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A
Acceleration -
The right of the mortgagee
(lender) to demand the immediate repayment of the mortgage loan
balance upon the default of the mortgagor (borrower), or by using
the right vested in the Due-on-Sale Clause.
Acceleration Clause -
A clause in contracts
of debt which makes the entire amount due upon the debtor's default.
Accrued Interest -
Interest earned but not yet paid.
Acknowledgment (with respect to an instrument) -
The statement of a competent officer, usually a notary public,
that the person who has executed an instrument has appeared before
him and sworn to the facts of its execution.
Adjustable Rate -
An interest rate that
changes periodically in relation to an index. Payments may increase
or decrease accordingly. See Adjustable Rate Mortgages.
Adjustable Rate Mortgage (ARM) -
Is a mortgage in which the interest rate is adjusted periodically
based on a pre-selected index. Also sometimes known as the re-negotiable
rate mortgage, or the variable rate mortgage.
Adjustment Interval -
On an adjustable
rate mortgage, the time between changes in the interest rate and/or
monthly payment, typically one, three or five years, depending
on the index.
Affordable Housing Programs -
These
are mortgages for low-to-moderate income borrowers that provide more liberal terms than
traditional home financing methods with regard to LTV and borrower qualifications.
Agent -
A person authorized by another,
i.e., the principal, to act for him.
Alternative Documentation -
A method
of documenting a loan file, often referred to as Alt Doc, that
relies on information that the borrower is likely to be able
to provide, rather than waiting on verification sent to third
party for confirmation of statements made in the mortgage loan
application.
Amortization -
A repayment method in
which the amount you borrow is repaid gradually though regular
monthly payments of principal and interest. During the first few
years, most of each payment is applied toward the interest owed.
During the final years of the loan, payment amounts are applied
almost exclusively to the remaining principal.
Amortize -
To repay a debt through a
series of periodic payments.
Annual Membership -
An amount that
may be charged annually for having a line of credit available.
Often charged regardless of whether or not you use the line. Also
referred to as a "participation fee."
Annual Percentage Rate (APR) -
The
cost of credit on a yearly basis, expressed as a percentage. Required
to be disclosed by the lender under the federal Truth in Lending
Act, Regulation Z. Includes up-front costs paid to obtain the
loan, and is, therefore, usually a higher amount than the interest
rate stipulated in the mortgage note. Does not include title insurance,
appraisal, and credit report.
Application -
An initial statement
of personal and financial information which is required to approve
your loan.
Application Fee -
Fees that are paid
upon application. An application fee may frequently include charges
for property appraisal and a credit report.
Appraisal Fee -
A fee charged by an appraiser
to render an opinion of market value as of a specific date. Required
by most lenders to obtain a loan.
Appraisal Report -
A written report by
an appraiser containing an opinion as to the value of a property and the reasoning leading to
that opinion.
Appreciation -
An increase in the value of property.
Assessment -
A local tax levied against
a property for a specific purpose, such as a sewer or street lights.
Assignment -
The transfer of property
rights by one person, known as the assignor, to another, known
as the assignee.
Assumability -
A feature of a loan which
permits you to transfer your mortgage and its specified terms
to the person(s) purchasing your home. Having an assumable loan
could make it easier to sell your home, since assumption of a
loan usually involves lower fees and/or qualifying standards for
the new borrower than a new loan.
Assumption -
The agreement between buyer
and seller where the buyer takes over the payments on an existing
mortgage from the seller. Assuming a loan can usually save the
buyer money since this is an existing mortgage debt, unlike a
new mortgage where closing cost and new, probably higher, market-rate
interest charges will apply.
Attorney-In-Fact -
A person who is authorized
by power of attorney to act for another.
Audited Financial Statement -
A report
on the financial position or operations of a company that has
been reviewed by an independent auditor.
Average Life -
See weighted average life.
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Balance Sheet -
The balance sheet shows
the financial condition of a company at a specific point in time.
The balance sheet is broken down into the major sections: Assets,
liabilities and net worth.
Balloon Payment -
Usually a short-term
fixed-rate loan which involves small payments for a certain period
of time and one large payment for the remaining amount of the
principal at a time specified in the contract.
Bankruptcy -
State of insolvency of
an individual or organization - in other words, an inability to
pay debts. There are two kinds of legal bankruptcy under U.S.
law: involuntary, when one or more creditors petition to have
a debtor judged insolvent by a court; and voluntary, when a debtor
brings the petition. In both cases, the objective is an orderly
and equitable settlement of obligations.
Bankruptcy Trustee -
The person appointed
by a bankruptcy court to oversee either the running of a business
in a reorganization proceeding or the sale of assets and distribution
of proceeds in a business liquidation.
Bearer -
The person in possession of
an instrument, document of title or security payable to bearer
or endorsed in blank.
Bequest -
A gift of personal property
by will.
Bill of Exchange -
A written order,
which may be negotiable or nonnegotiable, directing one party
to pay a certain sum of money to the drawer or to a third person.
Bill of Lading -
Receipt and contract
issued by a common carrier for the shipment of goods.
Bill of Sale -
A written instrument
by which one transfers his rights or interest in chattels and
goods to another.
Blank Endorsement -
Endorsement which
consists only of the signature of the endorser and does not state
in whose favor it is made.
Blanket Mortgage -
A mortgage covering
at least two pieces of real estate as security for the same mortgage.
Bona Fide -
In good faith.
Bona Fide Purchaser -
One who buys property
without knowledge or notice of any defects in the title of the
seller.
Bond -
An instrument representing the
right to certain payments on the underlying collateral.
Book Entry -
An electronic issuance
and transfer system for securities transactions, such as that
maintained by the Federal Reserve System.
Borrower (Mortgagor) -
One who applies
for and receives a loan in the form of a mortgage with the intention
of repaying the loan in full.
Broker -
An individual in the business
of assisting in arranging funding or negotiating contracts for
a client but who does not loan the money himself. Brokers usually
charge a fee or receive a commission for their services.
Buy-down -
When the lender and/or the
home builder subsidized the mortgage by lowering the interest
rate during the first few years of the loan. While the payments
are initially low, they will increase when the subsidy expires.
