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There are many ways to analyze your ability to afford a home
using the following
Mortgage Calculators.
At Real Deal Realty, LLC, we want to assist in providing
Mortgage Terms so you can make an
informed decision.



A |
B | C | D
| E | F | G
| H | I | J
| K | L | M | N |
O | P
| Q | R | S
| T | U | V
| W | X | Y | Z
A
Abstract of Title
A full summary of
all consecutive grants, conveyances, wills, records and judicial
proceedings affecting title to a specific parcel of real estate,
together with a statement of all recorded liens and encumbrances
affecting the property and their present status.
Acceleration Clause
A loan provision
giving the lender the power to declare all sums owing lender
immediately due and payable upon the violation of a specific loan
provision, such as the sale of the property or the failure to make
loan payments on time. Example: John sells his property to Mary who
takes over John's mortgage payments. They do not notify the lender
of this transaction. The lender finds out that the title to the
property has transferred and calls the loan, since the loan
documents state that the loan is due on the sale of the property.
John is now liable to pay his lender in full.
Acknowledgment
A formal
declaration made by a person who has signed a document.
Acquisition Price
The amount of
money or other valuable consideration expended to obtain title to
property.
Acre
A measure of land
equal to 43,560 square feet.
Adjustable-Rate Mortgage
(ARM)
A mortgage loan
which allows the lender to adjust the interest rate in accordance
with a specified index periodically.
Adjustment Period
Length of time
for which the interest rate is fixed on an Adjustable Rate Mortgage
[ARM] or a variable rate loan. Therefore if the adjustment period is
six months, then the interest rate will remain fixed for six months,
after which time it will adjust.
Agreement of Sale
A written signed
agreement between the seller and the buyer in which the buyer agrees
to buy certain real estate and the seller agrees to sell the same
upon certain price, terms, and condition. Also known as Contract of
Purchase, Purchase Agreement, Offer and Acceptance, Earnest Money
Contract, or Sales Agreement.
ALTA
American Land
Title Association. An organization of title companies which has
standardized forms and coverage on a national basis. This
standardized coverage is required for all Argent Mortgage Company
loans.
Amortization
The gradual
repayment or retiring of a debt by means of systematic payments of
principal and/or interest over a set period, so that at the end of
the period there is a zero balance.
Annual Percentage Rate
An expression of
the relationship of the total finance charge to the total amount to
be financed, as required under the Federal Truth-in-Lending Act.
Appraisal
The process of
developing and communicating an opinion about a property’s value.
Arm's Length Transaction
A transaction
among parties in which each acts in his or her own best interest. A
transaction between a father and his son would NOT be an Arm's
length transaction
As Is
In appraisals,
“As Is” is an indication that the value estimate is made with the
property in its current condition, may not include needed repairs.
Assessment
A local tax
levied against a property for a specific purpose such as street
lights.
Assumable Mortgage
A mortgage loan
which allows a new home buyer to take over the obligation of
existing home-owner/seller to make loan payments without any change
in the terms of the loan [assume the loan]. Assumable loans do not
have a due-on-sale clause. Assumption must be approved by the lender
and permitted by the Note that the existing owner/seller originally
signed. The lender may require the buyer to qualify for the loan and
may charge an assumption fee. The existing homeowner/seller should
obtain a written Release from the lender stating clearly that he/she
is no longer liable for making the remaining mortgage payments. See
also "Subject To".
Attorney In Fact
One who is
authorized to act for another under a power of attorney which may be
general or limited in its scope.
Example: John wants to sell his house but has to be out of the
country for 4 months. John gives authorization to Mary to sign the
grant Deed to sell the property to a buyer. Mary becomes John's
Attorney In Fact.
B
Back End
Expressed as a
percentage, back-end refers to the debt-to-income ratio calculated
using principal, interest, tax, insurance, and consumer credit
obligations divided by gross monthly income.
Balloon (payment) Mortgage
Usually a
short-term fixed-rate loan which involves small payments for a
certain period of time and one large payment for the remaining
amount of the principal at a time specified in the contract.
Example : A balloon mortgage for $25,000 has interest only payments
for 5 years at 12% ($250 per month), with the full principal of
$25,000 due and payable after 5 years.
Bankruptcy
A condition of
financial insolvency in which a person’s liabilities exceed assets
and the person is unable to pay current debts. All assets are
surrendered to a court-appointed trustee or receiver, who liquidates
these assets to pay claims held against the debtor by creditors.
Bankruptcy discharges the debtor from further liability on all debts
then owed, with some exceptions.
Bankruptcy Release Date
Date the lien was
discharged. Legal papers are available.
Basis Point
A unit of
measure; 1/100 of 1 percent. Used to describe the amount of change
in the market price of bonds and many debt instruments, including
mortgages.
Beneficiary
The person who
receives or is to receive the benefits resulting from certain acts.
Examples: The lender is named as the beneficiary on a mortgage loan.
John has a life insurance policy for $100,000 with Jane as his
beneficiary. Should John die – Jane, as the beneficiary, will
receive $100,000.00 in benefits.
Bi-weekly Mortgage
A mortgage which
requires 1/2 the normal monthly payment every two weeks. Over the
course of the year, 26 half payments are made which is equivalent to
13 full mortgage payments. As a result of this extra payment the
loan amortizes much faster than a loan with normal monthly payments.
Binder
A written
memorandum of the important terms of the contract of insurance,
including title and hazard insurance, which provides the insured
with temporary protection pending investigation of risks by the
insurance company or until a formal insurance policy is issued. Also
a preliminary agreement, normally secured with earnest money,
between a buyer and a seller as an offer to purchase real estate.
Blanket Mortgage
A mortgage
covering more than one piece of property.
Example: A developer subdivides a tract of land into lots and
obtains a blanket mortgage on the whole tract.
Bond
A debt instrument
in the capital markets. The U.S. government, corporations and
municipalities use bonds to raise money. Bonds can also be backed by
mortgages. The best known bond is the 30-year Treasury Bond issued
by the U.S. government. Also a sum of money given to a court to
guarantee against a loss. For example if there is a lien on a
property, the owner may remove the lien by posting a bond.
BPO
Broker's Price
Opinion also called a Comparative Market Analysis. A method of
appraisal in which selling prices of similar properties are used as
the basis for arriving at the value estimate. Institutional sellers
usually rely on a BPO prepared by a real estate agent and a
professional appraisal to determine a listing price.
Bridge Loan
A bridge loan is
a loan made on the buyer’s current residence to finance the buyer’s
new residence. The loan is paid off when the buyer’s current
residence is sold; an interim loan typically used when the buyer is
unable to sell current residence but needs money to close the
transaction on the new residence.
Broker
A real estate
broker is a licensed individual who serves as an agent of the
applicants in a loan transaction.
Broker Points
Points paid to
the broker by Argent. These points do not include the Broker PYA,
and are unaffected by pricing calculations.
