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- Acceleration
The right of the mortgagee
(lender) to demand the immediate repayment of the mortgage loan balance upon the default
of the mortgagor (borrower), or by using the right vested in the Due-on-Sale Clause.
- Adjustable rate mortgage (ARM)
Is a mortgage in which the
interest rate is adjusted periodically based on a preselected index. Also sometimes known
as the re negotiable rate mortgage, the variable rate mortgage or the Canadian rollover
mortgage.
- Adjustment interval
On an adjustable rate
mortgage, the time between changes in the interest rate and/or monthly payment, typically
one, three or five years, depending on the index.
- Amortization
Means loan payment by equal
periodic payment calculated to pay off the debt at the end of a fixed period, including
accrued interest on the outstanding balance.
- Annual percentage rate (A.P.R.)
You'll see an interest rate and an Annual Percentage Rate (A.P.R.) for each mortgage loan you see advertised.
The easy answer to "why" is that federal law requires the lender to tell you both.
The A.P.R. is a tool for comparing different loans, which will include different interest rates but also different points and other terms.
The A.P.R. is designed to represent the "true cost of a loan" to the borrower, expressed in the form of a yearly rate.
This way, lenders can't "hide" fees and upfront costs behind low advertised rates.
While it's designed to make it easier to compare loans, it's sometimes confusing because the A.P.R. includes some, but not all, of the various fees and insurance premiums that accompany a mortgage. And since the federal law that requires lenders to disclose the A.P.R. does not clearly define what goes into the calculation, A.P.R.s can vary from lender to lender and loan to loan.
The A.P.R. on a loan tied to a market index, like a 5/1 ARM, assumes the market index will never change. But ARMs were invented because the market index changes and makes fixed rate loans cheaper or more expensive to make -- that's why they're variable rate in the first placed!
So, A.P.R.s are at best inexact. The lesson is, that A.P.R. can be a guide, but you need a mortgage professional to help you find the truly best loan for you.
Note when you're browsing for loan terms that the A.P.R. will not tell you about balloon payments or prepayment penalties, or how long your rate is locked. Also, you'll see that A.P.R.s on 15-year loans will carry a higher relative rate due to the fact that points are amortized over a shorter period of time.
- Appraisal
An estimate of the value of
property, made by a qualified professional called an "appraiser".
- Assessment
A local tax levied against a
property for a specific purpose, such as a sewer or street lights.
- Assumption
The agreement between
buyer and seller where the buyer takes over the payments on an existing mortgage from the
seller. Assuming a loan can usually save the buyer money since this is an existing
mortgage debt, unlike a new mortgage where closing cost and new, probably higher,
market-rate interest charges will apply.
- 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.
- Blanket Mortgage
A mortgage covering at least
two pieces of real estate as security for the same mortgage.
- Borrower (Mortgagor)
One who applies for and
receives a loan in the form of a mortgage with the intention of repaying the loan in
full
- Broker
An individual in the
business of assisting in arranging funding or negotiating contracts for a client buy who
does not loan the money himself. Brokers usually charge a fee or receive a commission for
their services.
- Buy-down
When the lender and/or
the home builder subsidized the mortgage by lowering the interest rate during the first
few years of the loan. While the payments are initially low, they will increase when the
subsidy expires.
- 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.)
- Caps (interest)
Consumer safeguards which
limit the amount the interest rate on an adjustable rate mortgage may change per year
and/or the life of the loan.
- Caps (payment)
Consumer safeguards which
limit the amount monthly payments on an adjustable rate mortgage may change.
- Certificate of Eligibility ,
The document given to
qualified veterans which entitles them to VA guaranteed loans for homes, business, and
mobile homes. certificates of eligibility may be obtained by sending DD-214 (Separation
Paper) to the local VA office with VA form 1880 (request for Certificate of
Eligibility)
- Certificate of Reasonable Value
(CRV)
An appraisal issued by the
Veterans Administration showing the property's current market value
- Certificate of veteran status
The document given to
veterans or reservists who have served 90 days of continuous active duty (including
training time) It may be obtained by sending DD 214 to the local VA office with form
26-8261a (request for certificate of veteran status. This document enables veterans to
obtain lower down payments on certain FHA insured loans).