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C.O.D. -
Cash On Delivery. (Some people
use it as Check On Delivery).
C.M.B. -
Certified Mortgage Banker.
The highest accreditation awarded mortgage professionals by Mortgage
Bankers Association of America.
Cap -
The maximum allowable increase,
for either payment or interest rate, for a specified amount of
time on an adjustable rate mortgage.
Caps (interest) -
Consumer safeguards
which limit the amount the interest rate on an adjustable rate
mortgage may change per year and/or the life of the loan.
Caps (payment) -
Consumer safeguards
which limit the amount monthly payments on an adjustable rate
mortgage may change.
Cash Flow -
The amount of cash derived
over a certain period of time from an income-producing property.
The cash flow should be large enough to pay the expenses of the
income producing property (mortgage payment, maintenance, utilities,
etc.).
Cash Out -
Receiving money back when
refinancing your present mortgage.
Cashier's Check -
A check whose payment
is guaranteed because it is drawn on the bank's account rather
than the customer's account. The customer pays in advance or has
the funds withdrawn in advance from his or her account. Cashier's checks
are also called bank checks.
Ceiling -
The maximum allowable interest
rate over the life of the loan of an adjustable rate mortgage.
Certificate of Eligibility -
The document
given to qualified veterans which entitles them to VA guaranteed
loans for homes, business, and mobile homes. Certificates of eligibility
may be obtained by sending a DD-214 (Separation Paper) to the local
VA office with VA form 1880 (request for Certificate of Eligibility).
Certificate of Occupancy -
A document
from an official agency stating that the property meets the requirements
of local codes, ordinances, and regulations.
Certificate of Reasonable Value (CRV) -
An appraisal issued by the Veterans Administration showing the
property's current market value.
Certificate of Veteran Status -
The
document given to veterans or reservists who have served 90 days
of continuous active duty (including training time). It may be
obtained by sending a DD 214 to the local VA office with form 26-8261a
(request for certificate of veteran status. This document enables
veterans to obtain lower down payments on certain FHA insured
loans).
Certified Check -
A check drawn on
the issuer's account but for funds that have been segregated by
the bank, guaranteeing payment.
Chattel -
Any type of personal property
as distinguished from real property.
Closing -
The meeting between the buyer,
seller and lender or their agents where the property and funds
legally change hands. Also called settlement costs, closing costs usually
include an origination fee, discount points, appraisal fee, title
search and insurance, survey, taxes, deed recording fee, credit
report charge and other costs assessed at settlement. The cost
of closing usually is about three to six percent of the mortgage
amount.
Closing Costs -
Any fees paid by the
borrowers or sellers during the closing of the mortgage loan.
This normally includes an origination fee, discount points, attorney's
fees, title insurance, survey, and any items which must be prepaid,
such as taxes and insurance escrow payments.
Collateral -
Assets that back a mortgage
loan or security.
Collateral Security -
A separate obligation
which is given to secure the performance of the primary obligation
in a contract.
Collateralized Mortgage Obligation (CMO) -
A multiple-class MBS. The REMIC has replaced the CMO and, today,
all CMOs are issued in the form of REMICs; however, the terms
are often used interchangeably.
Commitment -
A promise by a lender to
make a loan on specific terms or conditions to a borrower or builder.
A promise by an investor to purchase mortgages from a lender with
specific terms or conditions. An agreement, often in writing,
between a lender and a borrower to loan money at a future date
subject to the completion of paperwork or compliance with stated
conditions.
Commitment Letter -
A formal offer by
a lender stating the terms under which it agrees to lend money
to a home buyer.
Community Property -
Property acquired
by husband and wife during a marriage when not acquired as separate
property by either spouse. Each spouse has equal rights, including
the rights of survivorship.
Conditional Sale -
An installment sale
in which the goods are delivered to the buyer, but title remains
with the seller until payment is made for the goods.
Conditions, Covenants, and Restrictions
(CC and R) -
The standards that define how a property may be
used and the protections the developer makes for the benefit of
all owners in a subdivision.
Condominium -
A form of property ownership
in which the homeowner holds title to an individual dwelling unit
plus an interest in common areas of a multi-unit project.
Conforming Loan -
Generally, a mortgage with a loan amount under the maximum
limits set by FNMA and FHLMC. Qualifying ratios and underwriting methods
are standardized to a large degree.
Consideration -
The required element
in all contracts by which a legal right or promise is exchanged
for the act or promise of another party. The inducement to a contract.
Constant Maturity Treasury (CMT) -
An
index published by the Federal Reserve Board, calculated from the
average yield of a range of Treasury securities, adjusted to constant
maturities of various time periods (for example, six months, one
year, ten years, etc.).
Constant Prepayment Rate -
The pre-payment
measure calculated by assuming that a constant portion of the
outstanding mortgage loans will pre-pay each month (also see PSA)
..
Construction loan -
A short term interim
loan to pay for the construction of buildings or homes. These
are usually designed to provide periodic disbursements to the
builder as he progresses.
Contingency -
A condition that must
be met before a contract is legally binding.
Contract of Sale -
The agreement between
the buyer and seller on the purchase price, terms, and conditions
necessary to both parties to convey the title to the buyer.
Conventional Loan -
A mortgage not insured
by FHA or guaranteed by the VA.
Conventional/fixed rate mortgage -
Payments
and interest rates are fixed for 15, 20, 25, or 30 year loans
with up to 95% financing, 5% down payment and quicker loan approval
than with FHA or VA. These are usually not assumable.
Conveyance -
The transfer of an interest
in realty: a deed. Sometimes includes leases and mortgages.
Cooperative -
A form of common property
ownership in which the residents of an apartment building do not own their
own units, but rather own shares in the corporation that owns
the property.
Cost of Funds Index (COFI) -
An index
of the weighted-average interest rate paid by savings institutions
for sources of funds, usually by members of the 11th Federal Home
Loan Bank District.
Coupon rate -
The stated annualized
percentage of interest paid on an investment.
Covenant -
A promise made by one person
to another.
