Mortgage
Terms &
Definitions
Acceleration
Clause
A provision
in a
mortgage
that gives
the lender
the right to
demand
payment of
the entire
outstanding
balance if a
monthly
payment is
missed.
Adjustable
Rate
Mortgage
(ARM)
A mortgage
with and
interest
rate that
fluctuates
according to
the
movements of
a
predetermined
index. There
are several
types of
ARM's, some
change
quicker than
others, but
all have a
ceiling cap.
Alternative
Financing
Mortgage
options
available
below market
rate
including
ARM's, buy
down's and
graduated
payment
mortgages (GPM's).
Amortization
The gradual
repayment of
a mortgage
by
installments.
Amortization
Schedule
A timetable
for payment
of a
mortgage
showing the
amount of
each payment
applied to
interest and
principal
and the
remaining
balance of
the loan.
Annual
Percentage
Rate (APR)
The total
cost of your
mortgage
loan
expressed as
an annual
interest
rate. This
includes the
base
interest
rate,
mortgage
insurance,
origination
fees, and
some other
related
fees.
Appraisal
An opinion
by a
licensed
real estate
appraiser
regarding
the fair
market value
of a
property.
Appreciation
Difference
between the
increased
value of a
property and
the original
cost of the
property.
Assumable
Loan
Usually for
a small
assumption
fee, a new
buyer can
take over or
assume the
loan of the
previous
homeowner,
saving
closing cost
and loan
origination
fees. Some
are
non-qualifying
most are
through
qualification.
Balloon
Payment
A loan with
monthly
payments
insufficient
to pay off
the balance
in the
specified
term; the
balance must
be paid in
full when
the loan
comes due.
Broker
(Mortgage)
An
individual
or company
that for a
fee acts as
an
intermediary
between
borrowers
and lenders.
Broker
(Real
Estate)
A person who
has a real
estate
broker's
license, who
may not only
make real
estate
transactions
for others
in exchange
for a fee,
but also may
operate a
real estate
business and
employ
salespersons
and other
brokers.
C
Cap
A provision
of an ARM
limiting how
much the
interest
rate or
mortgage
payments may
increase or
decrease.
Cash
Reserve
A
requirement
of some
lenders that
buyers have
sufficient
cash
remaining
after
closing to
make the
first two
monthly
mortgage
payments.
Clear
Marketable
Title
A title that
is free of
liens or
legal
questions as
to ownership
of property.
Closing
The meeting
at which a
sale of a
property is
finalized by
the buyer
signing the
mortgage
documents
and paying
closing
cost. Also
known as
"settlement."
Closing
Costs
Expenses
(over and
above the
price of the
property)
incurred by
buyers and
sellers in
transferring
ownership of
a property.
Also called
"settlement
costs."
Community
Home Buyer's
Program
An
alternative
financing
option that
allows
households
of modest
means to
qualify for
mortgages
using
nontraditional
credit
histories,
33 percent
housing-to-income
and 38
percent
debt-to-income
ratios, and
the waiver
of the usual
two payments
cash
reserves at
closing.
Condominium
- A form
of property
ownership in
which the
homeowner
holds title
to an
individual
dwelling
unity plus
an interest
in common
areas of a
multi-unit
project, and
sometimes
the
exclusive
use of
certain
limited
common
areas.
Contingency
A condition
that must be
met before a
contract is
legally
binding.
Conventional
Mortgage
Any mortgage
that is not
insured or
guaranteed
by the
federal
government.
Convertible
ARM
An
adjustable-rate-mortgage
that can be
converted to
a fixed-rate
mortgage
under
specified
conditions.
Cooperative
A type of
multiple
ownership in
which the
residents of
a multi-unit
housing
complex own
shares in
the
corporation
that owns
the
property,
giving each
resident the
right to
occupy a
specific
apartment or
unit.
Covenant
A clause in
a mortgage
that
obligates or
restricts
the borrower
and that, if
violated,
can result
in
foreclosure.
Credit
Report
A report of
an
individual's
credit
history
prepared by
a credit
bureau and
used by a
lender in
determining
a loan
applicant's
credit
worthiness.
D
Debt-to-Income
Ratio
Formula used
to qualify
borrowers.
The ratio
expresses,
as a
percent, the
amount of
monthly debt
payments in
relation to
the amount
of monthly
income of a
borrower(s).
Deed
The legal
document
conveying
title to a
property.
Deed of
Trust
The document
used in some
states
instead of a
mortgage;
title is
conveyed to
a trustee
rather than
to the
borrower.
