- ADJUSTABLE
RATE MORTGAGE (ARM):
- A mortgage
that permits the lender to adjust its interest
rate periodically on the basis of changes
in a specified index.
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- AMORTIZATION:
- The gradual
reduction of a debt by means of periodic payments
sufficient to pay principal and interest
and thereby liquidate the debt.
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- APR
(ANNUAL PERCENTAGE RATE):
- A term used
in the Truth in Lending
Act to represent the percentage relationship
of the total finance charge to the amount of the
loan. Important in preparing the Federal Truth
in Lending Disclosure Statement.
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- APPRAISAL:
- A report
made by a qualified person setting forth an opinion
or estimate of value. The term also refers to
the process by which this estimate is obtained.
In conventional
mortgages and in HUD-FHA Direct Endorsement program,
the lender receives a copy of the complete report
showing the basis for the appraiser's estimate.
In VA cases and in HUD applications processed
by HUD, the lender receives any detailed supporting
data.
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- BALLOON
NOTE:
- Type of
mortgage requiring a repayment of the outstanding
principal balance prior to the expiration of the
amortization period.
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- BUYDOWN:
- Funds paid
at closing to reduce the
interest rate for the
first 2 or 3 years. The qualifying rate will be
the rate in the first year.
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- CAP:
- A provision
of an ARM limiting how much
the interest rate or mortgage
payments may increase or decrease.
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- CLOSING:
- The conclusion
or consummation of a transaction. In real estate,
closing includes the delivery of a deed, financial
adjustments, the signing of notes, and the disbursement
of funds necessary to the sale or loan transaction.
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- CLOSING
COSTS:
- Money paid
by any party to the transaction to effect the
closing of a mortgage
loan. Does not include prepaid
expenses, apportionments, and the like, but
does normally include an origination fee, title
insurance, survey, attorney's fees, etc.
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- COLLATERAL:
- Property
pledged as security for a debt, such as the real
estate securing a mortgage.
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- CONTRACT:
- An agreement
between one or more parties to do a particular
lawful thing.
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- CONVENTIONAL
LOAN:
- A mortgage
loan neither insured by FHA
nor guaranteed by VA.
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- CONVERSION:
- Option given
on certain Adjustable Rate Mortgages
(ARMs), which allow the borrower to convert
to a fixed rate. Option is typically offered during
a predetermined and limited period of time and
is converted at a predetermined rate.
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- CO-SIGNER:
- One who
agrees to assume the debt obligation if the principal
borrower should default on mortgage payments.
A co-signer assumes only personal liability and
has no ownership interest in the property. His
or her income and obligations are used in the
underwriting process
to reinforce the credit of the principal borrower,
but they are not given equal weight with those
of the principal borrower. They serve as compensating
factors only.
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- CREDIT
REPORT:
- A report
to a prospective lender on the credit standing
of a prospective borrower, used to help determine
creditworthiness.
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- DISCOUNT
POINT:
- An amount
equal to 1 percent of the principal amount of
an investment or note. Loan discount points are
a one-time charge assessed at closing
by the lender to increase the yield on the mortgage
loan to a competitive position with other types
of investments.
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- ECOA
(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 program.
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- ESCROW
PAYMENT:
- That portion
of a mortgagor's monthly payment held by the lender
to pay for taxes, hazard
insurance, mortgage
insurance, lease payments, and other items
as they become due. Known as impounds or reserves
in some states.
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- FAIR
MARKET VALUE:
- The
price at which property is transferred between
a willing buyer and a willing seller, each of
whom has a reasonable knowledge of all pertinent
facts and neither being under any compulsion to
buy or sell.
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- FEDERAL
HOME LOAN MORTGAGE CORPORATION (FHLMC):
- "Freddie
Mac" - Private corporation authorized
by Congress. It sells participation sales certificates
secured by pools of conventional mortgage loans,
their principal and interest
guaranteed by the Federal Government through the
FHLMC. It also sells Government
National Mortgage Association bonds to raise
funds to finance the purchase of mortgages.
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- 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. It sets
standards for construction and underwriting.
FHA does not lend money, nor plan, nor construct
housing.
-
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- FEDERAL
NATIONAL MORTGAGE ASSOCIATION (FNMA):
- "Fannie
Mae" - A tax paying corporation
created by Congress to support the secondary mortgage
market. It purchases and sells residential mortgages
insured by FHA
or guaranteed by VA, as well
as conventional
home mortgages.
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- FLOOD
INSURANCE:
- Insurance
indemnify against loss by flood damage. Required
by lenders in areas designated (federally) as
potential flood areas. The insurance is private
but federally subsidized.
-
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- GOOD
FAITH ESTIMATE:
- An itemized
estimate of the costs to settle (or close) the
loan.
