MORTGAGE GLOSSARY OF TERMS
Abandonment
The voluntary surrender of property owned or leased. Abandonment does not relieve obligations associated with ownership or lease.
Abatement
A reduction in amount or intensity. Usually relates to a decrease in taxes or payments due.
Abrogate
Abolish, withdraw, cancel.
Absolute Title
A title that is clear, without any liens or judgments.
Abstract Update
Making current an existing Abstract of Title.
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.
Acknowledgement
A declaration by a person who has signed a document that such signature is a voluntary act, made before a duly authorized person.
Act of God
An unpreventable destructive occurrence of the natural world.
Addendum
Something added as an attachment to a contract.
Adjustable Rate Mortgage (ARM)
An adjustable rate mortgage (ARM) can offer upfront savings if the loan’s initial interest rate is lower than fixed rate mortgage types. ARMs may come with a fixed period where the interest rate remains the same and then after that period the rate adjusts to the market, changing either monthly or yearly. This can benefit borrowers who move frequently, plan to refinance before the loan adjusts, or expect to earn more income in a few years. Keep in mind that ARMs can become more expensive if interest rates rise.
Adjustment Date
The date that the interest rate changes on an adjustable rate mortgage (ARM).
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.
Adjustment Period
The period elapsing between adjustment dates for an adjustable rate mortgage (ARM).
Affordability Analysis
An analysis of a buyer’s ability to afford the purchase of a home. Reviews income, liabilities, and available funds, and considers the type of mortgage you plan to use, the area where you want to purchase a home, and the closing costs that are likely.
Amortization
Loan payment divided into equal periodic payments calculated to pay off the debt at the end of a fixed period, including accrued interest on the outstanding balance.
Amortization Schedule
A table that shows the periodic payments of interest and principal and the unpaid balance for each term, usually for each month of the term of the loan.
Amortization Term
The length of time required to amortize the mortgage loan expressed as a number of months. For example, 360 months is the amortization term for a 30-year fixed rate mortgage.
Annual Percentage Rate (APR)
The measurement of the full cost of a loan including interest and loan fees expressed as a yearly percentage rate. Because all lenders apply the same rules in calculating the annual percentage rate, it provides consumers with a good basis for comparing the cost of different loans.
Appraisal
An estimate of the value of property made by a qualified professional called an “appraiser.”
Appraised Value
An opinion of a property’s fair market value, based on an appraiser’s knowledge, experience, and analysis of the property.
Appraiser
One qualified to estimate the value of real property. (Usually a certified, general, residential, or licensed appraiser)
Arm’s Length Transaction
A transaction among parties, each of whom acts in his or her best interest.
Assignment
The transfer of a mortgage from one person to another.
Assumability
An assumable mortgage can be transferred from the seller to the new buyer. Generally requires a credit review of the new borrower and lenders may charge a fee for the assumption. If a mortgage contains a due on sale clause, it may not be assumed by a new buyer.
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.
Attest
To witness by observation and signature.
Back End Ratio
One of several criteria used to qualify a loan. The back end ratio takes into consideration all current indebtedness.
Balloon Mortgage
A loan which is amortized for a longer period than the term of the loan. Usually this refers to a thirty year amortization and a five or seven year term. At the end of the term of the loan, the remaining outstanding principal on the loan is due. This final payment is known as a balloon payment.
Balloon Payment
The final lump sum paid at the maturity date of a balloon mortgage.
Bankruptcy
The financial inability to pay one’s debts when due and the debtor seeks relief through court action that may restructure the debts or erase the debt.
Beneficiary
The person who receives or is to receive the benefits from a specific action or act.
Bill of Sale
A written instrument given to pass Title of personal property from the seller to the buyer.
Bi-Weekly Payment Mortgage
A plan to reduce the debt every two weeks (instead of the standard monthly payment schedule). The 26 (or possibly 27) biweekly payments are each equal to one half of the monthly payment required if the loan were a standard 30-year fixed rate mortgage. The result for the borrower is a substantial savings in interest.
Blanket Mortgage
A mortgage covering at least two pieces of real estate as security for the same mortgage.
