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Credit History: a
record of an individual that lists
all debts and the payment history
for each. The report that is
generated from the history is called
a credit report. Lenders use this
information to gauge a potential
borrower's ability to repay a loan.
Credit Loss Ratio:
the ratio of credit-related losses
to the dollar amount of MBS
outstanding and total mortgages
owned by the corporation.
Credit Related Expenses:
foreclosed property expenses plus
the provision for losses.
Credit Related Losses:
foreclosed property expenses
combined with charge-offs.
Credit Repair Companies:
Private, for-profit businesses that
claim to offer consumers credit and
debt repayment difficulties
assistance with their credit
problems and a bad credit report.
Credit Report: a
report generated by the credit
bureau that contains the borrower's
credit history for the past seven
years. Lenders use this information
to determine if a loan will be
granted.
Credit Risk: a term
used to describe the possibility of
default on a loan by a borrower.
Credit Score: a
score calculated by using a person's
credit report to determine the
likelihood of a loan being repaid on
time. Scores range from about 360 -
840: a lower score meaning a person
is a higher risk, while a higher
score means that there is less risk.
Credit Union: a
non-profit financial institution
federally regulated and owned by the
members or people who use their
services. Credit unions serve groups
that hold a common interest and you
have to become a member to use the
available services.
Creditor: the
lending institution providing a loan
or credit.
Creditworthiness:
the way a lender measures the
ability of a person to qualify and
repay a loan.
D
Debtor: The person
or entity that borrows money. The
term debtor may be used
interchangeably with the term
borrower.
Debt-to-Income Ratio:
a comparison or ratio of gross
income to housing and non-housing
expenses; With the FHA, the-monthly
mortgage payment should be no more
than 29% of monthly gross income
(before taxes) and the mortgage
payment combined with non-housing
debts should not exceed 41% of
income.
Debt Security: a
security that represents a loan from
an investor to an issuer. The issuer
in turn agrees to pay interest in
addition to the principal amount
borrowed.
Deductible: the
amount of cash payment that is made
by the insured (the homeowner) to
cover a portion of a damage or loss.
Sometimes also called "out-of-pocket
expenses." For example, out of a
total damage claim of $1,000, the
homeowner might pay a $250
deductible toward the loss, while
the insurance company pays $750
toward the loss. Typically, the
higher the deductible, the lower the
cost of the policy.
Deed: a document
that legally transfers ownership of
property from one person to another.
The deed is recorded on public
record with the property description
and the owner's signature. Also
known as the title.
Deed-in-Lieu: to
avoid foreclosure ("in lieu" of
foreclosure), a deed is given to the
lender to fulfill the obligation to
repay the debt; this process does
not allow the borrower to remain in
the house but helps avoid the costs,
time, and effort associated with
foreclosure.
Default: the
inability to make timely monthly
mortgage payments or otherwise
comply with mortgage terms. A loan
is considered in default when
payment has not been paid after 60
to 90 days. Once in default the
lender can exercise legal rights
defined in the contract to begin
foreclosure proceedings
Delinquency:
failure of a borrower to make timely
mortgage payments under a loan
agreement. Generally after fifteen
days a late fee may be assessed.
Deposit (Earnest Money):
money put down by a
potential buyer to show that they
are serious about purchasing the
home; it becomes part of the down
payment if the offer is accepted, is
returned if the offer is rejected,
or is forfeited if the buyer pulls
out of the deal. During the
contingency period the money may be
returned to the buyer if the
contingencies are not met to the
buyer's satisfaction.
Depreciation: a
decrease in the value or price of a
property due to changes in market
conditions, wear and tear on the
property, or other factors.
Derivative: a
contract between two or more parties
where the security is dependent on
the price of another investment.
Disclosures: the
release of relevant information
about a property that may influence
the final sale, especially if it
represents defects or problems.
"Full disclosure" usually refers to
the responsibility of the seller to
voluntarily provide all known
information about the property. Some
disclosures may be required by law,
such as the federal requirement to
warn of potential lead-based paint
hazards in pre-1978 housing. A
seller found to have knowingly lied
about a defect may face legal
penalties.
Discount Point:
normally paid at closing and
generally calculated to be
equivalent to 1% of the total loan
amount, discount points are paid to
reduce the interest rate on a loan.
In an ARM with an initial rate
discount, the lender gives up a
number of percentage points in
interest to give you a lower rate
and lower payments for part of the
mortgage term (usually for one year
or less). After the discount period,
the ARM rate will probably go up
depending on the index rate.
Down Payment: the
portion of a home's purchase price
that is paid in cash and is not part
of the mortgage loan. This amount
varies based on the loan type, but
is determined by taking the
difference of the sale price and the
actual mortgage loan amount.
Mortgage insurance is required when
a down payment less than 20 percent
is made.
Document Recording:
after closing on a loan, certain
documents are filed and made public
record. Discharges for the prior
mortgage holder are filed first.
Then the deed is filed with the new
owner's and mortgage company's
names.
Due on Sale Clause:
a provision of a loan allowing the
lender to demand full repayment of
the loan if the property is sold.
Duration: the
number of years it will take to
receive the present value of all
future payments on a security to
include both principal and interest.
E
Earnest Money (Deposit):
money put down by a potential buyer
to show that they are serious about
purchasing the home; it becomes part
of the down payment if the offer is
accepted, is returned if the offer
is rejected, or is forfeited if the
buyer pulls out of the deal. During
the contingency period the money may
be returned to the buyer if the
contingencies are not met to the
buyer's satisfaction.
Earnings Per Share (EPS):
a corporation's profit that
is divided among each share of
common stock. It is determined by
taking the net earnings divided by
the number of outstanding common
stocks held. This is a way that a
company reports profitability.
Easements: the
legal rights that give someone other
than the owner access to use
property for a specific purpose.
Easements may affect property values
and are sometimes a part of the
deed.
EEM: Energy
Efficient Mortgage; an FHA program
that helps homebuyers save money on
utility bills by enabling them to
finance the cost of adding energy
efficiency features to a new or
existing home as part of the home
purchase
Eminent Domain:
when a government takes private
property for public use. The owner
receives payment for its fair market
value. The property can then proceed
to condemnation proceedings.
