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ACCELERATION CLAUSE:
A clause in a mortgage or loan. If the borrower fails to live up to her
obligations under the mortgage, the lender has the legal right to demand
that the full principal of the mortgage may become due and payable
immediately upon the failure.
ACCRUED:
An adjective describing something that has come into existence but has
not yet been claimed by or distributed to its rightful owner.
ACCRUED INTEREST:
Interest which has already been earned but has not yet been paid.
ACT OF GOD:
When used in insurance policies, an event caused by natural forces such
as rain, lightning, floods or earthquakes which results in damage to
property or chattels.
ADC LOAN:
A loan that finances the three major phases of a land development
project: (i) acquisition, (ii) development and (iii) construction.
ADDITIONAL PRINCIPAL PAYMENT:
A one-time or lump-sum payment made by a borrower in addition to the
regular payments on a loan or mortgage which reduces the principal owing
on the debt.
ADJUSTABLE RATE MORTGAGE (ARM):
Also known as a Variable Rate Mortgage,
a loan secured against land which has an interest rate that changes
according to some outside index -- such as the federal prime rate or the
interest rate paid on government bonds -- over the term of the mortgage.
The change in interest rate will result in a change in the periodic
payments due under the mortgage.
ADJUSTMENT DATE:
Mortgage term usually preceded by the word "Interest" (i.e.
"Interest Adjustment Date"). The date soon after the
completion of a purchase and mortgage transaction on which the borrower
must make a payment of accumulated interest only, usually used to place
the periodic payment dates for the mortgage at the first day of the
month (i.e. you borrow on March 18, your interest adjustment date is
April 1 and your first regular monthly payment is May 1).
ADJUSTMENT INTERVAL:
Also known as Adjustment Period. The period of time (i.e. week, month,
year) between changes in the interest rate charged on a adjustable-rate
mortgage.
ADJUSTMENT PERIOD:
See Adjustment Interval.
ADVANCE:
Verb: to deliver a portion of money borrowed under a mortgage or loan
before the loan instrument requires the money to be delivered.
Noun: the money so delivered.
ALIENATION CLAUSE:
A term of a mortgage which allows the creditor to demand payment in full
of principal and interest due upon the sale of the property.
AMORTIZATION:
The preparation of a payment plan for a loan which allows for equal
payments to be made to the creditor at consistent intervals over the
life of the loan (the amortization period). Each payment covers interest
accrued over the interval period with the remainder of the payment being
applied to reduce the principal owed. If every payment is made on time
and in full over the amortization period, the loan will be completely
repaid at the end of the amortization period.
AMORTIZATION SCHEDULE:
The printed table of the payments to be made on an amortized loan
showing the date and amount of each payment, the amount of each payment
which will be applied to interest and to principal and the balance of
principal still outstanding on the loan after the payment is made.
ANACONDA MORTGAGE:
A specific kind of mortgage. Contains a clause that states that it
secures all debts owed to the mortgagee by the
mortgagor and applies to rules of the mortgage to all such debts. Clause
is also known as a Mother Hubbard clause.
ANNUAL DEBT SERVICE:
The total amount required to service a loan in a given year.
ANNUAL LOAN CONSTANT:
Ration of Annual Debt Service to original principal of the loan. Also
known as a mortgage constant.
ANNUAL MORTGAGOR STATEMENT:
Document sent by the lender to the mortgagor each year which sets out
amounts paid for principal, interest and taxes in the given year and the
amount still owing on the principal of the mortgage at the end of the
year.
ANNUAL PERCENTAGE RATE (A.P.R.):
A rate designed to allow for the comparison of one type of loan to
another. The annual cost of borrowing under a given form of loan
(includes in the calculation compounded interest, cost of borrowing
etc.). Required to be disclosed by the lender under the American Truth
in Lending Act, Regulation Z.
APPLICATION:
A form filled out in order to allow a lender to consider a person for a
mortgage or loan. Will contain personal and financial and personal
information on the applicant.
APPLICATION FEE:
The fees the lender charges the applicant. May include costs of a
property appraisal and a credit report on the applicant. May be payable
by applicant even if loan is not approved.
APPRAISAL:
An estimation of the value of a property on a certain date given by a
qualified person, usually after an inspection of the property.
APPRAISAL PRINCIPLES:
Elements to be considered by an appraiser in appraising the value of a
property, such as competition, supply and demand.
APPRAISAL PROCESS:
A standardized approach to appraising a property, to allow for accuracy
and consistency.
APPRAISAL REPORT:
Documentation to support an appraisal of a property. Varies in length
but sets out elements considered, positive and negative aspects of
property etc.
APPRAISED VALUE:
The estimated market value of a property on a given date, given by a
qualified person as a result of an inspection of the property and a
consideration of other market forces.
APPRAISER:
A professional who has been trained to assess the value of property.
APPROACHES TO VALUE:
Different methods by which appraisers estimate the value of a property.
Include: (1) cost approach, (2) comparison approach, and (3) income
approach.
ARREARS:
Money which is not paid when due, under a payment plan or amortization
schedule. Could lead to enforcement of loan agreement by lender
ASSIGN:
To transfer interest in a property, contract, right etc..
ASSIGNEE:
The person to whom an interest is transferred. An assignee of an
Agreement of Purchase and Sale may buy the property and enforce the
contract in the same fashion as the original party.
ASSIGNMENT:
The transfer of any right, claim or interest to another person or
corporation. Often used to refer to the transfer of a mortgage from one
lender to another. Also a noun describing the document which represents
the assignment of the right etc.
ASSIGNOR:
The person who assigns a right or interest to another person.
ASSUMABLE MORTGAGE:
A mortgage that can be taken over ("assumed") by the buyer
when a home is sold. If interest rates have risen, an assumable mortgage
at a low rate may prove a selling point for the property.
ASSUMPTION CLAUSE:
The paragraph in the mortgage which sets out the borrower's right to
have the mortgage assumed by a purchaser.
ASSUMPTION FEE:
A charge levied by the lender (usually against the party assuming the
mortgage) for the privilege of assuming a mortgage. May be a fixed
amount or a percentage of outstanding principal on the mortgage at the
time of the assumption.
ASSUMPTION OF MORTGAGE:
The agreement of a purchaser to take on personal liability for a
mortgage already registered on title to the property and to make
payments under the mortgage. Purchaser takes the place of the vendor in
the contract with the lender.
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Mortgage Glossary
BACK END RATIO:
A comparison of a borrower's monthly expenses to her gross monthly
income used to assess her ability to carry a mortgage or other loan.
BALANCE:
Often as in "balance due," the amount of principal on a loan
remaining to be paid at any given time.
BALLOON (LOAN) MORTGAGE:
A loan which is repaid by a series of small, periodic payments until a
given date, when either the balance comes due in a single, large payment
or the amount of the payments rises significantly.
BALLOON PAYMENT:
The single, large payment which pays out the balance due on a balloon
mortgage.
BIWEEKLY LOAN OR MORTGAGE:
A loan which features payments equaling one half of the usual monthly
payment made every two weeks (to total 26 in a year), thus substantially
reducing the life of the mortgage and the interest payable over the life
of the mortgage.
BLANKET MORTGAGE:
Where one loan is secured against more than one parcel of land.
BLENDED RATE:
Created when an old loan is refinanced and extended at an interest rate
which is different from the original rate: the old debt is still payable
at the old rate; the new debt is payable at the new rate; the total
amount of the debt is payable at a rate of interest that is somewhere
between the two rates.
BORROWER (MORTGAGOR):
The person or company that receives money from a lender (often a bank,
credit union or trust company) in exchange for a written promise to pay
and a registered lien on property.
BRIDGE FINANCING:
Also known as a "swing loan," a loan
used to fill a gap in financing, often between the purchase of a new
home and the sale of the old one. If the purchase closes before the
sale, the home owner needs to borrow enough money to pay for the new
house for the period of time before the equity in his old house comes
available as a result of the completion of the sale.