Blended Rate
An interest rate applied to a refinanced loan that is higher than the old rate but lower than the new rate usually offered as an inducement. In a refinance with a simultaneous first and second mortgage an average of the first and second mortgage rates calculated with the percentage of each loan in relation to the total loan. (The average is not an average of the two rates only)
Bona Fide
In good faith, without fraud.
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.
Bridge Loan
A second trust that is collateralized by the borrower’s present home allowing the proceeds to be used to close on a new house before the present home is sold. Also known as “swing loan.”
Broker
An individual in the business of assisting in arranging funding or negotiating contracts for a client but 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 to lower 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 of change to the interest rate for an adjustable rate mortgage.
Caps (payment)
Consumer safeguards which limit the amount of change to the monthly payments for an adjustable rate mortgage.
Ceiling
The maximum allowable interest rate over the life of the loan of an adjustable rate mortgage.
Certificate of Eligibility (COE)
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 form DADA (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 Title
A statement provided by an abstract company, title company, or attorney stating that the title of real estate is legally held by the current owner.
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.
Chattel
Personal property. Anything owned other than real estate.
Change Frequency
The frequency (in months) of payment and/or interest rate changes in an adjustable rate mortgage (ARM).
Clear Title
A Marketable Title or one free of clouds.
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.
Closing Agent
A third party who prepares the paperwork and conducts the closing or settlement.
Closing Costs
Expenses over and above the price of the property that are incurred by buyers and sellers when transferring ownership of a property. Closing costs normally include an origination fee, property taxes, charges for title insurance and escrow costs, appraisal fees, etc. Closing costs will vary according to the area country and the lenders used.
Cloud on Title
An outstanding claim or encumbrance on the title.
Code of Ethics
A statement of principles concerning behavior of those who subscribe to the code.
COFI
An adjustable rate mortgage with a rate that adjusts based on a cost-of-funds index, often the 11th District Cost of Funds.
Collateral
Property pledged as security for a debt.
Combined Loan To Value
The relationship between the unpaid principal balances of all the mortgages on a property and the properties appraised value or the loan amount whichever is less.
Commitment
A pledge or promise, a firm agreement.
Conforming Loan
A loan that is eligible for purchase by FNMA or FHLMC.
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 or she progresses.
Consumer Reporting Agency / Consumer Reporting Bureau
An organization that handles the preparation of reports used by lenders to determine a potential borrower’s credit history. The agency gets data for these reports from a credit repository and other sources.
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.
Controlled Business Arrangement
A brokerage office that provides related services through subsidiary companies.
Conventional Loan
A mortgage not insured by FHA or guaranteed by VA.
Conversion Clause
A provision in an ARM allowing the loan to be converted to a fixed rate at some point during the term. Usually conversion is allowed at the end of the first adjustment period. The conversion feature may cost extra.
Conveyance
The transfer of the Title of real estate from one to another.
Covenant
Promise written into Deeds and other instruments agreeing to performance or non-performance of certain acts or preventing certain uses of the property.
Credit Report
A report documenting the credit history and current status of a borrower’s credit standing.
Credit Repository
An organization that gathers, records, updates, and stores financial and public records information about the payment records of individuals who are being considered for credit.
Credit Risk Score
A credit risk score is a statistical summary of the information contained in a consumer’s credit report. The most well known type of credit risk score is the Fair Isaac or FICO score. This form of credit scoring is a mathematical summary calculation that assigns numerical values to various pieces of information in the credit report. The overall credit risk score is highly relative in the credit underwriting process for a mortgage loan.
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.
Decree
An order issued by one in authority.
Deed
A written instrument properly signed and delivered that conveys Title to real property.
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
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.
Disclaimer
A statement whereby responsibility is rejected. A renunciation of ownership of a property.
Discount Point
Amount paid to the lender at the time of origination of the loan to account for the difference between the market rate and the lower face rate of the note.
Donor
One who gives.
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.
Effective Interest Rate
The cost of credit on a yearly basis expressed as a percentage that includes up-front costs paid to obtain the loan. It is higher than the interest rate stipulated in the mortgage note.
Ejectment
Action to regain possession of real property.
Encumbrance
A claim against a property by another party which usually affects the ability to transfer ownership of the property.
Entitlement
The VA home loan benefit is called an entitlement (i.e. 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.
Exculpatory Clause
A provision in a mortgage allowing the borrower to surrender the property without personal liability for the loan.