Broker PYA
Points paid to
the Broker by Argent. If there is no prepayment penalty there is no
Broker PYA.
Broker Revenue
Amount the broker
will be paid if the loan is funded
Buy Down
To buy down is to
obtain a lower interest rate (buying down the rate) by paying
additional points to the lender either for the full duration of the
loan or for just the first few years. Buy down results in lower
payments which are easier to qualify for. Mortgage Brokers use buy
down to qualify prospective mortgagors who otherwise would not
qualify for mortgage loans. A very popular buy down is the 2-1 buy
down. If the interest rate on the note is 9%, the buy down results
in the rate being 7% (9%-2%) for the first year, 8% (9%-1%) for the
second year, and 9% thereafter.
Buyers Broker
An agent hired by
the buyer to locate a property for the buyer. The Broker exclusively
represents the buyer and negotiates with the seller, or seller’s
broker for the best price, terms, and conditions.
Buyers Market
Market conditions
that favor buyers i.e. there are more sellers than buyers in the
market. As a result buyers have ample choice of properties and may
negotiate lower prices. A buyers market may be caused by an economic
slump or overbuilding.
Bylaws
A set of
regulations by which an organization conducts its business.
Example: A condominium association prepares bylaws that state the
minimum number of owners to conduct a meeting to decide policies.
C
Cap
The highest rate
an Adjustable Rate Mortgage may reach; expressed as the actual rate
or the amount of change allowed above the start rate.
Example: A 7.99% start rate with a 6% rate change cap would have a
maximum interest rate cap of 13.99%.
Capital Gains
Profit earned
from the sale of such Capital as a real property. A seller may defer
taxes on the capital gain of his/her primary residence by buying a
higher priced residence within 2 years.
Cash Flow
The amount of
cash derived over a certain period of time from an income-producing
property. The cash flow should be large enough to pay the expenses
of the income- producing property (mortgage payment, maintenance,
utilities, etc.).
Cash-Out
When a borrower
refinances for the purpose of taking equity from the property in the
form of cash.
Caveat Emptor
A legal term
meaning "Let Buyer Beware". The buyer must examine the property and
buy at his/her own risk. However, a property may be offered on an
"as is" condition with no express or implied guarantee of quality or
condition.
CC&Rs
Covenants,
Conditions, and Restrictions. The basic rules establishing the
rights and obligations of owners of real property within a condo,
PUD, subdivision or other tract of land.
Certificate of Eligibility
The document
issued by the Veterans Administration to those who qualify for a VA
loan. This loan may be used to buy a house with 0 down. Certificates
of Eligibility may be obtained by sending the form DD-214 to the
local VA office along with VA form 1880.
Certificate of Occupancy
Document issued
by a local governmental agency that states that a property meets the
local building standards for occupancy and is in compliance with
public health and building codes. Lender will normally need this
document prior to closing the loan.
Certificate of Reasonable Value (CRV)
An appraisal
performed by a VA-Approved Appraiser which establishes the
property's current market value. This value establishes the ceiling
on the maximum VA mortgage loan principal.
Certificate of Title
An Opinion
rendered by an attorney as to the status of title to a property,
according to the public records. This certificate does not grant the
buyer the same level of protection as title insurance..
Certified Copy
A true copy,
attested to be true by the officer holding the original. It should
have a stamp and signature stating that it is a true copy.
Chain of Title
The chronological
order of conveyance of a parcel of land from the original owner to
the present owner. A title abstractor can research title to property
going back to the date that the property was granted to the United
States.
Charge-Off
Term used to
indicate that a creditor does not expect a debt to be paid and is
listing it as such. This does not mean that the debt no longer
exists or that there will not be further attempts to collect it.
Clear Title
A marketable
title, free of “clouds” and disputed interests. Most lenders require
a clear title prior to closing.
Closed-End Mortgage
A mortgage under
which the mortgagor is prohibited from borrowing additional funds
under the same mortgage.
Closing
The signing of
loan documents, and the disbursement of funds to complete a loan
transaction.
Closing Costs
The charges
incurred in order to purchase real estate.
Cloud on Title
An outstanding
claim or encumbrance that, if valid, would affect or impair the
owner's title. Compare with clear title.
Co-op. - Cooperative
An apartment
building, or a group of dwellings, owned by a Corporation whose
stock is owned by the residents of the dwellings. A Co-Op is
operated for the benefit of its residents by their elected Board of
Directors. In a cooperative, the corporation or the association owns
title to the real estate. A resident purchases stock in the
corporation which entitles him to occupy a unit in the building or
property owned by the cooperative. While the resident does not own
his unit, he has an absolute right to occupy his unit for as long as
he owns the stock.
Collection
Procedure
followed to bring a delinquent account current.
Combined Loan-to-Value
Total of all
mortgage balances on property (including second and third liens)
divided by the value of the property.
Commitment
A written
document provided by a lender agreeing to make a loan on specific
terms to a borrower or builder.
Community Property
A system of
property ownership based on the theory that each spouse has an equal
interest in the property.
Comp. / Comparable
A property with
the same basic characteristics as the property you are attempting to
find the value of. It should have been sold recently and be as
similar as possible.
Condemnation
Condemnation is
the taking of private property under the power of eminent domain for
a public use with compensation to the owner. Used by governments and
utilities to acquire land for streets, schools, freeways, and other
public projects; to condemn is declare a structure unfit for use
because of violations in housing codes or other reasons.
Conditional Commitment
A written
document provided by a lender agreeing to make a loan provided
certain conditions are met prior to closing.
Condominium
An estate in real
property consisting of an undivided interest in common in a portion
of a parcel together with a separate interest in space in a
residential building.
Consideration
Anything of value
given to induce another to enter into a contract. Earnest money
deposit on a sales contract is consideration.
Construction Loan
A short term loan
to pay for the construction of buildings or homes. These loans
typically provide periodic disbursements to the builder as each
stage of the building is completed. When construction is completed a
take-out or permanent loan is used to pay off the construction loan.
Consumer Credit
Credit owed by
the individual, not secured by real estate.
Consumer History
Record of
payments for debts not secured by real estate.
Contingency
Conditions which
must be satisfied before the buyer can close the purchase of a
property. Contingencies are generally outlined in the purchase
contract between the buyer and seller.
Example: Under a purchase contract, the buyer has 14 days to remove
the property contingency. In this case the buyer has 14 days to
inspect the property and request the seller to perform repairs. If
the buyer is not satisfied with the condition of the property or if
the buyer and the seller cannot agree on repairs, the buyer may back
out of the contract with no penalty. After 14 days the buyer no
longer has the right to back out with no penalty as a result of a
problem with the condition of the property.
Contract of Sale
Same as the
Agreement of Sale
Contract Sale or
Deed/Installment Land Contract
A real estate
installment selling arrangement where the buyer may occupy the
property but the seller retains the title until the agreed upon
sales price has been paid. Example: John sells Mary a house. Mary
has to put $10,000 down and pay $1,000 per month for 24 months,
after which time she will receive title to the property.
