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Glossary
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A
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Abstract of judgment
A court judgment summary that puts a lien
against a property that is filed with the county
recorder.
Abstract or title search
The process in which a title company reviews
recorded transactions on a specific parcel or
property to determine whether there are any
existing title defects or liens that could
interfere with the transfer of ownership or
refinance.
Acceleration clause
A clause that gives a lender the right to
collect the balance of a loan if the borrower
defaults or misses a payment on the loan. This
allows the lender to speed up the rate at which
the loan becomes due or even to demand immediate
payment of the entire balance of the loan if the
borrower defaults.
Addendum
A change or addition to a document or contract.
Adjustable-rate mortgage
(ARM)
A mortgage that provides for a periodic
adjustment of the interest rate based on current
market conditions.
Adjustment period or
interval
The time between interest rate changes in an
adjustable rate mortgage, usually one, three, or
five years.
Alienation clause
A clause that establishes that if a loan is
transferred or a property sold, the loan must be
paid in full.
Alternative mortgage
Any home loan that does not conform to a
standard fixed-rate mortgage.
American with Disabilities
Act
A law passed in 1990 that outlaws discrimination
against disabled people in housing, public
accommodations, employment, government services,
transportation, and telecommunications.
Amortization
The process of paying the principal and interest
on a loan through regularly scheduled
installments. Initially, most of each payment is
applied toward interest owed. Later in the loan
term, each payment is increasingly applied
toward principal.
Annual Percentage Rate
(APR)
A measure of interest rate that expresses the
cost of a mortgage as a yearly rate on the loan
balance. The APR assumes that the loan is held
for its full term. For an adjustable-rate loan,
the APR assumes the loan's index doesn't change
from its initial value.
Appraisal
An estimate of the value of your property, made
by a licensed appraiser according to a strictly
defined set of guidelines and definitions.
APR
See Annual Percentage Rate.
ARM
See Adjustable Rate Mortgage.
Assessment
The value placed on your property by the County
Assessor's office, as opposed to the appraised
value. In California, due to Proposition 13,
this value is set by formula and may have little
bearing on the actual value of your property.
Assets
Items of value include cash, real estate,
securities, and investments, which can be used
to repay debt.
Assignor
A person who transfers rights and interests of a
property.
Assumable mortgage
A mortgage that can be transferred from one
borrower to another.
Assumption
An agreement between a buyer and seller whereby
the buyer takes over the payments on an existing
mortgage from the seller. Assuming a loan can
usually save the buyer money because this is an
existing mortgage debt.
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Balance sheet
A statement that shows the assets, liabilities,
and net worth of an individual.
Balloon loan
A mortgage in which monthly installments are not
large enough to repay the loan by the end of the
term. As a result, the final payment due is the
lump sum of the remaining principal.
Balloon payment
The final lump sum due at the end of the balloon
loan or mortgage.
Bankruptcy
A proceeding in which a court finds a debtor
insolvent and relieves the debtor from payment
of certain obligations. Bankruptcy remains on
one's credit record for 7 to 10 years and can
severely limit a person's ability to borrow.
Beneficiary
A lender or mortgagee receiving funds from the
borrower or mortgagor.
Binder
A report issued by a title insurance company
that details the condition of a home's title and
provides guidelines for a title insurance
policy.
Blanket mortgage
A mortgage that covers more than one property
owned by the same borrower.
Broker
An individual in the business of helping to
arrange funding or negotiating contracts for a
client, but who does not loan the money himself.
Buy-down mortgage
A mortgage in which the lender receives a
premium as an incentive to reduce the interest
rate in early years of the mortgage. Loan
payments start out relatively low and increase
later.
Bylaws
The rules and regulations that a homeowners'
association or corporation adopts to govern
activities.
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C
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Cancellation clause
See Right to Rescission.
Cap (Payment)
A consumer safeguard that limits the amount that
monthly payments on an adjustable-rate mortgage
may change.
Cap (Interest)
A consumer safeguard that limits the amount the
interest rate on an adjustable-rate mortgage may
change per year and/or over the life of the
loan.
Certificate of title
A certificate issued by a title company or a
written opinion by an attorney that the seller
has good marketable and insurable title to the
property that he is offering. A certificate of
title does not offer protection against hidden
defects in the title that an examination of the
records could not reveal. The issuer of a
certificate of title is liable only for damages
due to negligence.
