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MORTGAGE
DICTIONARY
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acceleration clause
A clause stated in the loan documents
which allows the lender to demand payment
of the entire principal balance if a monthly
payment is missed or title of the property
has been transferred without the lender's
knowledge.
additional
principal payment
Extra payment made by a borrower of
more than the scheduled payment due
in order to reduce the remaining balance
of the principal.
adjustable-rate
mortgage (ARM)
A loan program with a rate which adjusts
periodically on the basis of changes
in a scheduled payment plan or specified
index.
adjustment
date
The scheduled date in which
the interest rate change takes place.
adjustment
period
The period between the scheduled
adjustments.
affidavit
A sworn written statement made
before an authorized officer.
amenity
Special and attractive features
which improve the value and the desirability
of a real property. For example, tennis
courts and swimming pools will be considered
amenities in a condominium project.
amortization
Repayment of mortgage debt with equal
periodic payments of both principal
and interest, calculated to retire the
obligation at the end of a fixed period
of time.
amortization
schedule
A break down of payment of a mortgage
loan indicating the principal and interest
portions during the term of the loan.
annual
percentage rate
(APR)
The charges imposed on the borrower
to obtain a loan presented as a yearly
rate.
application
The form which is completed by a borrower
in connection with a mortgage loan.
appraisal
An analysis, opinion and estimate of
the value of the property prepared in
writing by an appraiser.
appraised
value
Final value of the property after
completion of the appraisal report.
appraiser
The person who does the analysis
in estimating the value of a property.
appreciation
Increase in value.
assessed
value
Property value determined by a tax
assessor for the purpose of annual tax
amount.
assessor
The person who determines the value
of a property for government.
asset
Items with value.
assignment
The process in which the mortgage
changes hands from one person to another.
assumable
mortgage
A mortgage that can be taken over
by another party.
assumption
The formal transfer of
a mortgage between seller and buyer.
assumption
clause
A clause found in the loan
documents which details the requirements
for assumption of a mortgage.
assumption
fee
The cost established by the lender for
assumption of a mortgage.
attorney-in-fact
The person who has been selected by
another party to hold a power of attorney.
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balloon
mortgage
A mortgage whose remaining balance after
a specified term is due and payable in
a lump sum payment.
balloon
payment
The final payment of the remaining balance
of a balloon mortgage.
before-tax
income
Gross earnings before taxes are deducted.
beneficiary
The entity or person who is designated
to receive income from a mortgage.
bill of
sale
The document which transfers title to
personal property. Equivalent to a deed
in real property transfers.
bi-weekly
payment mortgage
A mortgage with payments due every two
weeks, for a total of 26 payments a
year which results in a reduction of
the term of the mortgage.
blanket
mortgage
A mortgage which covers an entire project,
rather than an individual unit.
bona fide
In good faith.
bond
An obligation written under seal.
bridge
loan
A short term loan to facilitate a borrower
until the completion of a future transaction.
broker
A person who negotiates on behalf of
one or more parties and brings them
together.
building
code
Local regulations that establish and
monitor the design, construction, and
materials used in construction in order
to maintain safety and health standards.
buydown
account
An account established to hold funds
so that they can be applied as part
of the monthly mortgage payment as each
payment comes due during the period
that an interest rate buydown plan is
in effect.
buydown
mortgage
A mortgage which starts with a lower
rate and payment for the first few years.
A lump sum up front payment is made
either by lender or borrower in order
to obtain the low rate and payment in
early years.
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callable
mortgage
A mortgage which may require the borrower
to pay the entire loan balance at the
request of the lender.
cap
A maximum percentage which a rate cannot
exceed.
capital
expenditure
Cost of improving a property for the
purpose of increasing its useful life
and value.
capital
improvement
Permanent improvement to a property
to increase the useful life and the
value.
cash-out
refinance
A refinance transaction in which a borrower
receives more than the existing balance
of the present mortgage.
certificate
of deposit
A document issued by a bank evidencing
a deposit for a specified term and interest
rate.