Contract/Agreement
An agreement
between competent parties to do or not do certain things for
consideration. Elements of a valid contract include: competent
parties, offer, acceptance, consideration, and legal purpose. A real
estate contract must be in writing, describing the property, and
signed by all the principals or their duly authorized agents,
representatives, or attorneys-in-fact.
Conventional Loan
Any mortgage loan
other than a VA or an FHA loan. A conventional loan may be
conforming or non-conforming.
Convertible ARMs
Some variable
loans come with options to convert them to a fixed loan based on a
pre-determined formula, during a given time period. For example the
1-year T-Bill Adjustable Rate Mortgage [ARM] may be converted to a
Fixed Rate Mortgage during the first five years on the adjustment
date which means that one could convert ARM to Fix Rate Mortgage
during the 13th, 25th, 37th, 49th and 61st months of the loan.
Conveyance
The transfer of
title to real estate from one party to another.
Credit Report
A document
detailing the credit history of an individual, used to determine
creditworthiness.
Credit Risk
Grade based on
the following: credit score, mortgage history, debt ratio,
bankruptcy status, and foreclosure status.
Credit Score
A numeric value
used to represent a borrower’s credit history and current usage of
credit at a given point in time. The score ranges from 400 to 850,
with a high score indicating less risk. Also referred to as FICO
Score.
D
Debt Ratio
Relationship of a
borrower’’s monthly payment obligation divided by gross monthly
income, expressed as a percentage.
Deed
A written
document by which title to real property is transferred from one
owner to another. To be valid a Deed should be signed by the
Grantor, contain an accurate description of the property being
conveyed, notarized according to law of the state where the property
is located, and at closing delivered to the buyer.
Deed of Trust/Mortgage
A legal document
in which title to property is transferred to a third party trustee
as security for an obligation owed by the trustor (borrower) to the
beneficiary (lender).
Deed Restriction
A clause or
provision in the Deed that limits the use of land and prohibits the
use of land for certain purposes.
Example: A Deed might require that a road cannot be built on the
land.
Default
Failure to meet
legal obligations in a contract - such as the failure to make the
monthly mortgage payment.
Defective Title
Any recorded
instrument that would prevent a Grantor/seller from giving a clear
title.
Example: The seller has a contractor lien on the property that was
filed when the seller failed to pay the contractor for the kitchen
remodel. The seller may obtain clear title by paying the contractor
and removing the lien.
Deferred Maintenance
Physical
deterioration or damage of a property resulting from postponed
maintenance.
Deficiency Judgment
Personal claim
against the debtor when the sale of foreclosed property does not
yield sufficient proceeds to pay off the mortgages, accrued
interest, legal fees, and other costs.
Depreciation
Decline in the
value of a property due to wear and tear, obsolescence, adverse
changes in the neighborhood, or any other reason.
Derog
This is short for
derogatory and refers to negative credit items.
Derog Letter
A letter written
by the borrower giving an explanation for any derogatory credit.
Discharge
Following a
completed bankruptcy proceeding, discharged debts are no longer owed
or collectable. For a chapter 7 bankruptcy we will require having a
copy of the Discharge of Debts document in order to proceed with the
loan.
Discount Points
A prepaid fee to
a lender by a borrower to reduce the interest on a loan.
Dismissal
If a bankruptcy
is dropped without being completed, a Bankruptcy Dismissal document
will be needed to proceed with the loan. The dismissal can be
prompted by either the court or the debtor.
Disposable Income
The amount of
money remaining after subtracting all liabilities from the gross
income.
Documentary Tax Stamps
Stamps affixed to
a Deed showing the amount of Transfer Tax..
Dower Rights
The legal right
or interest recognized in some states that a wife acquires in the
property her husband held or acquired any time during their
marriage.
Down Payment
The amount of
money a borrower puts towards the purchase of a home that is not
borrowed.
Dragnet Clause
A provision in a
Mortgage that pledges several properties as collateral. A default in
the mortgage could lead to foreclosure proceedings on any of the
properties in the dragnet.
Due on Sale Clause
A clause or
provision in the Deed of Trust or Mortgage requiring the entire loan
due on sale of the property.
E
Earnest Money
The cash deposit
paid by the prospective buyer of real property, as evidence of a
good faith intention to complete the transaction.
Easement
Property interest
that one person has in land owned by another, entitling the holder
of the interest to limited use or enjoyment of the other’s land.
Effective Age
The apparent age
of a property based on observed conditions rather than chronological
age.
Egress
A way to exit
from a property. The opposite of ingress.
Eminent Domain
The power to take
private property for public use by state, municipalities, and
utilities by the process of taking, condemnation, or expropriation.
Just compensation is paid to owners of the property which is taken.
Encroachment
An unauthorized
invasion of a property improvement onto another’s property, thus
reducing the size and value of the invaded property.
Encumbrance
Any claim
attached to real property that may lessen its value but not prevent
transfer of title; a right or interest in a property held by one who
is not the legal owner of the property.
Endorsement
A rider attached
to title insurance that expands or limits coverage.
Equity
Interest or value
remaining in property after payment of all liens or other charges on
the property.
Equity Sharing
Joint ownership
of a property between the owner/occupant and the owner/investor,
that results in tax advantages for both parties. Upon sale of the
property the joint owners split profits based on the percentage they
own.
Escheat
The reversion of
property to the state in the event the owner dies without leaving a
Will and has no legal heirs.
Escrow
The process by
which money and/or documents are held by a disinterested third party
until satisfaction of the terms and conditions of the loan
transaction has been achieved.
Escrow Instructions
Instructions to
the escrow agent giving the parameters and contingencies involved in
the transaction and agreed upon by both parties.
Estoppel Agreement
A legal doctrine
that applies to a person, who without having legal title to a
property, deeds the property to another and then subsequently
obtains good title to the property.
Executor (Executrix -
feminine for Executor)
A person named in
a Will to carry out the provisions of the Will for the disposition
of the estate of the deceased.
External Obsolescence
A loss of value
resulting from extraneous factors that exist outside of a property
itself; a type of depreciation caused by environmental, social or
economic forces over which an owner has little or no control.
F
Farmer's Home
Administration (FmHA)
An agency, within
the U.S. Department of Agriculture, that administers assistance
programs for buyers of homes and farms in small towns and rural
areas.
Fast Trac Income Documentation
Salaried:
current paystub including YTD earnings or completed VOE, and 6
month's worth of current bank statements Self-employed:
12 month's worth of current bank statements and current YTD P&L
Federal Home Loan Bank
Board (FHLBB)
A regulatory and
supervisory agency for federally chartered savings institutions.
