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GLOSSARY
OF MORTGAGE & CLOSING STATEMENT TERMS
Vocabulary is Knowledge. Knowledge is Power.
3/1,
5/1, 7/1 and 10/1 ARMs - Adjustable-Rate Mortgages in which
the rate is fixed for 3-, 5-, 7- or 10-year intervals, respectively,
and then can vary yearly or once-a-year.
5/25
and 7/23 Mortgages - Mortgages with a one-time adjustment
in payment after 5- or 7 years, respectively.
Acceleration
- the contractual right of the lender (mortgagee) to demand the
immediate payment of the entire and full mortgage loan balance upon
the default of the borrower (mortgagor), or in the alternative,
by using the contractual right as specified in the Due-on-Sale Clause
when the mortgaged property is sold.
Adjustable
Rate Mortgage (ARM) - a mortgage in which the interest
rate is adjusted periodically (typically yearly), based upon a pre-selected
and contractually agreed upon rate of increase, usually based upon
an identified index. It is sometimes known as a “renegotiable
rate mortgage” or a “variable rate mortgage.”
Adjustment
Interval - with an ARM, the contractually agreed time interval
(1-, 3-, 5-, 7-, 10-years) between changes in the interest rate
and monthly payment.
Amortization
- a periodic payment (usually monthly, may be bi-weekly, etc.) of
a mortgage sufficient to pay off the debts (principal) after a specified
time (usually 5-, 10-, 15-, 20-, 30- years) and all incurred and
accrued interest on the outstanding balance of the loan. Payments
remain constant (the same) if the mortgage is a fixed-rate mortgage.
Annual
Percentage Rate (APR) - a measurement of the full cost
of a loan. It includes interest on the principal plus loan fees
expressed as a yearly percentage rate. All lenders must apply the
same rules in calculating the APR, so looking at this number is
a quick, easy and fair method to compare lenders (mortgagees) and
the costs of their loan(s).
Appraisal
- an estimate, based on various and sufficient
data, made by a qualified (and licensed) professional appraiser
who determines the “fair market value” of the property;
see also “Appraised Value.” City and county governments
use the appraised value to determine the amount of taxes owed by
property owners. In Montgomery County, TN, the present county tax
rate is $ 3.30 peer $100 of assessed value; if the property is locate
within the city limits, there is an additional $1.81 per $100 of
assessed value.
Appraisal
Fee - the fee charged by the appraiser to give his/her
professional opinion as to the “fair market value” of
the property.
Appraised Value - the “fair market value” of
the property as determined by a professional appraiser; see also
“Appraisal.”
Appraiser–a
qualified, licensed individual (company) that evaluates and then
determines the “fair market value” of the property.
APR--see
annual percentage rate.
ARM–see
Adjustable Rate Mortgage.
Assessed
value–a percentage of the appraised value that is
used to calculate the tax amount on that property. The percentage
is determined by the property’s use–in Montgomery County,
TN., residential and agricultural property = 25% of the appraised
value; personal property = 30%; commercial and industrial property
= 40%; public utilities = 55%. If the value of your home is $100,000,
the assessed value would then be $25,000; see also appraised value;
see also Appraisal.
Assessment–a
local tax levied against a property for a specific purpose such
as curbs, street lighting, sewers, etc.
Assumption–an
agreement between the seller and buyer whereby the buyer “steps
into the shoes” of the seller and assumes or takes over an
existing mortgage on the property. If the lender is willing, this
frequently saves the buyer money since this is an existing mortgage
and there should be reduced closing costs. Note that the lender
determines if it will allow an assumption of the debt.
Assumption
Fee–the fee charged by a lender for the privilege
of allowing a buyer to assume an existing mortgage, frequently at
a lower interest rate than a new mortgage would demand.
Attorney’s
Fees–fees paid to an attorney for his or her professional
work.