Encroachments: a
structure that extends over the
legal property line on to another
individual's property. The property
surveyor will note any encroachment
on the lot survey done before
property transfer. The person who
owns the structure will be asked to
remove it to prevent future
problems.
Encumbrance:
anything that affects title to a
property, such as loans, leases,
easements, or restrictions.
Equal Credit Opportunity Act
(ECOA): a federal law
requiring lenders to make credit
available equally without
discrimination based on race, color,
religion, national origin, age, sex,
marital status, or receipt of income
from public assistance programs.
Equity: an owner's
financial interest in a property;
calculated by subtracting the amount
still owed on the mortgage
loon(s)from the fair market value of
the property.
Escape Clause: a
provision in a purchase contract
that allows either party to cancel
part or the entire contract if the
other does not respond to changes to
the sale within a set period. The
most common use of the escape clause
is if the buyer makes the purchase
offer contingent on the sale of
another house.
Escrow: funds held
in an account to be used by the
lender to pay for home insurance and
property taxes. The funds may also
be held by a third party until
contractual conditions are met and
then paid out.
Escrow Account: a
separate account into which the
lender puts a portion of each
monthly mortgage payment; an escrow
account provides the funds needed
for such expenses as property taxes,
homeowners insurance, mortgage
insurance, etc.
Estate: the
ownership interest of a person in
real property. The sum total of all
property, real and personal, owned
by a person.
Exclusive Listing:
a written contract giving a real
estate agent the exclusive right to
sell a property for a specific
timeframe.
F
FICO Score: FICO is
an abbreviation for Fair Isaac
Corporation and refers to a person's
credit score based on credit
history. Lenders and credit card
companies use the number to decide
if the person is likely to pay his
or her bills. A credit score is
evaluated using information from the
three major credit bureaus and is
usually between 300 and 850.
FSBO (For Sale by Owner):
a home that is offered for sale by
the owner without the benefit of a
real estate professional.
Fair Credit Reporting Act:
federal act to ensure that credit
bureaus are fair and accurate
protecting the individual's privacy
rights enacted in 1971 and revised
in October 1997.
Fair Housing Act: a
law that prohibits discrimination in
all facets of the home buying
process on the basis of race, color,
national origin, religion, sex,
familial status, or disability.
Fair Market Value:
: the hypothetical
price that a willing buyer and
seller will agree upon when they are
acting freely, carefully, and with
complete knowledge of the situation.
Familial Status:
HUD uses this term to describe a
single person, a pregnant woman or a
household with children under 18
living with parents or legal
custodians who might experience
housing discrimination.
Fannie Mae: Federal
National Mortgage Association
(FNMA); a federally-chartered
enterprise owned by private
stockholders that purchases
residential mortgages and converts
them into securities for sale to
investors; by purchasing mortgages,
Fannie Mae supplies funds that
lenders may loan to potential
homebuyers. Also known as a
Government Sponsored Enterprise
(GSE).
FHA: Federal
Housing Administration; established
in 1934 to advance homeownership
opportunities for all Americans;
assists homebuyers by providing
mortgage insurance to lenders to
cover most losses that may occur
when a borrower defaults; this
encourages lenders to make loans to
borrowers who might not qualify for
conventional mortgages.
First Mortgage: the
mortgage with first priority if the
loan is not paid.
Fixed Expenses:
payments that do not vary from month
to month.
Fixed-Rate Mortgage:
a mortgage with payments that remain
the same throughout the life of the
loan because the interest rate and
other terms are fixed and do not
change.
Fixture: personal
property permanently attached to
real estate or real property that
becomes a part of the real estate.
Float: the act of
allowing an interest rate and
discount points to fluctuate with
changes in the market.
Flood Insurance:
insurance that protects homeowners
against losses from a flood; if a
home is located in a flood plain,
the lender will require flood
insurance before approving a loan.
Forbearance: a
lender may decide not to take legal
action when a borrower is late in
making a payment. Usually this
occurs when a borrower sets up a
plan that both sides agree will
bring overdue mortgage payments up
to date.
Foreclosure: a
legal process in which mortgaged
property is sold to pay the loan of
the defaulting borrower. Foreclosure
laws are based on the statutes of
each state.
Freddie Mac:
Federal Home Loan Mortgage
Corporation (FHLM); a federally
chartered corporation that purchases
residential mortgages, securitizes
them, and sells them to investors;
this provides lenders with funds for
new homebuyers. Also known as a
Government Sponsored Enterprise
(GSE).
Front End Ratio: a
percentage comparing a borrower's
total monthly cost to buy a house
(mortgage principal and interest,
insurance, and real estate taxes) to
monthly income before deductions.
G
GSE: abbreviation
for government sponsored
enterprises: a collection of
financial services corporations
formed by the United States Congress
to reduce interest rates for farmers
and homeowners. Examples include
Fannie Mae and Freddie Mac.
Ginnie Mae:
Government National Mortgage
Association (GNMA); a
government-owned corporation
overseen by the U.S. Department of
Housing and Urban Development,
Ginnie Mae pools FHA-insured and
VA-guaranteed loans to back
securities for private investment;
as With Fannie Mae and Freddie Mac,
the investment income provides
funding that may then be lent to
eligible borrowers by lenders.
Global Debt Facility:
designed to allow investors all over
the world to purchase debt (loans)
of U.S. dollar and foreign currency
through a variety of clearing
systems.
Good Faith Estimate:
an estimate of all closing fees
including pre-paid and escrow items
as well as lender charges; must be
given to the borrower within three
days after submission of a loan
application.
Graduated Payment Mortgages:
mortgages that begin with
lower monthly payments that get
slowly larger over a period of
years, eventually reaching a fixed
level and remaining there for the
life of the loan. Graduated payment
loans may be good if you expect your
annual income to increase.
Grantee: an
individual to whom an interest in
real property is conveyed.
Grantor: an
individual conveying an interest in
real property.
