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Abstract (of Title)
|
- A
historical summary of all the recorded
transactions that affect the title to the
property. An attorney or a title company
will review an abstract of title to
determine if there are any problems
affecting the title to the property. All
such problems must be cleared before the
buyer can be issued a clear and insurable
title.
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|
Acceleration Clause
|
- A loan provision giving the lender the
power to declare all sums owing lender
immediately due and payable upon the
violation of a specific loan provision, such
as the sale of the property, or the failure
to make loan payments on time. Example :
John sells his property to Mary who takes
over John's mortgage payments. They do not
notify the lender of this transaction. The
lender finds out that the title to the
property has transferred and calls the loan,
since the loan documents state that the loan
is due on the sale of the property. John is
now liable to pay his lender in full.
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|
Agreement of Sale |
- A
written signed agreement between the seller
and the purchaser in which the purchaser
agrees to buy certain real estate and the
seller agrees to sell upon terms of the
agreement. Also known as contract of
purchase, purchase agreement, offer and
acceptance, earnest money contract or sales
agreement.
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|
Acknowledgment
|
-
Formal declaration before a public official
(typically a Notary Public) that one has
signed a document. Required before recording
real estate legal documents, such as a deeds
of trust.
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|
Adjustable Rate Mortgage (ARM) |
-
Also known as a variable rate mortgage. The
interest rate on these mortgages changes
periodically.
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|
Adjustment Period
|
-
This is the length of time for which the
interest rate is fixed on an adjustable.
Therefore if the adjustment period is six
months, then the interest rate will remain
fixed for six months, after which time it
will adjust.
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|
Amortization
|
- A
gradual paying off of a debt by periodic
installments which pay principal and
interest.
|
|
Annual Percentage Rate - APR
|
-
The effective rate of interest for a loan
per year. This rate is typically higher than
the note rate because it takes into account
closing costs. This is one way to compare
loan programs offered by different lenders.
Caution : the APR is sometimes computed
differently by different lenders and can be
misleading.
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|
Appraisal
|
- An
opinion or estimate of the value of a
property at a given date.
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|
Arm's length transaction
|
- A
transaction among parties each of who acts
in his or her own best interest. Example : A
transaction between a father and his son
would NOT be an an Arm's length transaction
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|
Assessment
|
- A
local tax levied against a property for a
specific purpose such as street lights.
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|
Assumable Mortgage
|
- A mortgage loan which allows a new home
buyer to take over the obligation of making
loan payments with no change in the terms of
the loan. Assumable loans do not have a
due-on-sale clause. The lender has to be
notified and agree to the assumption. The
lender may require the buyer to qualify for
the loan and may charge an assumption fee.
The seller should obtain a written release
from the lender stating clearly that he/she
is no longer liable to make mortgage
payments.
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|
- B -
Balloon (payment) Mortgage |
-
Usually a short-term fixed-rate loan which
involves small payments for a certain period
of time and one large payment for the
remaining amount of the principal at a time
specified in the contract. Example : A
balloon mortgage for $25,000 has interest
only payments for 5 years at 12% ($250 per
month), with the full principal of $25,000
due and payable after 5 years.
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|
Bankruptcy
|
-
The financial inability to pay one's debts
when due. The debtor surrenders his assets
to the bankruptcy court. An individual
typically files for Chapter 7 (all debts
wiped out) or Chapter 13 (establishes a
payment plan to pay off debts). A bankruptcy
stays on an individual's credit report for 7
years.
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Binder
|
-
Definition #1: A title insurance binder is
the written commitment of a title insurance
company to insure title to the property
subject to the conditions and exclusions
shown on the binder. Definition #2:
Preliminary agreement, normally secured with
earnest money, between a buyer and a seller
as an offer to purchase real estate.
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|
Bi-weekly Mortgage
|
- A
mortgage which requires 1/2 the normal
monthly payment every two weeks. Over the
course of the year, 26 half payments are
made which is equivalent to 13 full mortgage
payments. As a result of this extra payment
the loan amortizes much faster than a loan
with normal monthly payments.
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|
Blanket Mortgage
|
- A
mortgage covering more than one piece of
property. Example : A developer subdivides a
tract of land into lots and obtains a
blanket mortgage on the whole tract.
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Bond
|
- 1.
A debt instrument in the capital markets.
The U.S. government, corporations and
municipalities use bonds to raise money.
Bonds can also be backed by mortgages. The
best known bond is the 30 yr. treasury bond
issued by the U.S. government. 2. A sum of
money given to a court to guarantee against
a loss. For example if there is a lien on a
property, the owner may remove the lien by
posting a bond.