Chain of title
The official record that details the ownership
history of a piece of property.
Charge-off
A situation whereby a creditor writes off a
defaulted loan because the amount is small
enough; however, it will still show up on
debtor's credit record for 7 to 10 years.
Chattel mortgage
A lien on a personal property that is used as
collateral for a loan.
Closing
The meeting between the buyer, seller, and
lender where the property and funds legally
change hands.
Closing costs
These include a loan origination fee, points,
appraisal fee, title search and insurance,
survey, taxes, deed-recording fee, credit report
fee, and other costs assessed at settlement. The
closing costs usually are about 2 to 6 percent
of the amount of the mortgage.
Closing statement
A document provided by the escrow agent that
details the final financial settlement between
buyer and seller in a real estate transaction,
or between borrower and lender in a refinance
transaction. Also known as a settlement sheet.
COFI - Cost of Funds Index
An index that is used to determine interest rate
changes for certain adjustable-rate mortgages (ARMs).
It is based on the cost of savings, borrowings,
and advances of the institutions that compprise
the index.
Collateral
Property, offered to support a loan, that can be
seized if the debtor defaults.
Commission
Money paid to a real estate agent or broker by
the seller as compensation for finding a buyer
and completing the sale.
Community property
Property accumulated through the joint efforts
of husband and wife. One way that title can be
held.
Condominium
A type of property that includes at least two
units, with each unit owned by a different
individual. These units share common areas and
facilities, such as a parking garage.
Conforming loan
A loan that meets the qualifications to be
purchased by Fannie Mae or Freddie Mac. The
current conforming loan limit is $275,000.
Construction loan
A short-term loan that a lender makes for the
construction of homes and buildings. The funds
are disbursed in the stages of the construction.
Conventional loan
A mortgage that is not insured by the Federal
Housing Administration (FHA) or guaranteed by
the Department of Veterans Affairs (VA) or
Farmers Home Administration (FmHA).
Convertible
adjustable-rate mortgage
A mortgage that allows the borrower to convert
from an adjustable-rate mortgage to a fixed-rate
mortgage in a specified period of time.
Cosigner
A person who signs a mortgage note along with
the buyer and therefore assumes equal
responsibility for the loan.
Cost of Funds Index
An index that is used to determine interest rate
changes for certain adjustable-rate mortgages (ARMs).
It is based on the cost of savings, borrowings,
and advances of the institutions that compprise
the index.
Credit bureau
An agency that maintains your credit history.
Credit history
A record of your debt and payment history.
Credit ratio
The ratio, expressed as a percentage, that
results when a borrower's monthly payment
obligation on long-term debts is divided by the
borrower's net income (for FHA/VA loans) or
gross monthly income (for conventional loans).
See also Expense-to-Income Ratio.
Credit scoring
A statistical system that is used to rate credit
applicants according to various characteristics
relevant to creditworthiness.
Credit worthiness
An individual's past and future ability to repay
debt.
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Debt ratio
The total amount of your monthly bills compared
with the amount of your gross monthly income.
Deed
The legal document that transfers ownership of a
piece of property. The deed should contain an
accurate description of the property being
conveyed, should be signed and witnessed
according to the laws of the state where the
property is located, and should be delivered to
the buyer at closing. There are two parties to
the deed: the grantor and the grantee. (See also
Deed of Trust, Quitclaim Deed, General Warranty
Deed, and Special Warranty Deed.)
Deed of trust
A document that gives a lender the right to
foreclose on a piece of property if the borrower
defaults on the loan.
Default
The failure to make monthly mortgage payments,
according to the mortgage agreement.
Discount points
Fees that a borrower pays when a lender makes a
loan to receive a lower interest rate. Borrowers
pay points to adjust the interest rate to the
market rate. One point equals 1 percent of the
loan amount. For example, two points on a
$200,000 loan would be $4,000.
Down payment
Money paid to make up the difference between the
purchase price and the mortgage amount. Down
payments are usually 10 to 20 percent of the
sales price on conventional loans, and no money
down to 5 percent on FHA and VA loans.
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Earnest money
Money given to a buyer as part of the purchase
price to bind a transaction or assure payment.
Equity
The difference between the fair market value of
your home and what you owe on your loan.
Escrow
The process in which a neutral third party or
trustee holds documents and funds and carries
out instructions agreed to by all parties.