BUDGET MORTGAGE:
A mortgage in which the borrower is required to make periodic payments
not only for interest and principal, but also for insurance premiums and
realty tax installments.
BUY DOWN (ACCOUNT OR MORTGAGE):
The payment of extra money on a loan now so as to reduce the interest
rate over a given period or over the life of the loan. This extra
payment may be made by the borrower, by the lender (as an incentive to
the borrower to borrow from the lender) or by the vendor/builder (as an
incentive to the borrower to buy a certain property).
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Mortgage Glossary
CALL OPTION (PROVISIONS, RIGHTS):
A lender's right to demand payment of the outstanding balance of the
loan at a time specified in the loan agreement.
CAP:
A limit. In variable rate mortgages, a limit as to how high periodic
payments may go or how much the interest may change within a given time
period or over the life of the mortgage.
CASH RESERVE:
An amount of money that the purchaser of a property still has after the
transaction closes. Some lenders require a certain level of cash reserve
(equal to two payments) before granting a mortgage.
CASH-OUT REFINANCE:
When an owner renegotiates or negotiates a new mortgage and the proceeds
of the new financing exceed the money required to pay out the old
mortgage and any other costs, liens or expenses, leaving money for the
borrower.
CEILING:
The limit over which the interest rate on a variable
rate mortgage may not rise over the life of the loan.
CERTIFICATE OF ELIGIBILITY:
Document issued by the Department of Veteran's Affairs to qualifying
veterans which entitles them to apply for subsidized or guaranteed
loans.
CERTIFICATE OF REASONABLE VALUE (CRV):
Document issued by the Department of Veterans Affairs (VA). Based on an
appraisal, sets out market value of a particular property for the
purposes of establishing maximum principal amount available for a VA
mortgage on the property.
CERTIFICATE OF SATISFACTION:
Document registered on title which provides evidence from the lender
that a loan instrument (deed of trust, mortgage, other lien) has been
paid out and released.
CERTIFICATE OF VETERAN STATUS:
Document issued by Department of Veteran's Affairs confirming that the
person named in the Certificate has served at least 90 days of
continuous active duty (including training time) and is eligible for
certain VA benefits (such as a VA mortgage).
CHANGE FREQUENCY:
Term describing the period of time between changes in the interest rate
and/or payments of a variable rate (adjustable
rate) mortgage or loan (i.e. one week, one month etc.).
CHATTEL MORTGAGE:
A debt secured against items of personal property rather than against
land, buildings and fixtures.
CLOSED MORTGAGE:
A land loan that cannot be prepaid or re-negotiated before the end of
its term without the payment of an interest penalty.
CLOSED-END MORTGAGE:
A mortgage with a set principal amount which cannot be inNARsed or
extended during the life of the mortgage.
COLLATERAL:
Property (real or personal) which is pledged to secure a loan or
mortgage. If the debt is not paid, the lender has the right to sell the
collateral to recoup the outstanding principal and interest on the loan.
COLLATERAL MORTGAGE:
A loan which is secured by some sort of written note of indebtedness
(such as a Promissory Note) which is secondarily secured by a mortgage
registered against a property.
COLLECTION:
The act of pursuing a debtor who is delinquent on his loan payments.
CO-MAKER:
Also known a guarantor. Someone who signs a loan document along with the
principal borrower, pledging to be responsible for the loan should the
borrower fail to pay it.
COMMITMENT:
A promise, usually in writing, to provide a mortgage or other loan. May
also be used in insurance field. Sets out details of mortgage,
insurance. Often referred to as Commitment Letter or Binder.
COMMITMENT FEE:
The fee charged by the lender to commit itself to a mortgage or loan on
specific terms.
COMMUNITY HOME BUYER'S PROGRAM:
Program established to find creative ways to finance home purchases for
people with modest income.
COMMUNITY HOME IMPROVEMENT MORTGAGE LOAN:
A loan for up to 95% of the value of the property to allow persons of
modest income to become homeowners or to make improvements to their
existing homes.
COMPOUND INTEREST:
As opposed to simple interest. The accumulation of interest on a loan
over time where interest is charged not only on the principal of the
loan but also on all interest accrued against the principal to the end
of the last compound period.
CONSTANT PAYMENT LOAN:
A type of loan which requires equal, periodic payments over a certain
term, at the end of which the amount owing under the loan will be
completely paid out.
CONSTRUCTION LOAN:
A structured, short-term loan to a builder or developer to allow for the
development of land. Funds are advanced at certain stages of the
development project to pay for specific expenses, fees or costs.
CONSUMER REPORTING AGENCY (OR BUREAU):
Also known as Credit Bureau. The source to which the banks or other
lenders turn for information on the credit history of an applicant.
CONVENTIONAL LOAN:
1. A loan or mortgage to which the normal rules of such transactions
apply without the inclusion of a government program (i.e. VA or FHA
insurance).
2. A loan or mortgage with a fixed interest rate, fixed payments and a
fixed term.
CONVERSION CLAUSE:
A provision in a variable rate mortgage (adjustable
rate mortgage) which allows the borrow to change the mortgage to a
fixed rate mortgage upon the occurrence of certain events.
CONVERTIBILITY CLAUSE:
See "Conversion Clause".
COVENANT:
A promise contained in a contract or agreement.
CREATIVE FINANCING:
An arrangement for the financing of the purchase of a property which is
outside the normal practice of residential financing.
CREDIT:
1. The ability to access money, to use money prior to earning it.
2. The accounting term for a liability or for equity, entered on the
right side of the ledger.
3. As a verb, to allot for the benefit of a person (i.e. You must credit
the Purchaser on closing for the deposit paid).
CREDIT HISTORY:
A statement of the debts and obligations, whether current or past, of a
person which helps a lender to assess the risk of a loan to that person.
CREDIT LIFE INSURANCE:
A form of insurance which is designed specifically to pay out the debts
of the insured person in case of their death.
CREDIT LIMIT:
The maximum amount available to a person under a loan, credit card or
other borrowing arrangement.
CREDIT RATING:
Based on an analysis of a person's credit history, an evaluation of that
person's ability to manage a new debt or debts overall.
CREDIT RISK:
The potential for a borrower to fail to live up to her obligations under
a loan arrangement.
CREDITOR:
Any person to whom money is owed. May be secured (the debt has been
registered against the property of the debtor) or unsecured.
CUMULATIVE INTEREST:
The total amount charged as interest on a loan or mortgage to a certain
date.
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Mortgage Glossary
DATE OF APPRAISAL:
The precise day, month and year upon which an assessment of the value of
a property has been given.
DEBT:
1. An obligation to another person.
2. That obligation which is created by borrowing.
3. The total of all financial obligations of a person or corporation.
DEBT COVERAGE RATIO (DCR):
A comparison of the net income of a property with the cost of payments
(principal and interest) on the mortgage on the property, used to assess
the ability of the property to generate enough income to pay for itself.
DEBT EQUITY RATIO:
A comparison of the amount owing on a property with the equity (value of
property minus amount owing).
DEBT FINANCING:
Paying for the purchase of a property with credit.
DEBT RATIO:
Also known as Debt-to-Income ratio. A comparison of the total monthly
payments of all of the borrower's debts (including the mortgage) with
the gross monthly income of the borrower, used to assess borrower's
ability to pay mortgage.
DEBT SERVICE:
The mortgage payment for a given period of time.
DEBTOR:
A person who has borrowed and therefore owes (opposite of Creditor).
DECREE OF FORECLOSURE:
An order of the Court setting out the amount outstanding on a delinquent
mortgage and ordering the sale of the property to pay the mortgagee.
DEED IN LIEU OF FORECLOSURE:
A legal instrument in which a borrower conveys property to a lender
under a mortgage to save the expense of foreclosure. See also quit-claim
deed.