Federal Home Loan
Mortgage Corporation (FHLMC, Freddie Mac)
A
quasi-governmental agency that purchases conventional mortgages from
insured depository institutions who are members of the Federal
Reserve, Federal Home Loan Banks Systems, and HUD-approved mortgage
bankers. After purchasing such loans, Freddie Mac securitizes these
loans and sells FHLMC mortgage backed securities on Wall Street.
Federal Housing
Administration (FHA)
A Division within
the U.S. Department of Housing and Urban Development (HUD) whose
main activity is the insuring of residential mortgage loans made by
private lenders. FHA also sets standards for underwriting mortgages.
FHA also administers loan programs and issues loan guarantees to
make home ownership increasingly affordable and possible.
Federal National
Mortgage Association (FNMA, Fannie Mae)
The nation’s
largest mortgage investor created in 1968 by an amendment to Title
III of the National Housing Act. This stock-holder owned
corporation, some of whose Board of Directors is appointed by the
President of the United States, supports the secondary market by
purchasing mortgage loans from lenders, securitizing them, and then
selling FNMA mortgage backed securities on Wall Street.
Federal Reserve System
The central
federal banking system that regulates and provides services to
member commercial banks. The Federal Reserve also has the
responsibility for conducting federal monetary policy.
Fee
Charges paid by
the borrower to the lender and third party in connection with a loan
transaction.
Fee Simple
The maximum
possible estate one can possess in real property.
Fidelity Bond
An assurance,
generally purchased by an employer, to cover employees who are
entrusted with valuable property or funds.
Example: A landlord employs a clerk who collects rents. To safeguard
these funds during the collection process, the landlord purchases a
fidelity bond to cover the clerk.
Fiduciary
A person in a
position of trust or responsibility with specific duties to act in
the best interest of a client. A real estate Broker is a fiduciary
for his/her clients.
Final Title Policy
Policy replacing
title commitment or binder, usually issued once new mortgage has
been recorded.
Finance Charge
The total of all
costs imposed by the creditor and payable directly or indirectly by
the customer, as defined by the Federal Truth-In-Lending Act.
First Mortgage
A mortgage lien
that is superior in right to any other mortgage liens on a property.
Fixed Income
Income that does
not have the likelihood of increasing over time. Social Security and
Pension are the most common types.
Fixed Rate Loan
A loan with the
same rate of interest for the life of the loan.
Fixture
Improvements and
or personal property attached to the land so as to become a part of
the real estate. Fixtures are transferred to the buyer upon sale of
the property. To determine whether an item is a fixture or a
personal property determine:
Intent (was it
intended to be part of the property)
How is it fixed?
(is it fixed to be removed easily)
Is the fixture
essential to the property?
Relationship -
was the fixture intended to be a part of the seller’s property?
Example: John
sells his house to Mary. John wants to take the chandelier because
he states it is personal property. Mary wants the chandelier to stay
because she believes it is a fixture.
Flood Insurance
Insurance
designed to provide coverage for damage from floods or tidal waves.
Floor Rate
The lowest the
interest rate may go.
Foreclosure
A legal procedure
whereby property used as security for a debt is sold to satisfy the
debt in the event of default in payment of the mortgage note.
Free and Clear Title
Real property
without any liens, mortgages, or other encumbrances.
Front End
This refers to
the debt to income ratio calculation using only principal, interest,
tax and insurance divided by gross monthly income. It is expressed
as a percentage. See also D.R.
FSBO
For sale by
owner. A real property for sale that is not listed with a real
estate Broker.
Full Documentation
Income
verification using pay stubs, W2, tax returns, or 24 months of
current and consecutive bank statements.
Fully Indexed Rate
The index plus
the margin for an adjustable rate mortgage
Functional Obsolescence
A loss of value
of an improvement due to functional inadequacies, often caused by
age or poor design.
G
General Warranty Deed
A Deed in which
the Grantor (seller) agrees to protect the Grantee (buyer) against
any other claim to title of the property. See also warranty Deed.
Good Faith Estimate (GFE)
Detailed listing
of a lender's estimate of your closing costs associated with your
real estate financing request.
Good Funds
State law
requiring receipt of loan funds (deposit or electronic wiring) prior
to closing a transaction.
Government National
Mortgage Association (GNMA, Ginnie Mae)
A government
agency that is part of HUD that buys VA and FHA loans from lenders,
securitizes them, and then sells Ginnie Mae securities to investors.
“Ginnie Mae” also provides sources of funds for residential
mortgages, insured or guaranteed by FHA or VA.
Graduated Payment
Mortgage (GPM)
A mortgage that,
initially, has lower payments (with potential negative amortization)
which increases each year until the loan is fully amortized.
Grandfather Clause
A common
expression used to convey the idea that something that was once
permissible continues to be permissible despite changes in the
controlling law.
Grant Deed
A deed that
contains warranties against prior conveyances or encumbrances.
Grantee
The party to
which the Grantor grants; the buyer or the Recipient.
Grantor
The Party that
grants or gives; the seller, Giver or one who quits claim.
Gross Income
The entire amount
of income an applicant receives not adjusted for taxes or other
deductions.
Grossing Up
The practice of
adding a percentage (123%) to nontaxable income to allow borrowers
the same opportunity to quality as applicants with gross incomes.
H
Hazard Insurance
A property
insurance policy that indemnifies against loss resulting from
physical damage to property due to hazards such as fire, flood and
windstorm.
HMDA (Home Mortgage Disclosure Act)
A federal act
that requires information be available to the public to ensure that
depository financial institutions such as banks, are serving the
housing credit needs of the neighborhoods and communities where they
are located. Also helps public officials distribute public sector
investments in a way that attracts private investments in
neighborhoods where they are needed.
Home Warranty Plan
Insurance that
covers such items as appliances and heating systems. Typically
purchased at the time of closing.
Homeowner’s Insurance Policy
A combined
property and liability insurance policy designed for residential
use.
Homeowners Association
A corporation
that manages the common areas and services of a PUD or condo
project. In a condom project, it has no ownership interest in the
common areas; in a PUD, it holds title to common areas.
Homestead
A tract of land
that is owned and occupied as the family home.
Homestead Exemption
Exemption which
causes the assessed value of a principal residence to be reduced by
the amount of the exemption for the purposes of calculating property
tax.
Example: John's principal residence is assessed at $100,000 and the
homestead exemption is $7,000. His property taxes will be based on
$93,000.
Housing and Urban Development (HUD)
A U.S. government
agency established to implement certain federal housing and
community development programs.
Housing Code
A local
government ordinance that sets minimum standards of safety and
sanitation for existing residential buildings.
HUD Settlement Statement
A form required
by the federal government that itemizes the closing costs associated
with purchasing or refinancing a home.
Hypothecate
To pledge a
property as security without having to give up possession of such
property.
I
Impound Account
A trust account,
also called an escrow account, established to set aside funds for
future payments for property taxes and insurance.
Improvements
Additions to raw
land, such as buildings, streets, and landscaping that add value to
the land.