Default
The failure
to make a
mortgage
payment on a
timely basis
or to
otherwise
comply with
other
requirements
of a
mortgage.
Delinquency
A loan in
which a
payment is
overdue but
not yet in
default.
Depreciation
A decline in
the value of
a property;
the opposite
of
"appreciation."
Disclosure
Document
which
describes
all
conditions
of mortgage
loan
including
terms and
interest
rates.
Discount
Points
A one time
charge by
the lender
to increase
the yield of
the loan. A
point is one
percent of
the amount
of the
mortgage.
Down
Payment
The part of
the purchase
price which
the buyer
pays in cash
and does not
finance with
a mortgage.
Due-on-Sale
Clause
A provision
in a
mortgage
allowing the
lender to
demand
repayment in
full if the
borrower
sells the
property
securing the
mortgage.
E
Earnest
Money
A deposit
made by the
potential
home buyer
to show that
he or she is
serious
about buying
the house.
Equal
Credit
Opportunity
Act (ECOA)
A federal
law that
prohibits
lenders from
denying
mortgages on
the basis of
the
borrower's
race, color,
religion,
national
origin, age,
sex, marital
status, or
receipt of
income from
public
assistance
programs.
Equity
A
homeowner's
financial
interest in
a property.
Equity is
the
difference
between the
fair market
value of a
property and
the amount
still owed
on the
mortgage.
Equity
Loan
A loan based
on the
borrower's
equity in
his or her
home.
Escrow
The holding
of documents
and money by
a neutral
third party
prior to
closing;
also, an
account held
by the
lender (or
servicer)
into which a
homeowner
pays money
for taxes
and
insurance.
Exclusive
Agency
Listing
A listing
contract in
which the
agent has
the sole
right to
sell the
home, though
the sellers
are not
bound to pay
the
commission
if they
produce the
buyer.
Exclusive
Right-to-Sell
Contract
A listing
contract in
which the
seller gives
the real
estate
broker the
sole right
to sell; the
person
receives a
commission,
regardless
of who
produces the
buyer.
F
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.
FHA
Mortgage
A mortgage
that is
insured by
the Federal
Housing
Administration.
Also
referred to
as a
"government"
mortgage.
First
Mortgage
A mortgage
that has
first claim
in the event
of default.
Fixed
Rate
Mortgage
A mortgage
in which the
interest
rate does
not change
during the
entire term
of the loan.
Flood
Insurance
Insurance
that
compensates
for physical
property
damages
resulting
from
flooding. It
is required
for
properties
located in
federally
designated
flood areas.
Forbearance
The lender's
postponement
of
foreclosure
to give the
borrower
time to
catch up on
overdue
payments.
Foreclosure
The legal
process by
which a
mortgaged
property may
be sold when
a mortgage
is in
default.
G
Graduated
Payment
Mortgage (GPM)
A mortgage
that starts
with low
monthly
payments
that
increase at
a
predetermined
rate. The
initial
monthly
payments are
set at an
amount lower
than that
required for
full
amortization
of the debt.
H
Hazard
Insurance
Insurance
coverage
that
compensates
for physical
damage to a
property
from fire,
wind,
vandalism,
or other
hazards.
Homeowner's
Insurance
An insurance
policy that
combines
personal
liability
coverage and
hazard
insurance
coverage for
a dwelling
and its
contents.
Homeowner's
Warranty
(HOW)
A type of
insurance
that covers
repairs to
specified
parts of a
house for a
specific
period of
time. It is
provided by
the builder
or property
seller as a
condition of
the sale.
I
Impound
The portion
of a
borrower's
monthly
payments
held by the
lender to
pay taxes,
hazard
insurance
and mortgage
insurance.
Index
The interest
rate to
which
changes in
an
adjustable-rate-mortgage
are pegged.
Interest
Rate
The fee
charged for
borrowing
money.
J
Judicial
Foreclosure
A court
procedure
used by
lenders to
secure clear
title to a
property
under a
defaulted
real estate
loan.
Jumbo
Loan
A loan which
is larger
(more than
$322,700)
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.
L
Late
Charge
The penalty
a borrower
must pay
when a
payment is
made after
the due
date.
Lien
A legal
claim
against a
property
that must be
paid off
when the
property is
sold.
Lifetime
Cap
A provision
of an ARM
that limits
the highest
rate that
can occur
over the
life of the
loan.
Listing
Contract
A contract
with a
broker or
firm the
sellers hire
to represent
them in the
sale of
their home,
according to
the terms of
sale that
they
specify. In
exchange for
producing a
ready-willing-and-able
buyer, the
agent is
paid a
commission.