- Closing
The meeting between the
buyer, seller and lender or their agents where the property and funds legally change
hands. Also called settlement. closing costs usually include an origination fee, discount
points, appraisal fee, title search and insurance, survey, taxes, deed recording fee,
credit report charge and other costs assessed at settlement. The cost of closing usually
are about 3 percent to 6 percent of the mortgage amount.
- Commitment
A promise by a lender to
make a loan on specific terms or conditions to a borrower or builder. A promise by an
investor to purchase mortgages from a lender with specific terms or conditions. an
agreement, often inwriting, between a lender and a borrower to loan money at a future date
subject to the completion of paperwork or compliance with stated conditions.
- Construction loan
A short term interim loan to
pay for the construction of buildings or homes. These are usually designed to provide
periodic disbursements to the builder as he progresses.
- Contract sale or deed:
A contract between purchaser
and a seller of real estate to convey title after certain conditions have been met. It is
a form of installment sale.
- Conventional loan
A mortgage not insured by
FHA or guaranteed by the VA.
- Credit Report
A report documenting
the credit history and current status of a borrower's credit standing.
- Debt-to-Income Ratio
The ratio, expressed as a
percentage, which results when a borrower's monthly payment obligation on long-term debts
is divided by his or her gross monthly income. See housing expenses-to-income ratio.
- Deed of trust
In many states, this
document is used in place of a mortgage to secure the payment of a note.
- Default
Failure to meet legal
obligations in a contract, specifically, failure to make the monthly payments on a
mortgage.
- Deferred Interest
Found in a Payment Option ARM When a mortgage is written
with a monthly payment that is less than required to satisfy the note rate, the unpaid
interest is deferred by adding it to the loan balance. See negative amortization
- Delinquency
Failure to make payments on
time. this can lead to foreclosure.
- Department of Veterans Affairs
(VA)
An independent agency of the
federal government which guarantees long-term, low-or no-down payment mortgages to
eligible veterans.
- Discount Point
see point
- Down Payment
Money paid to make up the
difference between the purchase price and the mortgage amount.
- Due-on-Sale-Clause
A provision in a
mortgage or deed of trust that allows the lender to demand immediate payment of the
balance of the mortgage if the mortgage holder sells the home.
- Earnest Money
Money given by a buyer to a
seller as part of the purchase price to bind a transaction or assure payment.
- Entitlement
The VA home loan benefit is
called entitlement. Entitlement for a VA guaranteed home loan. This is also known as
eligibility.
- Equal Credit Opportunity Act
(ECOA)
Is a federal law that
requires lenders and other creditors to make credit equally available without
discrimination based on race, color, religion, national origin, age, sex, marital status
or receipt of income from public assistance programs.
- Equity
The difference between the
fair market value and current indebtedness, also referred to as the owner's interest. The
value an owner has in real estate over and above the obligation against the
property.
- Escrow
An account held by the
lender into which the home buyer pays money for tax or insurance payments. Also earnest
deposits held pending loan closing.
- Fannie Mae
seeFederal National
Mortgage Association.
- Farmers Home Administration
(FmHA)
provides financing to
farmers and other qualified borrowers who are unable to obtain loans elsewhere.
- Federal Home Loan Bank Board
(FHLBB)
The former name for the
regulatory and supervisory agency for federally chartered savings institutions. Agency is
now called the Office of Thrift Supervision
- Federal Home Loan Mortgage Corporation(FHLMC)
also called "Freddie Mac",
is a quasi-governmental
agency that purchases conventional mortgage from insured depository institutions and
HUD-approved mortgage bankers
- Federal Housing Administration
(FHA)
A division of the Department
of Housing and Urban Development. Its main activity is the insuring of residential
mortgage loans made by private lenders. FHA also sets standards for underwriting
mortgages.