Gross Income: money
earned before taxes and other
deductions. Sometimes it may include
income from self-employment, rental
property, alimony, child support,
public assistance payments, and
retirement benefits.
Guaranty Fee:
payment to FannieMae from a lender
for the assurance of timely
principal and interest payments to
MBS (Mortgage Backed Security)
security holders.
H
HECM (Reverse Mortgage):
the reverse mortgage is
used by senior homeowners age 62 and
older to convert the equity in their
home into monthly streams of income
and/or a line of credit to be repaid
when they no longer occupy the home.
A lending institution such as a
mortgage lender, bank, credit union
or savings and loan association
funds the FHA insured loan, commonly
known as HECM.
Hazard Insurance:
protection against a specific loss,
such as fire, wind etc., over a
period of time that is secured by
the payment of a regularly scheduled
premium.
HELP: Homebuyer
Education Learning Program; an
educational program from the FHA
that counsels people about the home
buying process; HELP covers topics
like budgeting, finding a home,
getting a loan, and home
maintenance; in most cases,
completion of the program may
entitle the homebuyer to a reduced
initial FHA mortgage insurance
premium-from 2.25% to 1.75% of the
home purchase price.
Home Equity Line of Credit:
a mortgage loan, usually in second
mortgage, allowing a borrower to
obtain cash against the equity of a
home, up to a predetermined amount.
Home Equity Loan: a
loan backed by the value of a home
(real estate). If the borrower
defaults or does not pay the loan,
the lender has some rights to the
property. The borrower can usually
claim a home equity loan as a tax
deduction.
Home Inspection: an
examination of the structure and
mechanical systems to determine a
home's quality, soundness and
safety; makes the potential
homebuyer aware of any repairs that
may be needed. The homebuyer
generally pays inspection fees.
Home Warranty:
offers protection for mechanical
systems and attached appliances
against unexpected repairs not
covered by homeowner's insurance;
coverage extends over a specific
time period and does not cover the
home's structure.
Homeowner's Insurance:
an insurance policy, also called
hazard insurance, that combines
protection against damage to a
dwelling and its contents including
fire, storms or other damages with
protection against claims of
negligence or inappropriate action
that result in someone's injury or
property damage. Most lenders
require homeowners insurance and may
escrow the cost. Flood
insurance is generally not included
in standard policies and must be
purchased separately.
Homeownership Education
Classes: classes that
stress the need to develop a strong
credit history and offer information
about how to get a mortgage
approved, qualify for a loan, choose
an affordable home, go through
financing and closing processes, and
avoid mortgage problems that cause
people to lose their homes.
Homestead Credit:
property tax credit program, offered
by some state governments, that
provides reductions in property
taxes to eligible households.
Housing Counseling Agency:
provides counseling and assistance
to individuals on a variety of
issues, including loan default, fair
housing, and home buying.
HUD: the U.S.
Department of Housing and Urban
Development; established in 1965,
HUD works to create a decent home
and suitable living environment for
all Americans; it does this by
addressing housing needs, improving
and developing American communities,
and enforcing fair housing laws.
HUD1 Statement:
also known as the "settlement
sheet," or "closing statement" it
itemizes all closing costs; must be
given to the borrower at or before
closing. Items that appear on the
statement include real estate
commissions, loan fees, points, and
escrow amounts.
HVAC: Heating,
Ventilation and Air Conditioning; a
home's heating and cooling system.
I
Indemnification: to
secure against any loss or damage,
compensate or give security for
reimbursement for loss or damage
incurred. A homeowner should
negotiate for inclusion of an
indemnification provision in a
contract with a general contractor
or for a separate indemnity
agreement protecting the homeowner
from harm, loss or damage caused by
actions or omissions of the general
(and all sub) contractor.
Index: the measure
of interest rate changes that the
lender uses to decide how much the
interest rate of an ARM will change
over time. No one can be sure when
an index rate will go up or down. If
a lender bases interest rate
adjustments on the average value of
an index over time, your interest
rate would not be as volatile. You
should ask your lender how the index
for any ARM you are considering has
changed in recent years, and where
it is reported.
Inflation: the
number of dollars in circulation
exceeds the amount of goods and
services available for purchase;
inflation results in a decrease in
the dollar's value.
Inflation Coverage:
endorsement to a homeowner's policy
that automatically adjusts the
amount of insurance to compensate
for inflationary rises in the home's
value. This type of coverage does
not adjust for increases in the
home's value due to improvements.
Inquiry: a credit
report request. Each time a credit
application is completed or more
credit is requested counts as an
inquiry. A large number of inquiries
on a credit report can sometimes
make a credit score lower.
Interest: a fee
charged for the use of borrowing
money.
Interest Rate: the
amount of interest charged on a
monthly loan payment, expressed as a
percentage.
Interest Rate Swap:
a transaction between two parties
where each agrees to exchange
payments tied to different interest
rates for a specified period of
time, generally based on a notional
principal amount.
Intermediate Term Mortgage:
a mortgage loan with a contractual
maturity from the time of purchase
equal to or less than 20 years.
Insurance:
protection against a specific loss,
such as fire, wind etc., over a
period of time that is secured by
the payment of a regularly scheduled
premium.
J
Joint Tenancy (with Rights
of Survivorship): two or
more owners share equal ownership
and rights to the property. If a
joint owner dies, his or her share
of the property passes to the other
owners, without probate. In joint
tenancy, ownership of the property
cannot be willed to someone who is
not a joint owner.
Judgment: a legal
decision; when requiring debt
repayment, a judgment may include a
property lien that secures the
creditor's claim by providing a
collateral source.
Jumbo Loan: or
non-conforming loan, is a loan that
exceeds Fannie Mae's and Freddie
Mac's loan limits. Freddie Mac and
Fannie Mae loans are referred to as
conforming loans.
K
L
Late Payment Charges:
the penalty the homeowner must pay
when a mortgage payment is made
after the due date grace period.
Lease: a written
agreement between a property owner
and a tenant (resident) that
stipulates the payment and
conditions under which the tenant
may occupy a home or apartment and
states a specified period of time.