DEDUCTION:
An amount of money held back by the lender from the mortgage advance.
Could be for appraisal fee, commitment fee, interest adjustment or for
realty tax account.
DEED OF RELEASE:
A legal instrument signed by lien claimants or mortgagees which gives up
their claim to the property. See Discharge.
DEFAULT:
Failure. In mortgages, the failure to make payments in full, on time or
at all or to live up to any other obligations placed on the borrower by
the loan agreement.
DEFEASANCE CLAUSE:
A clause in a mortgage which ensures that, once the borrower has met all
of her obligations under the terms of the mortgage and paid out the
entire principle and interest borrowed, the lender's legal interest in
the property is extinguished.
DEFERRED INTEREST:
Interest which is not paid as it accumulates but which is added,
instead, to the loan principle.
DEFERRED INTEREST MORTGAGE:
A technique for reducing the amount of each periodic payment on a
mortgage monthly by postponing the payment of a portion of the interest
until a certain date in the future (or to when the property is sold), at
which time the interest postponed is added to the principle owing.
DEFICIENCY JUDGMENT:
A Court order against a borrower under a mortgage to pay to the lender
an amount sufficient to make up for the difference between what the
borrower owes under the mortgage and the amount the lender sold the
property for under a mortgage remedy action.
DELINQUENCY:
The condition of being late on a payment but not yet in default.
DEMAND LOAN:
A type of loan where the lender may require payment in full of the
principal (and accumulated interest) at any time.
DEPARTMENT OF VETERANS AFFAIRS (VA):
An independent federal agency which oversees programs for military
veterans, including loan and mortgage programs.
DEPOSIT OF TITLE DEEDS:
When a lender requires ownership documents to be left with it as further
security for a loan.
DEVELOPMENT LOAN:
A loan specifically designed to finance the transformation of a vacant
tract into a new survey. May provide for money to be advanced as the
stages of the development are completed.
DIRECT REDUCTION MORTGAGE:
A kind of mortgage where the principal and interest to be paid are based
on the principal remaining. An amortized mortgage.
DISCHARGE:
1. A document registered to remove a mortgage from title to a property.
2. To payout out a debt.
3. To meet one's obligations.
DISCLOSURE STATEMENT:
A document issued by a lender to a borrower in which the lender sets out
the terms and conditions of the loan. Often required under legislation.
DISCOUNT:
A sum of money held back from a mortgage advance as prepared interest.
DISCOUNT POINT:
See point.
Each point is equal to 1% of the principal.
DISCOUNT RATE:
A benchmark for interest rates, the rate charged by the Federal Reserve
System on loans to banks.
DISTRESS:
The right of a party to sell the real or personal property of another
party to pay for arrears in rent or loan payments.
DISTRESSED PROPERTY:
A property which is to be sold as a result of payment arrears on a
mortgage.
DOWN PAYMENT:
The amount of money provided by the Purchaser toward the total price of
the property (not including legal fees or other acquisition costs). In
general, down payment plus mortgage equals purchase price.
DRAGNET CLAUSE:
A term of a mortgage which establishes the subject property as security
for the present and for all future debts of the owner to the lender.
DRY MORTGAGE:
Also known as "non-recourse loan" because the lender has no
personal right of action against the property owner in the event of
default. The lender may only sell the property to enforce the loan
obligation.
DUE DATE:
The date established in the loan agreement upon which all moneys then
outstanding on the loan become due and payable in full.
DUE ON SALE CLAUSE:
A clause in a mortgage which requires that the mortgage be paid out in
full upon the sale of the property against which it is secured. A
mortgage with this clause may not be assumed by a purchaser.
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Mortgage Glossary
EFFECTIVE GROSS INCOME:
1. For borrowers, the actual amount of money earned from stable sources
over a set period (i.e. a month) before taxes and expenses are deducted.
2. For rental properties, the amount of income the property will produce
if leased at market value before costs, taxes, upkeep and discounts for
vacancy are deducted.
EFFECTIVE RATE:
The actual rate (or interest or return) once all factors are accounted
for (factors include compounding of interest or costs of earning the
return).
ENTITLEMENT:
1. The legal right to a benefit or program.
2. Name for the VA home loan benefit.
EQUITY:
The difference, in dollars, between the market value of a property and
the principal owing on debts secured against the property. The amount of
money the owner will be able to keep from a sale transaction once the
mortgages are paid out. Also known as "owner's interest."
EQUITY BUILDUP:
The increase over time of the owner's interest in a property, the
difference between the value of the property and the amount owed on the
mortgage.
EQUITY LOAN:
A loan to a home owner secured against the equity the owner enjoys in
the property.
EQUITY OF REDEMPTION:
The right a borrower has to pay out in full a mortgage against a
property that has gone into foreclosure or power of sale proceedings,
thus redeeming the property.
ESCROW COLLECTIONS:
Moneys taken in by the agent and set aside for future payments as
required by the contract (i.e., in a mortgage situation, for taxes,
insurance, etc. on the property). Also known as "escrow
deposits," "impounds" or "reserves."
ESCROW DEPOSIT:
Similar to "escrow collections," the deposit of funds for the
purpose of future payments required under the contract.
ESCROW DISBURSEMENTS:
The payment out of escrow funds of taxes, insurance, etc. as required by
the contract. Also known as "escrow payments."
ESCROW REIMBURSEMENT:
The return to the borrower of left over funds held in escrow once the
debt has been paid out.
EXCULPATORY CLAUSE:
The term of a mortgage giving the borrower the right simply to surrender
the property to the lender as payment for the loan without personal
liability to the borrower for any shortfall.
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Mortgage Glossary
FACE RATE OF INTEREST:
The rate of interest chargeable on a loan as set out in the loan
document.
FACE VALUE:
The value of an item as set out in the instrument creating it or
representing it.
FAIR CREDIT REPORTING ACT:
A law which standardizes the form and rules of disclosure of credit
reports created by consumer/credit reporting agencies and establishes
procedures the correction of errors on a person's credit report.
FANNIE MAE:
The U.S.'s largest supplier of mortgages to home buyers and owners, a
corporation established by Congress. the Federal National Mortgage
Association (FNMA).
FARM MORTGAGE:
A mortgage secured against agricultural land.
FARMER'S HOME ADMINISTRATION (FMHA):
U. S. Department of Agriculture agency providing financing for farmers,
residents of rural areas, etc.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC):
A U.S. Government agency providing insurance to depositors of money into
financial institutions up to a certain amount.
FEDERAL HOME BOARD:
U.S. board that regulates federal savings and loan associations.
FEDERAL HOUSING ADMINISTRATION (FHA): Division of the
Department of Housing and Urban Development, sets standards for the
underwriting private mortgages. Also insures residential mortgages made
by private lenders.
FEDERAL LAND BANKS: Local banks providing long-term mortgages
to farmers and owners of agricultural lands.
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA):
See "Fannie Mae."
FEDERAL RESERVE BANK:
One of a set of twelve banks servicing one of twelve reserve districts
in the U.S.A.
FEDERAL RESERVE SYSTEM (FRS):
The central bank of the United States, controls supply of money, credit
availability and benchmark interest rates. Made up of the twelve Federal
Reserve Banks.
FEE APPRAISER:
A person estimates the value of a property for a fee.
FEES:
1. The money required at the outset by a lender from the borrower or
held back from the mortgage advance.
2. The amounts charged by a professional for services rendered.
FIFTEEN-YEAR MORTGAGE:
A loan with payments amortized over a fifteen-year period, rather than
the usual twenty-five-year amortization period.
FINAL VALUE ESTIMATE:
The product of a real estate appraiser's completed work, an assessment
of the value of a property based on all factors and taking into
consideration the different evaluation methods available.