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|
Borrower (Mortgagor)
|
-
One who applies for a loan secured by real
estate and is responsible for repaying the
loan (mortgage).
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|
Bridge Loan
|
- An
interim loan typically used when the buyer
is unable to sell his/her house but needs
money to close the transaction on the house
he/she is buying. The bridge loan is made on
the buyers current residence to finance the
buyers new residence. The loan is paid off
when the buyers current residence is sold.
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| Buy
Down
|
- Obtaining a lower interest rate (buying
down the rate) by paying additional points
to the lender. The lower rate may apply for
the full duration of the loan or for just
the first few years. A buydown may be used
to qualify a borrower who would otherwise
not qualify . This is because a buydown
results in lower payments which are easier
to qualify for. Example : A very popular
buydown is the 2-1 buydown. If the interest
rate on the note is 9%, the buydown results
in the rate being 7% (9%-2%) for the first
year, 8% (9%-1%) for the second year, and 9%
thereafter.
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- C -
Capital
Gains |
-
Profit earned from the sale of real estate.
A seller may defer taxes on the capital gain
of his/her primary residence by buying a
higher priced residence within 2 years.
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Caps (Interest)
|
-
Consumer safeguards which limit the amount
the interest rate on an adjustable rate
mortgage may change per year and/or the life
of the loan.
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|
Caps (Payment)
|
-
Consumer safeguards which limit the amount
monthly payments on an adjustable rate
mortgage may change.
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|
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.).
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Certificate of Eligibility
|
-
The document issued by the Veterans
Administration to those that qualify for a
VA loan which may be used to buy a house
with 0 down. Certificates of eligibility may
be obtained by sending the form DD-214 to
the local VA office along with VA form 1880.
Certificate of Reasonable Value (CRV) An
appraisal performed by an VA approved
appraiser which establishes the property's
current market value. This value establishes
the ceiling on the maximum VA mortgage loan
principal.
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|
Certificate of Occupancy
|
-
Document issued by a local governmental
agency that states a property meets the
local building standards for occupancy and
is in compliance with public health and
building codes. This document is normally
required by a lender prior to closing the
loan.
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|
Certificate of Title
|
- An
opinion rendered by an attorney as to the
status of title to a property, according to
the public records. This certificate does
not the same level of protection as title
insurance.
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|
Chain of Title
|
-
The chronological order of conveyance of a
parcel of land from the original owner to
the present owner. Example: An abstractor
can research title to property going back to
the date that the property was granted to
the United States.
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|
Clear Title
|
- A
marketable title, free of clouds and
disputed interests. Most lenders require a
clear title prior to closing.
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|
Closing
|
- 1.
The act of transferring ownership of a
property from seller to buyer in accordance
with a sales contract.
2. The time when a closing takes place.
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|
Closing Costs
|
-
Expenses incurred by the buyer and seller in
a real estate or mortgage transaction. There
are two types of costs: recurring and non
recurring. Non-recurring costs are one time
transactional costs which include Discount
and origination points, Lender fees -
underwriting, processing, document
preparations, flood certificate, tax
service, wire transfer, courier, etc ; Title
insurance fees Escrow, attorney or closing
agent fees, Recording fees, Inspection and
appraisal fees ; Real estate brokerage
commissions; Recurring fees are costs
associated with owning the property and they
recur month after month. These costs may
include hazard insurance, interest, property
taxes, mortgage insurance (PMI), and
association fees. A pro-rated amount of
these fees may have to be paid at closing
including Pre-paid interest - interest
charges from the date of closing to the end
of the month Property taxes if due Hazard
insurance, fire insurance or homeowners
insurance has to be paid for one year
Mortgage insurance (PMI) - may be required
if the loan amount is more than 80% of the
value of the property. In the past a whole
year of PMI had to be paid up front, however
in recent years many PMI companies only
require 1-2 months up front. Mortgage
insurance premiums are normally paid every
month with the loan payment Impound account
may need money to be set up for future
payments.
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|
Cloud on Title
|
- An
outstanding claim or encumbrance that, if
valid, would affect or impair the owner's
title.
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|
Commitment
|
- A
written document provided by a lender to
agreeing to make a loan on specific terms to
a borrower or builder.
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|
Construction loan
|
- A
short term loan to pay for the construction
of buildings or homes. These loans typically
provide periodic disbursements to the
builder as each stage of the building is
completed. When construction is completed a
take-out or permanent loan is used to pay
off the construction loan.
