward the down payment on an already specified price.
legal
description
A property description, recognized by law, that
is sufficient to locate and identify the property without oral testimony.
lender
A term which can refer to the institution making the loan or to the
individual representing the firm. For example, loan officers are often referred
to as "lenders."
liabilities
A person's financial obligations. Liabilities
include long-term and short-term debt, as
well as any other amounts that are
owed to others.
liability
insurance
Insurance coverage that offers protection
against claims alleging that a property owner's negligence or inappropriate
action resulted in bodily injury or property damage to another party. It is
usually part of a homeowner’s insurance policy.
lien
A legal claim against a property that must be
paid off when the property is sold. A mortgage or first trust deed is considered
a lien.
life cap
For an adjustable-rate mortgage (ARM), a limit
on the amount that the interest rate can increase or decrease over the life of
the mortgage.
line of credit
An agreement by a commercial bank or other
financial institution to extend credit up to a certain amount for a certain time
to a specified borrower.
liquid asset
A cash asset or an asset that is easily
converted into cash.
loan
A sum of borrowed money (principal) that is
generally repaid with interest.
loan officer
Also referred to by a variety of other terms, such as lender, loan
representative, loan "rep," account executive, and others. The loan officer
serves several functions and has various responsibilities: they solicit loans,
they are the representative of the lending institution, and they represent the
borrower to the lending institution.
loan origination
How a lender refers to the process of obtaining
new loans.
loan servicing
After you obtain a loan, the company you make the payments to is "servicing"
your loan. They process payments, send statements, manage the escrow/impound
account, provide collection efforts on delinquent loans, ensure that insurance
and property taxes are made on the property, handle pay-offs and assumptions,
and provide a variety of other services.
loan-to-value (LTV)
The percentage relationship between the amount
of the loan and the appraised value or sales price (whichever is lower).
lock-in
An agreement in which the lender guarantees a
specified interest rate for a certain amount of time at a certain cost.
lock-in period
The time period during which the lender has
guaranteed an interest rate to a borrower.
margin
The difference between the interest rate and the
index on an adjustable rate mortgage. The margin remains stable over the life of
the loan. It is the index which moves up and down.
maturity
The date on which
the principal balance of a loan, bond, or other financial instrument becomes due
and payable.
merged credit report
A credit report which reports the raw data
pulled from two or more of the major credit repositories. Contrast with a
Residential Mortgage Credit Report (RMCR) or a standard factual credit report.
modification
Occasionally, a lender will agree to modify the
terms of your mortgage without requiring you t refinance. If any changes are
made, it is called a modification.
mortgage
A legal document
that pledges a property to the lender as security for payment of a debt. Instead
of mortgages, some states use First Trust Deeds.[
mortgage banker
For a more complete discussion of mortgage
banker, see "Types of Lenders." A mortgage banker is generally assumed to
originate and fund their own loans, which are then sold on the secondary market,
usually to Fannie Mae, Freddie Mac, or Ginnie Mae. However, firms rather loosely
apply this term to themselves, whether they are true mortgage bankers or simply
mortgage brokers or correspondents.
mortgage broker
A mortgage company that originates loans, then
places those loans with a variety of other lending institutions with whom they
usually have pre-established relationships.
mortgagee
The lender in a mortgage agreement.
mortgage insurance (MI)
Insurance that covers the lender against some of
the losses incurred as a result of a default on a home loan. Often mistakenly
referred to as PMI, which is actually the name of one of the larger mortgage
insurers. Mortgage insurance is usually required in one form or another on all
loans that have a loan-to-value higher than eighty percent. Mortgages above 80%
LTV that call themselves "No MI" are usually a made at a higher interest rate.
Instead of the borrower paying the mortgage insurance premiums directly, they
pay a higher interest rate to the lender, which then pays the mortgage insurance
themselves. Also, FHA loans and certain first-time homebuyer programs require
mortgage insurance regardless of the loan-to-value.
mortgage insurance premium (MIP)
The amount paid by a mortgagor for mortgage
insurance, either to a government agency such as the Federal Housing
Administration (FHA) or to a private mortgage insurance (MI) company.
mortgage life and disability insurance
A type of term life insurance often bought by
borrowers. The amount of coverage decreases as the principal balance declines.
Some policies also cover the borrower in the event of disability. In the event
that the borrower dies while the policy is in force, the debt is automatically
satisfied by insurance proceeds. In the case of disability insurance, the
insurance will make the mortgage payment for a specified amount of time during
the disability. Be careful to read the terms of coverage, however, because often
the coverage does not start immediately upon the disability, but after a
specified period, sometime forty-five days.
mortgagor
The borrower in a
mortgage agreement.