Certificate
of Eligibility
A document issued by the federal government
evidencing the borrower's eligibility
for a Department of Veterans Affairs
(VA) mortgage.
chain
of title
The document which reveals the history
of all ownership transfers in a property.
clear
title
A title free of any liens.
closing
A meeting in which the final documents
are signed, the funds are provided and
transfer of title takes place.
closing
costs
Expenses associated with transfer of
title or refinance of a property.
closing
statement
See HUD-1
statement.
cloud
on title
A condition which impacts the title
to real estate.
collateral
An asset used in a transaction to insure
repayment of a loan.
co-maker
A co-signer on a note along with the
original borrower who guarantees repayment.
commission
The compensation paid to a broker, typically,
a percentage for services provided.
commitment
letter
A letter provided by the lender agreeing
to provide financing to a borrower under
certain terms and conditions.
common
area assessments
Additional dues required by the homeowners
association for additional improvements
or repairs in a project.
common
areas
The areas and portions of a property
which are shared by all homeowners in
a project. Parking areas and swimming
pools are considered common areas.
community
property
A form of ownership which states that
any property acquired during a marriage
to be owned jointly, unless acquired
as separate property of either spouse.
comparables
Properties considered in a market analysis
for evaluation of a property in an appraisal
report.
condominium
A real estate project with multiple
units owned separately by each individual.
Unit owners have an undivided interest
in common areas.
construction
loan
A short term loan to fund the construction
of a building.
contingency
A condition that must be satisfied in
a contract. A real estate purchase contract
may contain many contingencies such
as various inspections.
contract
of sale
An written agreement which contains
certain items such as purchase price,
terms and condition of sale.
conventional
mortgage
A mortgage which is not insured or guaranteed
by the federal government.
conversion
clause
A provision in some adjustable-rate
mortgages (ARMs) that allows the borrower
to convert the existing adjustable rate
to a fixed rate.
convertible
ARM
An adjustable-rate mortgage with an
option to convert to a fixed- rate under
certain terms and conditions.
cooperative
(co-op)
A type of ownership in a project in
which a corporation holds title and
each individual unit owner owns various
number of shares in the corporation
which owns the property.
cost
of funds index (COFI)
A common index used in adjustable rate
loans which represents the weighted-average
cost of savings, borrowings, and advances
of the 11th District members of the
Federal Home Loan Bank of San Francisco.
covenant,
conditions & restrictions (CC&Rs)
A document which defines the use and
the restrictions of a property.
credit
approval
The process in which the lender issues
a loan commitment based on the borrower's
income, assets and credit qualification
only without considering any information
on the subject property.
creditor
A person to whom money is owed.
credit
report
A report of an individual's credit history
used to help creditworthiness.
credit
repository
A company which specializes in gathering
many types of records of an individual.
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debt
An amount owed to another person or organization.
deed
A legal document transferring title
of a property.
deed
of trust
The document and agreement used in some
states instead of a mortgage to pledge
the property as security for a loan.
The title is conveyed to a trustee.
default
Failure to meet obligations in a contract
including failure to make mortgage payments
on a timely basis or to comply with
other requirements of a mortgage.
delinquency
Failure to make mortgage payments on
time.
deposit
A sum of money paid to the seller when
a purchase contract is signed to bind
the sale of real estate.
depreciation
Decrease in value.
discount
points
Pre-paid interest to lower an interest
rate.
dower
The rights of a widow in the property
of her husband at his death.
down
payment
The portion of the purchase price of
the property which is paid from the
borrower's funds not financed with a
mortgage.
due-on-sale
provision
A clause in a mortgage that allows the
lender to demand repayment in full in
the event of default.
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earnest
money deposit
A deposit made by the home buyer as evidence
of good faith to show that he or she is
serious about buying the house.
easement
A right of way giving persons other
than the owner access to or over a property.
eminent
domain
The right of a government to take private
property for public use upon payment
of its fair market value.
encroachment
An improvement that intrudes illegally
on another’s property.
encumbrance
Legal right or interest in a property
which may affect or limit the fee simple
title to a property, such as mortgages,
leases, easements, or restrictions.
Equal
Credit Opportunity Act (ECOA)
A federal law that requires lenders
and other creditors to make credit equally
available without discrimination based
on race, color, religion, national origin,
age, sex, marital status, or receipt
of income from public assistance programs.
equity
The percentage of the property value
which is held by the owner. The difference
between the value and the mortgage balance.
escrow
A neutral third party selected by the
parties involved in a transaction to
represent the buyer and the seller during
the transfer of the property or in the
course of a refinance transaction.
escrow
account
The account in which a mortgage servicer
holds the borrower’s escrow payments
for taxes, insurance and mortgage insurance.
estate
The ownership interest of an individual
in real property. The sum total of all
the real property and personal property
owned by an individual at time of death.
eviction
The lawful process of removing an occupant
from real property.
executor
The person who is named in a will to
administer an estate. The court will
appoint an administrator if no executor
is named. "executrix" is the
feminine form.
