Balance Sheet A financial statement that shows
assets, liabilities, and net worth as of a specific
date.
Balloon Mortgage A mortgage in which the borrower's
monthly payments are amortized over a longer period
than the actual term of the mortgage. As a result,
at the end of the loan term, the borrower must pay
off the remaining balance with a single lump sum payment
or refinance the loan.
Balloon Payment The final lump sum payment
that is made at the maturity date of a balloon mortgage.
Bankruptcy A legal proceeding that allows
debtors to eliminate or restructure debts when they
have financial difficulties.
Before-Tax Income Income before taxes are
deducted. Also known as "gross income."
Biweekly Payment Mortgage A mortgage with
payments due every two weeks (instead of monthly).
Bona fide In good faith, without fraud.
Bridge Loan A short-term loan secured by the
borrower's current home (which is usually for sale)
that allows the proceeds to be used for building or
closing on a new house before the current home is
sold. Also known as a "swing loan."
Broker An individual or firm that acts as
an agent between providers and users of products or
services, such as a mortgage broker or real estate
broker.
* See also "Mortgage Broker"
Building Code Local regulations that set forth
the standards and requirements for the construction,
maintenance and occupancy of buildings. The codes
are designed to provide for the safety, health and
welfare of the public.
Buydown An arrangement whereby the property
developer or another third party provides an interest
subsidy to reduce the borrower's monthly payments
typically in the early years of the loan.
Buydown Account An account in which funds
are held so that they can be applied as part of the
monthly mortgage payment as each payment comes due
during the period that an interest rate buydown plan
is in effect.
Cap For an adjustable-rate mortgage (ARM),
a limitation on the amount the interest rate or mortgage
payments may increase or decrease.
* See also "Lifetime Payment Cap," "Lifetime
Rate Cap," "Periodic Payment Cap,"
and "Periodic Rate Cap"
Cash-out Refinance A refinance transaction
in which the borrower receives additional funds over
and above the amount needed to repay the existing
mortgage, closing costs, points, and any subordinate
liens.
Certificate of Deposit A document issued by
a bank or other financial institution that is evidence
of a deposit, with the issuer's promise to return
the deposit plus earnings at a specified interest
rate within a specified time period.
Certificate of Eligibility A document issued
by the U.S. Department of Veterans Affairs (VA) certifying
a veteran's eligibility for a VA-guaranteed mortgage
loan.
Chain of Title The history of all of the documents
that have transferred title to a parcel of real property,
starting with the earliest existing document and ending
with the most recent.
Change Orders A change in the original construction
plans ordered by the property owner or general contractor.
Clear Title Ownership that is free of liens,
defects, or other legal encumbrances.
Closing The process of completing a financial
transaction. For mortgage loans, the process of signing
mortgage documents, disbursing funds, and, if applicable,
transferring ownership of the property. In some jurisdictions,
closing is referred to as "escrow," a process
by which a buyer and seller deliver legal documents
to a third party who completes the transaction in
accordance with their instructions.
* Also see "Settlement"
Closing Agent The person or entity that coordinates
the various closing activities, including the preparation
and recordation of closing documents and the disbursement
of funds. (May be referred to as an escrow agent or
settlement agent in some jurisdictions.) Typically
the closing is conducted by title companies, escrow
companies or attorneys.
Closing Costs The fees charged in connection
with a mortgage loan transaction. Money paid by a
buyer (and/or seller or other third party, if applicable)
to effect the closing of a mortgage loan, generally
including, but not limited to a loan origination fee,
title examination and insurance, survey, attorney's
fee, and prepaid items, such as escrow deposits for
taxes and insurance.
Closing Date The date on which the sale of
a property is to be finalized and a loan transaction
completed. Often, a real estate sales professional
coordinates the setting of this date with the buyer,
the seller, the closing agent, and the lender.
Closing Statement * See "HUD-1 Settlement
Statement"
Co-borrower Any borrower other than the first
borrower whose name appears on the application and
mortgage note, even when that person owns the property
jointly with the first borrower and shares liability
for the note.