Escrow can also refer to an account held by the
lender into which the homebuyer pays money that
is held for tax and insurance purposes. Escrow
accounts must be managed in accordance with
federal law and the U.S. Department of Housing
and Urban Development (HUD) requirements.
Executed
The signing of all legal loan documents in
escrow in the presence of an escrow officer who
is also a notary to certify that all borrowers'
signatures are correct and true.
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Fannie Mae
See Federal National Mortgage Corporation.
Federal National Mortgage
Corporation (FNMA)
Also known as Fannie Mae. A tax-paying
corporation created by Congress that buys and
sells conventional residential mortgages, as
well as those insured by the FHA or guaranteed
by the VA. This institution, which provides
funds for one in seven mortgages, makes money
for home loans more available and more
affordable.
Federal Home Loan Mortgage
Corporation (FHLMC)
Also known as Freddie Mac. A quasi-governmental
agency that buys conventional mortgages from
insured depository institutions and HUD-approve
mortgage bankers.
Federal Housing
Administration (FHA)
A division of the Department of Housing and
Urban Development. Its main activity is to
insure residential mortgage loans made by
private lenders.
FHA loan
A loan insured by the Federal Housing
Administration that is open to all qualified
home buyers. While there are limits to the size
of FHA loans, the limits usually accommodate
moderately priced homes almost anywhere in the
country.
FHA mortgage insurance
Mortgage insurance that requires up to 3 percent
of the loan amount to be paid at closing, or a
portion of this fee to be added to each monthly
payment of an FHA loan to insure the loan with
FHA.
FICO
The Fair, Isaac Corporation, which developed the
formula for credit scoring. The terms also
applies to the credit score itself. A FICO score
can range from 200 to 900. In general, the
higher the score, the more creditworthy a
borrower is in the eyes of the lender. A score
of at least 680 indicates the borrower is very
creditworthy.
Fixed-rate mortgage
A home loan with an interest rate that will
remain the same for the term of the loan.
Foreclosure
When a borrower defaults on a loan and the
lender sells the borrower's property, keeping
the proceeds for mortgage and legal costs and
any other liens recorded on the property.
Freddie Mac
See Federal Home Loan Mortgage Corporation.
Fund
When your mortgage lender wires money to your
title company for disbursement of all payments
to all parties.
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Ginnie Mae
See Government National Mortgage Association.
Good-faith estimate
An estimate from a lender showing all costs a
borrower will incur in connection with the loan,
including costs from title and escrow.
Government National
Mortgage Association (GNMA). Also known as
Ginnie Mae. Provides sources of funds for
residential mortgages, insured or guaranteed by
the FHA or VA.
Graduated-payment mortgage
(GPM)
A type of flexible-payment mortgage that starts
out with low payments, which gradually become
larger over the term of the loan and then level
off. This type of mortgage has negative
amortization built into it.
Grantee
The home buyer.
Grantor
The home seller.
Gross monthly income
The total amount that the borrower earns per
month, before deductions.
Growing-equity mortgage
A fixed-rate mortgage that increases payments
over a specified period of time. The payment
increases are applied to the mortgage principal.
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Hazard insurance
A form of insurance in which the insurance
company protects the insured from specified
losses, such as fire and windstorm.
Home-equity conversion
mortgage
Also known as a reverse mortgage, this type of
loan is made to older borrowers who want to
convert their home equity into available cash.
Home-equity line of credit
An open-ended line of credit based on a
homeowner's equity, usually limited to 75 to 85
percent of a home's appraised value.
Home-equity loan
A loan that allows owners to borrow against the
equity in their homes.
Homeowner's insurance
Always required by lenders in a mortgage
transaction. Includes hazard insurance, and
flood insurance if the property is located in a
flood zone.
HUD
See U.S. Department of Housing and Urban
Development.
HUD-1 Uniform Settlement
Statement
A closing statement or settlement statement
provided by the escrow company that outlines all
costs associated with a loan transaction.
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I
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Impound account
An account used by the mortgage company to pay
homeowner's insurance, county taxes, and if
needed, private mortgage insurance (PMI).
Additional money for the impound account is
collected with the monthly payment.
Income property
Property that is usually not owner-occupied and
used as a rental for income purposes. Loans for
these properties usually have higher interest
rates.
