|
-D-
Deed-in-lieu
A deed given by a mortgagor to the mortgagee to satisfy a
debt and avoid foreclosure. Also called a "voluntary
conveyance."
Deed of Trust
Like a mortgage, a security instrument whereby real
property is given as security for a debt. However, in a deed
of trust there are three parties to the instrument: the
borrower, the trustee, and the lender, (or beneficiary). In
such a transaction, the borrower transfers the legal title for
the property to the trustee who holds the property in trust as
security for the payment of the debt to the lender or
beneficiary. If the borrower pays the debt as agreed, the deed
of trust becomes void. If, however, he defaults in the payment
of the debt, the trustee may sell the property at a public
sale, under the terms of the deed of trust. In most
jurisdictions where the deed of trust is in force, the
borrower is subject to having his property sold without
benefit of legal proceedings. A few States have begun in
recent years to treat the deed of trust like a mortgage.
Default
Failure to make mortgage payments on a timely basis or to
comply with other conditions of a mortgage.
Deficiency Judgment
A court order to pay the balance owed on a loan if the
proceeds from the sale of the security are insufficient to pay
off the loan. Deficiency judgments are not allowed in all
states.
Delinquency
A loan in which a payment is overdue but not yet in
default.
Deposit
A sum of money given to bind the sale of real estate, or a
sum of money given to ensure payment or an advance of funds in
the processing of a loan.
Depreciation
A decline in the value of property; the opposite of
"appreciation."
Discount Points
See Points.
Documentary Stamps
A State tax, in the forms of stamps, required on deeds and
mortgages when real estate title passes from one owner to
another. The amount of stamps required varies with each
State.
Dower
The rights of a widow in the property of her husband at his
death.
Down Payment
The part of the purchase price, which the buyer pays in
cash and does not finance with a mortgage
Due-on-sale provision
A provision in a mortgage that allows the lender to demand
repayment in full if the borrower sells the property that
serves as security for the mortgage.
Due-on-transfer provision
This terminology is usually used for second mortgages.
Back
to Top
- E
-
Earnest Money
The deposit money given to the seller or his agent by the
potential buyer upon the signing of the agreement of sale to
show that he is serious about buying the house. If the sale
goes through, the earnest money is applied against the down
payment. If the sale does not go through, the earnest money
will be forfeited or lost unless the binder or offer to
purchase expressly provides that it is refundable.
Easement Rights
A right-of-way granted to a person or company authorizing
access to or over the owner's land. An electric company
obtaining a right-of-way across private property is a common
example.
Effective age
An appraiser’s estimate of the physical condition of a
building. The actual age of a building may be shorter or
longer than its effective age. Effective gross income
Normal annual income including overtime that is regular or
guaranteed. The income may be from more than one source.
Salary is generally the principal source, but other income may
qualify if it is significant and stable.
Eminent domain
The right of a government to take private property for
public use upon payment of its fair market value. Eminent
domain is the basis for condemnation proceedings.
Employer-assisted housing
A special Fannie Mae housing initiative that offers several
different ways for employers to work with local lenders to
develop plans to assist their employees in purchasing
homes.
Encroachment
An obstruction, building, or part of a building that
intrudes beyond a legal boundary onto neighboring private or
public land, or a building extending beyond the building
line.
Encumbrance
A legal right or interest in land that affects a good or
clear title, and diminishes the land's value. It can take
numerous forms, such as zoning ordinances, easement rights,
claims, mortgages, liens, charges, a pending legal action,
unpaid taxes, or restrictive covenants. An encumbrance does
not legally prevent transfer of the property to another. A
title search is all that is usually done to reveal the
existence of such encumbrances, and it is up to the buyer to
determine whether he wants to purchase with the encumbrance,
or what can be done to remove it.
Endorser
A person who signs ownership interest over to another
party. Contrast with co-maker.
Equal Credit Opportunity Act (ECOA)
A federal law that requires lenders and other creditors to
make credit equally available without discrimination based on
race, color, religion, national origin, age, sex, marital
status, or receipt of income from public assistance
programs.
Equity
The difference between the market value of a property and
the homeowner's outstanding mortgage balance.
Equity Loan
A loan based on the borrower's equity in his or her home.
Prior to closing; also, an account held by the lender into
which a homeowner pays money for taxes and insurance.
Escrow account
The account in which a mortgage servicer holds the
borrower’s escrow payments prior to paying property
expenses.Escrow analysis. The
periodic examination of escrow accounts to determine if
current monthly deposits will provide sufficient funds to pay
taxes, insurance, and other bills when due.
Escrow collections
Funds collected by the servicer and set aside in an escrow
account to pay the borrower’s property taxes, mortgage
insurance, and hazard insurance. Escrow disbursements. The use of escrow funds to pay real
estate taxes, hazard insurance, mortgage insurance, and other
property expenses as they become due.