FINANCE CHARGE:
The total cost, in dollars, of a loan or mortgage over its life,
including appraisal/application/commitment fees, financing insurance,
interest paid over the life of the loan.
FINANCIAL INSTITUTION:
A generic term for banks, trust companies, credit unions, and perhaps
other investment companies that deal with money, hold money, invest
money and lend money.
FINANCIAL RISK:
An assessment of the possibility that a given investment or loan will
fail to bring a return and may result in a loss of the original
investment or loan.
FINANCIAL STATEMENT:
A document which sets out the assets, income, expenses and debts of a
person or company to allow a third person to assess that person or
corporation's financial health (i.e. when considering lending money to
that person or corporation).
FINANCING:
The manner in which a proposed purchaser intends to make up the
difference between cash on hand and the purchase price.
FINDER'S FEE:
Commission paid to a mortgage broker for placing a mortgage with a
specific institution.
FIRM COMMITMENT:
A promise from a lender to lend a specific borrower a specified amount
of money on specified terms to be secured against a specific property.
FIRST MORTGAGE:
A mortgage that, when registered, is first in line on the property,
giving the lender superior right to the proceeds of the sale of the
property over other, later claimants.
FIXED INSTALLMENT:
The periodic payment made for principal and interest on a loan.
FIXED RATE MORTGAGE (FRM):
A loan registered on title to the property against which it is secured
which charges an interest rate that does not change over the term of the
mortgage.
FLOATING RATE:
Rate of interest chargeable on a loan that is variable according to a
specified index or the national prime rate. The loan rate is said to
"float" on top of the specified index by a set amount: i.e.
the loan may be set at Prime Rate 2%, meaning if the Prime Rate is 6%,
the loan interest rate will be 8%.
FLOOR:
The lowest the interest rate on a variable or adjustable
rate mortgage may go.
FNMA (FANNIE MAE):
The largest single lender on residential properties in the United
States, generally purchases mortgages from primary lenders.
FORECLOSURE:
An enforcement process in which the lender under a defaulted mortgage
takes title to the property for the purposes of selling it to recoup
moneys owed under the mortgage.
FORFEITURE:
The loss of a right, claim, interest or item of property as a result of
one's failure to meet one's legal obligations.
FORM REPORT:
A standardized appraisal document which requires the appraiser to
present her findings in a prescribed form.
FORWARD COMMITMENT:
A lender's promise to make a loan in the future.
FREDDIE MAC (FHLMC):
Federal Home Loan Mortgage Corporation. A U.s. agency which purchases
first mortgages on residences.
FRONT-END RATIO:
A comparison of a borrower's monthly cost of housing with that
borrower's monthly gross income.
FRONT-END FEE:
A lender's charges to the borrower for the costs of the borrower's
application for the loan.
FULLY AMORTIZING PAYMENT:
A periodic mortgage payment which, if paid consistently throughout the
amortization period of the mortgage, will result in the total principal
and interest owing on the loan being retired at the end of the
amortization period.
FULLY ASSUMABLE MORTGAGE:
A land loan that may be transferred to a new owner without any change to
the terms, as long as the new owner qualifies.
FULLY INDEXED INTEREST RATE:
The interest rate as set out in the variable or adjustable
rate mortgage, equaling the index rate plus the float of the
mortgage.
FUNDING FEE:
The charge paid by the borrower to the VA for the mortgage insurance
provided by the VA on a veteran's mortgage.
FUTURE ADVANCES:
Monetary payments under an already registered mortgage as a result of
the occurrence of certain events, as in a construction loan where more
money is advanced once the framing is completed, etc.
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Mortgage Glossary
GI LOAN:
Also known as "VA loan."
GINNIE MAC (GNMA): Government National Mortgage Association.
Assistance in obtaining purchase mortgages.
GOOD FAITH ESTIMATE: A written statement of the anticipated
costs of completing a loan transaction which must be provided by a
lender to a borrower within 72 hours of the submission of the loan
application.
GRACE PERIOD:
The time a borrower is allowed after a payment is due to make that
payment without incurring penalties.
GRADUATED PAYMENT MORTGAGE (GPM):
A land loan in which the periodic payments increase at a stated rate
over a stated period of time before leveling off for the remainder of
the term of the loan.
GRADUATION PERIOD:
The interval between increases in the payments on a GPM.
GRADUATION RATE:
The rate at which the payments increase in a GPM, expressed as a
percentage.
GROSS INCOME:
A person's earnings from all sources in a given period before expenses
are deducted.
GROSS MARGIN:
The difference between the interest rate chargeable on a variable or adjustable
rate mortgage and the rate set by the index rate upon which the
mortgage rate is based.
GROWING-EQUITY MORTGAGE (GEM):
A mortgage with a fixed interest rate which has periodic payments which
increase at intervals, the added money per payment being applied
directly to the outstanding principal on the mortgage.
GUARANTEE:
1. An enforceable warranty on the continuing usefulness of a product,
2. An agreement by a third party to a loan transaction to join in the
transaction and to be held liable for the moneys secured by the loan
instrument should the principal debtor fail to pay.
GUARANTEE MORTGAGE:
A land loan that has a third party added to provide added assurance that
the obligations under the loan will be met.
GUARANTY FEE:
Fannie Mae's fee for insuring a mortgage
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Mortgage Glossary
HIGH RATIO MORTGAGE:
A mortgage in which the amount of monies borrowed is equal to or greater
than 75% of the purchase price/appraised value of the property against
which it is secured. Will require some sort of insurance, usually
provided by a government agency.
HISTORICAL SCENARIO:
An attempt to predict the interest rate fluctuations of a Variable or Adjustable
Rate Mortgage on the basis of the behavior of interest rates in a
previous period.
HOLDBACK:
A percentage of a contract price which is retained by a contractor or
lender until the project is complete and all bills for that project are
paid. The percentage may be set by custom or by statute.
HOME EQUITY CONVERSION MORTGAGE (HECM):
Also known as a "reverse mortgage," a
loan designed specifically for people without income but with a great
deal of equity in their home (i.e. retired people. The loan may require
periodic payments or may simply accumulate interest on the original
principal until the property is sold (by the borrower or after the death
of the borrower).
HOME EQUITY LINE OF CREDIT:
A special kind of loan (also known as a "revolving loan")
which is secured against a property and allows the owner to borrow and
repay money at her leisure. Periodic payments of at least accumulated
interest are required but the loan is fully open: may be paid out in
whole or in part at any time and, if there is still money available
under the loan ceiling, the borrower may take more money for her use.
HOME IMPROVEMENT LOAN:
A loan made for the purposes of making improvements to a property.
HOMESTYLE MORTGAGE LOAN:
A mortgage specifically designed to allow owners to improve their
existing homes.
HOUSE-POOR:
A description of the state of having very little disposal income after
paying the financing and carrying costs of one's home.
HOUSING AND URBAN DEVELOPMENT (HUD):
Federal Agency charged with the duty of overseeing a number of
enactments relating to housing in America.
HOUSING ASSISTANCE COUNCIL (HAC):
Funded by HUD, an agency designed to support low-income housing
development in rural areas.
HOUSING EXPENSE RATIO:
A comparison of a family's monthly gross income with the carrying costs
of their home.
HOUSING FINANCE AGENCY:
State body whose function is to provide loans to citizens who cannot
obtain home ownership loans through normal channels.
HUD:
See "Housing and Urban Development."
HUD I SETTLEMENT STATEMENT:
The form in which the costs of purchasing a home are itemized.
HUD MEDIAN INCOME: Used in determining eligibility for various
HUD programs, the average income for a family in a specific area.
HUD-1 STATEMENT:
See "HUD I Settlement Statement."
HYBRID MORTGAGE:
A form of mortgage in which the compensation to the lender may include
receiving income directly from the use of the property.
HYPOTHECATE:
To pledge as security for a mortgage an asset of which the pledgor
retains possession (i.e. the dwelling upon which a mortgage is
registered).