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|
Consideration
|
-
Anything of value given to induce another to
enter into a contract. Earnest money deposit
on a sales contract is consideration.
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|
Contingency
|
-
Conditions which must be satisfied before
the buyer can close the purchase of a
property. Contingencies are generally
outlined in the purchase contract between
the buyer and seller. Example: The buyer has
14 days to remove the property contingency
under the sales contract. In this case the
buyer has 14 days to inspect the property
and request the seller to perform repairs.
If the buyer is not satisfied with the
condition of the property or if the buyer
and the seller cannot agree on repairs, the
buyer may back out of the contract with no
penalty. After 14 days the buyer no longer
has the right to back out with no penalty as
a result of a problem with the condition of
the property.
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|
Contract
|
- An
agreement between competent parties to do or
not do certain things for consideration.
Example: To have a valid contract for the
sale of real estate there must be : 1.an
offer 2.an acceptance 3.competent parties
4.consideration 5.legal purpose 6.written
documentation 7.description of the property
8.signatures by principals or their
attorney-in-fact Contract of Sale Same as
the Agreement of Sale Contract sale or deed
A real estate installment selling
arrangement where the buyer may occupy the
property but the seller retains the title
until the agreed upon sales price has been
paid. Also known as an installment land
contract. Example : John sells Mary a house.
Mary has to put $10,000 and pay $1,000 per
month for 24 months, after which time she
will receive title to the property.
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|
Conventional Loan
|
-
Any mortgage loan other than a VA or an FHA
loan. A convention loan may be conforming or
non-conforming.
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|
Conveyance
|
-
The transfer of title of real from one party
to another.
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|
Convertible ARMs
|
-
Some variable loans come with options to
convert them to a fixed loan based on a
pre-determined formula, during a given time
period. For example the 1 yr. T-bill
adjustable may be converted to a fixed
during the first five years on the
adjustment date. The means that you could
convert during the 13th, 25th, 37th, 49th
and 61th months of the loan.
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|
Credit Report
|
- A report detailing a borrowers credit
history including payment history on
revolving accounts (e.g. credit cards) and
installment accounts (e.g.. car loan). A
credit report also includes information
found from public records including tax
liens and judgments.
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- D -
Deed
|
- A
written document by which title to real
property is transferred from one owner to
another. The deed should contain an accurate
description of the property being conveyed,
should be signed and witnessed according to
the laws of the State where the property is
located, and should be delivered to the
buyer at closing.
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|
Deed of Trust
|
-
Used in many states in lieu of a mortgage to
secure the payment of a note. In a deed of
trust there are three parties - 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/she defaults in the payment
of the debt, the trustee may sell the
property without a court proceeding.
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|
Default
|
-
Failure to meet legal obligations in a
contract - such as the failure to make the
monthly mortgage payment.
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|
Defective Title
|
-
Any recorded instrument that would prevent a
grantor/seller from giving a clear title.
Example: The seller has a contractor lien on
the property that was filed when he/she
failed to pay the contractor for the kitchen
remodel. The seller may obtain clear title
by paying the contractor and removing the
lien.
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|
Depreciation
|
-
Decline in the value of a house due to wear
and tear, obsolescence, adverse changes in
the neighborhood, or any other reason.
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|
Discount Points
|
-
Fees paid to a lender to reduce the interest
rate.
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|
Documentary Tax Stamps
|
-
Stamps affixed to a deed showing the amount
of transfer tax.
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|
Down payment
|
-
The amount paid for the purchase of a
property in addition to the mortgage, but
not including any closing costs. Example :
John buys a house for $100,000 and obtains a
loan for $80,000. His down payment is
$20,000. Due on Sale Clause; A clause in the
Deed of Trust or Mortgage that states that
the entire loan is due upon the sale of the
property.
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|
Dragnet Clause
|
- A provision in a mortgage that pledges
several properties as collateral. A default
in the mortgage could lead to foreclosure
proceedings on any of the properties in the
dragnet.
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- E -
Earnest
Money |
- A
deposit made by a buyer of real estate
towards the down payment to evidence good
faith. This money is typically held by the
real estate brokers or the escrow company.
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|
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
convenants. 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.
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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.
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|
Equity
|
-
Equity = Property Value - Loans/Liens
Against the property. Equity is typically
expressed as a percentage of the property
value.
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|
Equity Sharing
|
-
Joint ownership of a property between the
owner/occupant and the owner/investor, that
results in tax advantages for both parties.