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- Federal National Mortgage Association
(FNMA) also know as "Fannie
Mae"
A tax-paying corporation
created by Congress that purchases and sells conventional residential mortgages as well as
those insured by FHA or guaranteed by VA. This institution, which provides funds for one
in seven mortgages, makes mortgage money more available and more affordable.
- FHA loan
a loan insured by the
Federal Housing Administration open to all qualified home purchasers. While there are
limits to the size of FHA loans ($155,250 as of 1/1/96), they are generous enough to
handle moderately-priced homes almost anywhere in the country.
- FHA mortgage insurance
Requires a fee (up to 2.25
percent of the loan amount) paid at closing to insure the loan with FHA. In addition, FHA
mortgage insurance requires an annual fee of up to 0.5 percent of the current loan amount,
paid in monthly installments. The lower the down payment, the more years the fee must be
paid.
- FHLMC
The Federal Home Loan
Mortgage Corporation provides a secondary market for savings and loans by purchasing their
conventional loans. Also known as "Freddie Mac."
- Firm Commitment
A promise by FHA to insure a
mortgage loam for a specified property and borrower. A promise from a lender to make a
mortgage loan.
- Fixed Rate Mortgage
The mortgage interest rate
will remain the same on these mortgages throughout the term of the mortgage for the
original borrower.
- FNMA
The Federal National
Mortgage Association is a secondary mortgage institution which is the largest single
holder of home mortgages in the United States. FNMA buys VA, FHA, and conventional
mortgages from primary lenders. Also known as "Fannie Mae."
- Foreclosure
A legal process by which the
lender or the seller forces a sale of a mortgaged property because the borrower has not
met the terms of the mortgage. Also known as a repossession of property.
- Freddie Mac
see Federal Home
Loan Mortgage Corporation
- Ginnie Mae
see Government National
Mortgage Association.
- Government National Mortgage Association
(GNMA)
Graduated Payment
Mortgage (GPM)
A type of flexible-payment
mortgage where the payments increase for a specified period of time and then level off.
This type of mortgage has negative amortization built into it.
- Guaranty
A promise by one party
to pay a debt or perform an obligation contracted by another if the original party fails
to pay or perform according to a contract
- Hazard Insurance
A form of insurance in which
the insurance company protects the insured from specified losses, such as fire, windstorm
and the like.
- Housing Expenses-to-Income Ratio
The ratio, expressed
as a percentage, which results when a borrower's housing expenses are divided by his/her
gross monthly income. See debt-to-income ratio.
- Impound
That portion of a borrower's
monthly payments held by the lender or servicer to pay for taxes, hazard insurance,
mortgage insurance, lease payments, and other items as they become due. Also known as
reserves.
- Index
A published interest rate
against which lenders measure the difference between the current interest rate on an
adjustable rate mortgage and that earned by other investments (such as one- three-, and
five-year U.S. Treasury security yields, the monthly average interest rate on loans closed
by savings and loan institutions, and the monthly average costs-of-funds incurred by
savings and loans), which is then used to adjust the interest rate on an adjustable
mortgage up or down.
- Interim Financing
A construction loam made
during completion of a building or a project. A permanent loan usually replaces this loan
after completion.
- Investor
A money source for a
lender.
- Jumbo Loan
a loan which is larger
(more than $214,600 as of 1/1/97) than the limits set by the Federal National Mortgage
Association and the Federal Home Loan Mortgage Corporation. Because jumbo loans
cannot be funded by these two agencies, they usually carry a higher interest rate.
- Lien
A claim upon a piece of
property for the payment or satisfaction of a debt or obligation.
- Loan-to-Value Ratio
The relationship
between the amount of the mortgage loan and the appraised value of the property expressed
as a percentage.