Balloon
Mortgage–a mortgage with a large payment at the end
of the loan term. An example would be a 30 year amortization and
a 5 year term. At the end of the term the entire unpaid amount of
principal (the balloon payment) is due. Many borrowers repay the
balloon payment by refinancing the mortgage.
Blanket
Mortgage–a single mortgage secured by at least two
pieces or particles of property.
Borrower
(Mortgagor)–an individual who receives a loan in
the form of a mortgage and has the intention of repaying the loan
in full.
Broker–an
individual that assists another in arranging funding but does not
loan the money himself; also, an individual assisting another in
negotiating contracts, such as for interest rates and terms of a
mortgage, for a client. Brokers usually receive a commission or
fee for their services.
Buy-down–when
somebody, such as the builder, subsidizes the mortgage by lowering
the interest rate for the first few years of the loan. Payments
will increase when the subsidy expires.
Caps (interest)–limits on the amount of change,
yearly and/or during the life of the loan, in the interest rate
of an ARM.
Caps
(payment)–limits on the amount of change, yearly
and/or during the life of the loan, in the amount of monthly payments
of an ARM.
Certificate
of Eligibility–a document given to qualified veterans
which entitles them to VA guaranteed loans.
Certificate
of Title–a document signed by an attorney or title
examiner stating that the owner (seller) has a good title to the
property and that the title can be insured by a title insurance
company.
Certificate
of Veteran Status–a document given to veterans or
reservists who have served at least 90 continuous days of active
duty, including training time.
Closing–a
meeting between seller, buyer and lender, or their agents, during
which the funds and property change hands.
Closing
Costs–various costs and expenses associated with
and assessed at closing. Closing costs usually amount to 3%-6% of
the mortgage amount. Items such as discount points, origination
fee, appraisal fee, title search and title insurance, survey, city
and county taxes, deed recording fee, credit report fee, mortgage
insurance premium, fees for power of attorney, and other costs assessed
at settlement are included in the closing costs. These costs are
itemized on a HUD Settlement statement.
COFI
(Cost-of-funds index)–an index, often the 11th District
Cost of Funds, used with an ARM to establish the interest rate based
on the cost-of-funds index.
Conventional
Loan–a loan that is not insured, guaranteed or made
by the federal government
Cost-of-funds
index– see COFI.
Credit
Report–a report by a credit bureau reporting on the
credit history and current status of a borrower’s credit rating
or standing. This report is used by lenders to determine whether
a loan is to be granted or not, and to help determine the interest
rate changed on a loan.
Credit
Report Fee–the fee charged by a credit reporting
firm for a report on a client’s credit history. Lenders use
the credit report information to help decide whether or not to approve
and make a loan and how much money to loan.
Debt-to-Income
Ratio (DTI)–the ratio of monthly debt payments to
gross monthly income. The DTI is used by lenders to help determine
whether a borrower can qualify for a mortgage.
Deed (Warranty)–a formal written instrument
with which title to property is transferred from one owner to another,
with the former owner warranting or guaranteeing that he or she
has good title free and clear of all liens and encumbrances and
will defend the title against all lawful claims.
Deed
(Quit-claim)–a formal written instrument which transfers
the right, title or interest of one owner to another without providing
a warranty or guarantee of title. If the former owner owns clear
title to the property, all the interest is transferred; if the former
owner owns no interest in the property, no interest is transferred.
Deed
of Trust–a document used in some states in place
of a mortgage to secure payment of a loan or note.
Default–failure
to make the regularly-scheduled payments on a mortgage which can
lead to a foreclosure; also, a failure to meet the legal obligations
of a contract; see also delinquency.
Deferred
Interest–when a mortgage is written so that the monthly
payments are less than those required to satisfy the loan rate,
the unpaid interest is deferred and added to the loan balance, resulting
in a negative amortization.
Delinquency–a
failure to make payments on time which can lead to a foreclosure;
see also default.
Discount
Points–Each point is equal to 1% of the loan amount.