Executed Contract
A contract whose terms have been completely fulfilled.
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.
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 part 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.
Fannie Mae
See Federal National Mortgage Association
Farmers Home Administration (FHMA)
Provides financing to farmers and other qualified borrowers who are unable to obtain loans elsewhere.
Federal Home Loan Bank Board
The former name for the regulatory and supervisory agency for federally chartered savings institutions. The agency is now called the Office of Thrift Supervision.
Federal Home Loan Mortgage Corporation (FHLMC)
also called “Freddie Mac” A government sponsored entity 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.
Federal National Mortgage Association
also know as “Fannie Mae” A government sponsored entity that purchases and sells conventional residential mortgages as well as those insured by FHA or guaranteed by VA.
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, 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.
Federal Home Loan Mortgage Corporation (FHMLC)
The Federal Home Loan Mortgage Corporation provides a secondary market for savings and loans by purchasing their conventional loans. Also known as “Freddie Mac.”
FICO Score
A credit score developed by Fair Isaac and Company. A credit score attempts to condense a borrower’s credit history in a single number.
Firm Commitment
A promise by FHA to insure a mortgage loan for a specified property and borrower. A promise from a lender to make a mortgage loan.
First Mortgage
The primary lien against a property
Fixed Installment
The monthly payment due on a mortgage loan including payment of both principal and interest.
Fixed Rate Mortgage
The mortgage interest rate will remain the same on these mortgages throughout the term of the mortgage for the original borrower.
Float
An interest rate that is not fixed.
Flood Insurance
Insurance that compensates for physical property damage resulting from flooding. It is required for properties located in federally designated flood zones.
FNMA
The Federal National Mortgage Association is a secondary mortgage institution. 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.
Fraud
The intentional use of deception to cause another person to suffer loss.
FSBO
For sale by owner.
Full Disclosure
A requirement to reveal all information pertinent to a transaction.
Fully Indexed Rate
In an adjustable rate mortgage (ARM) the interest rate indicated by the sum of the current value of the index and margin applied to the loan.
Funding
Providing cash for the loan. Funds provided by the lender at settlement.
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.
Gift Deed
A Deed for which consideration is love and affection and no material consideration is involved.
Government National Mortgage Association (Ginnie Mae / GNMA)
a government-owned corporation of the United States Federal Government within the Department of Housing and Urban Development (HUD). It was founded in 1968 and works to expand affordable housing by guaranteeing housing loans (mortgages) thereby lowering financing costs such as interest rates for those loans.
Grace Period
The period during which one party may fail to perform without being considered in default.
Graduated Payment Mortgage
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.
Gross Income
For qualifying purposes, the income of the borrower before taxes and expenses are deducted.
Growing Equity Mortgage
A fixed rate mortgage that provides scheduled payment increases over an established period of time. The increased amount of the monthly payment is applied directly toward reducing the remaining balance of the mortgage.
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.
Guarantee Mortgage
A mortgage that is guaranteed by a third party.
Hazard Insurance
A form of insurance in which the insurance company protects the insured from specified losses, such as fire, windstorm and the like.
Home Equity Line of Credit (HELOC)
A loan secured by a second mortgage on one’s principal residence, generally to be used for some non-housing expenditure. The HELOC establishes a credit line that can be drawn upon as needed.
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
The 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.
Indexed Rate
The sum of the published index plus the margin. For example if the index is 4% and the margin is 2.75%, the indexed rate would be 6.75%. Often, lenders charge less than the indexed rate the first year of an adjustable rate mortgage.
Initial Interest Rate
This refers to the original interest rate of the mortgage at the time of closing. This rate changes for an adjustable rate mortgage (ARM). It’s also known as “start rate” or “teaser.”
Installment
The regular periodic payment that a borrower agrees to make to a lender.
Insured Mortgage
A mortgage that is protected by the Federal Housing Administration (FHA) or by private mortgage insurance (MI).
Interest
The fee charged for borrowing money.
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.
Interim Financing
Also called bridge financing or a bridge loan, is often used by a buyer who is selling a home to buy another, but the sale of the first home cannot be completed before the purchase of the second home must be completed.
Investor
A money source for a lender.
