Acceleration Clause
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.
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, the variable rate mortgage or the
Canadian rollover 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.
Amortization
Means loan payment by equal periodic payment calculated to pay off
the debt at the end of a fixed period, including accrued interest on the
outstanding balance.
Annual percentage rate A.P.R.
Is a interest rate reflecting the cost of a mortgage as a yearly rate. This
rate is likely to be higher than the stated note rate or advertised rate on
the mortgage, because it takes into account points and other credit costs.
The APR allows home buyers to compare different types of mortgages
based on the annual cost for each loan.
Appraisal
An estimate of the value of property, made by a qualified
professional called an "appraiser".
Assessment
A local tax levied against a property for a specific purpose, such
as a sewer or street lights.
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.
Balloon (payment) mortgage
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.
Blanket Mortgage
A mortgage covering at least two pieces of real estate as security
for the same mortgage.
Borrower (Mortgagor)
One who applies for and receives a loan in the form of a mortgage
with the intention of repaying the loan in full.
Broker
An individual in the business of assisting in arranging funding or
negotiating contracts for a client buy who does not loan the money
himself. Brokers us ally charge a fee or receive a commission for
their services.
Buy-down
The action to pay additional discount points (buy down subsidy) to
the lender in exchange for a lower interest rate. The reduced rate may
apply for all or a portion of the loan term. This subsidy amount may
be paid by the buyer, lender, seller or a combination of parties.
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.)
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.
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 DD-214 (Separation Paper) to
the local VA office with VA form 1880 request for Determination of Eligibility.
Certificate of Reasonable Value (CRV)
A certification for 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) or 6 years in
the reserves. It may be obtained by sending 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.
Closing
The meeting between the buyer, seller and lender or their agents
where the property and funds legally change hands. Also called
settlement. 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 are about 3 percent to 6 percent
of the mortgage amount.
Co Borrower (co signer, co mortgagor)
One who signs a mortgage contract with another party or parties and
is hereby jointly obligated to repay the loan. Generally a co borrower
provides some assistance in meeting the requirements of the loan,
and receives a share of interest in the encumbered property.
Commitment
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
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. construction loan
(interim loan): A loan to provide the funds necessary to pay for the
construction of buildings or homes. These are usually designed to
provide periodic disbursements to the builder as he progresses.contract
sale or deed: A contract between purchaser and a seller of real estate to
convey title after certain conditions have been met. It is a form of
installment sale.
Construction loan
A short term interim loan for financing the cost of construction. The lender
advance funds to the builder at periodic intervals as the work progresses.
Conventional loan
A mortgage not insured by FHA or guaranteed by the VA.
Credit Report
A report documenting the credit history and current status of a
borrower's credit standing.
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 net effective income (FHA/VA loans) or gross
monthly income (conventional loans). See housing expenses-to-income
ratio.
Deed of trust
In many states, this document is used in place of a mortgage to
secure the payment of a note.
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.
Department of Veterans Affairs (VA)
An independent agency of the federal government which guarantees
long-term, low-or no-down payment mortgages to eligible veterans.
Discount Point
see point
Down Payment
Money paid to make up the difference between the purchase price and
the mortgage amount. Down payments can range from 3 percent to 20
percent or more of the sales price on conventional loans.
Due-On-Interest:
A clause inserted in a mortgage that allows the lender to call the loan
due and payable at its option upon the transfer of the property also
known as paragraph "17" in FNMA/ FHLMC Mortgage.
Due-on-Sale-Clause
A provision in a mortgage or deed of trust that allows the lender to
demand immediate payment of the balance of the mortgage if the
mortgage holder sells the home.
Earnest Money
Money given by a buyer to a seller as part of the purchase price to
bind a transaction or assure payment.
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)
Is 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 value an owner has in real estate over and above the obligation
against the property.
Escrow
Funds that are set aside and held in trust, usually for payment of
taxes and insurance on real property. Also earnest deposits held
pending loan closing.
Escrow
Refers to a neutral third party who carries out the instruction of
both the buyer and seller to handle all the paperwork of settlement or
closing." Escrow may also refer to an account held by the lender into
which the home buyer pays money for tax or insurance payments.
Fannie Mae
see Federal National Mortgage Association.
Farmers Home Administration (FmHA)
Provides financing to farmers and other qualified borrowers who are
unable to obtain loans elsewhere.
Federal Home Loan Bank Board (FHLBB)
A regulatory and supervisory agency for federally chartered savings
institutions.
