| Real
estate and legal terms are sometimes just downright confusing! Of course, we'll
always be there to help you interpret things that are unfamiliar. But if you
have questions now check the following glossary of terms. Remember, knowledge is
power - whether you're selling or buying! |
| A B C D E F G H I J L M N O P R S T U V TOP |
| Acceleration
Clause - provision of a mortgage or note giving the holder the right
to demand that the entire outstanding balance is immediately due and usually
payable in the event of default.
Accrued Interest -
Interest earned and due but not yet paid.
ARM - Adjustable Rate
Mortgage - loans with interest rates that are adjusted periodically based
on changes in a pre-selected index.
Agreement of Sale
- signed by buyer and seller stating the terms and conditions under which
property is sold.
Amortization - repayment
of a loan with periodic payments of both principal and interest.
APR - the annual
percentage rate or cost of credit expressed as a yearly rate.
Application - an initial
statement of personal and financial information required to apply for a
loan.
Application Fee - fee
charged by a lender to cover the initial costs of processing a loan application.
Appraisal - an
impartial written estimate of a property's current market value done by
someone with a knowledge of real estate
Appraisal Fee - fee
charged by a licensed, certified appraiser to render an opinion of current
market value.
Assignment -
transfer of ownership, rights, or interests in property by one person to
another.
Assumption - when
the buyer of the property agrees to become responsible for the repayment of an
existing loan on the property. |
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| Balloon
Mortgage - short-term fixed-rate loans with fixed monthly payments for a set
number of years followed by one large final balloon payment ('the balloon') for
all of the remainder of the principal.
Bankruptcy - a legal
proceeding in a federal court to relieve certain debts of a person or a business
unable to pay its debts.
Bearer - legal owner of
a piece of property.
Bequest - gift of
property by will.
Blanket Mortgage - a
mortgage covering more than one piece of real estate.
Bona Fide - in good
faith.
Borrower - a mortgager
or individual who applies for and receives funds in the form of a loan and is
obligated to repay the loan in full under the terms of the loan.
Broker -
individual who brings buyers and sellers together or negotiates contracts
for a client.
Buy-Down Mortgage - loan
with a below-market rate for a period of time.
Buyer's Market Market -
conditions, such as more sellers than buyers, that favor buyers. |
| A B C D E F G H I J L M N O P R S T U V TOP |
| Call
Option - allows the lender to require repayment of the loan in full before the
end of the loan term.
Cash Out - cash received
when you receive a new loan that is larger than the remaining balance of your
current mortgage, based upon the equity you have already built up in the
house.
Ceiling - maximum
allowable interest rate in an adjustable rate mortgage.
Certificate of
Eligibility - issued by the Veterans Administration to qualified veterans;
verifies a veteran's eligibility for a VA guaranteed loan.
Certificate of Title - a
written opinion of the status of title to a property, given by an attorney or
title company.
Closing - the conclusion
of your real estate transaction which includes the delivery of your security
instrument, signing your legal documents and disbursement of the funds necessary
to the sale.
Closing Costs - the cost
for services such as title fees, recording fees, appraisal fee, credit report
fee, pest inspection, attorney's fees, and surveying fees that must be performed
before your loan can be initiated.
Collateral - assets,
such as your home, pledged as security for a debt.
Commission - fee paid to
a real estate agent or broker for negotiating a real estate or loan
transaction.
Commitment - promise to
lend and a statement by the lender of the terms and conditions under which a
loan is made.
Condominium - a form of
property ownership in which the homeowner holds title to an individual dwelling
unit as well as a proportionate interest in common areas and facilities of a
multi-unit project.
Conforming Loan - a
mortgage loan which meets all requirements of federal agencies such as FNMA and
FHLMC.
Consumer Reporting
Agency - a company which collects and sells information to creditors to
facilitate their decisions to extend credit.
Contingency - some
condition which must be satisfied before a contract becomes legally
binding.
Contract of Sale - an
agreement between a buyer and seller on the purchase price, terms, and
conditions of a sale.
Conventional Loan - a
loan not made under any government housing program and not subject to government
housing programs restrictions.
Convertible ARMs - a
type of ARM loan with the option to convert to a fixed-rate loan during a given
time period.
Conveyance - a document
used to effect a transfer, typically a deed or mortgage.
COFI - the cost of funds
index measures the weighted-average interest rate paid by savings institutions
for sources of funds.