Collateral An asset that is pledged as security
for a loan. The borrower risks losing the asset if
the loan is not repaid according to the terms of the
loan agreement.
Collection The efforts a lender takes to collect
past due payments.
Commission The fee charged for services performed,
usually based on a percentage of the price of the
items sold (such as the fee a real estate agent earns
on the sale of a house).
Commitment Letter A binding offer by a lender
to loan money at a future date subject to the borrower's
compliance with stated conditions.
Common Areas Those portions of a building,
land, or improvements and amenities owned by a planned
unit development (PUD) or condominium project's homeowners'
association (or a cooperative project's cooperative
corporation) that are used by all of the unit owners,
who share in the common expenses of their operation
and maintenance. Common areas include swimming pools,
tennis courts, and other recreational facilities,
as well as common corridors of buildings, parking
areas, means of ingress and egress, etc.
Comparables An abbreviation for "comparable
properties," which are used as a comparison in
determining the current value of a property that is
being appraised.
Condominium A real estate project in which
each unit owner holds title to an individual unit
in a building, and an undivided interest in the common
areas.
Construction Loan A loan for financing the
cost of construction or improvements to a property;
the lender disburses payments to the builder at periodic
intervals during construction.
Contingency A condition that must be met before
a contract is legally binding. For example, home purchasers
often include a home inspection contingency; the sales
contract is not binding unless and until the purchaser
has the home inspected.
Conventional
Mortgage A mortgage loan that is not insured or
guaranteed by the federal government or one of its
agencies, such as FHA, VA or RHS. Contrast with "Government
Mortgage."
Conversion Option A provision of some adjustable-rate
mortgage (ARM) loans that allows the borrower to change
the ARM to a fixed-rate mortgage at specified times
after loan origination.
Convertible ARM An adjustable-rate mortgage
(ARM) that allows the borrower to convert the loan
to a fixed-rate mortgage under specified conditions.
Cooperative (Co-op) Project A project in which
a corporation holds title to a residential property
and sells shares to individual buyers, who then receive
a proprietary lease as their title.
Cost of Funds Index (COFI) An index that is
used to determine interest rate changes for certain
adjustable-rate mortgage (ARM) plans. It is based
on the weighted monthly average cost of deposits,
advances, and other borrowings of members of the Federal
Home Loan Bank of San Francisco.
Credit Bureau An independent agency that gathers
and maintains information on the debts and repayment
records of individuals and businesses.
Credit History A record of an individual's
debts and repayment record. A credit history helps
a lender to determine whether a potential borrower
has a history of repaying debts in a timely manner.
Credit Life Insurance A type of insurance
that pays off a specific amount of debt or a specified
credit account if the borrower dies while the policy
is in force.
Credit Report A document provided by a credit
reporting agency containing information about an individual's
previous mortgage history, bank loans, credit cards,
and public records dealing with financial matters.
Credit Score A numerical value that ranks
a borrower's credit risk at a given point in time
based on a statistical evaluation of information in
the individual's credit file that has been proven
to be predictive of loan performance.
Creditor A person to whom money is owed.
Debt An amount owed to another.
Debt-to-Income Ratio The relationship between
a borrower's total monthly debt payments (including
proposed housing expenses) and his or her gross monthly
income; this calculation is used in determining the
mortgage amount that a borrower qualifies for.
Deed The legal document conveying title to
a property (i.e., transferring the ownership of real
property from one party to another.)
Deed-in-Lieu of Foreclosure The transfer of
title from a borrower to the lender to satisfy the
mortgage debt and avoid foreclosure. Also called a
"voluntary conveyance."
Deed of Trust A legal document that conveys
title to real estate to a disinterested third party
(a "trustee") who holds the title until
the borrower has repaid the debt. In some states,
this document is used in place of a mortgage.
Default The failure to make a scheduled payment
or otherwise comply with the terms of a mortgage loan
or other contract.