Federal Home Loan Mortgage Corporation(FHLMC) also called "Freddie Mac"
A quasi-governmental agency that purchases conventional mortgage
from insured depository institutions and HUD-approved mortgage bankers
Federal Housing Administration (FHA)
A division of the Department of Housing and Urban Development
(HUD). Its main activity is the insuring of residential mortgage loans made
by private lenders. FHA also sets standards for underwriting mortgages.
Federal National Mortgage Association (FNMA) also know as "Fannie Mae"
A private corporation, federally chartered to provide financial products
and services that increase the availability and affordability of housing
for low-, moderate-, and middle-income Americans. The largest corporation
in America, Fannie Mae has $287 billion in assets and an additional
$544 billion in Mortgage-Backed Securities outstanding. Next to the U.S.
Treasury, it is often the second largest borrower in the capital markets.
Fannie Mae is traded on the New York Stock Exchange (FNM) and has
approximately 190,000 shareholders.
FHA loan
A loan insured by the Federal Housing Administration open to all
qualified home purchasers. While there are limits to the size of FHA loans
($155,250), they are generous enough to handle moderately-priced
homes almost anywhere in the country.
FHA Mortgage Insurance Premium (MIP)
An amount equal to 2.25 percent of the loan amount paid at closing
or financed into the loan amount. In addition, FHA mortgage insurance
requires an annual fee of 0.5 percent of the current loan amount, paid
in monthly installments. The lower the down payment, the more years
the fee must be paid.
FHLMC
The Federal Home Loan Mortgage Corporation provides a secondary
market for saving and loans by purchasing their conventional loans.
Also known as "Freddie Mac."
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.
Fixed Rate Mortgage
The mortgage interest rate will remain the same on these mortgages
throughout the term of the mortgage for the original borrower.
FNMA
The federal National Mortgage Association is a secondary mortgage
institution which is the largest single holder of home mortgages in the
United States. FNMA buys VA, FHA, and conventional mortgages from
primary lenders. Also known as "Fannie Mae."
Foreclosure
A legal process by which the lender or the seller forces a sale of
a mortgaged property because the borrower has not met the terms
of the mortgage. Also known as a repossession of property.
Foreclosure
A legal procedure in which property securing debt is sold by the
lender to pay the defaulting borrower's debt.
Freddie Mac
see Federal Home Loan Mortgage Corporation
Ginnie Mae
see Government National Mortgage Association.
Government National Mortgage Association (GNMA) also known as "Ginnie
Mae
provides sources of funds for residential mortgage, insured or
guaranteed by FHA or VA
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.
Guaranty
A promise by one party to pay a debt or perform an obligation
contracted by another if the original party fails to pay or perform
according to a contract.
Hazard Insurance (Homeowners Insurance)
A form of insurance in which the insurance company protects the
insured from specified losses, such as fire, windstorm and the like.
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.
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.
Index
A published interest rate against which lenders measure the
difference between the current interest rate on an adjustable
rate mortgage and that earned by other investments (such as
one- three-, and five-year U.S. Treasury security yields (T-Bills),
the monthly average interest rate on loans closed by savings
and loan institutions, and the monthly average costs-of-funds
incurred by savings and loans), which is then used to adjust
the interest rate on an adjustable mortgage up or down.
Investor
A money source for a lender (FNMA, FHLMC, GNMA).
Interim Financing
A construction loan made during completion of a building or a
project. A permanent loan usually replaces this loan after completion.
Jumbo Loan
A loan which is larger (more than $207,000) than the limits set by
the Federal National Mortgage Association and the Federal Home Loan
Mortgage Corporation. Because jumbo loans cannot be funded by these
two agencies, they usually carry a higher interest rate.
Lien
A claim upon a piece of property for the payment or satisfaction of
a debt or obligation.
LNOV (Lenders Notification Of Reasonable Value)
A certification for an appraisal issued by the Lender in place of a
CRV showing the property's current market value.
Loan-to-Value Ratio
The relationship between the amount of the mortgage loan and the
appraised value of the property expressed as a percentage.
Margin
The amount a lender adds to the index on an adjustable rate
mortgage to establish the adjusted interest rate.
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.
MIP: Mortgage Insurance Premium
A monthly premium paid by the homeowner in addition to the Up Front
MIP that is generally financed. The monthly mortgage insurance is
equal to the mortgage amount multiplied by .005 divided by 12.