Escrow payment
The portion of a mortgagor’s monthly payment that is held
by the servicer to pay for taxes, hazard insurance, mortgage
insurance, lease payments, and other items as they become due.
Estate. The ownership
interest of an individual in real property. The sum total of
all the real property and personal property owned by an
individual at time of death.
Eviction
The lawful expulsion of an occupant from real property.
Examination of title
The report on the title of a property from the public
records or an abstract of the title.
Exclusive listing
A written contract that gives a licensed real estate agent
the exclusive right to sell a property for a specified time,
but reserving the owner’s right to sell the property alone
without the payment of a commission.
Executor
A person named in a will to administer an estate
Back
to Top
- F
-
Fair Credit Reporting Act
A consumer protection law that regulates the disclosure of
consumer credit reports by consumer/credit reporting agencies
and establishes procedures for correcting mistakes on one's
credit record.
Fair-market-value
The highest price that a buyer, willing but not compelled
to buy would pay, and the lowest a seller, willing but not
compelled to sell, would accept.
FDIC
(Federal Deposit Insurance Corporation). Provides insurance
of accounts for institutions whose deposits were formerly
covered by the Federal Savings & Loan Insurance
Corporation. (FSLIC).
Fee simple
The greatest possible interest a person can have in real
estate.
Fee simple estate
An unconditional, unlimited estate of inheritance that
represents the greatest estate and most extensive interest in
land that can be enjoyed. It is of perpetual duration. When
the real estate is in a condominium project, the unit owner is
the exclusive owner only of the air space within his or her
portion of the building (the unit) and is an owner in common
with respect to the land and other common portions of the
property.
FHA
(Federal Housing Administration). A division of the
Department of Housing and Urban Development. The FHA's main
activity is the insuring of residential mortgage loans made by
private lenders. It sets standards for construction and
underwriting. FHA neither lends money, nor plans, nor
constructs housing.
FHA Loan
Government loans are loans that are guaranteed or purchased
by government organizations. Two of the most popular
Government Loans are the Federal Housing Administration (FHA)
and the Department of Veterans Affairs (VA).
FHFB
(Federal Housing Finance Board). It oversees the credit
functions of the twelve regional Federal Home Loan Banks.
FHLBB
(Federal Home Loan Bank Board). A regulatory and
supervisory agency for federally charted savings institutions,
which oversees the operations of the FSLIC and FHLMC. This
agency was abolished by the Financial Institutions Reform,
Recovery and Enforcement Act of 1989. (See FIRREA.)
FHLMC
(Federal Home Loan Mortgage Corporation, Freddie Mac). A
private corporation authorized by Congress, which became an
independent, stockholder-owned government corporation with the
passage of FIRREA. FHLMC promotes the flow of funds into the
housing markets by purchasing conventional mortgages in the
secondary market and selling securities backed by those
mortgages in the capital market.
Finance Charge
The total dollar amount your loan will cost you. It
includes all interest payments for the life of the loan, any
interest paid at closing, your origination fee and any other
charges paid to the lender and/or broker. Appraisal, credit
report and title search fees are not included in the finance
charge calculation.
Finder's fee
A fee or commission paid to a mortgage broker for finding a
mortgage loan for a prospective borrower.
FIRE
(Financial Institutions Reform, Recovery and Enforcement
Act of 1989). An act signed into law in August 1989, by
President Bush that restructured the thrift regulatory an
insurance system.
Firm commitment
A lender’s agreement to make a loan to a specific borrower
on a specific property.
First Mortgage
The mortgage that has first claim in the event of
default.
Fixed installment
The monthly payment due on a mortgage loan.
Fixed-Rate Mortgage
(FRM) A mortgage in which the interest rate does not change
during the entire term of the loan.
FNMA
(Federal National Mortgage Association, Fannie Mae). A
government-sponsored corporation, owned solely by private
investors, created to provide support to the secondary market
for FHA and VA mortgages and conventional mortgages.
Fixture
Personal property that becomes real property when attached
in a permanent manner to real estate.
Flood insurance
Insurance that compensates for physical property damage
resulting from flooding. It is required for properties located
in federally designated flood areas.
Forfeiture
The loss of money, property, rights, or privileges due to a
breach of legal obligation.
Foreclosure
The process by which a mortgage property may be sold when a
mortgage is in default.
Fully amortized ARM
An adjustable-rate mortgage (ARM) with a monthly payment
that is sufficient to amortize the remaining balance, at the
interest accrual rate, over the amortization term.
Full Recasting
Setting the P&I payments to the level that will fully
amortize the loan's outstanding balance over the remaining
term using the fully indexed accrual rate at the recasting
point.