Loan
Application
Fee
A lender's
fee, usually
ranging from
$75 to $300,
which the
buyer must
pay when
applying for
a mortgage.
Loan
Commitment
A formal
offer by a
lender
stating the
terms under
which it
agrees to
lend money
to a home
buyer.
Loan
Origination
Fee
A fee
charged by
the lender
for
processing a
mortgage.
Loan
Servicing
The
collection
of mortgage
payments
from
borrowers
and related
responsibilities
of a loan
servicer.
Loan-to-Value
Ratio (LTV)
The
relationship
between the
unpaid
principal
balance of
the mortgage
and the
appraised
value (or
sales price
if it is
lower) of
the
property.
Lock-In
A written
agreement
guaranteeing
the home
buyer a
specified
interest
rate
provided the
loan is
closed
within a set
period of
time. The
lock-in also
usually
specifies
the number
of points to
be paid at
closing.
M
Margin
The set
percentage
the lender
adds to the
index rate
to determine
the current
interest
rate of an
ARM.
Market
Rate
The average
rate charged
by lenders
for
conventional,
fixed-rate
loans.
Mortgage
Banker
A company
that
originates
mortgages
exclusively
for resale
in the
secondary
market.
Mortgage
Broker
An
individual
or company
that for a
fee acts as
an
intermediary
between
borrowers
and lenders.
Mortgage
Insurance
(Also known
as Private
Mortgage
Insurance (PMI))
Insurance
provided by
nongovernmental
insurers
that
protects
lenders
against loss
if a
borrower
defaults.
Fannie Mae
generally
requires
private
mortgage
insurance
for loans
with
loan-to-value
(LTV) ratios
greater than
80 percent.
Mortgage
Insurance
Premium
(MIP)
The fee paid
by a
borrower to
FHA or a
private
insurer for
mortgage
insurance.
Mortgage
Note
A legal
document
obligating a
borrower to
repay a loan
at a stated
interest
rate during
a specified
period of
time; the
mortgage
note is
secured by a
mortgage.
Mortgagee
The lender
in a
mortgage
agreement.
Mortgagor
The borrower
in a
mortgage
agreement.
Multiple
Listing
Service
(MLS)
A networking
system,
frequently
on computer,
in which a
number of
real estate
firms share
information
about their
client's
homes that
are for
sale.
N
Negative
Amortization
A gradual
increase in
the mortgage
debt that
occurs when
the monthly
payment is
not large
enough to
cover the
entire
principal
and interest
due. The
amount of
the
shortfall is
added to the
unpaid
principal
balance to
create
"negative"
amortization.
Notice of
Default
A formal
written
notice to a
borrower
that a
default has
occurred and
that legal
action may
be taken.
O
Offer to
Purchase and
Acceptance
An offer of
purchase
that has
been signed
by both
buyer and
seller. A
firm
contract
that
outlines all
details of
the property
transaction.
Also known
as a
contract of
sale or
sales
contract.
Offer to
Purchase or
Purchase
Offer
A document
that list
the price,
conditions,
and terms
under which
the buyer is
willing to
purchase a
property.
Also known
as an
earnest
money
agreement,
contract of
purchase or
deposit
receipt.
Open
Listing
A listing
contract in
which
sellers hire
more than
one firm or
person to
sell their
home, and
only the one
who produces
the buyer is
entitled to
the
commission,
Origination
Fee
A fee paid
to a lender
for
processing a
loan
application;
it is stated
as a
percentage
of the
mortgage
amount.
P
Payment
Cap
A provision
of some
ARM's
limiting the
amount by
which a
borrower's
payments may
increase
regardless
of any
interest
rate
increase;
may result
in negative
amortization.
PITI
Acronym for
principal,
interest,
taxes, and
insurance
the
components
of a monthly
mortgage
payment.
Points
A one time
charge by
the lender
to increase
the yield of
the loan; a
point is 1
percent of
the amount
of the
mortgage.
Pre-approval
The process
of
determining
that a
borrower is
credit
approved up
to a
predetermined
amount. The
borrower is
credit
approved
pending the
locating of
a home that
meets the
predetermined
loan
criteria.
Prepayment
Penalty
A fee that
may be
charged to a
borrower who
pays off a
loan before
it is due.
Prequalificiation
The process
of
determining
how much
money a
prospective
home buyer
will be
eligible to
borrow
before a
loan is
applied for.