Credit Limit -
The maximum amount that
you can borrow under a home equity plan.
Credit Report -
A report documenting
the credit history and current status of a borrower's credit standing.
Credit Risk -
The possibility that there
may be a default by the issuer or other party in its financial
obligations to the investor.
Creditor's Committee -
The committee
appointed by a bankruptcy court to represent the classes of creditors
in a Chapter 11 reorganization. The committee primarily is responsible
for reviewing the reorganization plan and recommending adoption
or rejection.
Current Face Value -
The current amount
of principal outstanding on a security, which is calculated by
multiplying the original face value by the most recent factor.
Current Pay Class -
A term used for
any REMIC class that is currently paying principal and/or interest.
Current Ratio -
Current Assets/Current
Debt.
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Debt Service -
The total amount of credit
card, auto, mortgage or other debt upon which you must pay.
Debt-to-Income Ratio -
The ratio, expressed
as a percentage, which results when a borrower's monthly payment
obligation on long-term debts is divided by his or her gross monthly
income. See housing expenses-to-income ratio.
Debt to Net Worth Ratio -
Total Debt / Net Worth.
Debtor in Possession -
A debtor that
has filed for protection from creditors under Chapter 11 of the
Bankruptcy Code and that is still running the company during the
reorganization.
Deed -
The legal document conveying
title to a property.
Deed of Trust -
Used in many western
states, the agreement used to pledge your home or other real estate
as security for a loan. Similar to a mortgage.
Default -
Failure to meet legal obligations
in a contract, specifically, failure to make the monthly payments
on a mortgage.
Deferred Interest -
When a mortgage
is written with a monthly payment that is less than required to
satisfy the note rate, the unpaid interest is deferred by adding
it to the loan balance. See negative amortization.
Delinquency -
Failure to make payments
on time. this can lead to foreclosure.
Delivery -
With respect to instruments,
documents of title, chattel paper or certificate securities, means
the voluntary transfer of possession.
Deposit -
Cash paid to the seller when
a formal sales contract is signed.
Depreciation -
A decline in the value
of property; the opposite of appreciation.
Discharge -
The bankruptcy discharge
extinguishes the debtor's liability on a debt and acts as an injunction
against any further efforts to collect a discharged debt from
the debtor or the debtor's assets.
Dischargeable Debt -
Debt that can
be removed or forgiven in a Chapter 7 liquidation.
Discount Points (or Points) -
A one-time charge imposed by the lender to lower the rate at which
the lender would otherwise offer the loan to you. Each point is equal
to one percent (1%) of the mortgage amount. For example, if a lender
charges two points on a $80,000 loan this amounts to a charge of $1,600.
Distribution Date -
The date on which
payments from a security to an investor are made.
Dividend -
The portion of a company's
profit paid out to its shareholders.
Document Review -
A fee charged by the
lender for the review of documents necessary to fund the loan.
Down Payment -
The difference between
the purchase price and that portion of the purchase price being
financed. Most lenders require the down payment to be paid from
the buyer's own funds. Gifts from related parties are sometimes
acceptable, and must be disclosed to the lender.
Draft -
A bill of exchange.
Drawee -
The person on whom a bill of
exchange or a draft is drawn.
Drawer -
The person who draws a bill
or draft.
Due on Sale -
A clause in a mortgage
agreement providing that, if the mortgagor (the borrower) sells,
transfers, or, in some instances, encumbers the property, the
mortgagee (the lender) has the right to demand the outstanding
balance in full.
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Earnest money -
Good faith money provided
to seller by the potential buyer to show he is serious about purchasing
the home. This amount may be applied to the down payment, but
if the deal does not go through it may be forfeited, although
in some cases it's returned.
Easement -
The right-of-way granted
to a person or company authorizing access to the owner's land;
for example, a utility company may be granted an easement to install
pipes or wires. An owner may voluntarily grant an easement or
can be ordered to grant one by a local jurisdiction.
Effective Interest Rate -
The cost of
credit on a yearly basis expressed as a percentage. Includes up-front
costs paid to obtain the loan, and is, therefore, usually a higher
amount than the interest rate stipulated in the mortgage note.
Useful in comparing loan programs with different rates and points.
Effective Yield -
The annual return
on an investment that is calculated by dividing the coupon interest
rate by the amount invested expressed as a percent of par.
Encumbrance -
A claim against a property
by another party which usually affects the ability to transfer
ownership of the property.
Endorsement -
The signature of the person
transferring a negotiable instrument.
Entitlement -
The VA home loan benefit
is called entitlement. Entitlement for a VA guaranteed home loan.
This is also known as eligibility.
Equal Credit Opportunity Act (ECOA) -
A federal law that requires lenders and other creditors to
make credit equally available without discrimination based on
race, color, religion, national origin, age, sex, marital status
or receipt of income from public assistance programs.
Equity -
The difference between the
fair market value (appraised value) of your home and your outstanding
mortgage balance.
Equity loan -
A loan based on the borrower's
equity in his or her home.
Equity of Redemption -
The right of
a mortgagor to redeem his property after the mortgage is past
due.
Escrow -
A fee charged by the escrow
as a neutral third party to carry out the procedures necessary
to transfer ownership of property.
Escrow Waiver -
When a loan value is
80% or less, you may elect not to open an escrow account and pay
the hazard insurance and property taxes yourself. There is a one
time charge by the Investor of 1/4 of a percent to 3/8 of a percent
(0.0025 - 0.0375) of the loan amount.
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FDIC -
Federal Deposit Insurance Corporation
is the independent deposit insurance agency created by Congress
to maintain stability and public confidence in the nation's banking
system.
FHA -
The Federal Housing Administration is a government agency with great information on home finance programs,
loan limits and other interesting items.
FHA Loan -
More appropriately termed
"FHA Insured Loan." A loan for which the Federal Housing
Administration insures the lender against losses the lender may
incur due to your default.
FHLBB -
Federal Home Loan Bank Board is the former name for the regulatory and supervisory agency for
federally chartered savings institutions. Agency is now called
the Office of Thrift Supervision.