Lease Purchase (Lease
Option): assists low to
moderate income homebuyers in
purchasing a home by allowing them
to lease a home with an option to
buy; the rent payment is made up of
the monthly rental payment plus an
additional amount that is credited
to an account for use as a down
payment.
Lender: A term
referring to an person or company
that makes loans for real estate
purchases. Sometimes referred to as
a loan officer or lender.
Lender Option Commitments:
an agreement giving a lender the
option to deliver loans or
securities by a certain date at
agreed upon terms.
Liabilities: a
person's financial obligations such
as long-term / short-term debt, and
other financial obligations to be
paid.
Liability Insurance:
insurance coverage that protects
against claims alleging a property
owner's negligence or action
resulted in bodily injury or damage
to another person. It is normally
included in homeowner's insurance
policies.
Lien: a legal claim
against property that must be
satisfied when the property is sold.
A claim of money against a property,
wherein the value of the property is
used as security in repayment of a
debt. Examples include a mechanic's
lien, which might be for the unpaid
cost of building supplies, or a tax
lien for unpaid property taxes. A
lien is a defect on the title and
needs to be settled before transfer
of ownership. A lien release is a
written report of the settlement of
a lien and is recorded in the public
record as evidence of payment.
Lien Waiver: A
document that releases a consumer
(homeowner) from any further
obligation for payment of a debt
once it has been paid in full. Lien
waivers typically are used by
homeowners who hire a contractor to
provide work and materials to
prevent any subcontractors or
suppliers of materials from filing a
lien against the homeowner for
nonpayment.
Life Cap: a limit
on the range interest rates can
increase or decrease over the life
of an adjustable-rate mortgage
(ARM).
Line of Credit: an
agreement by a financial institution
such as a bank to extend credit up
to a certain amount for a certain
time to a specified borrower.
Liquid Asset: a
cash asset or an asset that is
easily converted into cash.
Listing Agreement:
a contract between a seller and a
real estate professional to market
and sell a home. A listing agreement
obligates the real estate
professional (or his or her agent)
to seek qualified buyers, report all
purchase offers and help negotiate
the highest possible price and most
favorable terms for the property
seller.
Loan: money
borrowed that is usually repaid with
interest.
Loan Acceleration:
an acceleration clause in a loan
document is a statement in a
mortgage that gives the lender the
right to demand payment of the
entire outstanding balance if a
monthly payment is missed.
Loan Fraud:
purposely giving incorrect
information on a loan application in
order to better qualify for a loan;
may result in civil liability or
criminal penalties.
Loan Officer: a
representative of a lending or
mortgage company who is responsible
for soliciting homebuyers,
qualifying and processing of loans.
They may also be called lender, loan
representative, account executive or
loan rep.
Loan Origination Fee:
a charge by the lender to cover the
administrative costs of making the
mortgage. This charge is paid at the
closing and varies with the lender
and type of loan. A loan origination
fee of 1 to 2 percent of the
mortgage amount is common.
Loan Servicer: the
company that collects monthly
mortgage payments and disperses
property taxes and insurance
payments. Loan servicers also
monitor nonperforming loans, contact
delinquent borrowers, and notify
insurers and investors of potential
problems. Loan servicers may be the
lender or a specialized company that
just handles loan servicing under
contract with the lender or the
investor who owns the loan.
Loan to Value (LTV) Ratio:
a percentage calculated by dividing
the amount borrowed by the price or
appraised value of the home to be
purchased; the higher the LTV, the
less cash a borrower is required to
pay as down payment.
Lock-In: since
interest rates can change
frequently, many lenders offer an
interest rate lock-in that
guarantees a specific interest rate
if the loan is closed within a
specific time.
Lock-in Period: the
length of time that the lender has
guaranteed a specific interest rate
to a borrower.
Loss Mitigation: a
process to avoid foreclosure; the
lender tries to help a borrower who
has been unable to make loan
payments and is in danger of
defaulting on his or her loan
M
Mandatory Delivery
Commitment: an agreement
that a lender will deliver loans or
securities by a certain date at
agreed-upon terms.
Margin: the number
of percentage points the lender adds
to the index rate to calculate the
ARM interest rate at each
adjustment.
Market Value: the
amount a willing buyer would pay a
willing seller for a home. An
appraised value is an estimate of
the current fair market value.
Maturity: the date
when the principal balance of a loan
becomes due and payable.
Median Price: the
price of the house that falls in the
middle of the total number of homes
for sale in that area.
Medium Term Notes:
unsecured general obligations of
Fannie Mae with maturities of one
day or more and with principal and
interest payable in U.S. dollars.
Merged Credit Report:
raw data pulled from two or more of
the major credit-reporting firms.
Mitigation: term
usually used to refer to various
changes or improvements made in a
home; for instance, to reduce the
average level of radon.
Modification: when
a lender agrees to modify the terms
of a mortgage without refinancing
the loan.
Mortgage: a lien on
the property that secures the
Promise to repay a loan. A security
agreement between the lender and the
buyer in which the property is
collateral for the loan. The
mortgage gives the lender the right
to collect payment on the loan and
to foreclose if the loan obligations
are not met.
Mortgage Acceleration
Clause: a clause allowing a
lender, under certain circumstances,
demand the entire balance of a loan
is repaid in a lump sum. The
acceleration clause is usually
triggered if the home is sold, title
to the property is changed, the loan
is refinanced or the borrower
defaults on a scheduled payment.
Mortgage-Backed Security
(MBS): a Fannie Mae
security that represents an
undivided interest in a group of
mortgages. Principal and interest
payments from the individual
mortgage loans are grouped and paid
out to the MBS holders.
Mortgage Banker: a
company that originates loans and
resells them to secondary mortgage
lenders like Fannie Mae or Freddie
Mac.
Mortgage Broker: a
firm that originates and processes
loans for a number of lenders.
Mortgage Life and Disability
Insurance: term life
insurance bought by borrowers to pay
off a mortgage in the event of death
or make monthly payments in the case
of disability. The amount of
coverage decreases as the principal
balance declines. There are many
different terms of coverage
determining amounts of payments and
when payments begin and end.