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Fair
Credit Reporting Act
A consumer protection law that regulates
the disclosure of consumer credit reports
by consumer/credit reporting agencies
and establishes procedures for correcting
mistakes on one's credit record.
fair
market value
The price at which property is transferred
between a buyer and seller who have
reasonable knowledge of all facts.
Fannie
Mae
A financial service company which buys
residential loans from financial institutions
in the secondary market.
Federal
Housing Administration (FHA)
An agency of the U.S. Department of
Housing and Urban Development (HUD).
Its main activity is the insuring of
residential mortgage loans made by private
lenders. The FHA sets standards for
construction and underwriting but does
not lend money or plan or construct
housing.
fee simple
The greatest possible interest a person
can have in real estate.
FHA mortgage
A mortgage made through an approved
lender that is insured by the Federal
Housing Administration (FHA). Also known
as a government mortgage.
first
mortgage
A mortgage that is the primary lien
against a property.
fixed-rate
mortgage (FRM)
A mortgage in which the interest rate
and the payments remain the same for
the term of the loan.
fixture
Personal property that becomes real
property upon being attached in a permanent
manner to real estate.
flood
insurance
Insurance that compensates for physical
property damage resulting from flooding.
It is required for properties located
in federally designated flood areas.
foreclosure
The legal procedure in which a mortgaged
property is sold to pay the outstanding
debt.
funding
Payment of money by lenders for a mortgage
loan settlement.
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government mortgage
A mortgage that is insured by the Federal
Housing Administration (FHA) or guaranteed
by the Department of Veterans Affairs
(VA) or the Rural Housing Service (RHS).
Contrast with conventional
mortgage. Government
National Mortgage Association
A federal government corporation which
is part of the Department of Housing
and Urban Development. It guarantees
securities backed by mortgages that
are insured or guaranteed by other government
agencies.
grantee
The person to whom an interest in real
property is conveyed.
grantor
The person conveying an interest in
real property.
guaranteed
loan
A loan guaranteed by a government agency.
Also known as a government mortgage.
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hazard
insurance
Insurance coverage that compensates for
physical damage to a property from fire,
wind, vandalism, or other hazards.
home
equity line
Mortgage financing that consists of
a revolving line of credit secured by
the value of the home for purpose of
any use by the borrower.
home
inspection
An inspection of the entire property
that evaluates the structural and mechanical
condition of a property. A home inspection
is often conducted by a licensed contractor
or an engineer and is included as a
contingency by the purchaser. Contrast
with appraisal.
homeowners'
association
A nonprofit corporation or 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
areas. In a PUD project, it holds title
to the common areas.
homeowner's
insurance
An insurance policy that combines personal
liability insurance and hazard insurance
coverage for a dwelling and its contents.
homeowner's
warranty (HOW)
An insurance program that covers repairs
to specified parts of a house for a
specific period of time. It is provided
by the builder or property seller as
a condition of the sale.
housing
expense ratio
The housing expenses divided by gross
income.
HUD-1
statement
A document that provides an itemized
listing of the funds that are payable
at closing. Items that appear on the
statement include real estate commissions,
loan fees, points, and initial escrow
amounts. Each item on the statement
is represented by a separate number
within a standardized numbering system.
The totals at the bottom of the HUD-1
statement define the seller's net proceeds
and the buyer's net payment at closing.
The blank form for the statement is
published by the Department of Housing
and Urban Development (HUD). The HUD-1
statement is also known as the "closing
statement" or "settlement
sheet."
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income
property
Real estate which produces income.
index
A benchmark number used to compute the
interest rate for an adjustable-rate
mortgage (ARM). The index is generally
a published number or percentage, such
as the average interest rate or yield
on Treasury bills.
in-file
credit report
An objective account, normally computer-generated,
of credit and legal information obtained
from a credit repository.
inflation
A general price increase in goods and
services. Over time, inflation reduces
the purchasing power of a dollar, making
it worth less.
initial
interest rate
The start rate of an adjustable mortgage
at the time of closing. This rate changes
for an adjustable-rate mortgage (ARM).
installment
The regular periodic payment that a
borrower agrees to make to a lender.
insurable
title
A property title that a title insurance
company agrees to insure against defects
and disputes.
insurance
A contract which guarantees compensation
for specific losses in exchange for
a lump sum or periodic payment.
insurance
binder
A document that states that insurance
is temporarily in effect. Because the
coverage will expire by a specified
date, a permanent policy must be obtained
before the expiration date.