Income Approach
An approach to
appraising real estate based on the income the property is estimated
to generate.
Income Documentation Type
Type of income
documentation to be supplied.
Income Property
Property, whether
personal or real, that generates income.
Examples: Apartment buildings, office buildings, and shopping
centers.
Index
A statistic that
indicates some current economic or financial condition. Indexes are
used to make adjustments in variable rate loans. They may also be
used to adjust rent and in some cases even executive compensation.
Ingress
A way to enter a
property; access.
Institutional Lender
A financial
entity such as a bank, insurance company, or savings and loan, whose
loan transactions are regulated by law.
Interest
The sum paid or
accrued in return for the use of money. Interest is usually stated
in terms of an annual rate.
Interest Adjustment
The process by
which the interest rate can be reset in an adjustable rate mortgage
loan by applying a specified margin and index.
Interest Bearing
A form of
interest calculation where the loan is charged at a daily or monthly
rate (1/365 or 1/12 of the annual interest rate) on the current
outstanding balance. This contrasts with the Rule of 78s and
compound interest calculations.
J
Joint and Several Liability
Responsible
together and individually. A lender can demand full repayment from
any and all borrowers. Each borrower is liable for the full debt,
not just the prorated share of a particular borrower. A lender does
not, however, receive double payments.
Joint Tenancy
Ownership of a
property by two or more people, each of whom has an undivided
interest with the right of survivorship.
Example: John and Mary own a house in joint tenancy. Each owns half
of the entire (undivided) property. If John dies, Mary will own the
entire property and vice versa.
Judgment
The law’s last
word in a judicial controversy; the official and authentic Decision
of a court of justice. Other words for judgment are “Decision”,
“Decree”, “Award”, and “Opinion”. Judgments, when recorded, become a
lien on real property. In common usage a sense of knowledge, an
opinion or estimate.
Judgment Lien
A claim on the
property of a debtor resulting from a judgment.
Jumbo Loan
Loan size that is
larger than the limit established by Fannie Mae or Freddie Mac.
Junior Mortgage
A mortgage that
is subordinate to another mortgage. In case of a foreclosure, a
senior mortgage will be paid prior to a junior mortgage.
Jurat
A notarial act
made in a Notary's presence, whereby a voluntary signature and oath
of affirmation are made vouching for the truthfulness of a signed
document.
L
Land Contract
An agreement for
sale of property in which the buyer takes possession while making
payments, but the seller holds title until full payment is made.
Landlocked
Real property
that has no access to a public road or way.
Lease Option
A lease clause
that gives the tenant the right to purchase the property under
specified conditions.
Leasehold
Property on which
a home sits that is held by a lease.
Legal Description
Description by
which property can be definitely located on the ground by reference
to government surveys or approved recorded maps.
Lessee
A person to whom
property is leased under a lease, a tenant.
Lessor
A person who
leases property to another under a lease, a landlord.
LIBOR:
London Interbank
Offered Rate. LIBOR is the base interest rate paid on deposits
between banks in the Eurodollar market. Eurodollar is a dollar
deposit in a bank in a country where the currency is not a dollar.
LIBOR is based on the following five international banks: Bank of
Tokyo, Bank of America, Barclays, Deutsche Bank, and Swiss Bank.
Lien
A charge or claim
that one person has on the property of another as security for a
debt or obligation.
Life Estate
Any estate in
real or personal property that is limited in duration to the life of
its owner or the life of some other designated person.
Limited Documentation
Income
verification from current year pay-stub or 12 months of current and
consecutive bank statements.
Lis Pendens
Latin for
"lawsuit pending”; recorded notice that litigation is pending on a
property. Prior to closing, most lenders will require the clearance
of the Lis Pendens.
Loan Application (1003)
A document which
gathers property, employment, income, assets, liabilities, and
government monitoring information for each applicant.
Loan origination fee or
points
Charge by a
lender or Broker connected with originating a loan. This is
different from discount points which are used to buy down the rate
of interest.
Loan Purpose
Applicants
purpose for the mortgage loan.
Loan Risk
The rate category
assigned to the loan that estimates the probable risk of delinquency
and loss in the future.
Loan Servicing
A process
involving collection of loan payments, handling property tax and
insurance escrows, foreclosing on defaulted loans, and remitting
payments to the investors.
Loan-To-Value Ratio
(LTV)
The ratio of a
mortgage loan to the appraised value or sales price, whichever is
lower, expressed as a percentage.
Loss Payee
The person
designated on an insurance policy as the one to be paid in case the
insured property is damaged or destroyed.
M
Margin
In an adjustable
rate mortgage, the spread between the index and the mortgage
interest rate.
Market Value
The highest price
that a ready, willing and able buyer would pay and the lowest price
a ready, willing, and able seller would accept on a property. Market
value may, in fact, be different from the price a property could
actually be sold for, at a given time.
Marketable Title
Title that is
readily acceptable to the buyer: Title that is free from any
reasonable doubts in both law and fact as to its validity, title
that is free from such encumbrances as liens, “clouds’ and other
legal defects.
Maturity
The time when
indebtedness, such as a mortgage note, becomes due and is
extinguished if paid in accordance with the agreed-on schedule of
payments.
Mechanic's Lien
A statutory lien
created in favor of material men and mechanics (and architects and
designers in some states) to secure payment for materials supplied
and services rendered in the improvement, repair or maintenance of
real property.
Merged-Bureau
A credit report
containing credit information from the three most common credit
bureaus: Equifax, Trans Union and Experian.
Modification Agreement
A written
agreement to change or modify closed loan documents.
Mortgage
An interest in
land created by a document providing security to the lender for the
payment of a debt; a written instrument evidencing debt secured by
real estate.
Mortgage Banker
A qualified and
usually state-licensed professional who specializes in originating
and servicing loans. Mortgage Bankers generally sell their loans to
investors, but may continue to service them.
Mortgage Broker
A qualified and
usually state-licensed professional who arranges financing from a
lender for a mortgage borrower. Mortgage Brokers are paid a fee by
the borrower or the lender when the loan closes.
Mortgage History
A record of
mortgage payments for all real estate owned.
Mortgage Insurance
See private
mortgage insurance (PMI)
Mortgage Late
Loan payments
that are received at a date past the contractual due date. A
mortgage payment is considered late when the next scheduled payment
becomes due.
Mortgage Note
A note of
absolute promise evidencing a loan for which real estate has been
offered as a security; a written agreement secured by a mortgage
that serves as a proof of indebtedness and that states the manner in
which the debt shall be paid, the actual amount of the debt that the
mortgage secures, and that renders the mortgagor or borrower
personally responsible for repayment.
Mortgagee
One who takes or
receives a mortgage: Creditor or lender who loans money secured by
real estate.
Mortgagor
One that gives
and grants Mortgage; one who pledges real property to which one has
a title, as security for a debt.