Upon sale of the property the joint owners
split profits based on the percentage they
own.
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|
Escrow
|
- 1. Neutral third party that handles all
funds in a real estate transaction. The
buyer puts his deposit into escrow, the
lender funds the loan into escrow. Escrow
pays the real estate brokers commission,
pays off any loans/liens against the
property, pays real estate taxes and any
other fees associated with the transaction
and sends the balance of the money to the
seller.
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- F -
Federal
National Mortgage Association (FNMA, Fannie Mae)
|
-
Purchases loans from lenders, securitizes
them and sells FNMA mortgage backed
securities on wall street.
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|
Federal Home Loan Mortgage Corporation (FHLMC,
Freddie Mac)
|
-
Purchase loans from members of the Federal
Reserve and the Federal Home Loan Bank
Systems, securitizes them and sells FHLMC
mortgage backed securities on wall street.
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|
Federal Housing Administration (FHA)
|
- An
agency within the U.S. Department of Housing
and Urban Development (HUD) that administers
loan programs, issues loan guarantees to
make more housing available.
|
| FHA
Mortgage Insurance
|
-
Requires a small fee (up to 3 percent of the
loan amount) paid at closing or a portion of
this fee added to each monthly payment of an
FHA loan to insure the loan with FHA. On a
9.5 percent $75,000 30-year fixed-rate FHA
loan, this fee would amount to either $2,250
at closing or an extra $31 a month for the
life of the loan. In addition, FHA mortgage
insurance requires an annual fee of 0.5
percent of the current loan amount, the more
years the fee must be paid.
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|
Fidelity Bond
|
- An
assurance, generally purchased by an
employer, to cover employees who are
entrusted with valuable property or funds.
Example : A landlord employs a clerk who
collects rents. To safeguard these funds
during the collection process, the landlord
purchases a fidelity bond the clerk.
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|
Fiduciary
|
- A
person in a position of trust or
responsibility with specific duties to act
in the best interest of a client. A real
estate broker is a fiduciary for his/her
clients.
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|
Finance Charge
|
-
Interest charged by a lender.
|
|
First Mortgage
|
- A
mortgage that has priority as a lien over
all other mortgages. In the case of a
foreclosure the first mortgage will be
satisfied before other mortgages.
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|
Fixture
|
-
Improvements or personal property attached
to the land so as to become a part of the
real estate. Fixtures are transferred to the
buyer upon sale of the property. To
determine whether an item is a fixture
include : Intent (was it intended to be part
of the property); How is it fixed ?; Is the
fixture essential to the property ?;
Relationship - was the fixture intended to
be a part of the tenant's business ?;
Example : John sells his house to Mary. John
wants to take the chandelier because he
states it is personal property. Mary wants
the chandelier to stay because she believes
it is a fixture.
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|
Flood Insurance
|
- An
insurance policy that covers property damage
due to natural flooding. Flood insurance may
be required on properties in a flood zone.
|
|
Foreclosure (Repossession)
|
- A
legal process by which the lender forces a
sale of a property because the borrower has
not met the terms of the mortgage.
|
|
Free and clear
|
- A
property that has no liens.
|
|
Fully indexed rate
|
- The fully indexed rate = value of the
index + margin. See adjustable loans.
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|
- G -
General
Warranty Deed |
- A
deed in which the grantor (seller) agrees to
the protect the grantee (buyer) against any
other claim to title of the property.
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|
Government National Mortgage Association (GNMA,
Ginnie Mae)
|
- A
government agency part of HUD that buys VA
and FHA loans from lenders, securitizes them
and sells Ginnie Mae securities to
investors.
|
|
Grantee
|
-
That party in the deed who is the buyer or
recipient.
|
|
Grantor
|
-
That party who is the seller or the giver.
|
|
Graduated Payment Mortgage (GPM)
|
- A
mortgage that has lower payments initially
(with potential negative amortization) which
increase each year until the loan is fully
amortized.
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|
Grandfather Clause
|
-
The clause in a law permitting the
continuation of a use, business, etc., which
was permissible but because of a change in
the law is now no longer permissible.
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|
Gross Monthly Income
|
- The total amount the borrower earns per
month, before any expenses are deducted.
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- H -
Hazard
Insurance (Fire Insurance, Homeowners insurance)
|
-
Insurance on a property against fire and
other risks. A homeowners policy may have
additional coverage for theft, liability,
etc that a fire insurance policy may not
cover.