This increases or equalizes the lender’s yield (includes the
interest rate charged, discount points paid and other charges collected)
or rate of return. Even the FHA charges 1 point up front in their
closing costs.
Document
Preparation–fees charged to prepare various documents.
Down
Payment–the amount of money, in cash, the buyer pays
towards the purchase price of the property, to make up the difference
between the sale price and the mortgage amount.
DTI–see
Debt-to-Income Ratio.
Due-on-Sale
Clause–a clause in a mortgage or deed of trust that
allows the lender to demand immediate and full payment of the balance
of the mortgage if the mortgage holder sells the property.
Earnest
Money–a monetary consideration given by the buyer
to assure they will complete the transaction. If the buyer chooses
to not complete the transaction, the seller keeps the earnest money
as liquidated damages.
ECOA–see
Equal Credit Opportunity Act.
End
loan–see permanent loan.
Entitlement (Eligibility)–entitlement for
a home loan guaranteed by the VA; also, the VA home loan benefit.
Equal
Credit Opportunity Act (ECOA)–The federal law that
requires creditors and lenders to make credit equally available
without discrimination based on race, color, religion, national
origin, age, sex, marital status, sexual preference or receipt of
income from public assistance programs.
Equity
(Owner’s Interest)–the difference between the
current indebtedness on the property and the fair market value of
the property.
Escrow–earnest
money deposits held before closing and usually applied to the sale
price of the property.
Escrow
Account Deposits–deposit of money by a buyer into
an account held by a lender for the payment of taxes and insurance.
It is usually part of the monthly mortgage payment.
Fair
Market Value–the price at which a willing seller
will sell and a willing buyer buy.
FHA–Federal
Housing Administration–a division of the Department of Housing
and urban Development. It sets standards for underwriting mortgages
and insures residential mortgage loans made by private lenders.
FHA
Loan–a loan insured by the FHA. Loans are large enough
to handle moderately-priced homes nearly anywhere in the U.S.A.
There are limits to the size of these loans.
FHA
Mortgage Insurance–a fee, presently 2.25% of the
loan amount, paid at closing to insure a FHA loan. It also requires
a annual fee, of up to 0.5% of the current loan amount, to be paid
in monthly installments for a variable length of time. The lower
the down payment, the longer the fee must be paid.
Finance
Charge–the dollar amount the credit will cost
Firm
Commitment–a written promise by a lender to make
a loan of a certain amount to a specific individual, for a specified
length of time, to purchase a specific property; also, a written
promise by the FHA to insure a mortgage loan for a specific property
and a specific buyer.
Fixed
Rate Loan–the loan interest rate is fixed and the
interest rate and payment amount do not change during the life of
the loan to the original borrower.
Fixed
Rate Mortgage–the mortgage interest rate will remain
fixed or constant on the mortgage during the life of the mortgage
to the original borrower.
Flood
Insurance–insurance required by lenders if the property
is located in a flood-plain or is subject to damage by flooding.
Foreclosure–a
legal process whereby the lender forces the sale of a mortgaged
property because the borrower has not met the terms of the mortgage.
Good
Faith Estimate of Settlement Costs (GFE)----the Real Estate
Settlement Procedures Act (RESPA) requires a lender or mortgage
broker to give you a GFE of the settlement charges you probably
will encounter and have to pay for. Note that it is an estimate,
and actual charges may be more or less.
Government
Mortgage–a mortgage insured by Housing and Urban
Development (HUD) through the FHA (see FHA) or guaranteed by the
VA (see VA) or the Rural Housing Service (see RHS).
Government
Recording Fees (State/County/City)–fees charged by
various governmental agencies for recordation of documents.
Graduated
Payment Mortgage (GPM)–a type of variable- or flexible-rate
mortgage in which the monthly payments increase for a specified
period of time (e.g., 12 months, 36 months, 60 months) and then
level off and remain constant. A GPM mortgage has negative amortization
built into it. Caution is urged if you are considering a GPM.