N
Negative Amortization
An increase in
principal balance in spite of periodic payments when monthly
payments do not cover all of the interest cost. The interest cost
which is not covered by the payment is added to the unpaid principal
balance.
Net Effective Income
The borrowers’
gross income minus federal income tax.
Non-conforming loan
Loans that do not
comply with Fannie Mae or Freddie Mac guidelines.
Non-Conforming Use
A permitted use
of a real property that was lawfully established at the time of its
original construction but that no longer conforms to the current
zoning law.
Non-Owner Occupied
When a property
owner does not occupy the subject property.
Notary Public
One authorized to
take acknowledgments of certain types of documents, such as Deeds,
contracts, and mortgages.
Note
A written
agreement to pay a specified amount at a future date, based upon
stated terms.
Notice of Default
A step in the
foreclosure process in which the lender formally tells the court
that the borrower is in arrears
O
Obligations
Any debt or
recurring payment the borrower is obligated to pay, except for
mortgage payments.
Occupancy
Designation of
how real property will be occupied.
Offer
A written
expression of intention and willingness to purchase a property at a
specified price, terms, and conditions for acceptance, rejection, or
a counter-offer; usually accompanied by earnest money deposit.
Offeree
The recipient of
an Offer; the buyer makes an Offer to the seller who then becomes
the Offeree and as such accepts, rejects, or in turn makes a
counter-offer..
Offeror
One who makes or
presents the Offer to the Offeree for acceptance, rejection, or a
counter-offer. When the buyer makes an offer to the seller the buyer
is an Offeror.
Office of Comptroller of Currency
A bureau within
the US Dept of Treasury charged with the execution of all laws
relating to the issue and regulation of the national currency
secured by US Bonds and all Federal Reserve notes, except for
cancellation and destruction, including accounting of cancellation
and destruction.
Office of Thrift Supervision
The OTS charters
federal thrift institutions and is the primary regulator of all
federal and many state-chartered thrift institutions.
Open House
A real-estate
industry practice of marketing a home for sale: According to the
practice, with the Realtor playing the cheerful host, the home on
the market is left open for inspection by prospective buyers
Open-End Mortgage
A loan in which
the borrower is given a limit up to which he or she may borrow, with
each incremental advance to be secured by the same mortgage.
Option
A contract
granting a right to purchase, sell or otherwise contract for the use
of a property at a stated price within a stated period of time.
Optionee
One who receives
or purchases an Option.
Optionor
One who gives or
sells an Option.
Oral Contract
A verbal
agreement. Verbal agreements for the sale or use of real estate are
normally unenforceable.
Origination Fee
See Loan
Origination Fee.
Origination Point
The finance fee
charged by a lender or broker for making a mortgage. 1 point is
equal to 1% of the loan amount.
Owner Occupant
An occupant of a
residence who also owns the same property.
Owner Occupied
The subject
property and the applicants residence are the same.
Owner of Record
The individual
named on a Deed that has been recorded at the Office of the County
Recorder.
P
P & L / Profit and Loss
A statement of
gross income, cost of goods, operating costs and net profit or loss
for a business.
P and I
Principal and
Interest. This refers to the principal and interest portions of the
monthly mortgage payment.
Package Mortgage
A Mortgage
covering both real and personal property.
Parcel
Any area of land
contained within a single description.
Partial Release
A provision in a
blanket mortgage directing mortgagees to release specified parcels
from lien upon payment of a certain sum of money. .
Participation Mortgage
A mortgage that
allows the lender to share in the income or resale proceeds.
Perfecting Title
The process of
eliminating any claims against a title, such as having a wife
execute a quitclaim deed to release any claim.
Permanent Loan or Mortgage
A mortgage for a
long period of time; often referred to as the mortgage that pays off
a construction loan on a completed property.
Permit
A document issued
by a government regulatory authority that grants the bearer the
right to do something specific.
Example: An occupancy permit allows the owner of a building to
occupy or rent the building.
Piggyback Loan
Simultaneous
closing of a first and second loan to execute a purchase
transaction.
PITI
Abbreviation for
principal, interest, taxes and insurance (mortgage payment).
Planned Unit Development (PUD)
PUD is a concept
according to which housing, typically a group of homes is built with
minimal ground space and what would normally constitute the yard for
each dwelling is consolidated into larger recreational or greenbelt
areas.
Plat
A plan or map of
a specific land area.
Plat Book
A public record
containing maps of land, showing the division of the land into
streets, blocks, and lots and indicating the measurements of the
individual parcels.
Plat Map
A map of a town,
section or subdivision indicating the location and boundaries of
individual properties.
Points
Fees paid to
lenders. 1 point=1% of the loan amount. On a $100,000 loan 1 point
is $1000. Points may be further classified into origination points
or discount points.
Portfolio Loan
A loan that is
held as an investment by a Bank or Savings and Loan, and not sold to
investors in the secondary market.
Power of Attorney
A written
instrument authorizing a person to act as the agent on behalf of
another to the extent indicated in the instrument.
Prelim. / Preliminary Title Report
The title report
generated at the beginning of the application process. It tells the
mortgage company what liens are on the property and gives advice as
to what will need to be done to gain a clear title prior to
recording our trust deed.
Prepaid Interest
Prepaid interest
is the interest charged to borrowers at closing to pay for the cost
of borrowing for the balance of the month.
Example: If a loan closes on the 19th of the month and the first
payment is due on the 1st of the following month, the lender will
charge 12 days of prepaid interest.
Prepayment
Full or partial
payment of the principal before the due date. This might occur if
the borrower makes extra payments, sells the property, or refinances
the existing loan.
Prepayment Penalty
The amount set by
the creditor as a penalty to the debtor for paying off the debt
before it matures.
Prepayment Term
Number of years
after which a prepayment penalty is waived
Pricing Add-On
Adjustments to
the interest rate based on loan characteristics.
Primary Mortgage Market
Persons that
originate and service mortgage loans. Banks, Savings & Loans, Credit
Union, Mortgage Bankers, and institutional and private lenders make
up the primary mortgage market. See also Secondary Mortgage Market.
Prime Rate
Usually the
lowest rate of interest charged by a specific lender to its best
customers for short term unsecured loans. The prime rate is often
used as a measuring rod for interest rates on other loans.
Principal
The capital sum.
Interest is paid on the principal.
Private Mortgage Insurance (PMI)
In the event the
borrower does not have a 20 percent down payment, lenders will allow
a smaller down payment - as low as 2 percent in some cases. However,
with the smaller down payment for loans, borrowers are usually
required to carry private mortgage insurance. Private mortgage
insurance payments are normally made annually or monthly. An impound
account may be required.
Probate
A Court process
to validate the Last Will and Testament of the Deceased.
Property Tax
A tax based on
the market value of the property as assessed by the county
assessor's office.
Property Type
Real property
designation, such as a condominium, a single family residence, or
2-4 unit.
Property Value
Appraised value
of the subject property.
Public Sale
An auction of
property with advance Notice to the general public.