Credit Bureau - a
clearinghouse for credit history information. Credit grantors provide the bureau
with factual information on how their credit customers pay their bills. This
data plus public record information obtained from courthouses around the
country, are kept in a file on each consumer.
Credit Report -
report detailing the credit history of a prospective borrower that's used to
help determine a borrower creditworthiness.
Credit
Score - statistical method of assessing your creditworthiness. Your credit card
history; amount of outstanding debt; the type of credit you use; negative
information such as bankruptcies or late payments; collection accounts and
judgments determine your credit score. |
| A B C D E F G H I J L M N O P R S T U V TOP |
| Deed
- a legal document by which title to real property is transferred from one owner
to another.
Deed of
Trust - conveys title of real property to a third party. The third party holds
title until the owner of the property has repaid the debt in full.
Default -
failure to meet legal obligations in a contract, including failure to make
payments on a loan.
Down
Payment - the portion of your home's purchase price you need to supply up front
in cash to get your loan. For conventional loans, you should strive for a down
payment that's at least 20% of your home's value.
Earnest Money - deposit made by a buyer towards the down
payment in evidence of good faith when the purchase agreement is signed.
ECOA -
Equal Credit Opportunity Act - a federal law requiring creditors to make credit
equally available without discrimination based on race, color, religion,
national origin, age, sex, marital status or receipt of public assistance
income.
Equity -
difference between the current market value of a property and the total debt
obligations against the property. The down payment of a new mortgage loan
represents the equity in the property.
Escrow - a
transaction in which a third party acts as the agent for seller and buyer, or
for borrower and lender, in handling legal documents and disbursement of
funds. |
| A B C D E F G H I J L M N O P R S T U V TOP |
| FDIC
- Federal Deposit Insurance Corporation - independent deposit insurance agency
created by Congress to maintain stability and public confidence in the nation's
banking system.
FHLMC
- Freddie Mac - Federal Home Loan Mortgage Corporation - an agency that
buys loans underwritten to its specific guidelines. These guidelines are an
industry standard for residential conventional lending.
FHA - Federal Housing
Administration - a federal agency within the Department of Housing and Urban
Development (HUD), which insures residential mortgage loans made by private
lenders and sets standards for underwriting mortgage loans.
FNMA - Fannie Mae -
Federal National Mortgage Association - an agency buys loans that are
underwritten to its specific guidelines. These guidelines are an industry
standard for residential conventional lending.
Fee Simple - absolute
ownership of real property.
FHA Loans - fixed
or adjustable-rate loans insured by the U.S. Department of Housing and Urban
Development. FHA loans are designed to make housing more affordable,
particularly for first-time homebuyers.
FICO - the most
common credit-scoring model used by lenders, it is also known as a Fair, Isaac
score. Your FICO can range from 200 to 900. According to this model, the higher
your score, the less likely you are to default on your loan.
First Mortgage - a mortgage which is in first lien position, taking
priority over all other liens. In the case of a foreclosure, the first mortgage
will be repaid before any other mortgages.
Fixed Rate - an
interest rate which is fixed for the term of the loan.
Fixed-Rate Loans -
have interest rates that do not change over the life of the loan. With a
fixed-rate loan, you will have predictable monthly mortgage payments for as long
as you have the loan.
Flood Insurance -
compensates for physical damage to a property by flood.
Forbearance - the
act by the lender of refraining from taking legal action on a mortgage loan that
is delinquent.
Foreclosure - Legal
process by which a mortgaged property may be sold to pay off a mortgage loan
that is in default. |
| A B C D E F G H I J L M N O P R S T U V TOP |
| Grace
Period - period of time during which a loan payment may be made after its due
date without incurring a late penalty. The grace period is specified as part of
the terms of the loan in the Note.
Gross Income - total
income before taxes or expenses are deducted.
Hazard
Insurance - protects the insured against loss due to fire or other natural
disaster.
HUD - Housing and
Urban Development - A U.S. government agency established to implement federal
housing and community development programs; oversees the Federal Housing
Administration.
HUD-1 Uniform
Settlement Statement - standard form which itemizes the closing costs
associated with purchasing a home or refinancing a loan.
Impound Account -
account held by the lender to which the borrower pays monthly installments,
collected as part of the monthly mortgage payment, for annual expenses such as
taxes and insurance. The lender disburses impound account funds on behalf of the
borrower when they become due. (Also called an Escrow Account.)