FHLMC -
Federal Home Loan Mortgage
Corporation, also called "Freddie Mac", is a quasi-governmental
agency that purchases conventional mortgages from insured depository
institutions and HUD-approved mortgage bankers.
FIFO Inventory -
The valuation of inventory
on a first-in, first-out basis, which assumes that the earlier,
cheaper inventory is sold first, and the later, more expensive
inventory is left in stock.
FmHA -
Farmers Home Administration provides
financing to farmers and other qualified borrowers who are unable
to obtain loans elsewhere.
FNMA -
The Federal National Mortgage Association is a major secondary market investor that purchases mortgage
loans from mortgage bankers and other financial institutions.
Also known as "Fannie Mae."
Face value -
The principal amount of a bond.
Factor -
The decimal value, calculated
monthly, that represents the proportion of the original principal
amount outstanding at a given time.
Fair Credit Reporting Act -
A consumer
protection law that sets up a procedure for correcting mistakes
on one's credit record.
Family Debt Arbitration and Counseling
Services, Inc. -
A very good consumer oriented web site. It is
a non-profit debt management agency helping people create a positive
financial home environment.
Federal Reserve -
The Federal Reserve
is the central bank of the United States and a major regulator
agency for many commercial banks.
Fee Simple -
Absolute ownership of real property.
Final Distribution Date or Maturity Date -
The latest possible date on which a REMIC class will receive
payment. The actual final payment of any class will likely occur
earlier, and could occur much earlier, than the final distribution
date or maturity. A projected final maturity is calculated based
on an assumed pre-payment rate to determine the final maturity
of each class.
Firm Commitment -
A promise by FHA
to insure a mortgage loan for a specified property and borrower.
A promise from a lender to make a mortgage loan.
First Mortgage -
A mortgage which is
in first lien position, taking priority over all other liens (which
are financial encumbrances).
5/25 and 7/23 -
Loans in which rates
are fixed for five or seven years at rates slightly lower than
standard 30-year, fixed- rate loans. Amortized for 30 years, loans
are due in five or seven years or can be converted to a fixed-rate
at the current market rate.
Fixed Rate -
An interest rate which
is fixed for the term of the loan. Payments are also fixed
at one amount.
Flood Insurance -
A form of hazard insurance
that may be required by the lender as a condition of making the
loan. May not cover personal property.
Floor -
The minimum rate of interest
payable on an adjustable-rate class or mortgage.
Forbearance -
The lender's postponement
of foreclosure to give the borrower time to catch up on overdue
payments.
Foreclosure -
The legal act by which
the owner of a mortgage cuts off the rights or interest of the
mortgagor in the mortgaged property.
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Garnishment -
The legal process by which
property due to a debtor and in the hands of a third person is
attached.
GNMA -
GNMA is a government owned secondary market investor that purchases FHA
and VA mortgage
loans from mortgage bankers and other financial institutions.
Also known as "Ginnie Mae."
Good Faith Estimate -
A written estimate
of closing costs which a lender must provide you within three
days of submitting an application.
Grace Period -
A period of time during
which a loan payment may be paid after its due date but not incur
a late penalty. Such late payments may be reported on your credit
report.
Graduated Payment Mortgage (GPM) -
A type of flexible-payment mortgage where the payments increase
for a specified period of time and then level off. This type of
mortgage has negative amortization built into it.
Gross -
Before taxes
Gross Income -
For qualifying purposes,
the income of the borrower before taxes or expenses are deducted.
Gross Profit Sales -
Cost of Goods Sold (COGS).
Growing Equity Mortgage (Rapid Payoff
Mortgage) -
A fixed-rate, fixed-schedule loan that starts with
the same payments as a level payment loan. The payments rise annually,
with the entire increase being used to reduce the outstanding
balance. No negative amortization occurs, and the increase in
payments may enable the borrower to pay off a 30-year loan in
15 to 20 years, or less.
Guarantee -
To assume the liability
for such debts of another in the event of his default.
Guaranty -
A contract wherein one party assumes liability for the debt of another person in the
event of his default.
Guaranty Fees -
A sum of money required
by FNMA, FHLMC, and GNMA, a credit guarantee to mortgage-backed
security.
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HUD -
Housing and Urban Development
is a federal agency that oversees the Federal Housing Administration.
HUD-I Settlement Statement -
A form
utilized at loan closing to itemize the costs associated with
purchasing the home. Used universally by mandate of HUD, the Department
of Housing and Urban Development.
Hazard Insurance -
A contract between
purchaser and an insurer, to compensate the insured for loss of
property due to hazards (fire, hail damage, etc.), for a premium.
Holder in Due Course -
A bona fide
holder who takes an instrument for value without notice of it
being overdue or of possible defenses.
Home Equity Line of Credit -
A loan
providing you with the ability to borrow funds at the time and
in the amount you choose, up to a maximum credit limit for which
you have qualified. Repayment is secured by the equity in your
home. Simple interest (interest-only payments on the outstanding
balance) is usually tax-deductible. Often used for home improvements,
major purchases or expenses, and debt consolidation.
Home Equity Loan -
A fixed or adjustable
rate loan obtained for a variety of purposes, secured by the equity
in your home. Interest paid is usually tax-deductible. Often
used for home improvement or freeing of equity for other real estate or
investments. Recommended by many to replace
or substitute for consumer loans whose interest is not tax-deductible,
such as auto or boat loans, credit card debt, medical debt, and
education loans.
Home Inspection -
A home inspection is
performed by a qualified home inspector to determine the structural soundness and condition
of the home, at the request of a purchaser, seller or lender. The inspector will provide a
report outlining the condition of the home and what repairs, if any, are necessary before
the loan may be closed.
Homeowners Warranty -
A type of insurance
that covers repairs to specified parts of a house for a specific
period of time.
Housing Expenses-to-Income Ratio -
The
ratio, expressed as a percentage, which results when a borrower's
housing expenses are divided by his/her gross monthly income.
See debt-to-income ratio.
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Impound -
That portion of a borrower's
monthly payments held by the lender or servicer to pay for taxes,
hazard insurance, mortgage insurance, lease payments, and other
items as they become due. Also known as reserves.