Principal
The amount
borrowed or
remaining
unpaid;
also, that
part of the
monthly
payment that
reduces the
outstanding
balance of a
mortgage.
Private
Mortgage
Insurance (PMI)
Insurance
provided by
nongovernmental
insurers
that
protects
lenders
against loss
if a
borrower
defaults.
Fannie Mae
generally
requires
private
mortgage
insurance
for loans
with
loan-to-value
(LTV)
percentages
greater than
80 percent.
Purchase
and Sale
Agreement
A written
contract
signed by
the buyer
and seller
stating the
terms and
conditions
under which
a property
will be
sold.
Q
Qualifying
Ratios
Guidelines
applied by
the lenders
to determine
how large a
loan to
grant a home
buyer.
R
Radon
A
radioactive
gas found in
some homes
that in
sufficient
concentrations
can cause
health
problems.
Rate Lock
A written
agreement
guaranteeing
the home
buyer a
specified
interest
rate
provided the
loan is
closed
within a set
period of
time. The
lock-in also
usually
specifies
the number
of points to
be paid at
closing.
Also known
as Lock-in.
Real
Estate Agent
A person
licensed to
negotiate
and transact
the sale of
real estate
on behalf of
the property
owner.
Real
Estate
Settlement
Procedures
Act (RESPA)
A consumer
protection
law that
requires
lenders to
give
borrowers
advance
notice of
closing
costs.
Realtor
A collective
membership
mark that
may be used
only by real
estate
professionals
who are
members of
the National
Association
of Realtors
and
subscribe to
its strict
code of
ethics.
Refinancing
The process
of paying
off one loan
with the
proceeds
from a new
loan using
the same
property as
security.
Reverse
Mortgage
Also called
"equity
conversion
mortgage,"
these loans
permit
senior
citizens to
convert the
equity in
their homes
to income.
The lender
makes
monthly cash
payments to
the
homeowner,
and
repayment is
deferred for
a set period
or until the
homeowner
dies and the
house is
sold.
S
Second
Mortgage
A mortgage
that has a
lien
position
subordinate
to the first
mortgage.
Secondary
Market
The buying
and selling
of existing
mortgages.
Seller
Take-Back
An agreement
in which the
owner of a
property
provides
financing,
often in
combination
with an
assumed
mortgage.
Settlement
The meeting
at which a
sale of a
property is
finalized by
the buyer
signing the
mortgage
documents
and paying
closing
cost. Also
known as
"Closing."
Settlement
Sheet
-The
computation
of costs
payable at
closing that
determines
the seller's
net proceeds
and the
buyer's net
payment.
Survey
A drawing or
map showing
the precise
legal
boundaries
of a
property,
the location
of
improvements,
easements,
rights of
way,
encroachments,
and other
physical
features.
T
Tenancy
by Entirety
A type of
joint
ownership of
property
that
provides
right of
survivorship
and is
available
only to a
husband and
wife.
Tenancy
in Common
A type of
joint
ownership in
a property
without
right of
survivorship.
Title
A legal
document
evidencing a
person's
right to or
ownership of
a property.
Title
Company
A company
that
specializes
in examining
an insuring
titles to
real estate.
Title
Insurance
Insurance to
protect the
lender
(lender's
policy) or
the buyer
(owner's
policy)
against loss
arising from
disputes
over
ownership of
property.
Title
Search
A check of
the title
records to
ensure that
the seller
is the legal
owner of the
property and
that there
are no liens
or other
claims
outstanding.
Treasury
Securities
Treasury
securities
and T-Bills
are common
indexes for
adjustable
rate
mortgages
(ARMS).
Truth-in-Lending
(TIL)
A federal
law that
requires
lenders to
fully
disclose, in
writing, the
terms and
conditions
of a
mortgage
including
the "annual
percentage
rate (APR)"
and other
charges.
U
Underwriting
The process
of
evaluating a
loan
application
to determine
the risk
involved for
the lender.
It involves
an analysis
of the
borrower's
credit
worthiness
and the
quality of
the property
itself.
V
VA Loan
A loan that
is
guaranteed
by the
Department
of Veterans
Affairs.
Also
referred to
as a
"government"
mortgage.
Variable
Rate
Mortgage
Adjustable
Rate
Mortgage.
Vested
One has a
right to use
a portion of
a fund, such
as an
individual's
retirement
fund.
Z
Zero
Percent
Financing
A loan with
no interest
in the
contract.
The IRS
imputes 10
percent for
both
borrower and
lender.
Zoning
The right of
a community,
under its
police
power, to
dictate the
use of
property
within its
boundaries.