Guaranty–a
written promise by one party to perform an obligation, such as pay
a debt, if another party fails to perform or pay the debt according
to the contract. Parents are frequently asked to be guaranty for
loans made to their children, esp. if there is a doubt the child
has the financial ability or will repay the debt.
Hazard
Insurance–insurance in which an insurance company
insures and financially protects the insured from specified losses,
such as fire, storm, hail, etc.; see also hazard insurance premium.
Hazard
Insurance Premium–the cost of hazard insurance; see
also hazard insurance.
HUD
Settlement Statement–a summary of all the costs of
both buyer and seller in a mortgage transaction and provided to
both parties. Itemized costs should approximate those on the GFE.
Impound–the
portion of a borrower’s monthly payment held by the lender
to pay for items such as taxes, insurance (hazard, mortgage), etc.
as they arise and become due.
Index–the
base interest rate used to calculate the interest rate on a variable
rate loan. Lenders typically set their loan rate at a set percentage
(say 3%) above the index or base rate.
Interest–the
charge or cost of borrowing money.
Lender’s
Inspection Fee–a charge that covers the cost of inspections,
often of newly constructed housing.
Lender’s Title Insurance–an insurance
policy, usually issued by a title insurance company, that protects
the lender against errors or disputes in the title to the property.
The cost is usually based on the value of the property. see also
Owner’s Title Insurance and Title Insurance.
Lien–a
legal claim on the property that secures the promise to repay the
loan.
Loan
Discount–see Discount Points.
Loan
Origination Fees-fees charged by the lender for processing
and/or evaluating the loan application. Fees are frequently assessed
as a percentage on the amount of the loan and are usually paid by
the borrower.
Mortgage–a
transfer or conveyance of property upon any condition that becomes
void upon payment according to the stipulated terms.
Mortgage
Broker Fee–a fee paid to a mortgage broker; see also
broker.
Mortgage
Insurance–money paid to insure a mortgage when the
down payment is less than 20%.
Mortgage
Insurance Application fee–a fee for processing an
application for mortgage insurance.
Mortgage
Insurance Premium–the cost of mortgage insurance.
Lenders frequently require the borrower to pay, at settlement, the
first year’s mortgage insurance premium or an advance lump
sum premium that covers the entire life of the loan.
Mortgage
Note–a written agreement to repay a loan which is
secured by a mortgage and serves as proof of indebtedness. The note
will state the manner in which the loan is to repaid.
Mortgagee–the
lender.
Mortgagor–the
borrower.
Negative
Amortization–when the monthly payments are not large
enough to pay the interest due on the loan. The unpaid interest
is added to the unpaid balance of the loan so that the borrower
tends to end up owing more than the original amount of the loan.
Net
effective income–the borrower’s gross income
minus federal income taxes.
Non-Assumption
Clause–a contract clause in the mortgage the forbids
or prohibits someone else assuming the mortgage without the prior
approval of the lender.
Notary
Fee–a fee charged by a Notary Public who swears that
the person(s) named in the document(s) are the named persons and
did, in fact, sign them
One-Year Adjustable Mortgage–a mortgage whose
interest rate changes yearly, with the rte usually based on movements
of a particular published index plus a specified additional margin
Origination
Fee–a fee charged by a lender to prepare loan documents,
obtain and evaluate credit history, inspect the property, appraise
the property, etc. The fee is usually computed as a percentage of
the amount of the loan
Owner
Financing–where the owner finances the first or second
loan on the property. They may lend their equity back as a first
or second mortgage.
Owner’s
(Buyer’s) Title Insurance–an insurance policy,
usually issued by a title insurance company, that protects buyers
against errors or disputes in the title to the property. The cost
is usually based on the value of the property. see also Title Insurance;
Lender’s Title Insurance Policy
Paid
Outside of Closing (“POC”)–fees such
as credit reports and appraisals are usually paid by the borrower
before closing, are additional costs and are added in line 1400
of the HUD Settlement Statement. Other fees such as fees paid by
the lender to a broker may be paid after closing, are usually included
in the interest rate or other settlement charges and will not be
added to line 1400 of the HUD Settlement Statement.