Mortgage Insurance:
a policy that protects lenders
against some or most of the losses
that can occur when a borrower
defaults on a mortgage loan;
mortgage insurance is required
primarily for borrowers with a down
payment of less than 20% of the
home's purchase price. Insurance
purchased by the buyer to protect
the lender in the event of default.
Typically purchased for loans with
less than 20 percent down payment.
The cost of mortgage insurance is
usually added to the monthly
payment. Mortgage insurance is
maintained on conventional loans
until the outstanding amount of the
loan is less than 80 percent of the
value of the house or for a set
period of time (7 years is common).
Mortgage insurance also is available
through a government agency, such as
the Federal Housing Administration
(FHA) or through companies (Private
Mortgage Insurance or PMI).
Mortgage Insurance Premium
(MIP): a monthly payment
-usually part of the mortgage
payment - paid by a borrower for
mortgage insurance.
Mortgage Interest Deduction:
the interest cost of a mortgage,
which is a tax - deductible expense.
The interest reduces the taxable
income of taxpayers.
Mortgage Modification:
a loss mitigation option that allows
a borrower to refinance and/or
extend the term of the mortgage loan
and thus reduce the monthly
payments.
Mortgage Note: a
legal document obligating a borrower
to repay a loan at a stated interest
rate during a specified period; the
agreement is secured by a mortgage
that is recorded in the public
records along with the deed.
Mortgage Qualifying Ratio:
Used to calculate the maximum amount
of funds that an individual
traditionally may be able to afford.
A typical mortgage qualifying ratio
is 28: 36.
Mortgage Score: a
score based on a combination of
information about the borrower that
is obtained from the loan
application, the credit report, and
property value information. The
score is a comprehensive analysis of
the borrower's ability to repay a
mortgage loan and manage credit.
Mortgagee: the
lender in a mortgage agreement.
Mortgagor - The borrower in a
mortgage agreement.
Mortgagor: the
borrower in a mortgage agreement
Multifamily Housing:
a building with more than four
residential rental units.
Multiple Listing Service
(MLS): within the Metro
Columbus area, Realtors submit
listings and agree to attempt to
sell all properties in the MLS. The
MLS is a service of the local
Columbus Board of Realtors�. The
local MLS has a protocol for
updating listings and sharing
commissions. The MLS offers the
advantage of more timely
information, availability, and
access to houses and other types of
property on the market.
N
National Credit
Repositories: currently,
there are three companies that
maintain national credit - reporting
databases. These are Equifax,
Experian, and Trans Union, referred
to as Credit Bureaus.
Negative Amortization:
amortization means that monthly
payments are large enough to pay the
interest and reduce the principal on
your mortgage. Negative amortization
occurs when the monthly payments do
not cover all of the interest cost.
The interest cost that isn't covered
is added to the unpaid principal
balance. This means that even after
making many payments, you could owe
more than you did at the beginning
of the loan. Negative amortization
can occur when an ARM has a payment
cap that results in monthly payments
not high enough to cover the
interest due.
Net Income: Your
take-home pay, the amount of money
that you receive in your paycheck
after taxes and deductions.
No Cash Out Refinance:
a refinance of an existing loan only
for the amount remaining on the
mortgage. The borrower does not get
any cash against the equity of the
home. Also called a "rate and term
refinance."
No Cost Loan: there
are many variations of a no cost
loan. Generally, it is a loan that
does not charge for items such as
title insurance, escrow fees,
settlement fees, appraisal,
recording fees or notary fees. It
may also offer no points. This
lessens the need for upfront cash
during the buying process however no
cost loans have a higher interest
rate.
Nonperforming Asset:
an asset such as a mortgage that is
not currently accruing interest or
which interest is not being paid.
Note: a legal
document obligating a borrower to
repay a mortgage loan at a stated
interest rate over a specified
period of time.
Note Rate: the
interest rate stated on a mortgage
note.
Notice of Default:
a formal written notice to a
borrower that there is a default on
a loan and that legal action is
possible.
Notional Principal Amount:
the proposed amount which interest
rate swap payments are based but
generally not paid or received by
either party.
Non-Conforming loan:
is a loan that exceeds Fannie Mae's
and Freddie Mac's loan limits.
Freddie Mac and Fannie Mae loans are
referred to as conforming loans.
Notary Public: a
person who serves as a public
official and certifies the
authenticity of required signatures
on a document by signing and
stamping the document.
O
Offer: indication
by a potential buyer of a
willingness to purchase a home at a
specific price; generally put forth
in writing.
Original Principal Balance:
the total principal owed on a
mortgage prior to any payments being
made.
Origination: the
process of preparing, submitting,
and evaluating a loan application;
generally includes a credit check,
verification of employment, and a
property appraisal.
Origination Fee:
the charge for originating a loan;
is usually calculated in the form of
points and paid at closing. One
point equals one percent of the loan
amount. On a conventional loan, the
loan origination fee is the number
of points a borrower pays.
Owner Financing: a
home purchase where the seller
provides all or part of the
financing, acting as a lender.
Ownership:
ownership is documented by the deed
to a property. The type or form of
ownership is important if there is a
change in the status of the owners
or if the property changes
ownership.
Owner's Policy: the
insurance policy that protects the
buyer from title defects.
P
PITI:
Principal, Interest, Taxes, and
Insurance: the four
elements of a monthly mortgage
payment; payments of principal and
interest go directly towards
repaying the loan while the portion
that covers taxes and insurance
(homeowner's and mortgage, if
applicable) goes into an escrow
account to cover the fees when they
are due.
PITI Reserves: a
cash amount that a borrower must
have on hand after making a down
payment and paying all closing costs
for the purchase of a home. The
principal, interest, taxes, and
insurance (PITI) reserves must equal
the amount that the borrower would
have to pay for PITI for a
predefined number of months.
PMI: Private
Mortgage Insurance; privately-owned
companies that offer standard and
special affordable mortgage
insurance programs for qualified
borrowers with down payments of less
than 20% of a purchase price.