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- GOVERNMENT
NATIONAL MORTGAGE ASSOCIATION (GNMA):
- "Ginnie
Mae" - On September 1, 1968. Congress
enacted legislation to portion FNMA into two continuing
corporate entities. GNMA has assumed responsibility
for the special assistance loan program and the
management and liquidation function in the older
FNMA. Also, GNMA administers the mortgage
backed securities program which channels new sources
of funds into residential financing though the
sales of privately issued securities carrying
a GNMA guaranty.
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- HAZARD
INSURANCE:
- A contract
whereby an insurer, for a premium, undertakes
to compensate the insured for loss on a specific
property due to certain hazards.
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- HOMEOWNER'S
ASSOCIATION:
- An organization
of homeowners residing within a particular development
whose major purpose is to maintain community facilities
and services for the common enjoyment of the residents.
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- HOMEOWNER'S
INSURANCE:
- See Hazard
Insurance.
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- HOMESTEAD
(EXEMPTION):
- The dwelling
of the head of a family. Some states grant statutory
exemptions, protecting homestead property against
the rights of creditors. Property tax exemptions
are also available in some states. Statutory requirements
to establish a homestead may include a formal
declaration to be recorded.
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- HUD-1:
- See Settlement
Statement.
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- INTEREST:
- Consideration
in the form of money paid for the use of money,
usually expressed as an annual percentage. Also,
a right, share, or title
in the property.
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- JOINT
TENANCY:
- An equal
undivided ownership of property by two or more
persons, the survivors to take the interest upon
the death of any one of them.
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- LIEN:
- A legal
hold or claim of one person on the property of
another as security for a debt or charge. The
right given by law to satisfy debt.
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- LIFE
OF LOAN:
- Contract
term in years of a mortgage.
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- LOAN
ANALYST (LOAN PROCESSOR):
- The person
who coordinates and communicates the process of
the loan which leads to the loan closing.
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- LOAN-TO-VALUE:
- Also known
as LTV. The amount of the mortgage
divided by the lesser of the sales price or the
appraised value of the property.
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- LOAN
TYPES:
- FHA:
Government loan provided to low to moderate
income borrowers.
- VA:
Government loan provided to Veterans of the Armed
Services.
- Conventional
Conforming: Non-Government loan provided
to all borrowers.
- Conventional
Non-Conforming: Non-Government loan provided
to all borrowers.
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- LOCK-IN:
- Lender's
guarantee of rate, discount and program for a
specified term. Lock-in period typically runs
45 to 60 days from the date of borrower's application.
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- MARGIN:
- The set
percentage the lender adds to the index value
to determine the interest rate of an ARM.
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- MORTGAGE:
- A conveyance
of an interest in real property given as security
for the payment of a debt. In its simplest form,
a mortgage permits foreclosure if the debt is
not paid but the foreclosure is usually a judicial
proceeding, in court. After foreclosure, the property
is then sold, usually by an officer of the court,
to satisfy the debt.
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- MORTGAGE
BANKER:
- A firm or
individual active in the field of mortgage banking.
Mortgage bankers, as local representatives of
regional or national institutional leaders, act
as correspondents between lenders and borrowers.
More and more frequently, though, mortgage bankers
are, themselves, becoming institutional lenders,
holding mortgages in their
own portfolios as the basis for mortgage-backed
securities that they issue.
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- MORTGAGE
BROKER:
- An individual
or company that for a fee acts as intermediary
between borrowers and lenders.
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- MORTGAGE
INSURANCE:
- Insurance
for which the lender pays a premium, that protects
the lender against loss if the borrower should
default on the mortgage payments and foreclosure
of the mortgage should become necessary. Mortgage
Insurance issued by Private
Mortgage Insurance (PMI) companies typically
covers a specific dollar amount or percentage
of the debt adequate to protect the lender even
though the value of the property may not be enough
to make the lender whole. The lender generally,
but not always, retains title
to the property after the mortgage insurance claim
is paid. Mortgage insurance issued by HUD-FHA
provides coverage of the entire unpaid principal
or debt, plus certain costs of foreclosure, and
requires that the marketable title
to the property be conveyed to HUD-FHA.
- MIP
(Mortgage Insurance Premium): Insurance
fee charged by FHA to insure
the loan against default to the lender. Current
charge is 2.25% of the loan amount up-front, with
an annual premium equal to .5% of the loan amount.
The up-front portion may be financed into the
loan amount. First time home buyers receive a
discount of 1.75% on the up front MIP.
- PMI
(Private Mortgage Insurance): Insurance
fee charged to protect conventional
lenders against default on the mortgage. Typically
required on loans with a Loan-To-Value
greater than 80% and is paid on a monthly basis.