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Mortgage Glossary
IMPOUND:
The portion of a borrower's periodic payment on a loan that is collected
to pay for items other than principal, interest or penalties (such as
realty taxes, insurance premiums, etc.).
IMPOUND ACCOUNT:
The trust account held by a lender into which payments for insurance,
taxes, etc., paid by the borrower are placed prior to being disbursed by
the lender.
IMPUTED INTEREST:
Interest which is deemed to have been charged on a loan by a court.
IN REM:
Latin term meaning "Against the thing." Used to describe a
legal action which is taken against land rather than against the land
owner, such as a bank's foreclosure on a defaulted mortgage.
INDEPENDENT APPRAISAL:
An estimate of the value of a property prepared by someone who has no
interest in the property or, if a mortgage is involved, in the lender.
INDEX:
Any rate published by an independent third party (the government, the
federal bank, etc.) which serves as the base for calculating a variable
item in a contract. (A Variable or Adjustable Rate Mortgage may use the
Federal Bank's monthly prime interest rate as the index for the interest
charged under that mortgage).
INDEXED LOAN:
Any loan whose interest rate is adjusted in accordance with a rate
published by an independent third party (an "index").
INITIAL INTEREST RATE:
The rate chargeable on a mortgage on the day it is signed.
INITIAL RATE PERIOD:
The period of time for which the "initial interest rate" is
guaranteed on a Variable or Adjustable Rate
mortgage before it begins to change according to its
"index."
INSTALLMENT:
A regular periodic payment.
INSTALLMENT CONTRACT: Same as land contract
INSTALLMENT LOAN:
A loan which is paid back in periodic payments.
INSTALLMENT SALE:
The sale of a property with the Vendor taking back a mortgage from the
purchaser and paying the taxes on the sale proceeds as they are
collected.
INSTITUTIONAL LENDER:
An accredited financial organization (i.e. a bank, trust company, credit
union, etc.) which offers loans.
INSTITUTIONAL MORTGAGE:
A loan secured against real property offered to the land owner by a
bank, credit union, trust company or other accredited financial
organization. Opposite of "private mortgage."
INSURED CLOSING LETTER:
A promise by a Title Insurance Company to a lender to pay for all costs
and losses to the lender which might result from the actions of the
Company's closing agent while closing a transaction.
INSURED MORTGAGE:
A loan secured against land for which an insurance policy exists
promising to compensate the lender for all losses and costs resulting
from the borrower's failure to meet her obligations under the loan
agreement.
INTEREST:
The cost of borrowing money, charged as a percentage of the outstanding
amount owed.
INTEREST ACCRUAL RATE:
The rate, stated as a percentage, at which interest accumulates on a
mortgage.
INTEREST PAYMENT:
The portion of each periodic payment on a loan, expressed in dollars,
which is allocated toward accrued interest.
INTEREST RATE ADJUSTMENT PERIOD:
The length of time between changes in interest rate on an Adjustable or Variable
Rate Mortgage.
INTEREST RATE BUY DOWN PLAN:
A method of reducing the effective interest charged to a borrower. A
third party (often a vendor) deposits a lump sum into an account,
portions of which are then used to reduce the amount required from the
borrower for each periodic payment over a set period of time.
INTEREST RATE CAP:
A clause in an Adjustable or Variable Rate
Mortgage which limits the change in the interest rate charged. May
limit change within a single adjustment period or over the life of the
mortgage.
INTEREST RATE CEILING:
The highest rate of interest chargeable under a Variable or Adjustable
Rate Mortgage, as set out in the mortgage contract.
INTEREST RATE FLOOR:
The lowest rate of interest chargeable under a Variable or Adjustable
Rate Mortgage, as set out in the mortgage contract.
INTEREST-ONLY LOAN:
A debt for which the periodic payments are enough to pay only the
interest which accumulates on the principal over the payment period.
Principal is due at maturity.
INTERIM FINANCING:
1. A construction loan to pay for costs up to completion;
2. Another name for a bridge loan, a short-term loan designed to cover a
gap of time between the purchase of a new home and the sale of the old
when equity becomes available.
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Mortgage Glossary
JOINT TENANCY:
A way in which two or more people may hold title to property together.
Owning as joint tenants means each owner has an equal right to the
entire property, that none of the owners may sell, bequeath or encumber
their portion of the property without the consent of the other owners
and that, in the event of the death of one of the owners, the surviving
owners automatically retain title to the entire property by "Right
of Survivorship." Compare with "tenants in common."
JOINT TENANTS:
See "joint tenancy."
JUDICIAL FORECLOSURE:
An enforcement action by a lender, the act of selling the property to
recover the mortgage debt after obtaining judgment of a court.
JUMBO LOAN (MORTGAGE):
A loan for more money than the Federal National Mortgage Association and
the Federal Home Loan Mortgage Corporation will fund under its mandate.
JUNIOR LIEN (MORTGAGE):
A claim against property which is behind at least one other lien in
priority.
JUNK FEES:
Slang term for extra fees charged by a lender on a mortgage loan.
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Mortgage Glossary
KICKER:
Additional compensation for a lender or investor, the right to share in
the income from the property in addition to payments of principal and
interest. Also known as "equity kicker" or "lender
participation."
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Mortgage Glossary
L/V:
Short form for "Loan-to-value
ratio."
LATE CHARGE:
A fee or penalty to be paid to a lender for a payment which is delivered
after it is due.
LEASEHOLD MORTGAGE:
A loan secured against a tenant's interest in a property.
LENDER:
Any individual or company which provides money to third parties in
return for periodic payments of interest and principal over time.
LENDER OPTION COMMITMENTS:
A contract between a lender and potential borrower which allows a lender
to provide certain loans at certain times on terms set out in the
contract but also allows the lender to choose not to provide such loans.
LENDER'S TITLE INSURANCE:
A policy of Title Insurance which covers the interest of a lender on a
mortgage registered on title to a property.
LETTER OF COMMITMENT:
See "commitment."
LETTER OF CREDIT:
An agreement between a bank and a borrower which allows the borrower to
use money on the bank's credit.
LEVEL-PAYMENT MORTGAGE:
A land loan which requires regular, even payments.
LIFE CAP:
The maximum interest rate chargeable under an adjustable or variable
rate mortgage over its life.
LIFETIME PAYMENT CAP:
The maximum increase or decrease in the amount of each periodic payment
allowable over the life of an adjustable or variable
rate mortgage.
LINE OF CREDIT:
A very flexible form of loan in which the lender agrees to make a
certain amount of money available to the borrower at a certain rate of
interest. The borrower may use as much of the amount available as she
wishes and may pay out all or any part of the amount owing at any time
or re-borrow such funds at her leisure.
LOAN:
See also "mortgage." A transfer of
money or other property from one party to another upon the expectation
that the money or other property will be returned (often with additional
payments as well).
LOAN APPLICATION:
The form completed by a potential borrower which provides information
the prospective lender requires to assess the borrower's suitability for
a loan.
LOAN APPLICATION FEE:
The charge paid by the borrower for the honor of requesting a loan and
of having the lender consider the request.
LOAN COMMITMENT:
See "commitment."
LOCK OR LOCK IN:
Obtain a commitment from a lender to guarantee a certain interest rate
or other loan feature for a set period of time.
LOCK PERIOD:
The time span over which the lender guarantees a feature of a loan.
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Mortgage Glossary
MANDATORY DELIVERY
COMMITMENT:
A lender's written promise to deliver certain funds at specified dates
upon terms set out in the commitment.
MARGIN:
The difference or the added amount. In mortgages, the difference between
the index interest rate and the interest rate charged on the variable or
adjustable rate mortgage. Expressed in the contract as a percentage
(i.e. "prime plus three per cent").
MATURITY DATE:
The date upon which a mortgage loan comes due and payable.