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. These
investments include one-, three-, and five-year
U.S. Treasury Security yields, the monthly
average interest rate on loans closed by savings
and loan institutions, and the monthly average
cost-of-funds (CoF) incurred by savings and
loans. The index is used to adjust the interest
rate up or down on an adjustable mortgage.
Inspection fee
A fee collected through escrow, and payable at
close to a home inspector, to determine the
present physical condition of a home. This is
required by the lender and used as supplemental
information found in the appraisal.
Intermediate ARM
An adjustable-rate mortgage that has an
adjustment period that doesn't start for 3 to 10
years. Because the interest rate period is
longer than that for a 1-year ARM, the beginning
interest rate will be higher.
Interest rate
The fee, expressed as a percentage, charged for
a loan. Helps determine the monthly mortgage
payment.
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Joint tenancy
Equal shares of a piece of property owned by two
or more people. Rights to the property pass to
the surviving owner or owners.
Jumbo loan
Loans that exceed limits set by Fannie Mae and
Freddie Mac. Any loan over $275,000 is
considered a jumbo loan.
Junior mortgage
A loan that is subordinate to the primary loan.
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Lender
A mortgage company, bank or savings institution
that offers home loans.
Lien
The legal right to hold another's property or to
have it sold or applied for payment of a claim
to satisfy a debt.
Loan costs
Costs associated with the loan that has been
selected by a borrower. These costs will be
collected through escrow and subtracted from the
total funded at the close of escrow.
Loan-to-value (LTV)
The ratio of the loan amount divided by the
purchase price of a home. The purchase price
must be supported by an appraisal.
Lock expiration date
The date when the option to lock an interest
rate expires. If a borrower allows the lock date
to pass, the interest rate will no longer be
valid and the borrower will have to lock in
another interest rate.
Lock in
When an interest rate is set before the loan
documents are processed to ensure the borrower
gets the best interest rate available.
LTV
See Loan-to-Value.
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Margin
The number added to the index to determine the
new interest rate on an adjustable-rate
mortgage.
Mortgage
A loan that is secured by real property.
Mortgage broker
A company or person who searches for a lender to
fit a prospective borrower's criteria.
Mortgage insurance
Also known as Private Mortgage Insurance (PMI).
Money paid to insure a mortgage when the down
payment is less than 20 percent. See also
Private Mortgage Insurance.
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Negative amortization
When a borrower's monthly payment is too small
to cover both the principal and interest of a
loan. In this case, the unpaid interest is added
to the outstanding balance of the loan. The
danger of negative amortization is that it
gradually increases the mortgage debt, and
therefore the home buyer can end up owing more
than the original amount of the loan.
Non-recurring closing
costs
One-time fees charged through escrow.
No point-no fee loan
A loan program that a lender can offer if
interest rates are currently down. These loans
make it very attractive for a homeowner to
refinance.
Note
The legal document that holds a borrower liable
to repay a mortgage at a certain interest rate
and over a specific time period.
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Origination fee
A fee charged by the mortgage broker or banker
when the loan is originated. May also be called
points or fees.
One-year ARM
An adjustable-rate mortgage whose interest rate
adjusts 2 percent once a year or 1 percent every
6 months. These loans usually have lower
up-front costs and interest rates than
fixed-rate loans.
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Parcel
An official piece of land that is described by
the county in which it resides.
Per diem interest
Interest charged or accrued daily.
PITI
See Principal, Interest, Taxes, Insurance.
PMI
See Private Mortgage Insurance.
Points
A fee that the borrower pays to a lender to
receive a lower interest rate on a loan.
Power of Attorney
A document that authorizes one individual to act
on behalf of another.
Pre-approval
A confirmation from a lender that it has done a
complete assessment of your ability to pay for a
home, based on your credit report and other
factors.
Prequalification
A preliminary assessment of a buyer's ability to
pay for a home.
Prepayment penalty
A financial penalty for paying the balance of a
mortgage before it is due.
Principal
The amount of debt, not counting interest, owed
on a loan.
Principal, interest, taxes
and insurance (PITI)
The four components of a monthly mortgage
payment. Principal is the portion of the payment
that actually reduces the balance of the loan.
Private Mortgage Insurance
(PMI)
Insurance that protects lenders if a borrower
defaults on his loan. It is required when a
borrower puts less than a 20 percent down
payment on a home.