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multidwelling units
Properties that provide separate housing units
for more than one family, although they secure only a single mortgage.
negative
amortization
Some adjustable rate mortgages allow the
interest rate to fluctuate independently of a required minimum payment. If a
borrower makes the minimum payment it may not cover all of the interest that
would normally be due at the current interest rate. In essence, the borrower is
deferring the interest payment, which is why this is called "deferred interest."
The deferred interest is added to the balance of the loan and the loan balance
grows larger instead of smaller, which is called negative amortization.
no
cash-out refinance
A refinance transaction which is not intended to
put cash in the hand of the borrower. Instead, the new balance is calculated to
cover the balance due on the current loan and any costs associated with
obtaining the new mortgage. Often referred to as a "rate and term refinance."
no-cost loan
Many lenders offer loans that you can obtain at "no cost." You should
inquire whether this means there are no "lender" costs associated with the loan,
or if it also covers the other costs you would normally have in a purchase or
refinance transactions, such as title insurance, escrow fees, settlement fees,
appraisal, recording fees, notary fees, and others. These are fees and costs
which may be associated with buying a home or obtaining a loan, but not charged
directly by the lender. Keep in mind that, like a "no-point" loan, the interest
rate will be higher than if you obtain a loan that has costs associated with it.
note
A legal document that obligates a borrower to repay a mortgage loan at a
stated interest rate during a specified period of time.
note rate
The interest rate stated on a mortgage note.
no-cost loan
Almost all lenders offer loans at "no points." You will find the interest
rate on a "no points" loan is approximately a quarter percent higher than on a
loan where you pay one point.
notice of default
A formal written notice to a borrower that a default has occurred and that
legal action may be taken.
original principal balance
The total amount of principal owed on a mortgage before any
payments are made.
origination fee
On a government loan the loan origination fee is one percent of the
loan amount, but additional points may be charged which are called "discount
points." One point equals one percent of the loan amount. On a conventional
loan, the loan origination fee refers to the total number of points a borrower
pays.
owner
financing
A property purchase transaction in which the property seller
provides all or part of the financing.
partial payment
A payment that is not sufficient to cover the scheduled monthly
payment on a mortgage loan. Normally, a lender will not accept a partial
payment, but in times of hardship you can make this request of the loan
servicing collection department.
payment change date
The date when a new monthly payment amount takes effect on an
adjustable-rate mortgage (ARM) or a graduated-payment mortgage (GPM). Generally,
the payment change date occurs in the month immediately after the interest rate
adjustment date.
periodic
payment cap
For an adjustable-rate
mortgage where the interest rate and the minimum payment amount fluctuate
independently of one another, this is a limit on the amount that payments can
increase or decrease during any one adjustment period.
periodic
rate cap
For an adjustable-rate
mortgage, a limit on the amount that the interest rate can increase or decrease
during any one adjustment period, regardless of how high or low the index might
be.
personal property
Any property that is not real property.
PITI
This stands for principal, interest, taxes and insurance. If you
have an "impounded" loan, then your monthly payment to the lender includes all
of these and probably includes mortgage insurance as well. If you do not have an
impounded account, then the lender still calculates this amount and uses it as
part of determining your debt-to-income ratio.
PITI
reserves
A cash amount that a borrower must have on hand after making a down
payment and paying all closing costs for the purchase of a home. The principal,
interest, taxes, and insurance (PITI) reserves must equal the amount that the
borrower would have to pay for PITI for a predefined number of months.
planned unit development (PUD)
A type of ownership
where individuals actually own the building or unit they live in, but common
areas are owned jointly with the other members of the development or
association. Contrast with condominium, where an individual actually owns the
airspace of his unit, but the buildings and common areas are owned jointly with
the others in the development or association.
point
A point is 1 percent of
the amount of the mortgage.
power of attorney
A legal document that authorizes another person to act on one’s
behalf. A power of attorney can grant complete authority or can be limited to
certain acts and/or certain periods of time.