Partial Claim: a
loss mitigation option offered by
the FHA that allows a borrower, with
help from a lender, to get an
interest-free loan from HUD to bring
their mortgage payments up to date.
Partial Payment: a
payment that is less than the total
amount owed on a monthly mortgage
payment. Normally, lenders do not
accept partial payments. The lender
may make exceptions during times of
difficulty. Contact your lender
prior to the due date if a partial
payment is needed.
Payment Cap: a
limit on how much an ARM's payment
may increase, regardless of how much
the interest rate increases.
Payment Change Date:
the date when a new monthly payment
amount takes effect on an
adjustable-rate mortgage (ARM) or a
graduated-payment mortgage (GPM).
Generally, the payment change date
occurs in the month immediately
after the interest rate adjustment
date.
Payment Due Date:
Contract language specifying when
payments are due on money borrowed.
The due date is always indicated and
means that the payment must be
received on or before the specified
date. Grace periods prior to
assessing a late fee or additional
interest do not eliminate the
responsibility of making payments on
time.
Perils: for
homeowner's insurance, an event that
can damage the property. Homeowner's
insurance may cover the property for
a wide variety of perils caused by
accidents, nature, or people.
Personal Property:
any property that is not real
property or attached to real
property. For example furniture is
not attached however a new light
fixture would be considered attached
and part of the real property.
Planned Unit Development
(PUD): a development that
is planned, and constructed as one
entity. Generally, there are common
features in the homes or lots
governed by covenants attached to
the deed. Most planned developments
have common land and facilities
owned and managed by the owner's or
neighborhood association. Homeowners
usually are required to participate
in the association via a payment of
annual dues.
Points: a point is
equal to one percent of the
principal amount of your mortgage.
For example, if you get a mortgage
for $95,000, one point means you pay
$950 to the lender. Lenders
frequently charge points in both
fixed-rate and adjustable-rate
mortgages in order to increase the
yield on the mortgage and to cover
loan closing costs. These points
usually are collected at closing and
may be paid by the borrower or the
home seller, or may be split between
them.
Power of Attorney:
a legal document that authorizes
another person to act on your
behalf. A power of attorney can
grant complete authority or can be
limited to certain acts or certain
periods of time or both.
Pre-Approval: a
lender commits to lend to a
potential borrower a fixed loan
amount based on a completed loan
application, credit reports, debt,
savings and has been reviewed by an
underwriter. The commitment remains
as long as the borrower still meets
the qualification requirements at
the time of purchase. This does not
guaranty a loan until the property
has passed inspections underwriting
guidelines.
Predatory Lending:
abusive lending practices that
include a mortgage loan to someone
who does not have the ability to
repay. It also pertains to repeated
refinancing of a loan charging high
interest and fees each time.
Predictive Variables:
The variables that are part of the
formula comprising elements of a
credit-scoring model. These
variables are used to predict a
borrower's future credit
performance.
Preferred Stock:
stock that takes priority over
common stock with regard to
dividends and liquidation rights.
Preferred stockholders typically
have no voting rights.
Pre-foreclosure Sale:
a procedure in which the borrower is
allowed to sell a property for an
amount less than what is owed on it
to avoid a foreclosure. This sale
fully satisfies the borrower's debt.
Prepayment: any
amount paid to reduce the principal
balance of a loan before the due
date or payment in full of a
mortgage. This can occur with the
sale of the property, the pay off
the loan in full, or a foreclosure.
In each case, full payment occurs
before the loan has been fully
amortized.
Prepayment Penalty:
a provision in some loans that
charge a fee to a borrower who pays
off a loan before it is due.
Pre-Foreclosure sale:
allows a defaulting borrower to sell
the mortgaged property to satisfy
the loan and avoid foreclosure.
Pre-Qualify: a
lender informally determines the
maximum amount an individual is
eligible to borrow. This is not a
guaranty of a loan.
Premium: an amount
paid on a regular schedule by a
policyholder that maintains
insurance coverage.
Prepayment: payment
of the mortgage loan before the
scheduled due date; may be Subject
to a prepayment penalty.
Prepayment Penalty:
a fee charged to a homeowner who
pays one or more monthly payments
before the due date. It can also
apply to principal reduction
payments.
Prepayment Penalty Mortgage
(PPM): a type of mortgage
that requires the borrower to pay a
penalty for prepayment, partial
payment of principal or for repaying
the entire loan within a certain
time period. A partial payment is
generally defined as an amount
exceeding 20% of the original
principal balance.
Price Range: the
high and low amount a buyer is
willing to pay for a home.
Prime Rate: the
interest rate that banks charge to
preferred customers. Changes in the
prime rate are publicized in the
business media. Prime rate can be
used as the basis for adjustable
rate mortgages (ARMs) or home equity
lines of credit. The prime rate also
affects the current interest rates
being offered at a particular point
in time on fixed mortgages. Changes
in the prime rate do not affect the
interest on a fixed mortgage.
Principal: the
amount of money borrowed to buy a
house or the amount of the loan that
has not been paid back to the
lender. This does not include the
interest paid to borrow that money.
The principal balance is the amount
owed on a loan at any given time. It
is the original loan amount minus
the total repayments of principal
made.
Principal, Interest, Taxes,
and Insurance (PITI): the
four elements of a monthly mortgage
payment; payments of principal and
interest go directly towards
repaying the loan while the portion
that covers taxes and insurance
(homeowner's and mortgage, if
applicable) goes into an escrow
account to cover the fees when they
are due.
Private Mortgage Insurance
(PMI): insurance purchased
by a buyer to protect the lender in
the event of default. The cost of
mortgage insurance is usually added
to the monthly payment. Mortgage
insurance is generally maintained
until over 20 Percent of the
outstanding amount of the loan is
paid or for a set period of time,
seven years is normal. Mortgage
insurance may be available through a
government agency, such as the
Federal Housing Administration (FHA)
or the Veterans Administration (VA),
or through private mortgage
insurance companies (PMI).
Promissory Note: a
written promise to repay a specified
amount over a specified period of
time.