Delinquency Failure to make a payment when
it is due. The condition of a loan when a scheduled
payment has not been received by the due date, but
generally used to refer to a loan for which payment
is 30 or more days past due.
Discount Point A fee paid by the borrower
at closing to reduce the interest rate. A point equals
1 percent of the loan amount.
Down Payment The amount of cash a buyer puts
toward a purchase.
Due-on-sale Clause A provision in a mortgage
that allows the lender to demand repayment in full
of the outstanding balance if the property securing
the mortgage is sold.
Earnest Money Deposit A deposit submitted
with a purchase offer to show that the buyer's offer
is being made in "good faith."
Easement A right to the use of, or access
to, land owned by another.
Employer-Assisted Housing A program in which
companies assist their employees in purchasing homes
by providing assistance with the down payment, closing
costs, or monthly payments.
Encroachment The intrusion onto another's
property without right or permission.
Encumbrance Any claim on a property, such
as a lien, mortgage or easement.
Equal Credit Opportunity Act (ECOA) A federal
law that requires lenders to make credit equally available
without regard to the applicant's race, color, religion,
national origin, age, sex, or marital status; the
fact that all or part of the applicant's income is
derived from a public assistance program; or the fact
that the applicant has in good faith exercised any
right under the Consumer Credit Protection Act.
Equity The owner's interest in a property,
calculated as the current fair market value of the
property less the amount of existing liens.
Escrow An item of value, money, or documents
deposited with a third party to be delivered upon
the fulfillment of a condition. For example, the deposit
by a borrower with the lender of funds to pay taxes
and insurance premiums when they become due, or the
deposit of funds or documents with an attorney or
escrow agent to be disbursed upon the closing of a
sale of real estate.
Escrow Account An account that a mortgage
servicer establishes on behalf of a borrower to pay
taxes, insurance premiums, or other charges when they
are due. Sometimes referred to as an "impound"
or "reserve" account.
Escrow Analysis The accounting that a mortgage
servicer performs to determine the appropriate balances
for the escrow account, compute the borrower's monthly
escrow payments, and determine whether any shortages,
surpluses or deficiencies exist in the account.
Eviction The legal act of removing someone
from real property.
Exclusive Listing A written contract that
gives a licensed real estate agent the exclusive right
to sell a property for a specified time.
Executor A person named in a will and approved
by a probate court to administer the deposition of
an estate in accordance with the instructions of the
will.
Fair Credit Reporting Act A consumer protection
law that regulates the disclosure of consumer credit
reports by credit reporting agencies and specifies
procedures for challenging errors on a credit record.
Fair Market Value The price at which property
would be transferred between a willing buyer and willing
seller, each of whom has a reasonable knowledge of
all pertinent facts and is not under any compulsion
to buy or sell.
Fannie Mae A New York stock exchange company.
It is a public company that operates under a federal
charter and is the nation's largest source of financing
for home mortgages. Fannie Mae does not lend money
directly to consumers, but instead works to ensure
that mortgage funds are available and affordable,
by purchasing mortgage loans from institutions that
lend directly to consumers.
Fannie Mae-Seller/Servicer A lender that Fannie
Mae has approved to sell loans to it and to service
loans on Fannie Mae's behalf.
Fannie Mae/Freddie Mac Loan Limit The current
2004 Fannie Mae/Freddie Mac loan limit for a single-family
home is $333,700 and is higher in Alaska, Guam, Hawaii,
and the U.S. Virgin Islands. The Fannie Mae loan limit
is $427,150 for a two-unit home; $516,300 for a three-unit
home; and $641,650 for a four-unit home. Also referred
to as the "conventional loan limit."
Federal Housing Administration (FHA) An agency
within the U.S. Department of Housing and Urban Development
(HUD) that insures mortgages and loans made by private
lenders.
FHA-Insured
Loan A loan that is insured by the Federal Housing
Administration (FHA) of the U.S. Department of Housing
and Urban Development (HUD).