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|
Homeowners Association
|
- An
association of homeowners in a particular
subdivision, planned unit development (PUD),
or condominium organized to manage the
common area of the development and to
enforce the association rules and
regulations.
|
|
Home Warranty Plan
|
-
Insurance that covers appliances, heating
systems, etc. Typically purchased at the
time of closing.
|
|
Housing and Urban Development
|
- A
U.S. government agency established to
implement certain federal housing and
community development programs.
|
|
Housing Code
|
- A
local government ordinance that sets minimum
standards of safety and sanitation for
existing residential buildings.
|
|
Housing Expenses-to-Income Ratio
|
-
The ratio, expressed as a percentage, which
results when a borrower's housing expenses
are divided by his/her effective income
(FHA/VA loans) or gross monthly income
(Conventional loans).
|
| HUD
1
|
- A closing document required by HUD that
outlines the settlement cost of a loan. The
closing agent prepares this document and
sends it to the buyer upon closing.
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|
- I -
Impound
Account |
-
That portion of a borrower's monthly
payments held by the lender or servicer to
pay for taxes, hazard insurance, mortgage
insurance, lease payments, and other items
as they become due. Also known as reserves.
|
|
Income Approach
|
- A
method used by an appraiser to estimate the
value of a property based on the income it
generates.
|
|
Income Property
|
-
Real estate that generates rental income.
Examples : apartment buildings, office
buildings and shopping centers.
|
|
Index
|
- A statistic that indicates some current
economic of financial condition. Indexes are
used to make adjustments in variable rate
loans.
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|
- J -
Joint
and Several Liability |
- A
creditor can demand full repayment from any
and all of those who have borrowed. Each
borrower is liable for the full debt, not
just the prorated share.
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|
Joint Tenancy
|
-
Ownership of a property by 2 or more people,
each of whom has an undivided interest with
the right of survivorship. Example : John
and Mary own a house in joint tenancy. Each
owns half of the entire (undivided)
property. If John dies, Mary will own the
entire property and vice versa.
|
|
Judgement
|
-
The decision of a court of law stating that
one individual is indebted to another and
fixing the amount of indebtedness.
Judgements, when recorded, become a lien on
real property owned by the defendant.
|
|
Judgement Lien
|
-
The claim on the property of a debtor
resulting from a judgement.
|
|
Jumbo Loan
|
-
Loan size that is larger than the limit
established by Fannie Mae or Freddie Mac.
|
|
Junior Mortgage
|
- A mortgage subordinate to another
mortgage. In the case of a foreclosure a
senior mortgage will be paid prior to a
junior mortgage.
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|
- K -
Kicker
|
- A payment required by a mortgage in
addition to normal principal and interest.
Sometimes known as a participation loan.
Back to Top
|
- L -
Lessee
|
- A
person to whom property is rented under a
lease. (Tenant)
|
|
Lessor
|
- A
person who rents property to another under a
lease. (Landlord)
|
|
Lien
|
- A
claim against the property for the payment
of a debt, judgement, mortgage or taxes.
Example: Unpaid contractors may file a
mechanic's lien.
|
|
Life Estate
|
- An
estate in real property for the life of a
living person. The estate then reverts back
to the grantor or to a third party.
|
|
Lifetime cap
|
- A
limit on how much the interest rate can
fluctuate during the life of the loan. An
ARM that starts at 6 percent with a lifetime
cap of 6 percent cannot rise above 12
percent.
|
| Lis
Pendens
|
-
Latin for "lawsuit pending." Recorded notice
that litigation is pending on a property.
Most lenders will require the clearance of
the Lis Pendens prior to closing.
|
|
Loan Application
|
- A
document required by a lender prior to loan
approval. The application includes detailed
information about the borrower and the
property.
|
|
Loan origination fee or points
|
-
Charge by a lender or broker connected with
originating a loan. This is different from
discount points which are used to buy down
the rate of interest.
|
|
Loan to Value Ratio (LTV)
|
-
The loan amount divided by the value of the
property.
|
|
Loan Servicing
|
- The act of collecting loan payments,
handling property tax and insurance escrows,
foreclosing on defaulted loans and remitting
payments to the investors.
Back to Top
|
- M -
Margin
|
-
The amount a lender adds to the index to
determine the total interest rate that
borrowers pay.
|
|
Marketable Title
|
-
Title that is free of liens, clouds and
other legal defects and hence is readily
acceptable by a buyer.
|
|
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.
|
|
Mortgage
|
- A
written instrument that creates a lien upon
real estate as security for the payment of a
specified debt.
|
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Mortgage Backed Security (MBS)
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- A
bond or other financial obligation secured
by a pool of mortgage loans.