Jumbo Loan
A jumbo loan (or jumbo mortgage) is a type of financing where the loan amount is higher than the conforming loan limits set by the Federal Housing Finance Agency (FHFA).
Late Charge
The penalty a borrower must pay when a payment is made a stated number of days after the due date
Lease-Purchase Mortgage Loan
An alternative financing option that allows home buyers to lease a home with an option to buy. Each month’s rent payment consists of principal, interest, taxes and insurance (PITI) payments on the first mortgage plus an extra amount that accumulates in a savings account for a down payment.
Liabilities
A person’s financial obligations. Liabilities include long term and short term debt.
Lien
A claim upon a piece of property for the payment or satisfaction of a debt or obligation.
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.
Lifetime Rate Cap
For an adjustable rate mortgage (ARM), a limit on the amount that the interest rate can increase or decrease over the life of the loan. See cap.
Loan
A sum of borrowed money (principal) that is generally repaid with interest.
Loan To Value Ratio (LTV)
The relationship between the amount of the mortgage loan and the appraised value of the property expressed as a percentage.
Lock
A lender’s guarantee that the mortgage rate quoted will be good for a specific number of days from the day of application.
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.
Maturity
The date on which the principal balance of a loan becomes due and payable.
Mortgage Insurance Premium (MIP)
Insurance from FHA to the lender against incurring a loss on account of the borrower’s default.
Monthly Fixed Installment
The portion of the total monthly payment that is applied toward principal and interest. When a mortgage negatively amortizes, the monthly fixed installment does not include any amount for principal reduction and doesn’t cover all of the interest. The loan balance therefore increases instead of decreasing.
Mortgage
A legal document that pledges a property to the lender as security for payment of a debt.
Mortgage Banker
A company that originates mortgages for resale in the secondary mortgage market.
Mortgage Broker
An individual or company that charges a service fee to bring borrowers and lenders together for the purpose of loan origination.
Mortgagee
The lender.
Mortgage Insurance
Money paid to insure the mortgage when the down payment is less than 20 percent. See private mortgage insurance, FHA mortgage insurance.
Mortgagor
The borrower or homeowner.
Negative Amortization
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 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
A legal document that obligates a borrower to repay a mortgage loan at a stated interest rate during a specified period of time.
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.
Owner Financing
A property purchase transaction in which the party selling the property provides all or part of the financing.
Payment Change Date
The date when a new monthly payment amount takes effect on an adjustable rate mortgage (ARM) or a graduated-payment mortgage (GPM). Generally, the payment change date occurs in the month immediately after the adjustment date.
Periodic Payment Cap
A limit on the amount that payments can increase or decrease during any one adjustment period.
Periodic Rate Cap
A limit on the amount that the interest rate can increase or decrease during any one adjustment period, regardless of how high or low the index might be.
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.
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.
Pre-approval
The process of determining how much money you will be eligible to borrow before you apply for a loan.
Pre-Paid 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, such as savings and loan associations, commercial banks, and mortgage companies, who make mortgage loans directly to borrowers. These lenders sometimes sell their mortgages to the secondary mortgage markets such as FNMA or GNMA, etc…
Principal
The amount borrowed or remaining unpaid. The part of the monthly payment that reduces the remaining balance of a mortgage.
Principal Balance
The outstanding balance of principal on a mortgage not including interest or any other charges.
Principal, Interest, Taxes and Insurance (PITI)
The four components of a monthly mortgage payment. Principal refers to the part of the monthly payment that reduces the remaining balance of the mortgage. Interest is the fee charged for borrowing money. Taxes and insurance refer to the monthly cost of property taxes and homeowners insurance, whether these amounts are paid into an escrow account each month or not.
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 3 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 your loan’s structure.
Qualifying Ratios
A set of ratios that are used by lenders to approve borrowers for a mortgage.
Rate Lock
A commitment issued by a lender to a borrower or another mortgage originator guaranteeing a specified interest rate and lender costs for a specified period of time.
Realtor
A real estate broker or an associate holding active membership in a local real estate board affiliated with the National Association of Realtors.
Rescission
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.
Refinance
Financing your property again, typically with a new loan and at a lower interest rate.
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 costs once after application and once prior to or at settlement. The law requires lenders to furnish the information after application only.