Impound Account -
A savings account
for accumulating that portion of a borrower's monthly payments
designated for future payments of taxes and/or insurance. Required
by certain lenders or with certain types of financing.
Index -
A number, usually a percentage,
upon which future interest rates for adjustable rate mortgages
are based. Common indexes include the Cost of Funds for the Eleventh
Federal District of Banks or the average rate of a one year Government
Treasury Security.
Insolvency -
Condition of a person who
is unable to pay his debts as they fall due.
Installment Debt -
Debts with more than
ten months left to repay.
Insurance -
The first annual premium,
plus 2 months, for fire and extended coverage insurance to cover
loss of the property. Usually called Homeowners Insurance. In
the event of a condominium property, coverage for personal property
(contents) may also be needed.
Intangible Tax -
This tax is required
by State governments whenever real property is sold. In Georgia,
for example, this tax is $3.00 per $1,000.
Interest Adjustment or Prepaid Interest -
An estimated amount of interest due at closing, usually from
the date of closing to the end of the month.
Interest Rate -
The periodic charge,
expressed as a percentage, for use of credit.
Interest Rate Cap -
A safeguard built
into a variable rate loan to protect the consumer in the rate
of interest movements at time of adjustment.
Interim Financing -
A construction loan
made during completion of a building or a project. A permanent
loan usually replaces this loan after completion.
Intestate -
A person who dies without a will.
Investment Instrument -
Legal document
in which some contractual relationship is given formal expression
or by which some right is granted - for example, notes, contracts,
agreements.
Investor -
A money source for a lender.
Issue date -
The date as of which a
security is originally formed.
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Joint Liability -
Liability imposed upon two or more persons.
Joint Tenancy -
The ownership of property
by two or more persons with the survivor taking the interest of
the deceased.
Joint Venture -
A legal entity consisting
of several persons jointly undertaking a commercial enterprise
for profit.
Jumbo Loan -
Mortgage loans over the conforming loan limit.
Terms and underwriting requirements may vary from conforming loans.
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LIBOR (London Interbank Offered Rate) -
The interest rate charged among banks for short-term Eurodollar
loans. A common index for adjustable-rate mortgages and securities.
Late charge -
The penalty a borrower
must pay when a payment is made after the due date.
Lease-Purchase Mortgage Loan -
An alternative
financing option that allows low- and moderate-income homebuyers
to lease a home from a nonprofit organization with an option to buy. Each month's rent payments
consists of PITI (principal, interest, taxes, insurance) payments
on the first mortgage, plus an extra amount that is earmarked
for a savings account in which money for a down payment accumulates.
Letter of Credit -
A promise by a debtor's
bank to pay the creditor upon presentation of specified documents.
Lien -
The right to satisfy a debt
out of certain property owned by the debtor.
Liquidity -
The capability of ready
conversion of an asset or investment to cash.
Loan Administration -
The collection
of mortgage payments from borrowers and related responsibilities
of a loan servicer. Also known as Loan Servicer.
Loan Application Fee -
A lender's fee,
usually ranging from $75 to $300, which the buyer must pay when
applying for a mortgage.
Loan Origination Fee -
A fee charged
by the lender for processing a mortgage.
Loan Servicing -
See Loan Administration.
Loan to Value Ratio (LTV) -
A ratio
determined by dividing the sales price or appraised value into
the loan amount, expressed as a percentage. For example, with
a sales price of $100,000 and a mortgage loan of $80,000, your
loan to value ratio would be 80%. Loans with an LTV over 80% may
require Private Mortgage Insurance, defined below.
Lock or Lock In -
A commitment you obtain
from a lender assuring you a particular interest rate or feature
for a definite time period. Provides protection should interest
rates rise between the time you apply for a loan, acquire loan
approval, and, subsequently, close the loan and receive the funds
you have borrowed.
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MBS -
Mortgage Backed Security is an investment
instrument that represents ownership of an undivided interest
in a group of mortgages. Principal and interest from the individual
mortgages are used to pay principal and interest on the MBS.
MGIC -
Mortgage Guaranty Insurance Company is a provider of private mortgage
insurance and an excellent national real estate economic resource center.
MIP -
Mortgage Insurance purchased by
the borrower to insure the lender or the government against loss
should you default. MIP, or Mortgage Insurance Premium, is paid
on government-insured loans (FHA or VA loans) regardless of your
LTV (loan-to-value). Should you pay off a government-insured loan
in advance of maturity, you may be entitled to a small refund
of MIP. PMI, or Private Mortgage Insurance, is paid on those loans
which are not government-insured and whose LTV is greater than
80%. When you have accumulated 20% of your home's value as equity,
your lender may waive PMI at your request. Please note that such
insurance does not constitute a form of life insurance which pays
off the loan in case of death.
Margin -
An amount, usually a percentage,
which is added to the index to determine the interest rate for
adjustable rate mortgages.
Market Price -
The current price of
the security will change over time.
Market Rate -
The average rate charged
by lenders for conventional, fixed-rate loans.
Market Risk -
The possibility that
the price of the security will change over time.
Market Value -
The highest price that
a buyer would pay and the lowest price a seller would accept on
a property. Market value may be different from the price a property
could actually be sold for at a given time.
Minimum Payment -
The minimum amount
that you must pay, usually monthly, on a home equity loan or line
of credit. In some plans, the minimum payment may be "interest
only," (simple interest). In other plans, the minimum payment
may include principal and interest (amortized).
Minor -
A person who has not reached
legal maturity; an infant.
Mortgage Banker -
Originates mortgage
loans, loaning you their funds and closing the loan in their name.
Mortgage Broker -
As do mortgage bankers,
takes loan application and processes the necessary paperwork.
Unlike a mortgage banker, brokers do not fund the loan with their
own money, but work on behalf of several investors, such as mortgage
bankers, Savings and Loan's, banks, or investment bankers.
Mortgage Loan -
A loan which utilizes
real estate as security or collateral to provide for repayment
should you default on the terms of your loan. The mortgage or
Deed of Trust is your agreement to pledge your home or other real
estate as security.