First Mortgage A mortgage that is the primary
lien against a property.
First Time Home Buyer A person with no ownership
interest in a principal residence during the three-year
period preceding the purchase of the security property.
Fixed-Period Adjustable-Rate Mortgage An adjustable-rate
mortgage (ARM) that offers a fixed rate for an initial
period, typically three to ten years, and then adjusts
every six months, annually, or at another specified
period, for the remainder of the term.
Fixed-Rate Mortgage (FRM) A mortgage loan
in which the interest rate does not change during
the entire term.
Flood Certification Fee A fee charged by independent
mapping firms to identify properties located in areas
designated as flood zones.
Flood Insurance Insurance that compensates
for physical property damage resulting from flooding.
It is required for properties located in federally
designated flood hazard zones.
Foreclosure The legal process by which a property
that is mortgaged as security for a loan may be sold
and the proceeds of the sale applied to the mortgage
debt. A foreclosure occurs when the loan becomes delinquent
because payments have not been made or when the borrower
is in default for a reason other than the failure
to make timely mortgage payments.
Forfeiture The loss of money, property, rights,
or privileges due to a breach of a legal obligation.
Fully Amortized Mortgage A mortgage in which
the monthly payments are designed to retire the obligation
at the end of the mortgage term.
General Contractor A person who oversees a
home improvement or construction project and handles
various aspects such as scheduling workers and ordering
supplies.
Good Faith Estimate (GFE) A form required
by the Real Estate Settlement and Procedures Act (RESPA)
that discloses an estimate of the amount or range
of charges, for specific settlement services the borrower
is likely to incur in connection with the mortgage
transaction.
Government Mortgage A mortgage loan that is
insured or guaranteed by a federal government entity
such as the Federal Housing Administration (FHA) or
guaranteed by the U. S. Department of Veterans Affairs
(VA), or the Rural Housing Service (RHS).
Government National Mortgage Association (Ginnie
Mae) A government-owned corporation within the
U.S. Department of Housing and Urban Development (HUD)
that guarantees securities backed by mortgages that
are insured or guaranteed by other government agencies.
Popularly known as Ginnie Mae.
Ground Rent Payment for the use of land when
title to a property is held as a leasehold estate
(that is, the borrower does not actually own the property,
but has a long-term lease on it).
Growing-Equity Mortgage (GEM) A fixed-rate
mortgage in which the monthly payments increase according
to an agreed-upon schedule, with the extra funds applied
to reduce the loan balance and loan term.
Hazard Insurance Insurance coverage that compensates
for physical damage to a property from fire, wind,
vandalism, or other covered hazards or natural disasters.
Home Equity Conversion Mortgage (HECM) A special
type of mortgage-developed and insured by the Federal
Housing Administration (FHA) that enables older home
owners to convert the equity they have in their homes
into cash, using a variety of payment options to address
their specific financial needs. Sometimes called a
reverse mortgage.
Home Equity Line of Credit A type of revolving
loan, that enables a home owner to obtain multiple
advances of the loan proceeds at his or her own discretion,
up to an amount that represents a specified percentage
of the borrower's equity in the property.
Home Inspection An examination of the construction,
condition and internal systems of a home prior to
purchase; satisfactory home inspection may be a condition
of purchase.
Homeowner's Insurance A broad form of insurance
coverage that combines hazard insurance with personal
liability protection and other coverage.
Homeowner's Warranty (HOW) Insurance offered
by a seller that covers certain home repairs and fixtures
for a specified period of time.
Homeowners' Association An organization of
homeowners residing within a particular area whose
principal purpose is to ensure the provision and maintenance
of community facilities and services for the common
benefit of the residents.
Housing Expense Ratio The percentage of a
borrower's gross monthly income that is devoted to
housing costs.
HUD-1 Settlement Statement A document that
lists all closing costs on a real estate purchase
or refinance transaction. Also known as the "closing
statement" or "settlement sheet."