Fully Indexed Accrual Rate
The interest (accrual) rate resulting from the index at
closing (or at another point in the loan) plus the lender's
full spread, rounded as prescribed in the loan documents
(often to the nearest 1/8th of 1%).
Back
to Top
- G
-
General Warranty Deed
A deed which conveys not only all the grantor's interests
in and title to the property to the grantee, but also warrants
that if the title is defective or has a "cloud" on it (such as
mortgage claims, tax liens, title claims, judgments, or
mechanic's liens against it) the grantee may hold the grantor
liable.
Good Faith Estimate
An estimate of charges, which a borrower is likely to incur
in connection with a loan closing.
Graduated Payment Mortgage
(GPM) A mortgage where the payments are scheduled to
increase, usually annually, for a set number of years, and
then level off. GPM can be used with either a fixed or
adjustable interest rate, and usually has a 30-year term.
Grantee
That party in the deed who is the buyer or recipient.
Grantor
That party in the deed who is the seller or giver.
Gross Monthly Income
The total amount the borrower earns per month, not counting
any taxes or expenses. Often used in calculations to determine
whether a borrower qualifies for a particular loan.
Growing Equity Mortgage
(GEM) A fixed rate, graduated payment mortgage with small
initial payments that increase each year so that the loan pays
off in a shortened term, usually 15 years.
Back
to Top
- H
-
Hazard Insurance
Insurance to protect the homeowner and the lender against
physical damage to a property from fire, wind, vandalism, or
other hazards.
Homeowner's Insurance
An insurance policy that combines liability coverage and
hazard insurance.
Homeowner's Warranty
A type of insurance that covers repairs to specified parts
of a house for a specific period of time.
Housing Ratio
The ratio of the monthly housing payment to total gross
monthly income. Also called Payment-to-Income Ratio or
Front-End Ratio.
HUD
(Department of Housing and Urban Development). A cabinet
department responsible for the implementation and
administration of government housing and urban development
programs.
Back
to Top
- I
-
Income property
Real estate developed or improved to produce income.
Index
(Also called "Rate Index"). A regularly published rate,
independent of the lending institution, that measures the
prevailing cost of funds, and is used periodically with the
margin to set AML accrual rates.
Initial Borrower Interest Rate
The rate on which the borrower's first payment is
calculated.
Initial Borrower Payment Rate
The annual interest rate used to calculate the borrower's
initial cash payment.
Inflation
An increase in the amount of money or credit available in
relation to the amount of goods or services available, which
causes an increase in the general price level of goods and
services. Over time, inflation reduces the purchasing power of
a dollar, making it worth less.
Initial interest rate
The original interest rate of the mortgage at the time of
closing.
Installment
The regular periodic payment that a borrower agrees to make
to a lender.
Installment loan
Borrowed money that is repaid in equal payments, known as
installments. A furniture loan is often paid for as an
installment loan.
Insurable title
A property title that a title insurance company agrees to
insure against defects and disputes.
Insurance
A contract that provides compensation for specific losses
in exchange for a periodic payment. An individual contract is
known as an insurance policy, and the periodic payment is
known as an insurance premium.
Insurance binder
A document that states that insurance is temporarily in
effect. Because the coverage will expire by a specified date,
a permanent policy must be obtained before the expiration
date.
Insured mortgage
A mortgage that is protected by the Federal Housing
Administration (FHA) or by private mortgage insurance (MI). If
the borrower defaults on the loan, the insurer must pay the
lender the lesser of the loss incurred or the insured
amount
Interest
The fee charged for borrowing money.
Interest accrual rate
The percentage rate at which interest accrues on the
mortgage. In most cases, it is also the rate used to calculate
the monthly payments, although it is not used for an
adjustable-rate mortgage (ARM) with payment change
limitations.
Interest Rate
The percentage of an amount of money, which is paid for its
use for a specified time.
Interest Rate Cap
A provision of an ARM limiting how much interest rates may
increase per adjustment period.
Interest rate ceiling
For an adjustable-rate mortgage (ARM), the maximum interest
rate, as specified in the mortgage note.
Interest rate floor
For an adjustable-rate mortgage (ARM), the minimum interest
rate, as specified in the mortgage note.
Investment property
A property that is not occupied by the owner.
IRA (Individual Retirement Account)
A retirement account that allows individuals to make
tax-deferred contributions to a personal retirement fund.
Individuals can place IRA funds in bank accounts or in other
forms of investment such as stocks, bonds, or mutual
funds.
Back
to Top
- J
-
Joint tenancy
A form of co-ownership that gives each tenant equal
interest and equal rights in the property, including the right
of survivorship.
Judgment
A decision made by a court of law. In judgments that
require the repayment of a debt, the court may place a lien
against the debtor's real property as collateral for the
judgment's creditor.
Judgment lien
A lien on the property of a debtor resulting from the
decree of a court.
