Abstract (Of Title)
A summary of the public records relating to the title
to a particular piece of land. An attorney or title
insurance company reviews an abstract of title to determine
whether there are any title defects which must be cleared
before a buyer can purchase clear, marketable, and insurable
title.
Acceleration
Clause
Condition in a mortgage that may require the balance
of the loan to become due immediately, if regular
mortgage payments are not made or for breach of other
conditions of the mortgage.
Acceptance
An offeree’s consent to enter into a contract
and be bound by the terms of the offer.
Additional principal payment
A payment by a borrower of more than the scheduled
principal amount due in order to reduce the remaining
balance on the loan.
Adjustable Mortgage Loan
Any mortgage that does not have a fixed interest rate
and a fixed payment for the term of the loan, or does
not amortize to zero at the end of the set term, when
required payments are made on time.
Adjustable
Rate Mortgage
A mortgage in which the interest rate is adjusted
periodically according to the movement in a pre-selected
index.
Adjusted basis
The original cost of a property plus the value of
any capital expenditures for improvements to the property
minus any depreciation taken
Adjustment date
The date on which the interest rate changes for an
adjustable-rate mortgage (ARM).
Adjustment Interval
For an adjustable rate mortgage, the time between
changes in the interest rate charged. The most common
adjustment intervals are one, three or five years.
Adjustment
period
The period that elapses between the adjustment dates
for an adjustable-rate mortgage (ARM).
Administrator
A person appointed by a probate court to administer
the estate of a person who died intestate.
Agreement of Sale
Known by various names, such as contract of purchase,
purchase agreement, or sales agreement according to
location or jurisdiction. A contract in which a seller
agrees to sell and a buyer agrees to buy, under certain
specific terms and conditions spelled out in writing
and signed by both parties.
Amenity
A feature of real property that enhances its attractiveness
and increases the occupant’s or user’s
satisfaction although the feature is not essential
to the property’s use. Natural amenities include
a pleasant or desirable location near water, scenic
views of the surrounding area, etc. Human-made amenities
include swimming pools, tennis courts, community buildings,
and other recreational facilities.
Amortization
A payment plan, which enables the borrower to reduce
his debt gradually through monthly payments of principal.
Amortization schedule
A timetable for payment of a mortgage loan. An amortization
schedule shows the amount of each payment applied
to interest and principal and shows the remaining
balance after each payment is made.
Amortization term
The amount of time required to amortize the mortgage
loan. The amortization term is expressed as a number
of months.
Amortize
Reduce a debt by regular payments of both principal
and interest.
Amortization Schedule
A timetable for payment of a mortgage showing the
amount of each payment applied to interest and principal
and the remaining balance.
Annual
Percentage Rate (APR)
The total yearly cost of a mortgage stated as a percentage
of the loan amount: includes the base interest rate,
primary mortgage insurance, and loan origination fee
(points)
Annuity
An amount paid yearly or at other regular intervals,
often on a guaranteed dollar basis.
Application
A form used to apply for a mortgage loan and to record
pertinent information concerning a prospective mortgagor
and the proposed security.
Application Fee
The fee charged by the lender to the borrower for
applying for a loan.
Appraised value
An opinion of a property's fair market value, based
on an appraiser's knowledge, experience, and analysis
of the property.
Appraiser
A person qualified by education, training, and experience
to estimate the value of real property and personal
property.
Appraisal
A professional opinion of the market value of a property.
Appreciation
An increase in the value of a house due to changes
in market conditions or other causes.
Assessed Value
The valuation placed upon property by a public tax
assessor for purposes of taxation.
Assessment
The process of placing a value on property for the
strict purpose of taxation. May also refer to a levy
against property for a special purpose, such as a
sewer assessment.
Assessor
A public official who establishes the value of a property
for taxation purposes.
Asset
Anything of monetary value that is owned by a person.
Assets include real property, personal property, and
enforceable claims against others (including bank
accounts, stocks, mutual funds, and so on).
Assignment
The transfer of a mortgage from one person to another.
Assumable Loan
These loans may be passed on from a seller of a home
to the buyer. The buyer "assumes" all outstanding
payments.
Assumption
clause
A provision in an assumable mortgage that allows a
buyer to assume responsibility for the mortgage from
the seller. The loan does not need to be paid in full
by the original borrower upon sale or transfer of
the property.
Assumption fee
The fee paid to a lender (usually by the purchaser
of real property) resulting from the assumption of
an existing mortgage.
Assumption of Mortgage
An obligation undertaken by the purchaser of property
to be personally liable for payment of an existing
mortgage. In an assumption, the purchaser is substituted
for the original mortgagor in the mortgage instrument
and the original mortgagor is to be released from
further liability in the assumption, the mortgagee's
consent is usually required.