Initial Cap - limits the
amount the interest rate on an adjustable rate mortgage can change during the
first adjustment period.
Initial Rate - rate
charged during the first interval of an ARM loan.
Interest - charge paid
for borrowing money, calculated as a percentage of the remaining balance of the
amount borrowed.
Interest Rate - annual
rate of interest on the loan, expressed as a percentage of 100.
Interest Rate Cap
- consumer safeguards which limit the amount the interest rate on an ARM loan
can change in an adjustment interval and/or over the life of the loan. |
| A B C D E F G H I J L M N O P R S T U V TOP |
| Joint
Liability - liability shared among two or more people, each of whom is liable
for the full debt.
Joint Tenancy -
ownership of property giving each person equal interest in the property,
including rights of survivorship.
Jumbo Loan A -
mortgage larger than the $275,000 limit set by the Federal
National Mortgage Association and the Federal Home Loan Mortgage
Corporation.
Junior Mortgage - a
mortgage subordinate to the claim of a prior lien or mortgage. In the case of a
foreclosure, a senior mortgage or lien will be paid first.
Late
Charge - a penalty paid by a borrower when a payment is made after the due
date.
Lender - a bank,
mortgage company, or mortgage broker offering the loan.
Lien - legal claim
by one person on the property of another for security for payment of a
debt.
Loan Application Fee -
fee charged by a lender to cover the initial costs of processing a loan
application. The fee may include the cost of obtaining a property appraisal, a
credit report, and a lock-in fee or other closing costs incurred during the
process or the fee may be in addition to these charges.
Loan Origination Fee -
charged by a lender to cover administrative costs of processing a loan.
Lock or Lock-In -
lender's guarantee of an interest rate for a set period of time. The time period
is usually that between loan application approval and loan closing. The lock-in
protects you against rate increases during that time. |
| A B C D E F G H I J L M N O P R S T U V TOP |
| Margin
- percentage difference between the index for a particular loan and the interest
rate charged; predetermined by the lender.
Mortgage - legal
document by which real property is pledged as security for the repayment of a
loan.
Mortgage Banker -
individual or company that originates and/or services mortgage loans.
Mortgage Broker -
individual or company that arranges financing for borrowers.
Mortgage Insurance -
protects the lender in case you default on your loan. With conventional loans,
mortgage insurance is generally not required if you make a down payment of at
least 20% of the home's appraised value.
Mortgage Loan -
loan for which real estate serves as collateral to provide for repayment in case
of default.
Mortgage Note -
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 or
deed of trust or other security instrument.
Mortgagee - the lender
in a mortgage loan transaction.
Mortgagor - the borrower
in a mortgage loan transaction.
Negative
Amortization - loan payment schedule in which the outstanding
principal balance of a loan goes up rather than down because the payments do not
cover the full amount of interest due. The monthly shortfall in payment is added
to the unpaid principal balance of the loan.
Non-Assumption Clause
- statement in a mortgage contract forbidding the assumption of the
mortgage by another borrower without the prior approval of the lender. |
| A B C D E F G H I J L M N O P R S T U V TOP |
| Origination
Fee - charged by a lender to cover administrative costs of processing a
loan.
Payment
Cap - a consumer safeguard which limit the amount monthly payments on an
adjustable-rate mortgage may change. Since they do not limit the amount of
interest the lender is earning, they may cause negative amortization.
Per Diem Interest -
interest calculated per day. (Depending on the day of the month on which closing
takes place, you will have to pay interest from the date of closing to the end
of the month. Your first mortgage payment will probably be due the first day of
the following month.)
Periodic Cap - a
consumer safeguard which limits the amount the interest rate on an adjustable
rate mortgage (ARM) can change in an adjustment interval.
PITI - an abbreviation
for Principal, Interest, Taxes and Insurance, the parts of a monthly mortgage
payment.
Points - an up-front fee
paid to the lender at the time that you get your loan. Each point equals one
percent of your total loan amount. Points and interest rates are connected: the
more points you pay, the lower the interest rate you get. But, the more points
you pay, the more cash you need up front since points are paid in cash at
closing.
Power of Attorney - a
legal document authorizing one person to act on behalf of another.
Pre-approval -
process of determining how much money a prospective homebuyer or refinancer will
be eligible to borrow prior to application for a loan. A pre-approval includes a
preliminary screening of a borrower's credit history. Information submitted
during pre-approval is subject to verification at application.