insured
loan
A loan insured by a government agency
or a private mortgage insurance company.
interest
Consideration in the form of money paid
for the use of money typically expressed
in an annual percentage.
interest
rate
The rate of interest in effect for the
monthly payment due.
interest
rate buydown plan
An arrangement wherein the property
seller (or any other party) deposits
money to an account so that it can be
released each month to reduce the borrower's
monthly payments during the early years
of a mortgage. During the specified
period, the borrower's effective interest
rate is "bought down" below
the actual interest rate.
interest
rate ceiling
For an adjustable-rate mortgage (ARM),
the maximum interest rate, as specified
in the mortgage note.
interest
rate floor
For an adjustable-rate mortgage (ARM),
the minimum interest rate, as specified
in the mortgage note.
investor
Any person or institution that invests
in mortgages or mortgage-backed securities.
IRA (Individual
Retirement Account)
A retirement account that allows individuals
to make tax-deferred contributions to
a personal retirement fund. Individuals
can place IRA funds in bank accounts
or in other forms of investment such
as stocks, bonds, or mutual funds.
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joint
tenancy
A form of co-ownership giving each tenant
equal interest and equal rights in the
property, including the right of survivorship.
judgment
A final decision by a court of the rights
and claims of the parties to an action.
judgment
lien
A lien upon the property of a debtor
resulting from the decree of a court.
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.
jumbo loan
A loan that exceeds the statutory size
limit eligible for purchase or securitization
by federal agencies. Also called a nonconforming
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kickback
A payment to a third party in
return for the referral of a customer,
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late
charge
An additional charge that a borrower must
pay when a payment is made a stated number
of days (usually 15) after the due date.
lease
A written agreement between the property
owner and a tenant that stipulates the
conditions under which the tenant may
possess the real estate for a specified
period of time and rent.
lease-purchase
A method of acquiring title to a property
through gradual payments under which
a lease is substituted for a mortgage
obligation. Also known as a lease with
option to buy.
legal
description
A property description, recognized by
law, that is sufficient to locate and
identify the property without oral testimony.
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 covering the risk related
to the property and personal liability
claims of other parties against the
insured party.
lien
A legal hold or claim against a property
by a creditor that must be paid off
when the property is sold.
lifetime
payment cap
For an adjustable-rate mortgage (ARM),
a maximum limit on the amount that payments
can increase over the life of the mortgage.
See cap.
lifetime
rate cap
For an adjustable-rate mortgage (ARM),
a maximum limit on the amount that the
interest rate can increase over the
life of the loan. See cap.
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
Borrowed money (principal) that is generally
repaid with interest.
loan
commitment
A formal agreement by a lender to provide
funds to a borrower.
See commitment
letter.
loan
origination
The process by which a mortgage lender
brings into existence a mortgage secured
by real property.
loan-to-value
(LTV) percentage
The ratio of mortgage amount to appraised
value or sales price of real property.
For example, a $100,000 home with an
$80,000 mortgage has an LTV percentage
of 80 percent.
lock-in
A written agreement in which the lender
guarantees a borrower a specific interest
rate and points on a mortgage for a
specific time.
lock-in
period
The period of time during which the
lender guarantees a borrower an interest
and points on a mortgage..
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margin
For an adjustable-rate mortgage (ARM),
the percentage which is added to the index
to establish the actual interest rate.
o
maturity
The date on which an agreement expires.
maximum
financing
A maximum dollar amount allowed to be
borrowed for a specific property, loan
program or borrower.
merged
credit report
A credit report which contains information
from several credit repositories.
money
market fund
A mutual fund that allows individuals
to participate in managed investments
in short-term debt securities, such
as certificates of deposit and Treasury
bills.
monthly
payment mortgage
A mortgage that requires payments to
reduce the debt once a month.
mortgage
A legal document that pledges a property
to the lender as security for payment
of a debt.
mortgage
banker
A company that originates mortgages,
sells and/or services loans secured
by mortgages on real property.
mortgage
broker
An individual or company that brings
borrowers and lenders together for the
purpose of loan origination. A mortgage
brokers typically does not retain servicing.
mortgagee
The lender in a mortgage agreement.
mortgage
insurance
Insurance which protects the lender
against loss caused by a mortgagor's
default on a government mortgage or
conventional mortgage. Mortgage insurance
can be issued by a private company or
by a government agency such as the Federal
Housing Administration (FHA). Depending
on the type of mortgage insurance, the
insurance may cover a percentage of
or virtually all of the mortgage loan.