Income Property Real estate developed or purchased
to produce income, such as a rental unit.
Index A number used to compute the interest
rate for an adjustable-rate mortgage (ARM). The index
is generally a published number or percentage, such
as the average interest rate or yield on U.S. Treasury
bills. A margin is added to the index to determine
the interest rate that will be charged on the ARM.
This interest rate is subject to any caps on the maximum
or minimum interest rate that may be charged on the
mortgage, stated in the note.
Initial Interest Rate The original interest
rate for an adjustable-rate mortgage (ARM). Sometimes
known as the "start rate."
Installment The regular periodic payment that
a borrower agrees to make to a lender.
Installment Debt A loan that is repaid in
accordance with a schedule of payments for a specified
term (such as an automobile loan).
Interest The fee charged for borrowing money,
usually expressed as an annual percentage of the principal.
Interest Accrual Rate The percentage rate
at which interest accumulates or increases on a mortgage
loan.
Interest Rate Cap For an adjustable-rate mortgage,
a limitation on the amount the interest rate can change
per adjustment or over the lifetime of the loan, as
stated in the note.
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 purchased to
generate rental income, tax benefits, or profitable
resale rather than to serve as the borrower's primary
residence. Contrast with "second home."
Judgment Lien A lien on the property of a
debtor resulting from the decree of a court.
Jumbo Loan A loan that exceeds the mortgage
amount eligible for purchase by Fannie Mae or Freddie
Mac. Also called "nonconforming loan."
Junior Mortgage A loan that is subordinate
to the primary loan or first-lien mortgage loan, such
as a second or third mortgage.
Late Charge A penalty imposed by the lender
when a borrower fails to make a scheduled payment
on time.
Lease-Purchase Option An option sometimes
used by sellers to rent a property to a consumer,
who has the option to buy the home within a specified
period of time. Typically, part of each rental payment
is put aside for the purpose of accumulating funds
to pay the down payment and closing costs.
Liabilities A person's debts and other financial
obligations.
Liability Insurance Insurance coverage that
protects property owners against claims of negligence,
personal injury or property damage to another party.
LIBOR-Index An index used to determine interest
rate changes for certain ARM plans, based on the average
interest rate at which international banks lend to
or borrow funds from the London Interbank Market.
Lien A legal encumbrance or claim on property
as security for a debt.
Lifetime Cap For an adjustable-rate mortgage
(ARM), a limit on the amount that the interest rate
or monthly payment can increase or decrease over the
life of the loan.
Liquid Asset A cash asset or an asset that
is easily converted into cash.
Loan Origination The process by which a lender
makes a loan which may include taking a loan application,
processing and underwriting the application, and closing
the loan.
Loan Origination Fee A fee to cover some of
the administrative costs of processing a loan. It
is often expressed in points. One point is equal to
1 percent of the loan amount.
Loan-To-Value (LTV) Ratio The relationship
between the loan amount and the value of the property
(the lower of appraised value or sales price), expressed
as a percentage of the property's value. For example,
a $100,000 home with an $80,000 mortgage has an LTV
of 80 percent.
Lock-in An agreement in which the lender agrees
to "lock-in" the borrower's interest rate
for a set period of time before closing.
Manufactured Housing Homes that are built
entirely in a factory in accordance with a federal
building code administered by the U.S. Department
of Housing and Urban Development (HUD). Manufactured
homes may be single- or multi-section and are transported
from the factory to a site and installed. Homes that
are permanently affixed to a foundation often may
be classified as real property under applicable state
law, and may be financed with a mortgage. Homes that
are not permanently affixed to a foundation generally
are classified as personal property, and are financed
with a retail installment sales agreement.
Margin For an adjustable-rate mortgage (ARM),
the amount that is added to the index to determine
the interest rate on each adjustment date, as stated
in the note.
Maturity Date The date on which a mortgage
loan is scheduled to be paid in full, as stated in
the note.
Merged Credit Report A credit report issued
by a credit reporting company that combines information
from the three major credit repositories.