Mortgage Note -
A legal document obligating
a borrower to repay a loan at a stated interest rate during a
specified period of time; the agreement is secured by a mortgage.
Mortgagee -
The lender in a mortgage
loan transaction.
Mortgagor -
The borrower in a mortgage
loan transaction.
Multiple Listing Service (MLS) -
A networking
system, frequently on computer, in which a number of real estate
firms share information about their client's homes that are for
sale.
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Negative Amortization -
A situation which
may occur on variable rate loans which have the payment cap feature.
Because your monthly payment is capped, your adjusted payment
amount may, at times, be insufficient to pay the actual amount
of interest due. The unpaid deferred interest will then be added
to your loan balance. This increase in your loan balance is known
as negative amortization. A borrower usually has the option of
increasing the monthly payment in any given month to avoid negative
amortization.
Negotiable -
That species of property
which can be transferred by endorsement and delivery.
Net -
After taxes.
Net Effective Income -
The borrower's
gross income minus federal income tax.
Non Assumption Clause -
A statement
in a mortgage contract forbidding the assumption of the mortgage
without the prior approval of the lender. Note: The signed obligation
to pay a debt as a mortgage note.
Nondischargeable Debt -
Debt, such as
taxes, that cannot be forgiven in a bankruptcy liquidation.
Note -
A formal document showing the
existence of a debt and stating the terms of repayment.
Notice of Default -
A formal written
notice to a borrower that a default has occurred and that legal
action may be taken.
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OCC -
Office of the Comptroller of Currency
provides supervision and regulation to national banks to ensure
safety and soundness in banking.
OTS -
Office of Thrift Supervision provides
supervision and regulation to thrift institutions to ensure safety
and soundness in banking.
Offer to Purchase -
Also known as a purchase offer,
earnest money agreement, contract of purchase, or deposit receipt. A document that lists the
price conditions, and terms under which
the buyer is willing to purchase a property.
Original Face Value -
The original principal
amount of a security on its issue date.
Origination Fee -
The fee charged by a lender to cover administrative costs incurred
during the processing of the loan, often expressed as a percentage
of the loan amount.
Origination Points -
Points charged
by the Broker for their services (i.e. commission).
Owner Financing -
A purchase in which
the seller provides all or part of the financing.
Owner's Title Policy -
An insurance
premium charged by the title company to insure the buyer that
the title is free from defects up to the date the conveying instrument
is recorded. Buyer is the beneficiary. (Frequently paid by the
seller. $300 and up).
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PITI -
Principal, interest, taxes and
insurance, which comprise your monthly mortgage payment.
PSA (Public Securities Association) -
The national trade association of banks, dealers, and brokers
that underwrite, trade, and distribute mortgage-backed securities,
U.S. government and federal agency securities, and municipal securities.
Par -
100 percent of face value.
Payment Cap -
Provision of some ARMs
limiting how much a borrower's payments may increase regardless
of how much the interest rate increases; may result in negative
amortization.
Payoff Statement -
A fee charged by
the lender or collection company for payoff information on a loan
which you are paying in full.
Per Diem Interest -
Depending on the
day of the month you close, you will have to pay interest from
the date of closing to the end of the month. Then, usually, the
first mortgage payment will be due the first of the following
month
Perfection -
The proper recording or
filing of an instrument, thereby giving notice to the world.
Permanent Loan -
A long term mortgage,
usually ten years or more. Also called an "end loan."
Personal Property Right -
All rights
and interest owned in goods or chattels as distinguished from
an interest in real property.
Pest Inspection -
A certified pest
inspector will check the home's interior and exterior to ensure that it is free from
destructive insects. The inspector will provide the lender with a detailed report. Specific
treatments are sometimes required before the loan may be closed, usually at the seller's expense.
Pledged Account Mortgage (PAM) -
Money
is placed in a pledged savings account and this fund plus earned
interest is gradually used to reduce mortgage payments.
Points (or Discount Points) -
A one-time charge imposed by the lender to lower the rate at which
the lender would otherwise offer the loan to you. Each point is equal
to one percent (1%) of the mortgage amount. For example, if a lender
charges two points on a $80,000 loan this amounts to a charge of $1,600.
Pool -
A group of mortgages backing
an individual MBS issue.
Power of Attorney -
A legal document
authorizing one person to act on behalf of another.
Preference -
Paying or securing to one
or more creditors, by an insolvent debtor, of all or part of an
antecedent debt to the exclusion of other creditors. Under the
U.S. Bankruptcy Code such payment is a preference if to a regular
creditor within 90 days or to an insider within one year of insolvency.
Premium -
A price in excess of 100 percent
of face value.
Prepaid Expenses -
Necessary to create
an escrow account or to adjust the seller's existing escrow account.
Can include taxes, hazard insurance, private mortgage insurance
and special assessments.
Prepaid Interest -
The amount of interest
to cover the period from close of escrow until the beginning of
the first payment.
Pre-payment -
The unscheduled payment
of all or part of the outstanding principal of a mortgage loan,
including payments by the borrower as well as liquidations from
foreclosures, condemnations, or casualty.
Prepayment Penalty -
A penalty found
in a Promissory Note imposed by the lender when the loan is paid
before it is due.
Pre-payment Risk -
The possibility that
the mortgages underlying the security are repaid faster or more
slowly than expected.
Prequalification -
The process of determining
how much money a prospective homebuyer will be eligible to borrow
before a loan is applied for.
Price -
The amount paid for a security,
usually stated as a percentage of its face value. A par price
is 100 percent, a premium price is higher than par, while a discount
price is lower than par.
Primary Mortgage Market -
Lenders making
mortgage loans directly to borrowers such as savings and loan
associations, commercial banks, and mortgage companies. These
lenders sometimes sell their mortgages into the secondary mortgage
markets such as to FNMA or GNMA, etc.
Principal -
The amount of debt, not
counting interest, left on a loan.
Principal-Only (PO) Class -
A class
that does not bear interest and is entitled to receive only payments
on principal. Rising interest rates will have an adverse effect
on POs.