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Mortgage Banker
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-
Specializes in originating and servicing
loans. They generally sell their loans to
investors, but may continue to service them.
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Mortgage Broker
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-
Arranges financing for a borrower by placing
loans with lenders. Mortgage brokers are
paid a fee by the borrower or the lender
when a loan closes.
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Mortgagee
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Mortgagor
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Mortgage Insurance
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-
See Private Mortgage Insurance (PMI).
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Mortgage Note
|
- A written agreement to repay a loan. The
agreement is secured by a mortgage, serves
as proof of an 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.
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- N -
Negative Amortization |
- An
increase in principal balance which occurs
when the monthly payments do not cover all
of the interest cost. The interest cost
which is not covered by the payment is added
to the unpaid principal balance.
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| Net
Effective Income
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-
The borrowers gross income minus federal
income tax.
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Non-conforming loan
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-
Loans that do not comply with Fannie Mae or
Freddie Mac guidelines.
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Non-Assumption Clause
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- A
statement in a mortgage contract forbidding
the assumption of the mortgage without the
prior approval of the lender.
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Note
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- A
written instrument that acknowledges a debt
and promises to pay.
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Notary Public
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-
One authorized to take acknowledgments of
certain types of documents, such as deeds,
contracts, and mortgages.
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Notice of default
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- A letter sent to the defaulting party as
a reminder of the default.
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- O -
Offer
|
- An
expression of willingness to purchase a
property at a specified price.
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Offeree
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-
One who receives the offer. When the buyer
makes an offer to the seller the seller is
an offeree.
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Offeror
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-
One who makes the offer. When the buyer
makes an offer to the seller the buyer is an
offeror.
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Open House
|
- A
method of showing a home for sale to
prospective buyers where the home is left
open for inspection by those who may be
interested in making a purchase.
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Open End Mortgage
|
- A
mortgage permitting the mortgagor to borrow
additional money under the same mortgage,
with certain conditions.
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Origination Fee
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-
See "Loan origination fee or points".
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Optionee
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-
One who receives or purchases an option.
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Optionor
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-
One who gives or sells an option.
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Owner Occupant
|
- A tenant of a residence who also owns
the property.
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- P -
Package
Mortgage |
-
Mortgage covering both real and personal
property.
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Paper
|
- A
mortgage, deed of trust or land contract
provided in lieu of cash.
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Partial Release
|
- A
provision in a mortgage that allows some of
the property secured to be freed from
serving as collateral.
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Participation Mortgage
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- A
mortgage that allows the lender to share in
part of the income or resale proceeds.
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Pass Through Certificates
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-
Interests in a pool of mortgages sold by
mortgage bankers to investors. Money
collected as monthly mortgage payments is
distributed to those who own certificates.
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Payment cap
|
- A
limit on how much the monthly payment may
fluctuate from one adjustment period to
another.
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Periodic cap
|
- A
limit on how much the interest rate may
fluctuate from one adjustment period to
another, typically 1 percent for every six
months or 2 percent a year.
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Permanent Loan or Mortgage
|
- A
mortgage for a long period of time. Often
referred to as the mortgage that pays off a
construction loan on a completed property.
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PITI
|
-
Abbreviation for principal, interest, taxes
and insurance, which may be combined in a
single monthly mortgage payment.
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Planned Unit Development (PUD)
|
- A
zoning classification that allows
flexibility in the design of a subdivision.
PUD's include individually owned units as
well as some common space that is jointly
owned.
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Points
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-
Fees paid to lenders. 1 point = 1% of the
loan amount. On a $100,000 loan 1 point is
$1000. Points may be further classified into
origination points or discount points.
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Portfolio Loan
|
- A
loan that is held as an investment by a bank
or savings and loan, and NOT sold on the
secondary market to investors.
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Prepaid Interest
|
-
Prepaid interest is the interest charged to
borrowers at closing to pay for the cost of
borrowing for a balance of the month. For
example, if a loan closes on the 19th of the
month and the first payment is due on the
1st of the following month, the lender will
charge 12 days of prepaid interest.
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Prepayment
|
-
Full or partial payment of the principal
before the due date. This might occur if the
borrower makes extra payments, sells the
property, or refinances the existing loan.
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Prepayment Penalty
|
-
Fees paid by the borrower if they pay the
loan before its due date.
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Prime Rate
|
-
The lowest commercial interest rate charge
by a bank on short term loans to their most
credit worthy customers. View current prime
rate.
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Principal
|
-
The outstanding balance on a loan.