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 insurance
Term life insurance paid by borrower.
The coverage decreases as the principal
balance declines. In the event that
the borrower dies while the policy is
in force, the debt is automatically
satisfied by insurance proceeds.
mortgagor
The borrower in a mortgage agreement
who pledges property as a security for
a debt.
multidwelling
units
Properties that provide separate housing
units for more than one family, although
they secure only a single mortgage.
multifamily
mortgage
A mortgage on a dwelling that is designed
to house more than four families, such
as a high-rise apartment complex.
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negative amortization
A gradual increase in mortgage debt that
occurs when the monthly payment is not
large enough to cover the entire principal
and interest payment. The amount of the
shortfall is then added to the remaining
balance.
net cash
flow
The income that remains for an investment
property after the monthly operating
income is reduced by the monthly housing
expense, which includes principal, interest,
taxes, and insurance (PITI) for the
mortgage, homeowners' association dues,
leasehold payments, and subordinate
financing payments.
net income
The amount remaining after operating
expenses are deducted from gross income.
Net income is used to qualify the self
employed borrowers.
no
cash-out refinance
A refinance transaction in which the
new mortgage amount is only covering
the remaining balance of the existing
mortgage and sometimes closing costs.
No additional funds are paid to the
borrower.
nonliquid
asset
An asset that cannot easily be converted
into cash.
note
A general term for any kind of paper
which obligates a borrower to repay
a mortgage loan at a stated interest
rate during a specified period of time.
note rate
The interest rate stated on a mortgage
note.
notice
of default
A notice recorded after a default under
a deed of trust or mortgage.
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offer
The price asked by a seller of
a property.
original
principal balance
The total amount of principal owed on
a mortgage before any payments are made.
origination
fee
A fee charged by the lender to prepare
documents, make credit checks, underwriting
and sometimes for appraisal of the property.
Usually stated as a percentage of the
loan amount.
owner
financing
A transaction in which the property
owner acts as seller and the lender
and provides all or part of the financing.
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package
loan
A loan offered by a lender for
construction of a project along with permanent
financing after the completion.
partial
payment
A payment less than the scheduled monthly
payment on a mortgage loan.
payment
change date
The date when a new monthly payment
amount takes effect on an adjustable-rate
mortgage (ARM) or a graduated-payment
adjustable-rate mortgage (GPARM). Generally,
the payment change date occurs in the
month immediately after the adjustment
date.
payment
shock
A scenario in which monthly
mortgage payments may be so high compared
to the present housing expenses of the
borrower which may result in financial
hardship for a borrower.
periodic
payment cap
For an adjustable-rate mortgage (ARM),
a maximum limit on the amount that payments
can increase during any one adjustment
period.
periodic
rate cap
For an adjustable-rate mortgage (ARM),
a maximum limit on the amount that the
interest rate can increase during any
one adjustment period, regardless of
how high or low the index might be.
See cap.
personal
property
Any property that is not real property.
PITI
Principal, Interest, Taxes, and Insurance.
PITI
reserves
A cash amount that a borrower must have
available after making a down payment
and paying all closing costs after the
purchase of a home or refinance transaction..
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
See PUD.
point
An amount equal to one percent of the
principal amount of a mortgage.
power
of attorney
A legal document authorizing one person
to act on behalf of another.
pre-foreclosure
sale
A procedure in which the investor allows
a mortgagor to avoid foreclosure by
selling the property for less than the
amount that is owed to the investor.
prepayment
A payment of all or part of a mortgage
debt before the due date.
prepayment
penalty
A fee charged to a borrower who pays
off a loan before it is due.
pre-qualification
The process of determining how much
money a prospective home buyer will
be eligible to borrow before he or she
applies for a loan.
prime rate
The interest rate commercial banks charge
their most creditworthy customers, such
as large corporations. Changes in the
prime rate influence changes in other
rates, including mortgage interest rates.
principal
The original amount borrowed or remaining
unpaid balance excluding interest.
principal
balance
The balance of principal on a mortgage.
The principal balance does not include
interest or any other charges. See
remaining balance.
private
mortgage insurance (MI)
Mortgage insurance that is provided
by a private mortgage insurance company
to protect mortgage lenders against
financial 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.
processing
Verification and packaging of all documents
submitted by the borrower and all the
parties involved in a mortgage transaction
for the purpose of review and final
loan decision.
promissory
note
A written promise to repay a specified
amount over a specified period of time.
public
auction
A meeting open to public 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 signed written agreement between 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 by a lender
in determining whether a borrower can
qualify for a mortgage. They consist of
two separate calculations: a housing expense
as a percent of income ratio and total
debt obligations as a percent of income
ratio.
quiet
title action
Legal action taken to remove
any interest or claim to a property
by others.
quitclaim
deed
A deed that relinquishing without warranty
all interest, title or claim an owner
has in a property.