Judicial foreclosure
A type of foreclosure proceeding used in some states that
is handled as a civil lawsuit and conducted entirely under the
auspices of a court.
Jumbo Loans
Jumbo, or non-conforming, is a term used to describe a loan
that does not conform to Fannie Mae or Freddie Mac guidelines.
The typical Jumbo loan exceeds the maximum loan amounts
described above.
Back
to Top
- K
-
(empty)
Back
to Top
- L
-
Late charge
The penalty a borrower must pay when a payment is made a
stated number of days (usually 15) after the due date.
Lease
A written agreement between the property owner and a tenant
that stipulates the conditions under which the tenant may
possess the real estate for a specified period of time and
rent.
Leasehold estate
A way of holding title to a property wherein the mortgagor
does not actually own the property but rather has a recorded
long-term lease on it.
Legal description
A property description, recognized by law that is
sufficient to locate and identify the property without oral
testimony.
Lender
An institution that makes loans to borrowers on real
estate.
Liabilities
A person's financial obligations. Liabilities include
long-term and short-term debt, as well as any other amounts
that are owed to others.
Liability insurance
Insurance coverage that offers protection against claims
alleging that a property owner's negligence or inappropriate
action resulted in bodily injury or property damage to another
party.
Lien
A legal claim against a property that must be paid when the
property is sold.
Lifetime Cap
A provision of an ARM that limits the total increase in
interest rates over the life of the loan.
Lifetime payment cap
For an adjustable-rate mortgage (ARM), a limit on the
amount that payments can increase or decrease over the life of
the mortgage.
Line of credit
An agreement by a commercial bank or other financial
institution 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.
Loan
A sum of borrowed money (principal) that is generally
repaid with interest.
Loan Commitment
Formal offer by a lender stating the terms under which it
agrees to loan money to a homebuyer.
Loan origination
The process by which a mortgage lender brings into
existence a mortgage secured by real property.
Loan Servicing
The collection of mortgage payments from borrowers and
related responsibilities of a loan servicer.
Loan -To-Value
(LTV). The loan-to-value ratio (LTV) is the original loan
amount divided by the lower of the sales price or the
appraised value.
Lock
The period, expressed in days, during which a lender will
guarantee a rate.
Lock-in period
The time period during which the lender has guaranteed an
interest rate to a borrower.
Back
to Top
- M
-
Marketable Title
A title that is free and clear of objectionable liens,
clouds, or other title defects. A title which enables an owner
to sell his property freely to others and which others will
accept without objection.
Master association
A homeowners' association in a large condominium or planned
unit development (PUD) project that is made up of
representatives from associations covering specific areas
within the project. In effect, it is a "second-level"
association that handles matters affecting the entire
development, while the "first-level" associations handle
matters affecting their particular portions of the
project.
Maturity
The date on which the principal balance of a loan, bond, or
other financial instrument becomes due and payable.
Merged credit report
A credit report that contains information from three credit
repositories. When the report is created, the information is
compared for duplicate entries. Any duplicates are combined to
provide a summary of a your credit.
Modification
Margin
(Also called "Spread"). The amount the lender adds to the
index to determine the Fully Indexed Accrual Rate.
Money market account
A savings account that provides bank depositors with many
of the advantages of a money market fund. Certain regulatory
restrictions apply to the withdrawal of funds from a money
market account.
Money market fund
A mutual fund that allows individuals to participate in
managed investments in short-term debt securities, such as
certificates of deposit and Treasury bills.
Monthly Housing Expense
Total principal, interest, taxes, and insurance paid by the
borrower on a monthly basis. Used with gross income to
determine affordability.
Monthly payment mortgage
A mortgage that requires payments to reduce the debt once a
month.
Mortgage
A legal document that pledges a property to the lender as
security for a payment of a debt.
Mortgage Banker
A company that originates mortgages exclusively for resale
in the secondary market.
Mortgage Broker
A company that for a fee matches borrowers with
lenders.
Mortgage Insurance Premium
(MIP). The fee paid to FHA or a private insurer for
mortgage insurance.
Mortgagee
The lender in a mortgage agreement.
Mortgage Commitment
A written notice from the bank or other lending institution
saying it will advance mortgage funds in a specified amount to
enable a buyer to purchase a house.
Mortgage Insurance Premium
The payment made by a borrower to the lender for
transmittal to HUD to help defray the cost of the FHA mortgage
insurance program and to provide a reserve fund to protect
lenders against loss in insured mortgage transactions. In FHA
insured mortgages this represents an annual rate of one-half
of one percent paid by the mortgagor on a monthly basis.
Mortgage life insurance
A type of term life insurance often bought by mortgagors.
The amount of coverage decreases as the principal balance
declines. In the event that the borrower dies while the policy
is in force, the debt is automatically satisfied by insurance
proceeds.
Mortgage Note
|