Modification Any change to the terms of a
mortgage loan, including changes to the interest rate,
loan balance, or loan term.
Money Market Account A type of investment
in which funds are invested in short term securities.
Mortgage A loan to finance the purchase of
real estate, for which the borrower pledges the real
property as security for the repayment of the loan.
The borrower gives the lender a lien on the property
as collateral for the loan.
Mortgage Banker A company that specializes
in originating real estate loans, and typically uses
its own funds or warehouse line of credit to close
loans.
Mortgage Broker An individual or firm that
brings borrowers and lenders together for the purpose
of loan origination. A mortgage broker typically takes
loan applications and may process loans, but generally
does not use its own funds to close the loan. Mortgage
brokers often act as independent contractors and not
as an agent of the borrower or lender.
Mortgage Insurance (MI) Insurance that protects
lenders against losses caused by a borrower's default
on a mortgage loan. MI typically is required if the
borrower's down payment is less than 20% of the purchase
price.
Mortgage Insurance Premium (MIP) The amount
paid by a borrower for mortgage insurance, either
to a government agency such as the Federal Housing
Administration (FHA) or to a private mortgage insurance
(PMI) company.
Mortgage Life Insurance A type of insurance
that will pay off a mortgage if the borrower dies
while the loan is outstanding; a form of credit life
insurance.
Mortgagee The institution or individual to
whom a mortgage is given; the lender.
Mortgagor The owner of real estate who pledges
property as security for the repayment of a debt;
the borrower.
Multifamily Mortgage A mortgage loan on a
building with more than four dwelling units.
Multifamily Properties Typically, buildings
with five or more dwelling units.
Negative Amortization An increase in the balance
of a loan caused by adding unpaid interest to the
loan balance; this occurs when the payment does not
cover the interest due.
Net Worth The value of a company or individual's
assets, including cash, less total liabilities.
Nonliquid Asset An asset that cannot easily
be converted into cash.
Note A written promise to pay a specified
amount under the agreed upon conditions.
Note Rate The interest rate stated on a mortgage
note, or other loan agreement.
Original Principal Balance The total amount
of principal owed on a mortgage before any payments
are made.
Origination Fee A fee paid to a lender to
cover the administrative costs of processing a loan
application. The origination fee typically is stated
in the form of points. One point is 1 percent of the
mortgage amount.
Owner Financing A transaction in which the
property seller provides all or part of the financing
for the buyer's purchase of the property.
Owner Occupied Property A property that serves
as the borrower's primary residence.
Partial Payment A payment that is less than
the scheduled monthly payment on a mortgage loan.
Payment Change Date The date on which a new
monthly payment amount takes effect, for example,
on an adjustable-rate mortgage (ARM) loan.
Payment Cap For an adjustable-rate mortgage
(ARM) or other variable rate loan, a limit on the
amount that payments can increase or decrease during
any one adjustment period.
Personal Property Any property that is not
real property.
PITI An acronym for the four primary components
of a monthly mortgage payment: principle, interest,
taxes, and insurance (PITI).
PITI Reserves A cash amount that a borrower
has available after making a down payment and paying
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.
Planned Unit Development (PUD) A real estate
project in which individuals hold title to a residential
lot and home while the common facilities are owned
and maintained by a homeowners' association for the
benefit and use of the individual PUD unit owners.
Point An amount equal to 1 percent of the
loan amount.
Power of Attorney A legal document that authorizes
another person to act on one's behalf. A power of
attorney can grant complete authority or can be limited
to certain acts and/or certain periods of time.
Pre-Approval A process by which a lender provides
a prospective borrower with an indication of how much
money he or she will be eligible to borrow when applying
for a mortgage loan. This process typically includes
a review of the applicant???s credit history and may
involve the review and verification of income and
assets to close.
Pre-Qualification A preliminary assessment
by a lender of the amount it will lend to a potential
homebuyer. The process of determining how much money
a prospective home buyer may be eligible to borrow
before he or she applies for a loan.