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rally
A rise in price following a sudden decline.
raw land
Land in its natural state without any
physical improvements.
real
estate agent
A person licensed to negotiate and transact
the sale of real estate on behalf of
the property owner.
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 licensed real estate broker or an
associate who holds active membership
in a local real estate board that is
affiliated with the National Association
of Realtors.
rescission
The cancellation or annulment of a transaction
or contract by the operation of a law
or by mutual consent. Borrowers usually
have the option to cancel a refinance
transaction within three business days
after signing of loan documents.
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.
rehabilitation
Restoration of a property or neighborhood
to bring it back to its full potential
use.
reinstatement
The process of bringing the balance
of a loan to current status.
remaining
term
The original amortization term minus
the number of payments that have been
applied.
rent roll
A detailed list of tenants leasing the
property along with information concerning
the amount of rent, area leased.
rent
with option to buy
See lease-purchase
mortgage loan.
repayment
plan
An agreement made by borrower and the
lender to repay delinquent installments
or advances. Lenders' formal repayment
plans are called "relief provisions."
revolving
liability
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 makes payments for the
amount that is actually borrowed plus
any interest due.
right
of first refusal
A provision in an agreement in which
the owner of a property agrees 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.
rollover
The renewal or change of program of
a loan at the maturity of a specified
time.
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sale-leaseback
A sales arrangement in which a seller
sells the 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
mortgage market
The market in which the investors are
buying and selling of existing mortgages.
secured
loan
A loan that is backed by collateral.
security
The property that will be pledged as
collateral for a loan.
seller
take-back
An agreement in which the owner of a
property provides financing. owner
financing.
servicer
An organization which collects mortgage
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
See closing.
settlement
sheet
See HUD-1
statement.
specific
performance
A remedy in a court requiring the seller
to complete the sale of the property.
step-rate
mortgage
A mortgage that allows for the interest
rate to increase according to a specified
schedule (i.e. five years), resulting
in increased payments as well. At the
end of the specified period, the rate
and payments will remain constant for
the remaining term of the loan.
subdivision
A development which is created by dividing
a tract of land into individual lots
for sale or lease.
subordination
the process in which one lender or party
acknowledges that a debt is inferior
to the interest or debt of another in
the same property.
subrogation
The substitution of one person for another
in reference to a debt, right or claim.
survey
A measurement of land or map showing
the precise legal boundaries of a property,
the location of improvements, easements,
rights of way, encroachments, and other
physical features.
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takeout
loan
A first mortgage which is made
upon the completion of a real estate project.
Takeout loan pays off the construction
loan.
tenancy
by the entirety
A form of ownership of property that
provides right of survivorship and is
available only to a husband and wife.
Contrast with tenancy in common.
tenancy
in common
A from of undivided ownership interest
by two or more persons without right
of survivorship. Contrast with tenancy
by the entirety and with joint tenancy.
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
An examination of public records to
ensure that the owner of record is the
legal owner of the property and that
there are no liens or other claims outstanding.
trade
fixtures
Articles of personal property installed
and attached to real property for the
purpose of conducting business.
transfer
tax
Local and state taxes 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. See
adjustable-rate
mortgage (ARM).
trustee
One who holds legal title and controls
property for the benefit of another.
Truth-in-Lending
law
A federal law part of Consumer Credit
Protection Act which 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
specified 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.
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underwriting
The process of evaluating a loan application
to determine the risk involved for the
lender. Underwriting involves an analysis
of the borrower's creditworthiness and
the quality of the property itself.
unsecured
loan
A loan that is not backed by collateral.
usury
The act of charging borrowers
a rate higher than permitted by law.
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VA
mortgage
A mortgage that is guaranteed by the Department
of Veterans Affairs (VA). Also known as
a government mortgage.
vested
interest
A legal right to the present or future
enjoyment of an asset.
Department
of Veterans Affairs (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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wraparound mortgage
A mortgage that includes the remaining
balance on an existing first mortgage
plus an additional amount requested by
the borrower. Full payments on both mortgages
are made to the wraparound lender, who
then forwards the payments on the first
mortgage to the first lender. |
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