Attorney-in-fact
One who holds a power of attorney from another to
execute documents on behalf of the grantor of the
power. The original mortgagor should always obtain
a written release from further liability if he desires
to be fully released under the assumption. Failure
to obtain such a release renders the original mortgagor
liable if the person assuming the mortgage fails to
make the monthly payments. An "Assumption of
Mortgage" is often confused with "purchasing
subject to a mortgage." When one purchases subject
to a mortgage, the purchaser agrees to make the monthly
mortgage payments on an existing mortgage, but the
original mortgagor remains personally liable if the
purchaser fails to make the monthly payments. Since
the original mortgagor remains liable in the event
of default, the mortgagee's consent is not required
to a sale subject to a mortgage. Both "Assumption
of Mortgage" and "Purchasing Subject to
a Mortgage" are used to finance the sale of property.
They may also be used when a mortgagor is in financial
difficulty and desires to sell the property to avoid
foreclosure.
Balance sheet
A financial statement that shows assets, liabilities,
and net worth as of a specific date.
Bankrupt
A person, firm, or corporation that, through a court
proceeding, is relieved from the payment of all debts
after the surrender of all assets to a court-appointed
trustee.
Bankruptcy
A proceeding in a federal court in which a debtor
who owes more than his or her assets can relieve the
debts by transferring his or her assets to a trustee.
Before-tax income
Income before taxes are deducted.
Beneficiary
The person designated to receive the income from a
trust, estate, or a deed of trust.
Bill of sale
A written document that transfers title to personal
property.
Binder or "Offer to Purchase"
A preliminary agreement, secured by the payment of
earnest money, between a buyer and seller as an offer
to purchase real estate. A binder secures the right
to purchase real estate upon agreed terms for a limited
period of time. If the buyer changes his mind or is
unable to purchase, the earnest money is forfeited
unless the binder expressly provides that it is to
be refunded. Broker (See Real Estate Broker)
Blanket insurance policy
A single policy that covers more than one piece of
property (or more than one person).
Bond
An interest-bearing certificate of debt with a maturity
date. An obligation of a government or business corporation.
A real estate bond is a written obligation usually
secured by a mortgage or a deed of trust.
Borrower
One who receives funds with the expressed or implied
intention of repaying the loan in full.
Bridge loan
A form of second trust that is collateralized by the
borrower's present home (which is usually for sale)
in a manner that allows the proceeds to be used for
closing on a new house before the present home is
sold.
Broker
An individual in the business of assisting in arranging
funding or negotiating contracts for a client but
who does not loan the money himself. Brokers usually
charge a fee or receive a commission for their services.
Building code
Local regulations that control design, construction,
and materials used in construction. Building codes
are based on safety and health standards.
Building Line or Setback
Distances from the ends and/or sides of the lot beyond
which construction may not extend. The building line
may be established by a filed plat of subdivision,
by restrictive covenants in deeds or leases, by building
codes, or by zoning ordinances.
Buy down
Money advanced by an individual (seller, builder,
etc.) to reduce monthly payments for a home mortgage
either during the entire term or for an initial period
of years.
Call option
A provision in the mortgage that gives the mortgagee
the right to call the mortgage due and payable at
the end of a specified period for whatever reason.
Capital expenditure
The cost of an improvement made to extend the useful
life of a property or to add to its value.
Capital improvement
Any structure or component erected as a permanent
improvement to real property that adds to its value
and useful life.
Cap
A provision of an ARM limiting how much the interest
rate or mortgage payments may increase.
Cash Out
A loan transaction in which the borrower receives
funds at the time of closing.
Cash-out
refinance
A refinance transaction in which the amount of money
received from the new loan exceeds the total of the
money needed to repay the existing first mortgage,
closing costs, points, and the amount required to
satisfy any outstanding subordinate mortgage liens.
Certificate of deposit
A document written by a bank or other financial institution
that is evidence of a deposit, with the issuer’s
promise to return the deposit plus earnings at a specified
interest rate within a specified time period. Certificate
of Eligibility A document issued by the federal government
certifying a veteran’s eligibility for a Department
of Veterans Affairs (VA) mortgage. Certificate of
Reasonable Value (CRV) A document issued by the Department
of Veterans Affairs (VA) that establishes the maximum
value and loan amount for a VA mortgage.
Certificate of Title
A certificate issued by a title company or a written
opinion rendered by an attorney that the seller has
good marketable and insurable title to the property,
which he is offering for sale. A certificate of title
offers no protection against any hidden defects in
the title, which an examination of the records could
not reveal. The issuer of a certificate of title is
liable only for damages due to negligence. The protection
offered a homeowner under a certificate of title is
not as great as that offered in a title insurance
policy.
Chain of title
The history of all of the documents that transfer
title to a parcel of real property, starting with
the earliest existing document and ending with the
most recent.
Change frequency
The frequency (in months) of payment and/or interest
rate changes in an adjustable-rate mortgage (ARM).
Chattel
Another name for personal property.
Claim
An amount requested of an insurer, by a policyholder
or a claimant, for an insured loss.
Clear title
A title that is free of liens or legal questions as
to ownership of the property
Closing
The occasion where a sale is finalized; the buyer
signs the mortgage, and closing costs are paid. Also
called "settlement."