Revolving Liability
A credit arrangement, such as a credit card, that allows a customer to borrow against a pre-approved line of credit when purchasing goods and services.
Real Estate Settlement Procedures Act (RESPA)
A consumer protection law that requires lenders to give borrowers advance notice of closing costs.
Satisfaction of Mortgage
The document issued by the mortgagee when the mortgage loan is paid in full. Also called a “release of mortgage.”
Second Mortgage
Second mortgages, commonly referred to as junior liens, are loans secured by a property in addition to the primary mortgage. Depending on the time at which the second mortgage is originated, the loan can be structured as either a standalone second mortgage or piggyback second mortgage.
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
The property that will be pledged as collateral for a loan.
Seller Carry Back
An agreement in which the owner of a property provides financing, often in combination with an assumable mortgage. See owner financing.
Servicer
An organization that collects principal and interest payments from borrowers and manages borrower escrow accounts. The servicer often services mortgages that have been purchased by an investor in the secondary mortgage market.
Servicing
An organization that collects principal and interest payments from borrowers and manages borrower escrow accounts. The servicer often services mortgages that have been purchased by an investor in the secondary mortgage market.
Settlement / Closing Costs
See closing/closing costs
Simple Interest
Interest which is computed only on the principle balance.
Standard Payment Calculation
The method used to determine the monthly payment required to repay the remaining balance of a mortgage in substantially equal installments over the remaining term of the mortgage at the current interest rate.
Subrogation
The substitution of one person for another. The substituted person acquires all rights.
Survey
A measurement of land, prepared by a registered land surveyor, showing the location of the land with reference to known 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.
Tenancy
The right of possession of real property.
Tenancy By The Entirety
An estate that exists only between husband and wife and equal right of possession and enjoyment during their joint lives with the right of survivorship.
Tenancy in Common
An ownership of real estate by two or more persons each of whom has an undivided interest, without the right of survivorship.
Tenancy in Severalty
Ownership of property by one person or one legal entity (corporate ownership).
Testament
A will.
Third Party Origination
When a lender uses another party to completely or partially originate, process, underwrite, close, fund, or package the mortgages it plans to deliver to the secondary mortgage market.
Time Value of Money
A concept that money available now is worth more than the same amount in the future because of its earning capacity.
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.
Trust
An arrangement whereby property is transferred to a trusted third party (trustee) by a Grantor (trustor). The Trustee holds the property for the benefit of another (Beneficiary).
Trustee
One who holds property in trust for another party to secure performance of an obligation.
Truth In Lending (TILA)
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.
Underwrite
Assume liability for certain events. Guarantee the sale of certain securities. Assess the risk of a situation.
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.
Uniform Settlement Statement
The form prescribed by the Real Estate Settlement Procedures Act for Federally related mortgages.
Unencumbered Property
Real Estate with free and clear title.
Unrecorded Deed
An instrument that transfers Title from one party (grantor) to another party (grantee) without providing public notice of change in ownership.
Unrecorded Loan
A debt that has no collateral or security.
UBAR
Uniform Residential Appraisal Report.
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 one-time fee paid to the Department of Veterans Affairs that supports the VA loan program. Veterans who put down less than 5% on their home purchase will pay 2.3% of the total loan amount when buying a home for the first time and 3.6% on subsequent loans. VA borrowers can pay less on the funding fee by putting down more money on the home. This governmental fee changes periodically. The current fee structure will remain in place until January 1, 2022.
Variable Rate Mortgage
A variable rate mortgage is a type of home loan in which the interest rate is not fixed. Instead, interest payments will be adjusted at a level above a specific benchmark or reference rate.
Verification of Deposit
A document signed by the borrower’s financial institution verifying the status and balance of his/her financial accounts.
Verification of Employment
A document signed by the borrower’s employer verifying his/her position and salary.
Vicarious Liability
The responsibility of one person for the acts of another. The responsibility of an employer for acts of an employee.
Void
Having no legal force or effect; unenforceable.
Waiver
The voluntary renunciation, abandonment, or surrender of some claim, right, or privilege.
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.
Warranty Deed
A deed that guarantees clear title to the buyer of real property.
Zoning
refers to municipal or local laws or regulations that govern how real property can and cannot be used in certain geographic areas