pre-approval
A loosely used term
which is generally taken to mean that a borrower has completed a loan
application and provided debt, income, and savings documentation which an
underwriter has reviewed and approved. A pre-approval is usually done at a
certain loan amount and making assumptions about what the interest rate will
actually be at the time the loan is actually made, as well as estimates for the
amount that will be paid for property taxes, insurance and others. A
pre-approval applies only to the borrower. Once a property is chosen, it must
also meet the underwriting guidelines of the lender. Contrast
with pre-qualification
prepayment
Any amount paid to
reduce the principal balance of a loan before the due date. Payment in full on a
mortgage that may result from a sale of the property, the owner's decision to
pay off the loan in full, or a foreclosure. In each case, prepayment means
payment occurs before the loan has been fully amortized.
prepayment
penalty
A fee that may be
charged to a borrower who pays off a loan before it is due.
pre-qualification
This usually refers to the loan officer’s written opinion of the
ability of a borrower to qualify for a home loan, after the loan officer has
made inquiries about debt, income, and savings. The information provided to the
loan officer may have been presented verbally or in the form of documentation,
and the loan officer may or may not have reviewed a credit report on the
borrower.
prime rate
The interest rate that banks charge to their preferred customers.
Changes in the prime rate are widely publicized in the news media and are used
as the indexes in some adjustable rate mortgages, especially home equity lines
of credit. Changes in the prime rate do not directly affect other types of
mortgages, but the same factors that influence the prime rate also affect the
interest rates of mortgage loans.
principal
The amount borrowed or
remaining unpaid. The part of the monthly payment that reduces the remaining
balance of a mortgage.
principal
balance
The outstanding balance
of principal on a mortgage. The principal balance does not include interest or
any other charges. See remaining balance.
principal, interest,
taxes, and insurance (PITI)
The four components of
a monthly mortgage payment on impounded loans. Principal refers to the part of
the monthly payment that reduces the remaining balance of the mortgage. Interest
is the fee charged for borrowing money. Taxes and insurance refer to the amounts
that are paid into an escrow account each month for property taxes and mortgage
and hazard insurance.
private mortgage insurance (MI)
Mortgage insurance that
is provided by a private mortgage insurance company to protect lenders against
loss if a borrower defaults. Most lenders generally require MI for a loan with a
loan-to-value (LTV) percentage in excess of 80 percent.
promissory
note
A written promise to
repay a specified amount over a specified period of time.
public
auction
A meeting in an announced public location to sell property to repay
a mortgage that is in default.
Planned Unit Development (PUD)
A project or subdivision that includes common property that is
owned and maintained by a homeowners' association for the benefit and use of the
individual PUD unit owners.
purchase agreement
A written contract signed by the buyer and seller stating the terms
and conditions under which a property will be sold.
purchase money transaction
The acquisition of
property through the payment of money or its equivalent.
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qualifying ratios
Calculations that are used in determining whether a borrower can qualify for
a mortgage. There are two ratios. The "top" or "front" ratio is a calculation of
the borrower’s monthly housing costs (principle, taxes, insurance, mortgage
insurance, homeowner’s association fees) as a percentage of monthly income. The
"back" or "bottom" ratio includes housing costs as will as all other monthly
debt.
quitclaim
deed
A deed that transfers without warranty whatever
interest or title a grantor may have at the time the conveyance is made.
rate lock
A commitment issued by a lender to a borrower or
other mortgage originator guaranteeing a specified interest rate for a specified
period of time at a specific cost.
real
estate agent
A person licensed to negotiate and transact the
sale of real estate.
Real Estate Settlement Procedures Act (RESPA)
A consumer protection law that requires lenders
to give borrowers advance notice of closing costs.
real
property
Land and appurtenances, including anything of a
permanent nature such as structures, trees, minerals, and the interest,
benefits, and inherent rights thereof.
Realtor®
A real estate agent, broker or an associate who
holds active membership in a local real estate board that is affiliated with the
National Association of Realtors.
recorder
The public official who keeps records of
transactions that affect real property in the area. Sometimes known as a
"Registrar of Deeds" or "County Clerk."
recording
The noting in the registrar’s office of the
details of a properly executed legal document, such as a deed, a mortgage note,
a satisfaction of mortgage, or an extension of mortgage, thereby making it a
part of the public record.
refinance transaction
The process of paying off one loan with the
proceeds from a new loan using the same property as security.
remaining balance
The amount of principal that has not yet been
repaid. See principal balance.
remaining
term
The original amortization term minus the number
of payments that have been applied.
rent
loss insurance
Insurance that protects a landlord against loss
of rent or rental value due to fire or other casualty that renders the leased
premises unavailable for use and as a result of which the tenant is excused from
paying rent.
repayment
plan
An arrangement made to repay delinquent
installments or advances.