Permanent
Loan–a long term loan, usually 10 years or more;
see also end loan
Pest
& Other Inspections–inspection and treatment
for termites, carpenter ants and other insects that destroy wood.
This is performed by a licensed pest control operator who will issue
a letter stating that none were found or that they were treated
PITI--
abbreviation for Principal, Interest, Taxes, Insurance, the usual
components of a monthly mortgage payment
Points–see
Discount Points
Power
of Attorney (POA)–a legally binding document allowing
one individual to act on behalf of another
Prepaid
Expenses–funds used to either create an escrow account
or to adjust the seller’s existing escrow account. Items frequently
include taxes, hazard insurance, private mortgage insurance, assessments,
etc.
Prepaid
Interest–interest due from the date of the loan closing
to the first day of the following month. Most loans require payments
to be due on the first day of the month. This is considered a settlement
charge and will be disclosed on the HUD Settlement Statement
Prepayment–a
contractual clause in a mortgage permitting the borrower to make
payments in advance of the due dates; it is a privilege, not a right
Prepayment Penalty–a lender’s charge
for an early payment of debt; lenders may allow prepayment with
or without penalty. Many states allow a penalty but do not impose
a penalty.
Primary
Mortgage Market–when lenders make mortgage loans
directly to banks, S & Ls and mortgage companies which then
loan the funds to borrowers. Lenders sometimes sell their mortgages
to the secondary mortgage markets such as the Federal National Mortgage
Association (FNMA), the Government National Mortgage Association
(GNMA), etc.
Principal–the
amount of debt remaining on a loan, not counting interest
Principal,
Interest, Taxes, Insurance – see PITI
Private
Mortgage Insurance (PMI)–the usual down payment on real estate
is 20%. If the down payment is smaller, lenders usually require
the borrower to carry PMI to protect their loan. PMI usually requires
an initial premium and usually additional monthly fees based on
the loan’s structure and balance owed
Pro-rata–to
divide proportionally. For example, if the seller owns the house
for 4 months, he or she would owe 4/12 of the city and county taxes.
The buyer would owe the remaining 8/12.
Prorate–to
proportionally allocate between the seller and buyer an obligation,
such as taxes, that has been paid or is due to be paid.
Rate
Lock–a time period, such as 30 or 60 days, during
which a lender agrees to hold the mortgage rate and points paid
by the borrower to the rate quoted to the borrower on a particular
day. The borrower then has that time frame to close before the rate
and points may be changed
Realtor–a
licensed real estate broker or associate
Recission–cancellation,
as with a contract
Recording
fees–fees government agencies charge for recording
documents and making them a part of the public record
Refinance–obtaining
a new mortgage on a presently owned property. Borrowers frequently
refinance when there is a sufficient downward change in the interest
rate
RESPA–Real
Estate Settlement Procedures Act. A federal law that requires lenders
to furnish to the borrower, after application, information on known
or estimated settlement costs once after application and once before
or at closing
Reverse
Annuity Mortgage (RAM)–a form of a mortgage in which
the lender makes periodic payments to the borrower using the borrower’s
equity as collateral for and repayment of the loan
Satisfaction
(of Mortgage)–also called a “release of mortgage,”
it is a document issued by the lender stating that the mortgage
loan has been paid in full
Second
Mortgage–a mortgage issued after the first or primary
mortgage and subordinate to the primary mortgage
Secondary
Mortgage Market–the mortgage market in which primary
mortgage lenders (banks, S & Ls, mortgage companies) sell their
mortgages in order to obtain more money so they can originate more
new loans
Servicing–all
the steps a lender takes to ensure that a loan remains in good standing.
Examples of servicing include collection of payments, payment of
taxes, insurance, etc.