Prepayment Any amount paid to reduce the principal
balance of a loan before the scheduled due date.
Prepayment Penalty A fee that a borrower may
be required to pay to the lender, in the early years
of a mortgage loan, for repaying the loan in full
or prepaying a substantial amount to reduce the unpaid
principle balance.
Principal The amount if money owed on a loan,
excluding interest. Also, the part of the monthly
payment that reduces the remaining balance of a mortgage.
Private Mortgage Insurance (PMI) Insurance
for conventional mortgage loans that protects the
lender from loss in the event of default by the borrower.
Promissory Note A written promise to repay
a specified amount over a specified period of time.
Purchase and Sale Agreement A document that
details the price and conditions for a transaction.
In connection with the sale of a residential property,
the agreement typically would include: information
about the property to be sold, sale price, down payment,
earnest money deposit, financing, closing date, occupancy
date, length of time the offer is valid, and any special
contingencies.
Purchase Money Mortgage A mortgage loan that
enables a borrower to acquire a property.
Qualifying Guidelines Criteria used to determine
eligibility for a loan.
Qualifying Ratios Calculations that are used
in determining the loan amount that a borrower qualifies
for, typically a comparison of the borrower's total
monthly income to monthly debt payments and other
recurring monthly obligations.
Quality Control A system of safeguards to
ensure that loans are originated, underwritten and
serviced according to the lender's standards and,
if applicable, the standards of the investor, governmental
agency, or mortgage insurer.
Rate Caps For an adjustable rate mortgage
loan, the maximum interest rate that may be charged,
either at the time of each adjustment date or over
the life of the loan.
Rate Lock An agreement in which a lender "locks
in" or guarantees an interest rate for a specified
period of time prior to closing. * See also "Lock-in"
Real Estate Settlement Procedures Act (RESPA)
A federal law that requires lenders to provide home
mortgage borrowers with information about transaction-related
costs prior to settlement, as well as information
during the life of the loan regarding servicing and
escrow accounts. RESPA also, prohibits kickbacks and
unearned fees in the mortgage loan business.
Real Property Land and anything permanently
affixed thereto including buildings, fences,
trees, and minerals.
Recorder The public official who keeps records
of transactions that affect real property in the area.
Sometimes known as a "Registrar of Deeds"
or "County Clerk."
Recording The filing of a lien or other legal
documents in the appropriate public record.
Refinance Transaction The process of paying
off one loan with the proceeds from a new loan using
the same property as security.
Rehabilitation Mortgage A mortgage loan made
to cover the costs of repairing, improving, and sometimes
acquiring an existing property.
Remaining Term The original number of payments
due on the loan minus the number of payments that
have been applied.
Repayment Plan An arrangement by which a borrower
agrees to make additional payments to pay down past
due amounts while still making regularly scheduled
payments.
Rescission The cancellation or annulment of
a transaction or contract by operation of law or by
mutual consent. Borrowers may have a right to cancel
certain mortgage refinance transactions within three
business days after closing, or for up to three years
in certain instances.
Revolving Debt Credit that is extended by
a creditor under a plan in which (1) the creditor
contemplates repeated transactions; (2) the creditor
may impose a finance charge from time to time on an
outstanding unpaid balance; and (3) the amount of
credit that may be extended to the consumer during
the term of the plan is generally made available to
the extent that any outstanding balance is repaid.
Right of First Refusal A provision in an agreement
that requires the owner of a property to give another
party the first opportunity to purchase or lease the
property before he or she offers it for sale or lease
to others.
Rural Housing Service (RHS) An agency within
the U.S. Department of Agriculture (USDA), which operates
a range of programs to help rural communities and
individuals by providing loan and grants for housing
and community facilities. The agency also works with
private lenders to guarantee loans for the purchase
or construction of single-family housing.
Sale-Leaseback A transaction in which the
buyer leases the property back to the seller for a
specified period of time.
Second Mortgage A mortgage that has a lien
position subordinate to the first mortgage.