Priority of Claims -
The specified order
in which creditors' claims are paid when the assets of a debtor
are liquidated in a bankruptcy. The priority of claims is regulated
by the Bankruptcy Code.
Private Label -
A mortgage security
not issued or guaranteed by a U.S. government agency (such as
GNMA) or a U.S. government-sponsored enterprise (such as FNMA
or FHLMC).
Private Mortgage Insurance (PMI) -
In
the event that you do not have a 20 percent down payment, lenders
will allow a smaller down payment - as low as 5 percent in some
cases. With the smaller down payment loans, however, borrowers
are usually required to carry private mortgage insurance. Private
mortgage insurance will usually require an initial premium payment
and may require an additional monthly fee depending on your loan's
structure.
Processing Fee -
This fee is paid at
closing. The Processor is the person who handles all paperwork
requirements in getting your loan approved. He/She obtains verifications
from your bank, employer, and other sources.
Profit and Loss Statement -
Part of
the financial statement that shows sales, expenses and profits
for a specific period of time. Also known as Income Statement
..
Prospectus and Prospectus Supplement -
The legal documents that outline all details of an investment.
Proxy -
An absentee ballot received
before the annual meeting.
Purchase and Sale Agreement -
A written
contract signed by the buyer and seller stating the terms and
conditions under which a property will be sold.
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Qualifying Ratios -
Comparisons of a
borrower's debts and gross monthly income.
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REMIC (Real-Estate Mortgage Investment Conduit) -
A multiple-class mortgage cash flow security.
RESPA -
Short for the Real Estate Settlement
Procedures Act. RESPA is a federal law that allows consumers to
review information on known or estimated settlement costs once
after application and once prior to or at a settlement. The law
requires lenders to furnish the information after application
only.
ROI -
Return on Investment
R-Value -
The resistance of insulation
materials (including windows) to heat passing through air. The
higher the number, the greater the insulating value.
Rate Lock -
See Lock-in.
Real Estate Agent -
A person licensed
to negotiate and transact the sale of real estate on behalf of
the owner.
Real Estate Settlement Procedures Act -
A consumer protection law that requires lenders to give borrowers
advance notice of closing costs.
Real Property -
Land and everything
that is permanently affixed to it.
Realtor -
A collective membership mark
that may be used only by real estate professionals who are members
of the National Association of Realtors and subscribe to its strict
code of ethics.
Receiver -
A person appointed by the
court to take custody over property in litigation or insolvency.
Reclamation -
A term used in bankruptcy
to denote a right or proceeding on the part of a person having
title to property to recover the same when it is in possession
of the bankrupt, debtor, receiver, or trustee.
Reconveyance/Satisfaction -
A fee charged
by the lender to execute the Deed of Reconveyance, or Satisfaction,
when an existing note is paid off.
Record Date -
The date used to determine
the owner of a security for purposes of distributing the next
scheduled payment.
Recording Fees -
Fees charged by the
County Recorder's Office for recordation of Deed, Mortgage or
Deed of Trust, and, at times, additional documents requiring public
notice.
Refinancing -
The process of paying
off one loan with the proceeds from a new loan secured by the
same property.
Renegotiable Rate Mortgage -
a loan
in which the interest rate is adjusted periodically. See adjustable
rate mortgage.
Rent With Option To Buy -
See Lease-purchase mortgage loan.
Rescission -
The annulment of a contract
as a result of which both parties are returned to their former
positions.
Reverse Annuity Mortgage (RAM) -
A form
of mortgage in which the lender makes periodic payments to the
borrower using the borrower's equity in the home as Satisfaction
of Mortgage: The document issued by the mortgagee when the mortgage
loan is paid in full. Also called a "release of mortgage."
Right of Rescission -
The legal right
to void or cancel your mortgage contract in such a way as to treat
the contract as if it never existed. Right of rescission is not
applicable to mortgages made to purchase a home, but may be applicable
to other mortgages, such as home equity loans.
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Satisfaction -
The discharge of an obligation
by paying a party what is due.
Second Mortgage -
A mortgage made subsequent
to another mortgage and subordinate to the first one.
Secondary Mortgage Market -
The place
where primary mortgage lenders sell the mortgages they make to
obtain more funds to originate more new loans. It provides liquidity
for the lenders.
Security Interest -
Any interest in
property acquired by contract for the purpose of securing payment
or performance of an obligation.
Seller Carryback -
An agreement in
which the owner of a property provides financing, often in combination
with an assumed mortgage.
Servicing -
All the steps and operations
a lender performs to keep a loan in good standing, such as collection
of payments, payment of taxes, insurance, property inspections
and the like. Also known as Loan Administration.
Servicing a Loan -
The ongoing process
of collecting your monthly mortgage payment, including accounting
for and payment of your yearly tax and/or homeowners insurance
bills.
Settlement Costs -
See closing/closing costs.
Settlement Date -
The date of the delivery
of and payment for a security.
Settlement Sheet -
The computation
of costs payable at closing which determines the seller's net
proceeds and the buyer's net payment.
Shared Appreciation Mortgage (SAM) -
A mortgage in which a borrower receives a below-market interest
rate in return for which the lender (or another investor such
as a family member or other partner) receives a portion of the
future appreciation in the value of the property. May also apply
to a mortgage where the borrowers share the monthly principal and
interest payments with another party in exchange for part of the
appreciation.
Sight Draft -
Terms of sale common
in manufacturing by which goods are shipped via common carrier
to purchaser. An invoice, sight draft document, and bill of lading
are presented to the customer's bank. When the bank debits the
customer's account, the bill of lading is released and the goods
are delivered.
Simple Interest -
Interest which is
computed only on the principal balance.
Subsidized Second Mortgage -
An alternative
financing option for low- and moderate-income households that
also includes a down payment and a first mortgage, with funds
for the second mortgage provided by city, county, or state housing
agencies, foundations, or nonprofit corporations. Payment on the
second mortgage is often deferred, carries no or low interest
rates, and part of the debt may be forgiven for each year the
family remains in the home.