Property (Fixture and
Non-Fixture): in a real
estate contract, the property is the
land within the legally described
boundaries and all permanent
structures and fixtures. Ownership
of the property confers the legal
right to use the property as allowed
within the law and within the
restrictions of zoning or easements.
Fixture property refers to those
items permanently attached to the
structure, such as carpeting or a
ceiling fan, which transfers with
the property.
Property Tax: a tax
charged by local government and used
to fund municipal services such as
schools, police, or street
maintenance. The amount of property
tax is determined locally by a
formula, usually based on a percent
per $1,000 of assessed value of the
property.
Property Tax Deduction:
the U.S. tax code allows
homeowners to deduct the amount they
have paid in property taxes from
there total income.
Public Record Information:
Court records of events that are a
matter of public interest such as
credit, bankruptcy, foreclosure and
tax liens. The presence of public
record information on a credit
report is regarded negatively by
creditors.
Punch List: a list
of items that have not been
completed at the time of the final
walk through of a newly constructed
home.
Purchase Offer: A
detailed, written document that
makes an offer to purchase a
property, and that may be amended
several times in the process of
negotiations. When signed by all
parties involved in the sale, the
purchase offer becomes a legally
binding contract, sometimes called
the Sales Contract.
Q
Qualifying Ratios:
guidelines utilized by lenders to
determine how much money a homebuyer
is qualified to borrow. Lending
guidelines typically include a
maximum housing expense to income
ratio and a maximum monthly expense
to income ratio.
Quitclaim Deed: a
deed transferring ownership of a
property but does not make any
guarantee of clear title.
R
RESPA: Real Estate
Settlement Procedures Act; a law
protecting consumers from abuses
during the residential real estate
purchase and loan process by
requiring lenders to disclose all
settlement costs, practices, and
relationships
Radon: a
radioactive gas found in some homes
that, if occurring in strong enough
concentrations, can cause health
problems.
Rate Cap: a limit
on an ARM on how much the interest
rate or mortgage payment may change.
Rate caps limit how much the
interest rates can rise or fall on
the adjustment dates and over the
life of the loan.
Rate Lock: a
commitment by a lender to a borrower
guaranteeing a specific interest
rate over a period of time at a set
cost.
Real Estate Agent:
an individual who is licensed to
negotiate and arrange real estate
sales; works for a real estate
broker.
Real Estate Mortgage
Investment Conduit (REMIC):
a security representing an interest
in a trust having multiple classes
of securities. The securities of
each class entitle investors to cash
payments structured differently from
the payments on the underlying
mortgages.
Real Estate Property Tax
Deduction: a tax deductible
expense reducing a taxpayer's
taxable income.
Real Estate Settlement
Procedures Act (RESPA): a
law protecting consumers from abuses
during the residential real estate
purchase and loan process by
requiring lenders to disclose all
settlement costs, practices, and
relationships
Real Property:
land, including all the natural
resources and permanent buildings on
it.
REALTOR�: a real
estate agent or broker who is a
member of the NATIONAL ASSOCIATION
OF REALTORS, and its local and state
associations.
Recorder: the
public official who keeps records of
transactions concerning real
property. Sometimes known as a
"Registrar of Deeds" or "County
Clerk."
Recording: the
recording in a registrar's office of
an executed legal document. These
include deeds, mortgages,
satisfaction of a mortgage, or an
extension of a mortgage making it a
part of the public record.
Recording Fees:
charges for recording a deed with
the appropriate government agency.
Refinancing: paying
off one loan by obtaining another;
refinancing is generally done to
secure better loan terms (like a
lower interest rate).
Rehabilitation Mortgage:
a mortgage that covers the costs of
rehabilitating (repairing or
Improving) a property; some
rehabilitation mortgages - like the
FHA's 203(k) - allow a borrower to
roll the costs of rehabilitation and
home purchase into one mortgage
loan.
Reinstatement Period:
a phase of the foreclosure process
where the homeowner has an
opportunity to stop the foreclosure
by paying money that is owed to the
lender.
Remaining Balance:
the amount of principal that has not
yet been repaid.
Remaining Term: the
original amortization term minus the
number of payments that have been
applied.
Repayment plan: an
agreement between a lender and a
delinquent borrower where the
borrower agrees to make additional
payments to pay down past due
amounts while making regularly
scheduled payments.
Return On Average Common
Equity: net income
available to common stockholders, as
a percentage of average common
stockholder equity.
Reverse Mortgage (HECM):
the reverse mortgage is used by
senior homeowners age 62 and older
to convert the equity in their home
into monthly streams of income
and/or a line of credit to be repaid
when they no longer occupy the home.
A lending institution such as a
mortgage lender, bank, credit union
or savings and loan association
funds the FHA insured loan, commonly
known as HECM.
Right of First Refusal:
a provision in an agreement that
requires the owner of a property to
give one party an opportunity to
purchase or lease a property before
it is offered for sale or lease to
others.
Risk Based Capital:
an amount of capital needed to
offset losses during a ten-year
period with adverse circumstances.
Risk Based Pricing:
Fee structure used by creditors
based on risks of granting credit to
a borrower with a poor credit
history.
Risk Scoring: an
automated way to analyze a credit
report verses a manual review. It
takes into account late payments,
outstanding debt, credit experience,
and number of inquiries in an
unbiased manner.
S
Sale Leaseback:
when a seller deeds property to a
buyer for a payment, and the buyer
simultaneously leases the property
back to the seller.
Second Mortgage: an
additional mortgage on property. In
case of a default the first mortgage
must be paid before the second
mortgage. Second loans are more
risky for the lender and usually
carry a higher interest rate.
Secondary Mortgage Market:
the buying and selling of mortgage
loans. Investors purchase
residential mortgages originated by
lenders, which in turn provides the
lenders with capital for additional
lending.
Secured Loan: a
loan backed by collateral such as
property.
Security: the
property that will be pledged as
collateral for a loan.
Seller Take Back:
an agreement where the owner of a
property provides second mortgage
financing. These are often combined
with an assumed mortgage instead of
a portion of the seller's equity.