Purchase
The act of
transferring real property from one owner to another for an agreed
amount.
Purchase Agreement
See Agreement of
Sale.
Purchase Money Mortgage
A Mortgage used
to finance the purchase of a property.
Purchase Price
Purchase price of
the subject property. The purchase price must be greater than the
loan amount.
Q
Quiet Title (Action)
An action to
remove a “cloud” [defect] from the title by a proper court action.
Quitclaim Deed
A legal document
to release the interest the grantor has in the property.
R
Rate Sheet
A document used
to market products, interest rates and underwriting guidelines.
Rate Term
A refinance
transaction where the loan purpose is to reduce the rate or the rate
and the term of the existing mortgage loan.
Real Estate Broker
A person
qualified and usually licensed by the jurisdiction to manage, lease,
and procure the purchase or sale of real property, acting as
intermediary between seller and buyer, lessor and lessee, landlord
and tenant, and in some states also between mortgage lender and
borrower.
Real Estate Investment
Trusts (REIT)
A Trust that uses
investors’ money to purchase and manage real estate.
Real Property
Land, including
all inherent natural attributes and any man-made improvements of a
permanent nature.
Realtor
A real estate
professional who is a member of the National Association of
Realtors. Most Realtors are also state-licensed. “Realtor” is a
federally registered collective membership mark owned by the
National Association of Realtors and properly used only in reference
to members of the association.
Rebate
Money earned by a
broker from a lender. Usually based on increased interest rate. A
rebate is used to offset borrower fees.
Recon / Reconveyance
A release of lien
filed with the county recorder by the trustee.
Reconveyance
The act of
transferring title in property back to the original owner.
Recording
The act of
officially recording or entering into a County Book of Public
Records instruments affecting title to the real property as notice
to creditors, buyers, and all others interested in the subject
property. Example: A lender requires that a Deed of Trust or a
Mortgage be recorded to evidence the debt against the property.
Recourse
To recur. The
right of the holder of a note, secured by a mortgage or a Deed of
Trust, to recover against a party secondarily liable, such as prior
endorser. Therefore, if a prior endorser signs without recourse, he
exempts himself from liability for payment. U.C.C. Sec. 3-414(1).
Redlining
Redlining is the
practice of refusing to provide loans or insurance in a certain
neighborhood.
Refinancing
Refinancing is
the process of paying off an existing high interest rate loan from
the proceeds of a new lower interest loan on the same property.
Refinancing is also done to reduce the term of the loan, to convert
from ARM to a fixed rate mortgage, or to cash out all or portion of
the equity.
Regulation Z (Reg Z)
Regulations of
Federal Reserve Board which implement provisions of Federal
Truth-in-Lending Act. One such Regulation requires lenders to
provide full disclosure of the terms of a loan, including the term
of the loan and the Annual Percentage Rate (APR).
Request for Reconveyance
Verification
given by the beneficiary to the trustee that the conditions of the
lien have been fulfilled and request that the lien be canceled.
Rescission
A “rescission”
amounts to the unmaking of contract, or an undoing of it from the
beginning, and not merely a termination; annulling, abrogating, or
unmaking of a contract and the placing of parties to it in status
quo.
Example: When refinancing a mortgage on a principal residence the
law gives the homeowner three days to rescind the contract.
RESPA (Real Estate
Settlement Procedures Act)
A federal law
that ensures all parties in a real estate transaction have knowledge
of all settlement costs.
Restrictive Covenants
A clause or a
provision in a Deed limiting the use of the property and prohibiting
certain uses. Such restrictive covenants may "run with the land,"
binding all subsequent buyers of the land, or they may be "personal"
binding only the buyer.
Rider
An addition or
amendment to a document which becomes incorporated into the terms of
the original document.
Right of Survivorship
The right, of a
survivor of a deceased person, to the property of the deceased. The
right of survivorship is a distinguishing characteristic of a joint
tenancy relationship.
Right to Rescission
Period of three
full days after closing in which the borrower is permitted by law to
cancel a refinance loan transaction.
S
S.I. / Statement of Information
The form the
customer fills out for the title company giving further
identification of the customer. This allows the title company to
eliminate debts and liens owed by people with similar names.
Sales Agreement or Sales
Contract
Contract for the
sale of real estate, including a contract for a Deed, See Agreement
of Sale and Conditional sale contract.
Savings & Loan
Federally or
state chartered depository institutions that specialize in
originating, servicing, and holding mortgage loans primarily on
owner occupied residential property.
Second Mortgage
A subordinated
lien, created by a mortgage loan, over the amount of the first
mortgage. Second mortgages generally carry a higher rate than a
first mortgage since they represent a higher risk for an investor.
Secondary Financing
A junior mortgage
lien placed on a property.
Secondary Mortgage
Market
The market where
Banks, Savings & Loan Associations, private and institutional
lenders, and mortgage bankers can sell mortgages to investors like
Fannie Mae or Freddie Mac.
Section 1031
The section of
the IRS that deals with tax free exchanges of certain property.
General rules for tax free exchanges are: Properties must be
exchanged, similar, and used for business or as an investment. .
Section 8 Housing
Privately owned
rental units participating in the low-income rental assistance
program. Landlords receive subsidies on behalf of qualified
low-income tenants, allowing the tenants to pay a limited proportion
of their incomes toward the rent.
Secured
Borrowed money
that is backed by collateral.
Security
Property that
serves as collateral for a debt.
Servicing
Activities
include collecting payments that include interest, principal,
insurance and taxes on a note from the borrower in accordance with
the terms of the note.
Settlement Cost (HUD
guide)
A booklet that
provides an overview of the lending process and is required to be
given to consumers after the loan application is completed.
Shared Appreciation
Mortgage
A residential
loan with a fixed interest rate that is below the market rate, with
the lender entitled to a specified share of appreciation of the
property over an agreed upon time interval.
Sheriff's Deed
A Deed given at
the Sheriff's sale in the foreclosure of a mortgage.
Single Family Housing
(SFR)
A type of
residential structure designed to include one dwelling.
Example: Town houses, detached units.
Soft Prepayment Penalty
A prepayment
penalty which will not be enforced if the subject property is sold.
However if the property is refinanced, the prepayment penalty will
be enforced.
Spec House
A single family
dwelling constructed by a builder in anticipation of finding a
buyer.
Special Assessment
A special tax
imposed on property, individual lots, or all property in the
neighborhood to pay for such improvements as sidewalks and street
lights.
Specific Performance
A legal doctrine
compelling performance of a contract, specifically, in instances
where damages for non-performance would not sufficiently compensate
for the breach of a contract; the actual accomplishment of a
contract by a party bound to fulfill it. As the exact fulfillment of
a contract is not always practicable, specific performance may mean
substantial performance.
Standard Uniform Loan
Application (Form 1003)
A standard loan
application widely used in the mortgage industry.