Settlement
Costs–see Closing Costs
Settlement
(Closing) Fee–fees associated with the transfer of property
to a purchaser and recording the mortgage lien on the property.
It includes items such as application fees and fees for title examination,
abstract of title, surveys, title insurance, attorney’s fees,
document preparation, appraisal, credit report, etc.
Shared
Appreciation Mortgage–a type of mortgage in which
the borrower and another party (lender, family member Refinance–obtaining
a new mortgage on a presently owned property. Borrowers frequently
refinance when there is a sufficient downward change in the interest
rate
Survey–a
measurement of land (and possibly improvements) showing the location
and boundaries in relation to known points. It is prepared by a
registered land surveyor. It may be called a “meets and bounds”
survey.
Title–a
legal document evidencing ownership of real estate
Title
Abstract–a summary of the public records relating
to the title of a particular parcel of real property. An attorney
or title company reviews a title abstract to determine whether there
are any title defects
Title
Examination–examination of municipal records by an
attorney or title insurance company to determine ownership of the
real estate
Title
Insurance–an insurance policy, usually issued by
a title insurance company, that protects buyers and/or sellers against
errors or disputes in the title to the property. The cost is usually
based on the value of the property. Policies may be issued to protect
the buyer (Buyers Policy) or the seller (Seller’s Policy)
or (usually) both; see also Owner’s (Buyer’s) Insurance
Policy and Lender’s Title Insurance
Title
Search–an examination of the public municipal records
to determine the ownership of real estate; it is usually performed
by a licensed attorney or title insurance company. This search should
disclose any liens, overdue special assessments, or other claims.
Total Settlement Charges–all charges, for
both the seller and buyer, associated with a transfer of real property
Truth-in-Lending–a
federal law that requires lenders to disclose, in writing, the true
Annual Percentage Rage (APR) to borrowers (home buyers) shortly
after they apply for a loan. It may also be called “Regulation
Z;” see also Annual Percentage Rate
Two-Step
Mortgage–a type of mortgage in which the borrower
receives a below market rate of interest for a determined number
of years (such as 7 or 10 years), and then receives a new interest
rate (within limits), based on market conditions at that time. Lenders
frequently contractually reserve the option to “call in”
the loan and make the entire amount of principal due at the end
of the determined number of years. Some lenders call this type of
mortgage a “Premier” or “Super Seven” or
‘Super Ten.”
Underwriting
fees–fees charged for evaluating a loan based upon
assets, reports, employment history, bankruptcy, etc. and making
a decision on whether or not to make a loan
VA
Funding fee–see VA Mortgage Funding Fee
VA
Loan–a loan to individuals qualified by military
service or other entitlements, the loan being long-term and requiring
no down payment or a low down payment (usual down payment = 20%
of the purchase price). The loan is guaranteed by the Department
of Veterans Affairs (VA).
VA
Mortgage Funding Fee–depending upon the amount of
the down payment paid on a VA loan, a premium of up to 1 7/8 percent
is paid on closing or added to the amount financed.
Variable
Loan Rate–the interest rate may change during any
period of the loan, as written into the loan agreement (a contractual
agreement) that will be enforce by a Court. They are often called
“Adjustable Rate Mortgages” (ARM); see also Adjustable
Rate Mortgage
Verification
of deposit–a signed document verifying the status
and balance of the borrower’s account/financial accounts.
Verification
of employment–a document signed by the employee’s
employer verifying or affirming the borrower’s position, employment,
salary and duration of employment with that particular employer.
This information is used to help determine whether a loan should
be granted and for how much.
Warehouse
Fee–many/most mortgage firms borrow funds on a short-term
basis in order to make more loans which are to be sold to the secondary
mortgage market. When/if the prime rate of interest is higher on
short term loans than on long-term mortgage loans, the mortgage
firm would have a net economic loss.
Wraparound (Mortgage)–when an assumable loan
is added to and combined with a new loan, usually on at least two
(2) separate properties, resulting in a blend of the “old”
and “new” or current market value interest rates.
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