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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 2 percent in some
cases. With the smaller down payment loans,
however, borrowers are usually required to
carry private mortgage insurance. Private
mortgage insurance payments are normally
made annual or monthly. An impound account
may be required.
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Purchase Money Mortgage
|
- A
mortgage used to finance the purchase of a
property.
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Property Tax
|
- A government levy based on the market
value (as assessed by the county assessor's
office) of the property.
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- Q -
Quit
Claim Deed |
- A deed which transfers whatever interest
the maker of the deed may have in the
particular parcel of land. A quitclaim deed
is often given to clear the title when the
grantor's interest in a property is
questionable. By accepting such a deed the
buyer assumes all the risks. Such a deed
makes no warranties as to the title, but
simply transfers to the buyer whatever
interest the grantor has.
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- R -
Real
Estate Settlement Procedure Act (RESPA)
|
- A
law that states how mortgage lenders must
treat those who apply for real estate loans
on property with 1-4 units. Example : A
lender is required to provide a good faith
estimate of closing costs within 3 days of
an application being filed.
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Refinancing
|
-
Repaying an existing loan from the proceeds
of a new loan on the same property.
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Reconveyance
|
-
When a mortgage is paid off in full, the
lender conveys the property back to the
owner.
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Recision
|
-
The cancellation of a contract. When
refinancing a mortgage on a principal
residence the law gives the homeowner three
days to cancel the contract.
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Recourse
|
-
The right of the holder of a note secured by
a mortgage or deed of trust to claim money
from the borrower in default in addition to
the property pledged as a collateral.
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Regulation Z (Reg Z)
|
- A
federal regulation requiring creditors to
provide full disclosure of the terms of a
loan including the terms of the loan and the
annual percentage rate (APR).
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Reverse Annuity Mortgage (RAM)
|
- A
form of mortgage in which the lender makes
periodic payments to the borrower using the
borrower's equity in the home as security.
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Reverse Mortgage
|
- A
mortgage used by the elderly that provides
income as long as they live in exchange.
Payments made cause the loan principal to
increase.
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Rollover Loan
|
- A loan that is amortized over a long
period of time (e.g. 30 yrs) but the
interest rate is fixed for a short period
(e.g. 5 yrs). The loan may be extended or
rolled over, at the end of the shorter term,
based on the terms of the loan.
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- S -
Savings
& Loan |
-
Depository institutions that specialize in
originating, servicing and holding mortgage
loans primarily on owner occupied
residential property.
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Secondary Mortgage Market
|
-
The market where banks, savings & loans and
mortgage bankers can sell mortgages to
investors like Fannie Mae or Freddie Mac.
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Second Mortgage
|
- A
subordinated lien, created by a mortgage
loan, over the amount of a first mortgage.
Second mortgages generally carry a higher
rate than a first mortgage since they
represent a higher risk for an investor.
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Section 1031
|
-
The section of the IRS that deals with tax
free exchanges of certain property.
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Security
|
-
Property that serves as collateral for a
debt.
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Servicing
|
-
The act of billing, collecting payment,
filing reports, managing impound accounts
and handling defaults on a mortgage.
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Settlement Cost (HUD guide)
|
- A
booklet that provides an overview of the
lending process and is required to be given
to consumers after the loan application is
completed.
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Shared Appreciation Mortgage (SAM)
|
- A
mortgage in which a borrower receives a
below-market interest rate in return for
which a lender (or another investor such as
a family member or other partner) receives a
portion of the future appreciation in the
value of the property. May also apply to
mortgages where the borrower shares the
monthly principal and interest payments with
another party in exchange for a part of the
appreciation.
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Special Assessment
|
- A
special tax imposed on property, individual
lots or all property in the neighborhood to
pay for improvements - street lights,
sidewalks, etc.
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Special Warranty Deed
|
-
The grantor does not warrant against title
defects arising from conditions that existed
before he/she owned the property. The seller
warrants that he/she has done nothing to
impair title.
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Shared Appreciation Mortgage
|
- A
residential loan with a fixed interest rate
that is below market, with the lender
entitled to a specified share of
appreciation of the property over an agreed
upon time interval.
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Single Family Housing (SFR)
|
- A
type of residential structure designed to
include one dwelling. Example : Town houses,
detached units.
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Spec House
|
- A
single family dwelling constructed by a
builder in anticipation of finding a buyer.