MILITARY CLAUSE: A term of a residential lease which allows a
tenant who is a member of the military to terminate the lease upon being
transferred to another place without suffering any penalty.
MINIMUM DOWN PAYMENT:
The least amount of money a purchaser can provide toward the purchase
price of a house under a mortgage loan program.
MINIMUM PAYMENT:
The lowest amount a borrower is allowed to pay toward a loan, line of
credit or other debt in a given period of time.
MONTHLY DEBT SERVICE:
The periodic payments required to remain current on all outstanding
loans.
MONTHLY FIXED INSTALLMENT:
Periodic payment that is applied toward accumulated interest and
reduction of principal.
MONTHLY HOUSING EXPENSE:
The total of the costs of maintaining a home per month, including
financing, realty taxes and house insurance.
MONTHLY TOTAL EXPENSES:
The total when monthly housing expense is added to monthly debt service.
MORTGAGE:
A loan which is secured against property (i.e. registered on title as a
claim or encumbrance on the property). Often used to purchase the
property itself.
MORTGAGE BACK:
Also known as a "vendor take-back mortgage." Financing of a
purchase of property whereby the vendor accepts only a portion of the
purchase price up front and accepts a mortgage (with periodic payments
and interest chargeable) for the remainder.
MORTGAGE BANKER:
A firm that offers mortgages for property purchases but, at times, may
require financial support from larger institutions to help cover the
outlay of cash.
MORTGAGE BROKER:
A middleman who serves to bring borrowers together with lenders. Offers
the service of doing the shopping for the borrower while often
collecting a fee from the chosen lender rather than from the borrower.
MORTGAGE COMMITMENT:
See "commitment."
MORTGAGE CORRESPONDENT:
An authorized agent of a lender for a geographic area.
MORTGAGE DISABILITY INSURANCE:
A policy of insurance which promises to pay periodic mortgage payments
for the borrower during any future period that borrower may be disabled
from working and, therefore, incapable of making the payments himself.
MORTGAGE INSURANCE:
A policy of insurance which promises to pay out the amount owing in the
event that the borrower defaults.
MORTGAGE LIFE INSURANCE:
A policy of insurance which promises to pay out the remaining balance
owing on a mortgage should the borrower die. The amount payable by the
insurer declines as the mortgage is paid down and the policy ends upon
the paying out of the mortgage.
MORTGAGE LOAN SERVICING:
The lender's actions in collecting mortgage payments, allocating
payments to principal, interest and escrow accounts, paying out property
taxes and insurance over the life of the loan.
MORTGAGE LOAN UNDERWRITING:
The action of reviewing an application for a loan and then advising the
lender as to the risk factor in making the loan.
MORTGAGE PROGRAM:
The bundle of features of a particular kind of mortgage offered to the
public.
MORTGAGE VALUE:
The estimate worth of a particular asset which is established for the
purposes of obtaining financing secured against that asset.
MORTGAGEE:
The lender in a mortgage transaction. Also known as chargee.
MORTGAGEE IN POSSESSION:
A lender that has taken over control and occupancy of a property upon
default of the borrower to collect income from the property and prepare
for foreclosure and sale.
MORTGAGOR:
The borrower, purchaser or homeowner in a mortgage transaction. Also
known as "chargor."
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Mortgage Glossary
NEGATIVE AMORTIZATION:
When the periodic payments on a loan are not sufficient to pay the
interest which has accumulated during the previous period resulting in
an increase rather than a decrease in the amount owing on the mortgage.
NEGATIVE AMORTIZATION CAP:
A limit, expressed as a percentage of the principal, of the negative
amortization allowed under a variable or adjustable
rate mortgage.
NEGOTIABLE RATE MORTGAGE:
See adjustable rate mortgage or variable
rate mortgage.
NO BID:
Where the VA chooses not to acquire a property in foreclosure upon
default but instead to pay out on the amount it has guaranteed of the
mortgage (generally 60% of the principal).
NO CASH-OUT REFINANCE:
The replacement of a matured loan with a new loan where no additional
principal is borrowed and added to the loan.
NO CHANGE SCENARIO:
A method of calculating the future payments required under a variable or
adjustable rate mortgage on the assumption
that the index (and therefore the interest chargeable on the mortgage)
will not change.
NOMINAL LOAN RATE:
The interest rate stated on the loan agreement.
NON-ASSUMPTION CLAUSE:
A term of a mortgage contract that forbids the transfer of the mortgage
to a new owner without prior consent of the lender.
NON-CONFORMING LOAN/MORTGAGE:
A mortgage or loan that is not eligible for Fannie Mae (FNMA) or Freddie
Mac (FHLMC) programs.
NONDISTURBANCE CLAUSE:
A term of a mortgage which guarantees that leases regarding the subject
property will be allowed to continue uninterrupted in the event of
mortgage default.
NOTE:
A written instrument of indebtedness, promising to pay a certain person
a particular sum of money upon stated terms.
NOTE RATE:
The interest rate as set out in the mortgage/loan contract.
NOTICE OF DEFAULT:
The written notice sent by a lender to a borrower stating that the
borrower has not met his obligations under the loan contract and the
lender may take legal action to enforce the agreement.
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Mortgage Glossary
OBLIGEE:
The lender in a loan transaction -- the person to whom, as a result of
her actions, another person owes an obligation. See also "mortgagee."
OBLIGOR:
The borrower in a loan transaction -- the person who owes an obligation
to another.
OPEN END MORTGAGE:
A loan which is specifically drafted to allow the borrower to borrow
further funds at a later date without requiring the preparation and
registration of new mortgage documentation.
OPEN MORTGAGE:
A mortgage which may be prepaid in full or in part at any time during
that life of the mortgage without notice, bonus or penalty.
OPTION RISK:
The downside of giving a borrower an option, such as the possibility
that she may prepay an open mortgage and reduce the income generated to
the lender by the accumulation of interest over the life of the
mortgage.
ORIGINAL EQUITY:
The owner's original down payment on a property.
ORIGINAL FACE VALUE:
The principal amount owed on a mortgage on the date of its negotiation
as shown on the "face" of the agreement.
ORIGINAL PRINCIPAL BALANCE:
See "original face value."
ORIGINATION FEE:
See "commitment fee."
OUTSTANDING BALANCE:
The amount of money (including principal and interest) owing at a given
date on a loan or mortgage.
OWNER FINANCING:
See "mortgage back" or "vendor
take-back mortgage."
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Mortgage Glossary
PACKAGE MORTGAGE:
A Loan secured against both land and chattels.
PAPER:
Slang term for a loan note given instead of a cash payment.
PARTIAL PAYMENT:
Any payment which is insufficient to meet the full amount required.
PARTIAL RELEASE:
A document signed by the mortgagees holding a blanket mortgage
registered on title to several properties which removes the mortgage
from title to just one of the properties.
PARTIALLY AMORTIZED MORTGAGE:
A very common form of mortgage in which the term is less than the
amortization period such that, at the maturity date, the mortgage is not
fully paid out and either refinancing or a large balloon payment is
required.
PARTICIPATION (OR PARTICIPATING) MORTGAGE:
A mortgage in which the lender is entitled to a stated share of the
income of the property or of sale proceeds.
PAY OUT:
To provide the lender with the total amount then required to retire a
loan obligation.
PAYMENT ADJUSTMENT INTERVAL:
The period of time between changes in the amount of each periodic
payment on a variable or adjustable rate
mortgage.
PAYMENT CAP: A term of some variable or
adjustable rate mortgages in which the level to which the monthly
payment may rise is limited to a certain dollar figure.
PAYMENT CHANGE DATE:
The date when the amount of each payment under an adjustable, variable
or graduated payment mortgage changes.
PAYMENT DECREASE CAP:
A contractual limit on the amount of each periodic payment may drop at
any one payment change date. Expressed as a percentage.