Survey -
A measurement of land, prepared
by a registered land surveyor, showing the location of the land
with reference to know points, its dimensions, and the location
and dimensions of any buildings.
Sweat Equity -
Equity created by a
purchaser performing work on a property being purchased.
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Tax and Insurance Reserve (TIR) -
See Impound Account.
Tax Impound -
An amount for taxes required
and collected by the lender/collection agent and held in the impound
account to insure adequate funds are available to pay the taxes.
The amount is based upon one month's worth (one-twelfth) of yearly
taxes, varying between one and five months, depending upon the
time of the year in which you close.
Tenancy by the Entirety -
The joint
ownership of property by a husband and wife with the right of
survivorship.
Tenancy in Common -
A form of ownership
on which the tenants own separate but equal parts. To inherit
the property, a surviving tenant should either have to be mentioned
in the will or, in the absence of a will, be eligible through
state inheritance laws.
Testator -
A person who makes a will.
Three/two (3/2) Option -
An alternative
financing plan that enables households whose earnings are no more
than 100 percent of the median income in their regional area to
make a 3 percent down payment with their own funds, coupled with
a 2 percent gift from a relative or a 2 percent grant or unsecured
loan from a nonprofit or state or local government program.
Title -
The written evidence that proves
the right of ownership of a specific piece of property.
Title Company -
A company that specialized
in insuring title to property.
Title Examination -
This fee is paid
at closing. This policy protects the Investor in case of future
title problems arising. You will have the opportunity to purchase
your own title insurance at a significant savings at the time
of closing.
Title Insurance -
Insurance to protect
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.
Tort -
A private or civil wrong exclusive
of a breach of contract.
Tranche -
French word for "slice";
a class of investment interest in a REMIC.
Transaction Fee -
A fee which may be
charged each time you draw on a home equity credit line.
Transfer Tax -
State or local tax payable
when title passes from one owner to another.
Treasury Securities -
Treasury securities
and T-bills are common indexes for adjustable rate loans.
Truth-in-Lending Act -
A federal law
that requires lenders to fully disclose, in writing, the terms
and conditions of a mortgage, including the APR and other charges.
Two-Step Mortgage -
A mortgage in which
the borrower receives a below-market interest rate for a specified
number of years (most often seven or 10), and then receives a
new interest rate adjusted (within certain limits) to market conditions
at that time. The lender sometimes has the option to call the
loan due with 30 days notice at the end of seven or 10 years.
Also called "Super Seven" or "Premier" mortgage.
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Underwriting -
The process of verifying
data and approving a loan.
Underwriting Fee -
This fee is paid
at closing. This charge is for the review of your file to insure
your ability to meet your mortgage payment obligations.
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VA Funding Fee -
A fee charged by the
Veteran's Administration to guarantee the loan to a qualified
veteran. Similar to Private Mortgage Insurance.
VA Loan -
More appropriately termed
"VA Insured Loan." A loan for which the Veteran's Administration
insures the lender against losses the lender may incur due to
your default. Available only to veterans possessing a Certificate
of Eligibility.
VA Mortgage Funding Fee -
A premium
of up to 1-7/8 percent (depending on the size of the down payment)
paid on a VA-backed loan. On a $75,000 fixed-rate mortgage with
no down payment, this would amount to $1,406 either paid at closing
or added to the amount financed.
VOD (Verification of Deposit) -
A document signed by the borrower's financial institution verifying
the status and balance of his/her financial accounts.
VOE (Verification of Employment) -
A document signed by the borrower's employer verifying his/her
position and salary.
VRM (Variable Rate Mortgage) -
See Adjustable Rate Mortgage.
Variable Rate -
An interest rate that
changes periodically in relation to an index. Payments may increase
or decrease accordingly.
Variable Rate Loan -
Loan in which
the rate of interest is tied to a specific financial index, with
both the rate of interest and the monthly payments subject to
change at established adjustment intervals.
Venue -
Used to indicate the county,
district, or other place where a case is or will be tried.
Vesting -
Name(s) in which title to
a property is held.
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WAC (Weighted-Average Coupon) -
The
weighted average of the interest rates on the mortgage loans underlying
the MBS that back the REMIC or the weighted average of the WACs
of the individual MBS pools backing the REMIC.
WAL (Weighted-Average Life) -
The average
amount of time that will elapse from the date of a security's
issuance until each dollar of principal is repaid to the investor.
The weighted-average life of each class of a REMIC is only an
assumption. The average amount of time that each dollar of principal
is actually outstanding is influenced by, among other factors,
the rate at which principal, both scheduled and unscheduled, is
paid on the mortgage loans underlying the MBS that back the REMIC.
WAM (Weighted-Average Maturity) -
The
weighted average of the remaining terms to maturity (expressed
in months) of the mortgage loans underlying the MBS or the weighted
average of the remaining terms to maturity of the individual MBS
pools backing the REMIC.
Waiver -
The relinquishment of or refusal
to accept some right or benefit.
Walk-through -
A final inspection of
a home before settlement to search for problems that need to be
corrected before ownership changes hands.
Warehouse Fee -
Many mortgage firms
must borrow funds on a short term basis in order to originate
loans which are to be sold later in the secondary mortgage market
(or to investors). When the prime rate of interest is higher on
short term loans than on mortgage loans, the mortgage firm has
an economic loss which is offset by charging a warehouse fee.
Workout -
The plan by which a financially
distressed company, not in bankruptcy, seeks to rehabilitate itself.
Wraparound Mortgage -
Results when an
existing assumable loan is combined with a new loan, resulting
in an interest rate somewhere between the old rate and the current
market rate. The payments are made to a second lender or the previous
homeowner, who then forwards the payments to the first lender
after taking the additional amount off the top.
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Yield -
The rate of return on an investment
over a given time, expressed as an annual percentage rate. Yield
is affected by the price paid for the investment as well as the
timing of the principal repayments.
Yield to Maturity -
The annual percentage
rate of return on an investment, assuming it is held to maturity.
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Zoning Regulations -
established by
local governments regarding the location, height, and use for
any given piece of property within a specific area.
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