Prepaid Expenses -
taxes, insurance and assessments paid in advance of their due dates. These
expenses are included at closing.
Prepaid Interest - is
paid in advance of when it is due. Typically charged to a borrower at closing to
cover interest on the loan between the closing date and the first payment
date.
Prepayment - full or
partial repayment of the principal before the contractual due date.
Prepayment Penalty
- a fee charged by a lender for a loan paid off in advance of the contractual
due date.
Pre-qualification -
process of determining how much money a prospective homebuyer will be eligible
to borrow prior to application for a loan.
Principal - amount
of debt, not counting interest, left on a loan.
PMI - Private Mortgage
Insurance - protects the lender in case you default on your loan. With
conventional loans, mortgage insurance is generally not required if you make a
down payment of at least 20% of the home's purchase price.
Purchase Agreement -
signed by buyer and seller stating the terms and conditions under which a
property will be sold. |
| A B C D E F G H I J L M N O P R S T U V TOP |
| Real
Financing Cost - a consumer-oriented rate that takes into account the
projected amount of time you tell us you will actually have the loan, as well as
the specific costs, fees, and potential rate changes associated with it. The
fees and costs are distributed over the time you plan to be in the house,
allowing you to do an apples-to-apples comparison of a variety of loan
types.
Real Property - land and
any improvements permanently affixed to it, such as buildings.
Reconveyance -
transfer of property back to the owner when a mortgage loan is fully repaid.
Recording The act of entering documents concerning title to a property into the
public records.
Recording Fee -
paid to an agent for entering the sale of a property into the public records.
Refinancing The process of paying off one loan with the proceeds from a new loan
secured by the same property.
RESPA - Real
Estate Settlement Procedures Act - federal law that gives consumers the right to
review information about loan settlement costs.
Right to Rescission -
the borrower's right, on certain kinds of loans, to cancel the loan within three
days of signing a mortgage. |
| A B C D E F G H I J L M N O P R S T U V TOP |
| Sales
Agreement Contract - signed by buyer and seller stating the terms and conditions
under which a property will be sold.
Second Mortgage -
additional mortgage placed on a property that has rights that are subordinate to
the first mortgage.
Settlement (or Closing)
- is the conclusion of your real estate transaction. It includes the delivery of
your security instrument, signing of your legal documents and the disbursement
of the funds necessary to the sale of your home or loan transaction
(refinance).
Settlement Costs -
or closing costs - costs are for services that must be performed before your
loan can be initiated. Examples include title fees, recording fees, appraisal
fee, credit report fee, pest inspection, attorney's fees, taxes, and surveying
fees.
Survey -
measurement of land, prepared by a licensed surveyor, showing a property's
boundaries, elevations, improvements, and relationship to surrounding
tracts. |
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| Tax
Sale - public sale of property by a government authority as a result of
non-payment of taxes.
Term - period of
time between the beginning loan date on the legal documents and the date the
entire balance of the loan is due.
Title Company - insures
title to property. Title Insurance Insurance which protects the lender (lender's
policy) or the buyer (owner's policy) against loss due to disputes over
ownership of a property.
Title Search - an
examination of municipal records to ensure that the seller is the legal owner of
a property and that there are no liens or other claims against the
property.
Trade lines - the
different credit accounts listed on your credit report.
Transfer Tax - paid when
title passes from one owner to another.
Truth-in-Lending Act - a
federal law requiring written disclosure of the terms of a mortgage by a lender
to a borrower after application. |
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| Underwriting
- process of determining the risks involved in a particular loan and
establishing suitable terms and conditions for the loan.
Usury - excessively high
interest which is above the legal rate established by law.
VA Loans - fixed-rate
loans guaranteed by the U.S. Department of Veterans Affairs designed to make
housing affordable for eligible U.S. veterans.
Variable Rate Interest -
a rate that changes periodically in relation to an index.
VOD - Verification Of
Deposit - document signed by the borrower's bank or financial institution
verifying the borrower's account balance and history.
VOE - Verification Of
Employment - a document signed by the borrower's employer verifying the
borrower's occupation and salary.
Waiver - a voluntary
relinquishment or surrender of a right or privilege.
Walk-through - final
inspection of a home to check for problems that may need correcting before the
closing.
TOP |