- Margin
The amount a lender adds to
the index on an adjustable rate mortgage to establish the adjusted interest rate.
- Market Value
The highest price that a
buyer would pay and the lowest price a seller would accept on a property. Market value may
be different from the price a property could actually be sold for at a given time.
- MIP (Mortgage Insurance Premium)
It is insurance from FHA to
the lender against incurring a loss on account of the borrower's default.
- Mortgage Insurance
Money paid to insure the
mortgage when the down payment is less than 20 percent. See private mortgage insurance,
FHA mortgage insurance.
- Mortgagee
The lender
- Mortgagor
The borrower or
homeowner
- Negative Amortization
Found in a Payment Option ARM
Occurs when your monthly
payments are not large enough to pay all the interest due on the loan. This unpaid
interest is added to the unpaid balance of the loan. the danger of negative amortization
is that the home buyer ends up owing more than the original amount of the loan.
- Net Effective Income
The borrower's gross income
minus federal income tax.
- Non Assumption Clause
A statement in a
mortgage contract forbidding the assumption of the mortgage without the prior approval of
the lender. Note: The signed obligation to pay a debt, as a mortgage note.
- Office of Thrift Supervision (OTS)
The regulatory and
supervisory agency for federally chartered savings institutions. Formally known as
Federal Home Loan Bank Board
- Origination Fee
The fee charged by a
lender to prepare loan documents, make credit checks, inspect and sometimes appraise a
property; usually computed as a percentage of the face value of the loan.
- Permanent Loan
A long term mortgage,
usually ten years or more. Also called an "end loan."
- PITI
Principal, Interest, Taxes
and Insurance. Also called monthly housing expense.
- Pledged account Mortgage (PAM):
Money is placed in a pledged
savings account and this fund plus earned interest is gradually used to reduce mortgage
payments.
- Points (loan discount points)
Prepaid interest assessed at
closing by the lender. Each point is equal to 1 percent of the loan amount (e.g., two
points on a $100,000 mortgage would cost $2,000).
- Power of Attorney
A legal document authorizing
one person to act on behalf of another.
- Prepaid Expenses
Necessary to create an
escrow account or to adjust the seller's existing escrow account. Can include taxes,
hazard insurance, private mortgage insurance and special assessments.
- Prepayment
A privilege in a mortgage
permitting the borrower to make payments in advance of their due date.
- Prepayment Penalty
Money charged for an early
repayment of debt. Prepayment penalties are allowed in some form (but not necessarily
imposed) in many states.
- Primary Mortgage Market
Lenders making mortgage
loans directly to borrower's such as savings and loan associations, commercial banks, and
mortgage companies. These lenders sometimes sell their mortgages into the secondary
mortgage markets such as to FNMA or GNMA, etc.
- Principal
The amount of debt, not
counting interest, left on a loan.
- Private Mortgage Insurance
(PMI)
In the event that you
do not have a 20 percent down payment, lenders will allow a smaller down payment - as low
as 5 percent in some cases. With the smaller down payment loans, however, borrowers are
usually required to carry private mortgage insurance. Private mortgage insurance will
usually require an initial premium payment and may require an additional monthly fee
depending on you loan's structure.
- Realtor
A real estate broker or an
associate holding active membership in a local real estate board affiliated with the
National Association of Realtors.
- Recision
The cancellation of a
contract. With respect to mortgage refinancing, the law that gives the homeowner three
days to cancel a contract in some cases once it is signed if the transaction uses equity
in the home as security.
- Recording Fees
Money paid to the lender for
recording a home sale with the local authorities, thereby making it part of the public
records.
- Refinance
Obtaining a new mortgage
loan on a property already owned. Often to replace existing loans on the property.
- Renegotiable Rate Mortgage
a loan in which the interest
rate is adjusted periodically. See adjustable rate mortgage.
- RESPA
short for the Real Estate
Settlement Procedures Act. RESPA is a federal law that allows consumers to review
information on known or estimated settlement cost once after application and once prior to
or at a settlement. The law requires lenders to furnish the information after application
only.