PAYMENT INCREASE CAP:
A contractual limit on the amount of each periodic payment may rise at
any one payment change date. Expressed as a percentage.
PAYMENT PENALTY:
Also known as "prepayment penalty" or "early payment
penalty," the fee paid by a borrower when she pays out some or all
of the principal of a loan at a time when such a payment is not allowed
under the terms of the loan.
PENALTY:
Fine for breaching a rule, term of a contract or law.
PERIODIC PAYMENT CAP:
See "payment cap."
PERIODIC RATE CAP:
See "rate cap."
PERMANENT LOAN/MORTGAGE:
A long-term mortgage, often registered after construction is complete
and the property is occupied. Also known as "end loan."
POINT:
Equal to 1% of the principal of a mortgage, a charge levied on the
borrower by the lender for originating the mortgage as prepaid interest.
Also known as "loan discount points."
PRE-APPROVED MORTGAGE:
A commitment from a lender to provide a mortgage loan on stated terms to
a borrower before the borrower has found a property to buy. The
pre-approved mortgage allows the borrower to make a firm, cash offer on
the property of choice.
PREARRANGED REFINANCING AGREEMENT:
An arrangement between lender and borrower in which the lender agrees to
favorable terms for the borrower on a future re-finance as an inducement
to the borrower to place the original mortgage with the lender.
PRE-FORECLOSURE SALE:
The sale of a property by a delinquent borrower under an agreement with
the lender. The sale may not produce enough proceeds to pay out the loan
but the lender will save the costs of foreclosing and selling.
PREMIUM:
1. The periodic payment on a policy of insurance.
2. The value of a debt instrument in excess of it face value.
3. Of highest quality.
PREPAID EXPENSES:
Payments made on account of costs and disbursements that are not yet
incurred, may be placed in an escrow account.
PREPAID INTEREST:
Charges for interest that are paid in advance of their accrual (i.e.
point charges, etc.).
PREPAYMENT:
Payment of all or part of the principal of a mortgage or loan before it
comes due.
PREPAYMENT CLAUSE:
A term in a mortgage that establishes the rules regarding extra payments
toward principal.
PREPAYMENT PENALTY:
A fee charged to a borrower for paying out all or part of the principal
of the mortgage or loan before it comes due.
PREPAYMENT PRIVILEGE:
The right of the borrower to pay out all or part of the outstanding
principal before it comes due.
PRE-QUALIFICATION:
The act of going through the mortgage application process before the
borrower is ready to borrow, to establish how much money the borrower
could obtain under a loan.
PRICE-LEVEL-ADJUSTED MORTGAGE:
A an adjustable or variable payment loan which uses the rate of
inflation as an index.
PRIME RATE:
The best rate charged on loans, usually saved for the best clients of
the lenders. May also be set by a national institution as a benchmark or
index for other lenders.
PRINCIPAL:
1. The amount of money borrowed or still owed on a loan, without
including interest.
2. The person on whose behalf an agent acts.
PRINCIPAL AND INTEREST PAYMENT (P&I):
A blended, periodic payment that is enough to pay off accumulated
interest and a portion of the principal.
PRINCIPAL BALANCE:
The outstanding amount owing on a mortgage without including accumulated
interest.
PRINCIPAL BROKER:
The head of a real estate brokerage, licensed as a broker, who is
responsible for all transactions run through the firm.
PRINCIPAL, INTEREST, TAXES AND INSURANCE (PITI):
The four parts of many periodic loan payments.
PRIVATE MORTGAGE INSURANCE (PMI):
A policy of insurance issued by a non-governmental entity which protects
a lender against the default of the borrower.
PROGRESS PAYMENTS:
Loan advances issued to a builder as construction of a building moves
forward.
PROMISSORY NOTE:
A document signifying an indebtedness.
PURCHASE MONEY MORTGAGE (PMM):
See "mortgage back." A loan from the
vendor to the purchaser to help finance the purchase of the property.
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Mortgage Glossary
QUALIFICATION RATE:
The rate of interest used to calculate whether or not a borrower
qualifies for a mortgage.
QUALIFICATION REQUIREMENTS:
Those guidelines set by lenders to be used when deciding whether or not
an applicant will be given a loan.
QUALIFIED ACCEPTANCE:
Also known as "conditional acceptance." Agreeing to enter a
contract provided certain conditions are met.
QUALIFIED BUYER:
A purchaser who has been pre-approved for financing.
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Mortgage Glossary
RATE CAP:
A limit of how much an interest rate can change in a variable of adjustable
rate mortgage either in a given period or over the life of the loan.
RATE COMMITMENT:
A written promise by a lender to lend money to a borrower at a stated
rate of interest -- usually time limited.
RATE LOCK-IN:
See "rate commitment." A written agreement in which the lender
guarantees the borrower a specified interest rate, provided the loan
closes within a set period of time.
RECAST PAYMENT:
Adjustment of the periodic payment on an adjustable or variable
rate mortgage to ensure that the mortgage will be paid out by
maturity date.
RECASTING:
Adjusting the terms of a loan agreement in light of new developments
(i.e. lower rates, possible default).
RECOURSE:
The right of a lender to pursue a borrower personally for moneys owed.
REDEEM:
To bring mortgage payments up-to-date after the lender has begun default
proceedings. Once a borrower (or other lien holder) redeems, the
mortgage is back in good standing and the relationship continues as
before the default.
REDEMPTION PERIOD:
The length of time during which the borrower may redeem a mortgage.
REDUCTION CERTIFICATE:
A mortgage statement setting out the amount owing on the loan as of a
given date. May be used for discharges or assumptions.
REFINANCE:
To replace an existing and perhaps mature mortgage with a new mortgage
on the same property. New mortgage may have different terms than the old
one.
RELEASE CLAUSE:
A term of a mortgage which allows the borrower to pay out the loan and
have the mortgage removed from title.
RENEWAL OPTION:
A right which arises out of a term in a contract and takes effect at or
near the termination date of a contract; the party who enjoys the right
may choose to continue the agreement on terms as set out in the option
clause or to treat the contract as at an end upon the termination date.
REPAYMENT PLAN:
A schedule arranged between a lender and borrower to set out how a debt
is to be paid out.
REQUIRED CASH:
Collective term for the total sum of money required to complete a
transaction, including purchase price, taxes, legal fees, mortgage fees,
etc.
RESCISSION:
The act of treating a contract as being at an end as a result of the
failure, breach or misconduct of another party.
RESERVE PRICE:
The amount set prior to an auction which must be met in the bidding for
a particular item before the item will be sold. Also known as
"reserve bid."
RETIRE (A DEBT):
To fulfill one's obligations under a loan or mortgage so that the lender
has no further claims against the borrower.
REVERSE ANNUITY MORTGAGE (RAM):
A type of mortgage where the equity in the home serves as security
for periodic payments made by the lender to the borrower. Mortgage is
generally paid out upon the sale of the property.
ROLLOVER LOAN:
A loan where the amortization period is much longer than the term and
the borrower is allowed to refinance at the end of the term at the
interest rate then applicable.
RULE OF 72'S:
To calculate the number of years it will take to double money while
earning compound interest, divide the interest rate into 72. Money
invested at 10 percent compound interest will take 7.2 years to double.
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Mortgage Glossary
SAVINGS AND LOAN
ASSOCIATION (S&L):
Another form of mortgage lender.
SAVINGS ASSOCIATION INSURANCE FUND (SAIF):
The Federal Deposit Insurance Corporation (FDIC) insurance fund for
deposits in savings and loan associations.
SCHEDULED MORTGAGE PAYMENT:
The periodic payment the borrower is obliged to pay on a loan.
SEASONED MORTGAGE:
An old loan under which the borrower has proven herself capable of
meeting loan obligations.
