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