- Reverse Annuity Mortgage (RAM)
a form of mortgage in
which the lender makes periodic payments to the borrower using the borrower's equity in
the home asSatisfaction of Mortgage: The document issued by the mortgagee when the
mortgage loam is paid in full. Also called a "release of mortgage."
- Second Mortgage
A mortgage made subsequent
to another mortgage and subordinate to the first one.
- Secondary Mortgage Market
The place where primary
mortgage lenders sell the mortgages they make to obtain more funds to originate more new
loans. It provides liquidity for the lenders. security.
- Servicing
all the steps and operations
a lender performs to keep a loan in good standing, such as collection of payments, payment
of taxes, insurance, property inspections and the like.
- Settlement/Settlement Costs
see closing/closing costs
- Shared Appreciation Mortgage
(SAM)
a mortgage in which a
borrower receives a below-market interest rate in return for which the lender (or another
investor such as a family member or other partner) receives a portion of the future
appreciation in the value of the property. May also apply to mortgage where the borrowers
shares the monthly principal and interest payments with another party in exchange for part
of the appreciation.
- Simple Interest
Interest which is computed
only on the principle balance.
- Survey
A measurement of land,
prepared by a registered land surveyor, showing the location of the land with reference to
know points, its dimensions, and the location and dimensions of any buildings.
- Sweat Equity
Equity created by a
purchaser performing work on a property being purchased.
- Title
a document that gives
evidence of an individual's ownership of property.
- Title Insurance
a policy, usually issued by
a title insurance company, which insures a home buyer against errors in the title search.
The cost of the policy is usually a function of the value of the property, and is often
borne by the purchaser and/or seller. Policies are also available to protect the lender's
interests.
- Title Search
an examination of municipal
records to determine the legal ownership of property. Usually is performed by a title
company.
- Truth-In-Lending
a federal law requiring
disclosure of the Annual Percentage Rate to home buyers shortly after they apply for the
loan. Also known as Regulation Z.
- Two-Step Mortgage
a mortgage in which
the borrower receives a below-market interest rate for a specified number of years (most
often seven or 10), and then receives a new interest rate adjusted (within certain limits)
to market conditions at that time. the lender sometimes has the option to call the loan
due with 30 days notice at the end of seven or 10 years. also called "Super
Seven" or "Premier" mortgage.
- Underwriting
the decision whether to make
a loan to a potential home buyer based on credit, employment, assets, and other factors
and the matching of this risk to an appropriate rate and term or loan amount.
- USURY
Interest charged in
excess of the legal rate established by law.
- VA Loan
a long-term, low-or no-down
payment loan guaranteed by the Department of Veterans Affairs. Restricted to individuals
qualified by military service or other entitlements.
- VA Mortgage Funding Fee
a premium of up to 1-7/8
percent (depending on the size of the down payment) paid on a VA-backed loan. On a $75,000
fixed-rate mortgage with no down payment, this would amount to $1,406 either paid at
closing or added to the amount financed.
- Variable Rate Mortgage (VRM)
see adjustable rate
mortgage
- Verification of Deposit (VOD)
a document signed by the
borrower's financial institution verifying the status and balance of his/her financial
accounts.
- Verification of Employment
(VOE)
a document signed by
the borrower's employer verifying his/her position and salary.
- Warehouse Fee
Many mortgage firms must
borrow funds on a short term basis in order to originate loans which are to be sold later
in the secondary mortgage market (or to investors). When the prime rate of interest is
higher on short term loans than on mortgage loans, the mortgage firm has an economic loss
which is offset by charging a warehouse fee.
- Wraparound mortgage
results when an
existing assumable loan is combined with a new loan, resulting in an interest rate
somewhere between the old rate and the current market rate. The payments are made to a
second lender or the previous homeowner, who then forwards the payments to the first
lender after taking the additional amount off the top.