Start Rate
Adjusted par rate
based on Broker PYA.
Stated Income
Verbal income
documented on a loan application.
Subdivision
A tract of land
divided into lots suitable for home building purposes.
Subject To
A condition that
must be satisfied to make a decision valid.
Submission
This refers to a
complete loan application package submitted for approval to the
underwriters
Subordinate
Ordinarily, liens
are given chronological precedence when a liquidation of a property
occurs. If a lien holder agrees to accept a lien position after that
of a later recorded lien, a subordination agreement must be recorded
stating that.
Subordination
The act of a
party acknowledging, in writing, that a debt is inferior to the
interest of another in the same property.
Subordination
Agreement
The agreement
detailing the contingencies of subordination, filed with the county
recorder.
Substitution of Trustee
A document, filed
by the beneficiary, which changes the trustee on a particular trust
deed.
Surety Bond
A bond which
ensures against harm to a party (usually the lender or owner) by a
lien still attached to the property. This is usually used when the
original deed was lost or the beneficiary cannot be located.
Survey
The process by
which boundaries are measured and land areas determined, including
the determination of any existing encroachments, easements, or party
walls.
Sweat Equity
Value added to a
property by improvements personally made by the owner.
T
Takeout Financing
A commitment to
provide permanent financing upon completion of construction. The
take out loan normally pays off the construction loan.
Tax Lien
A statutory lien
imposed against real property for nonpayment of taxes.
Tax Sale
Public sale of a
property for non-payment of taxes at an auction by a government
authority.
Teaser Rate
A low initial
interest rate on a mortgage.
Tenancy at Sufferance
Tenancy at
Sufferance is created when a tenant or lessee continues to occupy
the premises after the right to occupy the premises has terminated.
Tenancy at Will
A license to use
or occupy land and buildings at the will of either the tenant or the
owner. The tenant must leave at the landlord’s will.
Tenancy By Entirety
A special joint
tenancy between a lawfully married husband and wife, which places
all title to property (real or personal) into the martial unit, with
both spouses having an equal, undivided interest in the whole
property.
Tenancy for Years
Tenancy created
for a fixed term, such as a lease for 6 months, 2 years, and the
like.
Tenancy In Common
A form of
concurrent ownership of property between two or more persons, in
which each has an undivided interest in the whole property.
Tenancy in Severalty
Ownership of
property by one person.
Time is of the Essence
A legal phrase
meaning that a failure to do what is required by the time it is
required to be done, as specified in the contract, amounts to and is
a breach of contract.
Time Share
A form of
property ownership under which a property is held by a number of
people, each with the right of possession for a specified time
interval. Time sharing is used mostly for vacation properties.
Title
Title is a union
of all the elements which constitute ownership, also the evidence of
such ownership; vested rights in real property.
Title Insurance
Indemnity against
loss resulting from defects in or liens upon a title.
Title Report
A document
indicating the current state of title. The report includes
information on the current ownership, outstanding Deeds of trust or
mortgages, liens, easements, covenants, restrictions, and any
defects.
Title Search
An examination of
the public records to determine the ownership and encumbrances
affecting a property.
Town House
Residence which
normally has 2 or more floors and is attached to other similar
units. Town houses are commonly found in planned unit developments (PUDs)
and condominiums.
Tract
A parcel of land
generally held for subdividing.
Transfer Tax
Tax paid to the
city, county, state, or other government entity upon sale or
transfer of property.
Triple-Net Lease
One in which the
tenant pays all operating expense of the property. The landlord
receives the net rent.
Trust Account
A separate bank
account maintained by a broker or an escrow company to handle all
monies collected for clients. A broker may not commingle these funds
with his/her own funds.
Trust Deed
The Trust Deed
attaches the note as a lien on the property. This is the document
that conveys the ability to collect from the proceeds of the
property.
Trustee
A party who is
given legal responsibility to hold property in the best interest of,
or "for the benefit of" another. The trustee is one placed in a
position of responsibility for another, a responsibility enforceable
in a court of law.
Truth In Lending (TIL)
A federal law
requiring lenders to fully disclose in writing the terms and
conditions of a mortgage, including the annual percentage rate and
other charges. Also called “Regulation Z”.
Two-Step Mortgage
A mortgage in
which the borrower receives a fixed rate for a specified number of
years (most often 5 or 7), and then receives a new interest rate
based on the terms in the note.
U
Underwriting
The process of
deciding whether to make a loan to a loan applicant based on the
applicant’s credit, income, employment history, assets, and other
related information.
Undivided Interest
An ownership
right to use and possess a property that is shared among co-owners,
with no one co-owner having exclusive rights to any portion of the
property.
Unencumbered Property
Real estate with
free and clear title.
Unimproved Property
Undeveloped land.
Unrecorded Deed
A Deed that has
not been recorded in the County Hall of Records and consequently the
public has no notice about the real estate transaction indicated on
such unrecorded Deed.
Unsecured
Borrowed money
that is not backed by collateral.
Usury
Illegal,
excessive interest; Charging a rate of interest greater than that
permitted by law.
V
VA Loan
Home loan
guaranteed by the U.S. Veterans Administration, enabling a Veteran
to buy a home with no money down.
Vacancy Factor
An equation used
to estimate vacancy in future rental income received.
Verification of Deposit
(VOD)
A document signed
by the borrower's bank or other financial institution verifying the
account balance and history.
Verification of
Employment
A document signed
by the borrower's employer verifying his/her starting date, job
title, salary, and probability of continued employment.
Vesting
How a property is
held; official recording of the parties’ names that have a stake in
a property.
W
Waiver
The voluntary
renunciation, abandonment, or surrender of some claim, right, or
privilege.
Warehousing
A line of credit
normally extended by a commercial bank to a mortgage banker. The
mortgage banker borrows money from the bank to fund its loans and
pledges the loans as collateral.
Warranty Deed
A Deed conveying
title to a property with a warranty of a clear marketable title.
Wraparound Mortgage
A loan
arrangement whereby the existing loan is retained and a new loan is
added to the property.
Example: The seller sells his/her property for $200,000. The buyer
puts $80,000 down. The seller has an existing loan balance of
$100,000 for a remaining period of 25 years at an interest rate of
6%. The seller then makes a wraparound mortgage to the buyer, (where
the seller acts as a lender) for $120,000 at 8%. The seller has to
continue making payments on his old loan. The buyer has to pay the
seller on the new loan. The buyer may at a later date refinance the
property and close both loans.
Y
Yield Spread Premium
Sum paid to a
mortgage broker between the lender and the borrower. This premium is
based solely on interest rate. Also referred to as PYA.
Z
Zero Lot Line
A form of housing
where individual units are on separate lots, but are attached to one
another.
Example: PUD, Townhouse.
Zoning
The regulation of
structures and uses of property within designated districts or
zones. Zoning regulates and affects such things as use of the land,
lot sizes, types of structure permitted, building heights, setbacks
and density
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