SECOND MORTGAGE:
A mortgage loan which is registered on title after another mortgage (the
first mortgage) and, therefore, is behind the first mortgage in
priority. In the event of default and sale of the property, the second
mortgagee will only be paid if there are funds left after the payment of
the first mortgagee.
SECONDARY FINANCING:
Another term for a second mortgage; a loan which stands behind the
principal loan.
SECONDARY MARKET:
The purchase and sale of mortgages among lenders.
SECURITY:
An asset held as a guarantee of payment of a loan.
SECURITY INTEREST:
Legal term for the claim the lender has against the borrower's property
which has been pledged under a loan.
SELF-AMORTIZING MORTGAGE LOAN:
A loan which till be paid off by the end of its term, such that its term
equals its amortization period.
SELLER FINANCING:
Also known as "vendor take-back mortgage" or "mortgage
back," where the seller of a property agrees to payment of part
of the purchase price over time with the debt to the seller registered
on title as a mortgage.
SELLER-TAKE-BACK:
See "seller financing."
SERIOUS DELINQUENCY:
The condition of being far behind in mortgage payments such that
mortgage enforcement by the lender is imminent.
SERVICING (THE LOAN):
The act of collecting periodic payments toward a debt.
SERVICING FEE:
The fee charged to the borrower for the lender's costs of collecting
payments and administering a loan.
SETTLEMENT BOOK:
An information pamphlet given by lender to borrower which explains the
process of the loan, settlement of the loan, etc.
SETTLEMENT COSTS:
See "closing costs."
SETTLEMENT SHEET:
The information sheet which sets out the allocation of funds on closing.
SHARED APPRECIATION MORTGAGE (SAM):
A loan arrangement which allows the lender to share, in exchange for a
reduced interest rate, in any gain in the value of the property against
which the mortgage is secured.
SIMPLE INTEREST:
A charge for the use of money which is calculated on a periodic basis as
a percentage of the principal borrowed. No further interest is charged
on interest accumulated in earlier periods.
SPREADING AGREEMENT:
A contract in which the borrower gives the lender additional security
for a loan by allowing it to be lodged against other property owned by
the borrower.
STANDARD MORTGAGE:
A mortgage which has equal periodic payments and is paid out at the end
of its term.
SUBJECT TO MORTGAGE:
A term of an agreement which states that the purchaser will assume an
existing mortgage registered on title to the property.
SUBMORTGAGE:
Where a mortgage is pledged as security for a loan to the mortgagee
(the original lender).
SUBORDINATE FINANCING:
See "secondary financing."
SUBORDINATION:
Placing the right of one person behind those of another.
SUBORDINATION CLAUSE:
An agreement by the lender which allows the current mortgage to be
"postponed" or placed behind a later mortgage in priority.
SUBSTITUTE OF TRUSTEE:
An instrument registering a change of trustee under a deed of trust.
SURPLUS FUNDS:
Money gained in a mortgage enforcement sale of property which is in
excess of the money required to satisfy the mortgage, interest,
penalties, and costs.
SWING LOAN:
A short-term loan designed to bridge the borrower's finances between
two events. For example, a person who buys a new home in April but
cannot sell her old home until June may require a swing loan to carry
both homes for the interim period until the old home may be sold and the
proceeds used to pay out the swing loan. Also known as "bridge
financing."
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Mortgage Glossary
TANDEM PLAN:
A joint program of the Government National Mortgage Association (GNMA)
and the Federal National Mortgage Association (FNMA) to provide
low-interest home loans.
TEASER RATE:
A lower interest rate charged on an adjustable or variable
rate mortgage for a brief, introductory period as an inducement to
the borrower to accept the loan from the lender.
TERM LOAN:
A loan that comes due on a given date, often before the periodic
payments would pay the loan out.
TERM, AMORTIZATION:
Term: The period of time during which the loan contract is active,
during which the borrower makes periodic payments to the lender and at
the end of which the balance of the loan becomes due and payable.
Amortization: The period of time after which, if all periodic payments
are made on time and in full, the loan will be paid out. Term may not be
the same as amortization: a normal mortgage may be amortized over 25
years with just a five year term at which time the borrower has to
re-finance.
TERMS:
The various clauses that make up a contract. Sometimes used to described
the financial portions of the contract only.
TITLE THEORY STATES:
Jurisdictions in which ownership of land is divided into two interests:
legal title and equitable title. When an owner registers a mortgage in
favor of a lender, legal title is transferred to the lender while the
owner retains equitable (or beneficial) title. Once the mortgage is paid
out, legal title is transferred back to the owner.
TOTAL DEBT RATIO:
Comparison of the total costs of living for a person (including debt,
food, utilities) over a given period with the gross income of that
person.
TOTAL INTEREST PAYMENTS:
A calculation of all interest paid on a loan over its life.
TRANSACTION FEE:
A charge for making a withdrawal on a line of credit or other bank
account.
TRUST DEED:
An instrument of conveyance of title to property wherein the transferee
will be holding the title to the property on behalf of another person.
TRUSTEE:
A person who holds title to property on behalf of another (a
"beneficiary of the trust").
TRUSTEE'S SALE:
Sale conducted by a trustee (often the lender) under the terms of the
deed of trust.
TRUTH-IN-LENDING ACT: A federal law which requires lenders to
disclose all terms of a loan arrangement to the borrower in a specified
form.
TWO-STEP MORTGAGE:
A mortgage contract in which the interest rate changes after a given
period of time, such that the rate charged is lower for the first part
of the term of the mortgage and then market rate or higher later in the
term.
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Mortgage Glossary
UNDERWRITER:
A person who reviews and evaluates an application for a loan or
insurance policy.
UNDERWRITING:
The decision as to whether or not to accept a loan or insurance
application.
UNSECURED LOAN:
A loan in air, with no asset pledged as collateral or security for it.
UPSET PRICE:
An amount set by the court which creates the reserve bid for an auction
of property; the property may not be sold for less than the upset price.
USURY:
The illegal act of charging extremely high interest rates on a loan.
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Mortgage Glossary
VA:
See Department of Veteran's Affairs and
related entries.
VA LOAN:
A loan on below market terms guaranteed by the Department of
Veterans Affairs, given to former members of the armed forces.
VARIABLE INTEREST RATE:
An interest rate that may change according to change in the index rate.
See "adjustable interest rate."
VARIABLE-MATURITY MORTGAGE:
A long-term loan in which the date the balance is due may be changed to
adjust the level of periodic payments.
VARIABLE RATE MORTGAGE (VRM):
See "adjustable rate mortgage."
VENDOR TAKE-BACK MORTGAGE:
See "mortgage back."
VERIFICATION OF DEPOSIT (VOD):
A certification of the status of a borrower's bank accounts.
VERIFICATION OF EMPLOYMENT (VOE):
A certification of the employment status of a borrower, signed by the
borrower's employer.
VOLUNTARY LIEN:
A claim that is recorded/registered with consent of the owner.
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Mortgage Glossary
WAIVE ESCROWS:
The act of the lender in allowing the borrower to retain responsibility
for paying taxes and insurance.
WAREHOUSE FEE:
Charge to a borrower to cover the costs of the lender taking short term
loans from other lenders to cover the borrower's mortgage.
WAREHOUSING:
The process of assembling mortgages for sale to the secondary mortgage
market.
WEEKLY PAYMENTS:
An alternative to the more traditional monthly payments on a loan or
mortgage. Results in faster pay-down of principal, lower total interest
paid.
WIRE TRANSFER:
The movement of funds from one place to another electronically.
WRAPAROUND MORTGAGE:
A secondary financing option in which new money borrowed is blended with
money already owed and registered on title to the property. A second
mortgage is registered as security for the new money but the old
mortgage remains in existence and the rate of interest is a blend of the
rate chargeable on the old mortgage and the rate chargeable on the newly
borrowed money.
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Mortgage Glossary
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