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Qualifying ratios
Ratios used to determine whether a borrower can
qualify for a mortgage. They are based on a
borrower's housing expense as a percentage of
income and his total debt as a percentage of
income.
Quitclaim deed
A document that releases a party from any
interest in a piece of property.
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R
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Rate lock in
See Lock-in.
Real estate broker
A middleman or agent who buys and sells real
estate for a company or individual on a
commission basis.
Real estate taxes
Taxes that are paid semi-annually, or monthly if
you have an impound account. The amount is based
on local tax rates and assessed property value.
Real property
Land and any permanent fixtures on it, including
buildings, trees and minerals.
Realtor
A real estate broker or an associate who is an
active member of a local real estate board
affiliated with the National Association of
Realtors.
Rescission
The cancellation of a contract. In the case of
refinancing, this gives the buyer three days to
cancel a transaction after it has closed.
Reconveyance
A document that is recorded when a borrower
completely pays off a mortgage.
Recording fees
Money paid to the lender for recording a home
sale with the local authorities, making it a
part of public records.
Refinance
To replace an existing mortgage with a new
mortgage in order to reduce the interest rate or
take cash out of home equity.
Regulation Z
Requires that a borrower be advised in writing
of all costs associated with the credit portion
of a financial transaction. Also known as a
truth-in-lending disclosure.
Rehabilitation mortgage
A mortgage for the purpose of repairing and
improving a resale home or building.
Renegotiable rate mortgage
(RRM)
A loan in which the interest rate is adjusted
periodically. See also Adjustable-Rate Mortgage.
RESPA
See Real Estate Settlement Procedures Act
Reverse mortgage
A form of mortgage in which the lender makes
periodic payments to the borrower, using the
borrower's equity in the home as security. For
older owners who have a lot of equity in their
home, this can be used as income. The loan does
not need to be repaid until the borrower sells
the property or moves into a retirement
community.
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Secured loan
Any loan backed by collateral.
Servicing agreement
A document disclosing who will service the loan
if there is a mortgage broker involved.
Settlement costs
See Closing Costs.
Settlement statement
See HUD1 Uniform Settlement statement.
Shared-appreciation
mortgage (SAM)
A loan that allows a lender or other party to
share the borrower's profits when the house is
sold.
Subordinate loan
A loan that is a second or third lien against a
property.
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Tax lien
Back taxes owed on a property that will show up
on a title search.
Teaser rates
A low, short-term rate offered on a mortgage to
entice a borrower.
Tenants in common
One of the ways that title can be held. Two or
more owners hold an undivided interest in the
property, with no right of survivorship.
Three-day right of
rescission
See Rescission.
Title
A document that is evidence that an individual
owns a piece of property.
Title company
The neutral third party that insures a piece of
property after it has been searched and cleared
of any liens or judgments. A title insurance
policy or binder will be issued when a parcel is
clear of liens or judgments.
Title insurance
A policy, usually issued by a title insurance
company, that insures a homebuyer against errors
in the title search. The cost of the policy is
usually based on the value of the property and
can be paid by the buyer or seller.
Title search
An examination of municipal records to determine
the legal ownership of property. It is usually
performed by a title company.
Transfer tax
A tax paid when a home is sold to transfer it
from one owner to another.
Trustee
A legally empowered person who holds or controls
a piece of property for another person.
Truth-in-Lending Act
See Regulation Z.
Two-step mortgage
An adjustable mortgage with two interest rates:
one for the first 5 or 7 years of the loan, and
the other for the remainder of the loan.
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U
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U.S. Department of Housing
and Urban Development (HUD)
A federal agency that oversees the Federal
Housing Administration and a variety of housing
and community development programs.
Underwriter
A person who works for the lender and who is
assigned to evaluate and prepare all loan
documents necessary for the borrower to sign,
then follows up to close the loan.
Underwriting
The process lenders go through to evaluate the
borrower and set appropriate conditions for the
loan.
Up-front costs
Any fees that are to be paid by the borrower
before starting the loan process. Usually the
up-front costs are for the appraisal and credit
report.
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VA loan
A low-cost loan guaranteed by the Department of
Veterans Affairs. Restricted to those who
qualify based on military service or other
factors.
Variable-rate mortgage
See Adjustable-Rate Mortgage.
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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. Payments on both
mortgages are made to the second lender, who
then forwards the appropriate payments to the
first lender.
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