replacement reserve fund
A fund set aside for replacement of common property in a condominium, PUD,
or cooperative project particularly that which has a short life expectancy,
such as carpeting, furniture, etc.
revolving
debt
A credit arrangement, such as a credit card,
that allows a customer to borrow against a pre-approved line of credit when
purchasing goods and services. The borrower is billed for the amount that is
actually borrowed plus any interest due.
right of first refusal
A provision in an agreement that requires the
owner of a property to give another party the first opportunity to purchase or
lease the property before he or she offers it for sale or lease to others.
right of ingress or egress
The right to enter or leave designated
premises.
right of survivorship
In joint tenancy, the right of survivors to
acquire the interest of a deceased joint tenant.
sale-leaseback
A technique in which a seller deeds property to
a buyer for a consideration, and the buyer simultaneously leases the property
back to the seller.
second
mortgage
A mortgage that has a lien position subordinate
to the first mortgage.
secondary market
The buying and selling of existing mortgages,
usually as part of a "pool" of mortgages.
secured
loan
A loan that is backed by collateral.
security
The property that will be pledged as collateral
for a loan.
seller
carry-back
An agreement in which the owner of a property
provides financing, often in combination with an assumable mortgage.
servicer
An organization that collects principal and
interest payments from borrowers and manages borrowers’ escrow accounts. The
servicer often services mortgages that have been purchased by an investor in the
secondary mortgage market.
servicing
The collection of mortgage payments from
borrowers and related responsibilities of a loan servicer.
settlement statement
See HUD1 Settlement Statement
subdivision
A housing development that is created by
dividing a tract of land into individual lots for sale or lease.
subordinate financing
Any mortgage or other lien that has a priority
that is lower than that of the first mortgage.
survey
A drawing or map showing the precise legal
boundaries of a property, the location of improvements, easements, rights of
way, encroachments, and other physical features.
sweat
equity
Contribution to the construction or
rehabilitation of a property in the form of labor or services rather than cash.
tenancy in common
As opposed to joint tenancy, when there are two
or more individuals on title to a piece of property, this type of ownership does
not pass ownership to the others in the event of death.
third-party origination
A process by which a lender uses another party
to completely or partially originate, process, underwrite, close, fund, or
package the mortgages it plans to deliver to the secondary mortgage market.
title
A legal document evidencing a person's right to
or ownership of a property.
title
company
A company that specializes in examining and
insuring titles to real estate.
title
insurance
Insurance that protects the lender (lender's
policy) or the buyer (owner's policy) against loss arising from disputes over
ownership of a property.
title
search
A check of the title records to ensure that the
seller is the legal owner of the property and that there are no liens or other
claims outstanding.
transfer of ownership
Any means by which the ownership of a property
changes hands. Lenders consider all of the following situations to be a transfer
of ownership: the purchase of a property "subject to" the mortgage, the
assumption of the mortgage debt by the property purchaser, and any exchange of
possession of the property under a land sales contract or any other land trust
device.
transfer
tax
State or local tax payable when title passes from one owner to another.
Treasury
index
An index that is
used to determine interest rate changes for certain adjustable-rate mortgage
(ARM) plans. It is based on the results of auctions that the U.S. Treasury holds
for its Treasury bills and securities or is derived from the U.S. Treasury's
daily yield curve, which is based on the closing market bid yields on actively
traded Treasury securities in the over-the-counter market.
Truth-in-Lending
A federal law that requires lenders to fully
disclose, in writing, the terms and conditions of a mortgage, including the
annual percentage rate (APR) and other charges.
two-step mortgage
An adjustable-rate mortgage (ARM) that has one
interest rate for the first five or seven years of its mortgage term and a
different interest rate for the remainder of the amortization term.
two- to four-family property
A property that consists of a structure that
provides living space (dwelling units) for two to four families, although
ownership of the structure is evidenced by a single deed.
trustee
A fiduciary who holds or controls property for
the benefit of another.
VA mortgage
A mortgage that is guaranteed by the Department
of Veterans Affairs (VA).
vested
Having the right to use a portion of a fund such
as an individual retirement fund. For example, individuals who are 100 percent
vested can withdraw all of the funds that are set aside for them in a retirement
fund. However, taxes may be due on any funds that are actually withdrawn.
Veterans Administration (VA)
An agency of the federal government that
guarantees residential mortgages made to eligible veterans of the military
services. The guarantee protects the lender against loss and thus encourages
lenders to make mortgages to veterans.
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