($100,000 x .005 / 12 = $41.67 per month)
Mortgage Insurance
Money paid to insure the mortgage when the down payment is less
than 20 percent. See private mortgage insurance, FHA mortgage insurance.
Mortgagee
The lender
Mortgagor
The borrower or homeowner
Negative Amortization
Occurs when your monthly payments are not large enough to pay all
the interest due on the loan. This unpaid interest is added to the unpaid
balance of the loan. the danger of negative amortization is that the home
buyer ends up owing more than the original amount of the loan.
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.
Origination Fee
The fee charged by a lender to prepare loan documents, make credit
checks, inspect and sometimes appraise a property; usually computed
as a percentage of the face value of the loan.
Permanent Loan
A long term mortgage, usually ten years or more. Also called an
"end loan."
PITI
Principal, Interest, Taxes and Insurance. Also called monthly
housing 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 (loan discount points)
Prepaid interest assessed at closing by the lender. Each point is
equal to 1 percent of the loan amount (e.g., two points on a $100,000 mortgage
would cost $2,000).
Power of Attorney
A legal document authorizing one person to act on behalf of
another.
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.
Prepayment
A privilege in a mortgage permitting the borrower to make payments
in advance of their due date.
Prepayment Penalty
Money charged for an early repayment of debt. Prepayment penalties
are allowed in some form (but not necessarily imposed) in 36 states and
the District of Columbia.
Primary Mortgage Market
Lenders making mortgage loans directly to borrower's such as
savings and loan association, 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.
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 3 percent in
some cases. With the smaller down payment loans, however, borrowers
are required to carry private mortgage insurance which is generally
paid monthly, and obtained by the lender through a Private Mortgage
Insurance Company (GE, MGIC, United Guarantee, Amerin, PMI, etc).
Realtor®
A real estate broker or an associate holding active membership in a
local real estate board affiliated with the National Association of Realtors.
Recision
The cancellation of a contract. With respect to mortgage refinancing, the
law that gives the homeowner three days to cancel a contract in some
cases once it is signed if the transaction uses equity in the home as security.
Recording Fees
Money paid to the lender for recording a home sale with the local
authorities, thereby making it part of the public records.
Refinance
Obtaining a new mortgage loan on a property already owned. Often to
replace existing loans on the property.
Negotiable Rate Mortgage (RBM)
a loan in which the interest rate is adjusted periodically. See
adjustable rate mortgage.
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 cost once after application and once prior to
or at a settlement. The law requires lenders to furnish the information
after application only.
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."
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.
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.
Settlement/Settlement Costs
see closing/closing costs
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 mortgage
where the borrowers shares the monthly principal and interest payments
with another party in exchange for part of the appreciation.
Simple Interest
Interest which is computed only on the principle balance.
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. term mortgage see balloon payment mortgage.
Title
A document that gives evidence of an individual's ownership of
property.
Title Insurance
A policy, usually issued by a title insurance company, which insures a
home buyer against errors in the title search. The cost of the policy is
us ally a function of the value of the property, and is often borne by the
purchaser and/or seller.
Title Search
An examination of municipal records to determine the legal
ownership of property. Usually is performed by an attorney or title company.
Truth-In-Lending
A federal law requiring disclosure of the Annual Percentage Rate
and other loan terms to home buyers within 72 hours of loan application per
regulation Z.
Two-Step Mortgage
A mortgage in which the borrower receives a below-market interest
rate for a specified number of years (most often 7or 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 7or 10 years. also called "Super Seven" or
"Premier" mortgage.
Underwriting
The decision whether to make a loan to a potential home buyer based
on income, assets, credit, collateral and other factors and the matching
of this risk to an appropriate rate and term or loan amount.
USURY
Interest charged in excess of the legal rate established by law.
VA Loan
A long-term, low-or no-down payment loan guaranteed by the
Department of Veterans Affairs. Restricted to individuals qualified by
military service or other entitlements.
VA Mortgage Funding Fee
A premium of up to 3 % (depending on the size of the down payment,
and previous use of benefits) paid on a VA-backed loan. An eligible
veteran who is using his eligibility for the first time will pay a 2% funding
fee which can be financed.
Variable Rate Mortgage (VRM)
see adjustable rate mortgage
Verification of Deposit (VOD)
A document signed by the borrower's financial institution verifying
the status and balance of his/her financial accounts. This document
is generally not needed if recent bank statements are available.
Verification of Employment (VOE)
A document signed by the borrower's employer verifying his/her
position and salary. This document is generally not needed if recent
pay stubs are available.
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.
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