Serious Delinquency:
a mortgage that is 90 days or more
past due.
Servicer: a
business that collects mortgage
payments from borrowers and manages
the borrower's escrow accounts.
Servicing: the
collection of mortgage payments from
borrowers and related
responsibilities of a loan servicer.
Setback: the
distance between a property line and
the area where building can take
place. Setbacks are used to assure
space between buildings and from
roads for a many of purposes
including drainage and utilities.
Settlement: another
name for closing.
Settlement Statement:
a document required by the Real
Estate Settlement Procedures Act
(RESPA). It is an itemized statement
of services and charges relating to
the closing of a property transfer.
The buyer has the right to examine
the settlement statement 1 day
before the closing. This is called
the HUD 1 Settlement Statement.
Special Forbearance:
a loss mitigation option where the
lender arranges a revised repayment
plan for the borrower that may
include a temporary reduction or
suspension of monthly loan payments.
Stockholders' Equity:
the sum of proceeds from the
issuance of stock and retained
earnings less amounts paid to
repurchase common shares.
Stripped MBS (SMBS):
securities created by "stripping" or
separating the principal and
interest payments from the
underlying pool of mortgages into
two classes of securities, with each
receiving a different proportion of
the principal and interest payments.
Sub-Prime Loan: "B"
Loan or "B" paper with FICO scores
from 620 - 659. "C" Loan or "C"
Paper with FICO scores typically
from 580 to 619. An industry term to
used to describe loans with less
stringent lending and underwriting
terms and conditions. Due to the
higher risk, sub-prime loans charge
higher interest rates and fees.
Subordinate: to
place in a rank of lesser importance
or to make one claim secondary to
another.
Survey: a property
diagram that indicates legal
boundaries, easements,
encroachments, rights of way,
improvement locations, etc. Surveys
are conducted by licensed surveyors
and are normally required by the
lender in order to confirm that the
property boundaries and features
such as buildings, and easements are
correctly described in the legal
description of the property.
Sweat Equity: using
labor to build or improve a property
as part of the down payment
T
Third Party Origination:
a process by which a lender uses
another party to completely or
partially originate, process,
underwrite, close, fund, or package
the mortgages it plans to deliver to
the secondary mortgage market.
Terms: The period
of time and the interest rate agreed
upon by the lender and the borrower
to repay a loan.
Title: a legal
document establishing the right of
ownership and is recorded to make it
part of the public record. Also
known as a Deed.
Title 1: an
FHA-insured loan that allows a
borrower to make non-luxury
improvements (like renovations or
repairs) to their home; Title I
loans less than $7,500 don't require
a property lien.
Title Company: a
company that specializes in
examining and insuring titles to
real estate.
Title Defect: an
outstanding claim on a property that
limits the ability to sell the
property. Also referred to as a
cloud on the title.
Title Insurance:
insurance that protects the lender
against any claims that arise from
arguments about ownership of the
property; also available for
homebuyers. An insurance policy
guaranteeing the accuracy of a title
search protecting against errors.
Most lenders require the buyer to
purchase title insurance protecting
the lender against loss in the event
of a title defect. This charge is
included in the closing costs. A
policy that protects the buyer from
title defects is known as an owner's
policy and requires an additional
charge.
Title Search: a
check of public records to be sure
that the seller is the recognized
owner of the real estate and that
there are no unsettled liens or
other claims against the property.
Transfer Agent: a
bank or trust company charged with
keeping a record of a company's
stockholders and canceling and
issuing certificates as shares are
bought and sold.
Transfer of Ownership:
any means by which ownership of a
property changes hands. These
include purchase of a property,
assumption of mortgage debt,
exchange of possession of a property
via a land sales contract or any
other land trust device.
Transfer Taxes:
State and local taxes charged for
the transfer of real estate. Usually
equal to a percentage of the sales
price.
Treasury Index: can
be used as the basis for adjustable
rate mortgages (ARMs) It is based on
the results of auctions that the
U.S. Treasury holds for its Treasury
bills and securities.
Truth-in-Lending: a
federal law obligating a lender to
give full written disclosure of all
fees, terms, and conditions
associated with the loan initial
period and then adjusts to another
rate that lasts for the term of the
loan.
Two Step Mortgage:
an adjustable-rate mortgage (ARM)
that has one interest rate for the
first five to seven years of its
term and a different interest rate
for the remainder of the term.
Trustee: a person
who holds or controls property for
the benefit of another.
U
Underwriting: the
process of analyzing a loan
application to determine the amount
of risk involved in making the loan;
it includes a review of the
potential borrower's credit history
and a judgment of the property
value.
Up Front Charges:
the fees charged to homeowners by
the lender at the time of closing a
mortgage loan. This includes points,
broker's fees, insurance, and other
charges.
V
VA (Department of Veterans
Affairs): a federal agency,
which guarantees loans made to
veterans; similar to mortgage
insurance, a loan guarantee protects
lenders against loss that may result
from a borrower default.
VA Mortgage: a
mortgage guaranteed by the
Department of Veterans Affairs (VA).
Variable Expenses:
Costs or payments that may vary from
month to month, for example,
gasoline or food.
Variance: a special
exemption of a zoning law to allow
the property to be used in a manner
different from an existing law.
Vested: a point in
time when you may withdraw funds
from an investment account, such as
a retirement account, without
penalty.
W
Walk Through: the
final inspection of a property being
sold by the buyer to confirm that
any contingencies specified in the
purchase agreement such as repairs
have been completed, fixture and
non-fixture property is in place and
confirm the electrical, mechanical,
and plumbing systems are in working
order.
Warranty Deed: a
legal document that includes the
guarantee the seller is the true
owner of the property, has the right
to sell the property and there are
no claims against the property.
X
Y
Z
Zoning: local laws
established to control the uses of
land within a particular area.
Zoning laws are used to separate
residential land from areas of
non-residential use, such as
industry or businesses. Zoning
ordinances include many provisions
governing such things as type of
structure, setbacks, lot size, and
uses of a building.
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