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- MORTGAGE
NOTE:
- A written
promise to pay a sum of money at a stated interest
rate during a specified term. It is secured
by a mortgage.
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- PITI
(PRINCIPAL, INTEREST, TAXES AND INSURANCE):
- The principal
and interest payment on
most loans is fixed for the term of the loan;
the tax and insurance portions may be adjusted
to reflect changes in taxes or insurance costs.
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- PRELIMINARY
TITLE REPORT:
- A title
search by a title company before issuance of a
title binder or commitment to insure.
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- PREPAID
ITEMS:
- Charges
on a mortgage loan that must be paid at closing
by the purchaser.
- Per diem
interest is interest from
the date of closing to the end of the month.
- Homeowner's
Insurance must be prepaid for 14
months. (Escrowed)
- Property
Taxes pre-payment varies from 2 months
to 12 months, depending on when the property is
purchased and when the taxes are collected in
the specific county. (Escrowed)
- Mortgage
Insurance must be pre-paid for 2
months. (Escrowed)
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- PROCESSING:
- The preparation
of a mortgage loan application and supporting
documents for consideration by a lender or insurer.
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- QUALIFYING
RATE:
- An interest
rate used to calculate the borrower's ability
to qualify, which may be greater than the actual
interest rate charged to the borrower.
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- RESPA
(REAL ESTATE SETTLEMENT PROCEDURES ACT):
- RESPA is
a federal law that requires lenders to provide
home mortgage borrowers with information of known
or estimated settlement costs. RESPA also limits
the amount lenders may require to be held in an
escrow account
for real estate taxes and the insurance, requires
the disclosure of known settlement costs to both
buyers and sellers by the person conducting the
settlement, and outlaws certain referral fees.
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- SALES
CONTRACT:
- A deliberate
written agreement between competent parties stating
terms and conditions of a sale.
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- SERVICING:
- The duties
of the mortgage banker
as a loan correspondent as specified in the servicing
agreement for which a fee is received. The collection
for an investor of payments, interest,
principal, and trust items such as hazard
insurance and taxes, on a note by the borrower
in accordance with the terms of the note. Servicing
also consists of operational procedures, covering
accounting, bookkeeping, insurance, tax records,
loan payment follow-up, delinquency loan follow
up, and loan analysis.
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- SETTLEMENT
STATEMENT (HUD-1):
- A statement
showing the full details of the loan closing,
including costs paid by both the buyer and the
seller and detailed breakdown of the manner in
which the loan proceeds were distributed. The
Real Estate Settlement Procedures
Act (RESPA) requires that this standardized
form be used in all loan closings involving purchase
money first mortgages in which the Federal Government
is involved in any way, even though the loan itself
may be insured or guaranteed by a government agency.
For practical purposes, the form must be used
with all purchase money first mortgage loan closings
and may be used in other transactions, such a
second mortgages, refinancing transactions, etc.
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- TENANCY:
- A holding
of real estate under any kind of right of title.
Used alone, tenancy implies a holding under a
lease.
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- TENANCY
BY ENTIRETY:
- The joint
ownership of property by a husband and wife where
both are viewed as one person under common law
that provides for the right of survivorship.
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- TENANCY
IN COMMON:
- In law,
the type of tenancy or
estate created when real or personal property
is granted, devised or bequeathed to two or more
persons, in the absence of express words creating
a joint tenancy.
There is no right of survivorship. (See Joint
Tenancy.)
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- TITLE:
- The evidence
of the right to or ownership in property. In the
case of real estate, the documentary evidence
of ownership is the title deed that specifies
in whom the legal estate is vested and the history
of ownership and transfers. Title may be acquired
through purchase, inheritance, devise, or through
foreclosure of a mortgage.
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- TITLE
INSURANCE:
- A contract
by which the insurer, usually a title insurance
company, agrees to pay the insured a specific
amount for any loss caused by defects of title
to real estate, wherein the insured has an interest
as purchaser, mortgagee, or otherwise.
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- TITLE
SEARCH:
- An examination
of public records, laws, and court decisions to
disclose the past and current facts regarding
ownership of real estate.
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- TRUTH-IN-LENDING:
- A federal
law that requires lenders to fully disclose, in
writing, the terms and conditions of a mortgage,
including the APR and other
charges.
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- UNDERWRITING:
- The analysis
of risk and the matching of it to an appropriate
rate and term. Underwriting involves an analysis
of the property, as revealed in the appraisal
report, as acceptable and adequate security
for the loan and of the loan. Risk may also be
affected by other factors, such as loan-to-value
ratios, the presence or absence of mortgage
insurance, etc.
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