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|
Standard Uniform Loan Application (Form 1003)
|
- A
standard loan application widely used in the
mortgage industry. Also known as the Uniform
Residential Loan Application.
|
|
Starter Rate
|
- l
so discount rate or teaser rate. Most ARMs
offer a lower interest rate during the first
few months or year as an incentive. Caps may
not apply to a starter rate.
|
|
Subordination
|
- A
loan in a lower priority, for example a
second mortgage is subordinate to a first.
|
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Subject To (Purchasing subject to a mortgage)
|
- The buyer agrees to make payments on the
existing mortgage, without notifying the
lender. The seller remains liable for making
payments on the loan if the buyer does not
make the mortgage payment. The buyer is not
personally liable for mortgage payments, but
must make payments to keep the property. See
also Assumable Mortgage.
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|
- T -
Teaser
Rate |
- A
low initial interest rate on a mortgage.
|
|
Title
|
-
Evidence that the owner of the property is
in lawful possession. Evidence of ownership.
|
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Title Insurance
|
- An
insurance policy which protects the insured
against loss arising from defects in title.
Title insurance policies are typically
obtained for the buyer and the lender.
|
|
Title Report
|
- A
document indicating the current state of
title. The report includes information on
the current ownership, outstanding deeds of
trust or mortgages, liens, easements,
convenants., restrictions, and any defects.
|
|
Transfer Tax
|
-
Tax paid to the city, county, state or other
government entity upon sale of a property.
|
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Trust Account
|
- A
separate bank account maintained by a broker
or escrow company to handle all money
collected for clients. A broker may not
commingle these funds with his/her own
funds.
|
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Trustee
|
- A
party who is given legal responsibility to
hold property in the best interest of or
"for the benefit of" another. The trustee is
one placed in a position of responsibility
for another, a responsibility enforceable in
a court of law.
|
|
Two-Step Mortgage
|
- A mortgage in which the borrower
receives a fixed rate for a specified number
of years (most often 5 or 7), and then
receives a new interest rate based on the
terms in the note.
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|
- U -
Underwriting |
-
The decision whether to make a loan to a
potential home buyer based on credit,
income, employment history, assets, etc.
|
|
Undivided Interest
|
- An
ownership right to use and possess a
property that is shared among co-owners,
with no one co-owner having exclusive rights
to any portion of the property.
|
|
Unencumbered Property
|
-
Real estate with free and clear title.
|
|
Unrecorded Deed
|
- A
document that transfers title from the
grantor to the grantee without recording
(i.e. providing public notice).
|
|
Usury
|
- Charging a rate of interest greater than
that permitted by law.
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|
- V -
VA Loan
|
-
Home loan guaranteed by the U.S. Veterans
Administration, enabling a veteran to buy a
home with no money down.
|
| VA
Mortgage Funding Fee
|
- A
premium of up to 2 percent (depending on the
size of the down payment) paid on a
VA-backed loan. On a $75,000 30-year
fixed-rate mortgage with no down payment,
this would amount to $1,046 either paid at
closing or added to the amount financed.
|
|
Verification of Deposit (VOD)
|
- A
document signed by the borrower's bank or
other financial institution verifying the
account balance and history.
|
|
Verification of Employment
|
- A document signed by the borrower's
employer verifying his/her starting date,
job title, salary and probability of
continued employment.
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|
- W -
Waiver
|
-
The voluntary renunciation, abandonment, or
surrender of some claim, right, or
privilege.
|
|
Warehousing
|
-
Mortgage bankers and other financial
institutions make loans that are then
periodically sold on the secondary market.
After the loan is made but before it is sold
- the loan is said to be in the lenders
warehouse.
|
|
Warranty Deed
|
- A
deed conveying the title to a property with
a warranty of a clear marketable title.
|
|
Wraparound Mortgage
|
- A loan arrangement whereby the existing
loan is retained an a new loan is added to
the property. Example: The seller sells
his/her property for $200,000. The buyer
puts $80,000 down. The seller has an
existing loan balance of $100,000 for a
remaining period of 25 years at an interest
rate of 6%. The seller then makes a
wraparound mortgage to the buyer, (where the
seller acts as a lender) for $120,000 at 8%.
The seller has to continue making payments
on his old loan. They buyer has to pay the
seller on the new loan. The buyer may at a
later date refinance the property and close
both loans.
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|
- Z -
Zero
Lot Line |
- A
form of housing where individual units are
on separate lots, but are attached to one
another. Example: PUD, townhouse.
|
|
Zoning
|
- Areas may be zoned to specify use of a
property i.e. residential, commercial,
agricultural. These zoning ordinances are
normally enforced by the city or the county.
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