Secondary Mortgage Market The market in which
mortgage loan and mortgage-backed securities are bought
and sold.
Secured Loan A loan that is backed by property
such as a house, car, jewelry, etc.
Security The property that will be given or
pledged as collateral for a loan.
Seller Take-Back An agreement in which the
seller of a property provides financing to the buyer
for the home purchase. * See also "Owner Financing"
Servicer A firm that performs servicing functions,
including collecting mortgage payments, paying the
borrower's taxes and insurance and generally managing
borrower escrow accounts.
Servicing The tasks a lender performs to protect
the mortgage investment, including the collection
of mortgage payments, escrow administration, and delinquency
management.
Settlement The process of completing a loan
transaction at which time the mortgage documents are
signed and then recorded, funds are disbursed, and
the property is transferred to the buyer (if applicable).
Also called closing or escrow in different jurisdictions.
* See also "Closing"
Settlement Statement A document that lists
all closing costs on a real estate purchase or refinance
transaction.
Single-Family Properties One- to four-unit
properties including detached homes, townhouses, condominiums,
and cooperatives, and manufactured homes attached
to a permanent foundation and classified as real property
under applicable state law.
Soft Second Loan A second mortgage whose payment
is forgiven or is deferred until resale of the property.
Soldiers and Sailors Civil Relief Act A federal
law that restricts the enforcement of civilian debts
against military personnel who may not be able to
pay because of active military service.
Subordinate Financing Any mortgage or other
lien with lower priority than the first mortgage.
Survey A precise measurement of a property
by a licensed surveyor, showing legal boundaries of
a property and the dimensions and location of improvements.
Sweat Equity A borrower's contribution to
the down payment for the purchase of a property in
the form of labor or services rather than cash.
Taxes and Insurance Funds collected as part
of the borrower's monthly payment and held in escrow
for the payment of the borrower's state and local
property taxes and insurance premiums.
Termite Inspection An inspection to determine
whether a property has termite infestation or termite
damage. In many parts of the country, a home must
be inspected for termites before it can be sold.
Third-Party Origination A process by which
a lender uses another party to completely or partially
originate, process, underwrite, close, fund, or package
a mortgage loan. * See also "Mortgage Broker"
Title A legal document evidencing a person's
right to or ownership of a property.
Title Insurance Insurance that protects the
lender (lender's policy) or the buyer (owner's policy)
against losses arising from defects in the title not
listed in the title report or abstract.
Title Search A check of the public records
to ensure that the seller is the legal owner of the
property and to identify any liens or claims against
the property.
Trade Equity Real Estate or assets given to
the seller as part of the down payment for the property.
Transfer Tax State or local tax payable when
title to property passes from one owner to another.
Treasury Index An index that is used to determine
interest rate changes for certain adjustable-rate
mortgage (ARM) plans. It is based on the results of
auctions by the U.S. Treasury of Treasury bills and
securities.
Truth-in-Lending A federal law intended to
promote the informed use of consumer credit by requiring
disclosure about its terms and costs. Creditors are
required to disclose the cost of credit as a dollar
amount (the finance charge) and as an annual percentage
rate (APR).
Two- to Four- Family Property A residential
property that provides living space (dwelling units)
for two to four families, although ownership of the
structure is evidenced by a single deed; a loan secured
by such a property is considered to be a single-family
mortgage.
Underwriting In mortgage lending, the process
of evaluating a loan application to determine the
risk involved for the lender. Underwriting involves
an analysis of the borrower's creditworthiness, ability
to repay the loan, and the value of the property securing
the loan.
Unsecured Loan A loan that is not backed by
collateral.
Veterans Affairs (U.S. Department of Veterans
Affairs) A federal government agency that provides
benefits to veterans and their dependents, including
health care, educational assistance, financial assistance,
and guaranteed home loans.
VA Guaranteed
Loan A mortgage loan that is guaranteed by the
U.S. Department of Veterans Affairs (VA).