Closing Costs
Expenses (over and above the price of the property)
incurred by buyers and sellers in transferring ownership
of a property. Also called "settlement costs."
Closing cost item
A fee or amount that a homebuyer must pay at closing
for a single service, tax, or product.
Closing Day
The day on which the formalities of a real estate
sale are concluded. The certificate of title, abstract,
and deed are generally prepared for the closing by
an attorney and this cost charged to the buyer. The
buyer signs the mortgage, and closing costs are paid.
The final closing merely confirms the original agreement
reached in the agreement of sale.
Cloud (On Title)
An outstanding claim or encumbrance, which adversely
affects the marketability of title.
Co-Borrower
An additional borrower on a loan. A co-borrower's
obligation on a loan are the same as all other borrowers.
Coinsurance
A sharing of insurance risk between the insurer and
the insured. Coinsurance depends on the relationship
between the amount of the policy and a specified percentage
of the actual value of the property insured at the
time of the loss.
Coinsurance clause
A provision in a hazard insurance policy that states
the amount of coverage that must be maintained --
as a percentage of the total value of the property
-- for the insured to collect the full amount of a
loss.
Collateral
An asset (such as a car or a home) that guarantees
the repayment of a loan. The borrower risks losing
the asset if the loan is not repaid according to the
terms of the loan contract.
Collection
The efforts used to bring a delinquent mortgage current
and to file the necessary notices to proceed with
foreclosure when necessary.
Co-maker
A person who signs a promissory note along with the
borrower. A co-maker's signature guarantees that the
loan will be repaid, because the borrower and the
co-maker are equally responsible for the repayment.
Commission
Money paid to a real estate agent or broker by the
seller as compensation for finding a buyer and completing
the sale.
Commitment Letter
A formal offer by a lender stating the terms under
which it agrees to loan money to a homebuyer.
Common area assessments
Levies against individual unit owners in a condominium
or planned unit development (PUD) project for additional
capital to defray homeowners' association costs and
expenses and to repair, replace, maintain, improve,
or operate the common areas of the project.
Common areas
Those portions of a building, land, and amenities
owned (or managed) by a planned unit development (PUD)
or condominium project's homeowners' association (or
a cooperative project's cooperative corporation) that
are used by all of the unit owners, who share in the
common expenses of their operation and maintenance.
Common areas include swimming pools, tennis courts,
and other recreational facilities, as well as common
corridors of buildings, parking areas, means of ingress
and egress, etc.
Common law
An unwritten body of law based on general custom in
England and used to an extent in the United States.
Community
property
In some western and southwestern states, a form of
ownership under which property acquired during a marriage
is presumed to be owned jointly unless acquired as
separate property of either spouse.
Comparables
A abbreviation for comparable properties used for
comparative purposes in the appraisal process; facilities
of reasonably the same size and location with similar
amenities; properties which have been recently sold,
which have characteristics similar to property under
consideration, thereby indicating the approximate
fair market value of the subject property.
Compound interest
Interest paid on the original principal balance and
on the accrued and unpaid interest.
Condemnation
The taking of private property for public use by a
government unit, against the will of the owner, but
with payment of just compensation under the government's
power of eminent domain. Condemnation may also be
a determination by a governmental agency that a particular
building is unsafe or unfit for use.
Condominium
Individual ownership of a dwelling unit and an individual
interest in the common areas and facilities, which
serve the multi-unit project.
Condominium conversion
Changing the ownership of an existing building (usually
a rental project) to the condominium form of ownership.
Condominium hotel
A condominium project that has rental or registration
desks, short-term occupancy, food and telephone services,
and daily cleaning services and that is operated as
a commercial hotel even though the units are individually
owned.
Construction Loan
A short-term loan for funding the cost of construction.
The lender advances funds to the builder as the work
progresses.
Consumer reporting agency (or bureau)
An organization that prepares reports that are used
by lenders to determine a potential borrower's credit
history. The agency obtains data for these reports
from a credit repository as well as from other sources.
Contingency
A condition that must be met before a contract is
legally binding.
Contract
An oral or written agreement to do or not to do a
certain thing.
Contractor
In the construction industry, a contractor is one
who contracts to erect buildings or portions of them.
There are also contractors for each phase of construction:
heating, electrical, plumbing, air conditioning, road
building, bridge and dam erection, and others.
Conventional Mortgage
Any mortgage that is not insured or guaranteed by
the federal government.
Convertibility clause
A provision in some adjustable-rate mortgages (ARMs)
that allows the borrower to change the ARM to a fixed-rate
mortgage at specified time.
Convertible Arm
An adjustable-rate mortgage that can be converted
to a fixed-rate mortgage under specified conditions.
Coverage
The amount of protection, usually expressed in a percentage
of the total claim amount, an insured receives under
a certificate.
Cooperative (co-op)
A type of multiple ownership in which the residents
of a multiunit housing complex own shares in the cooperative
corporation that owns the property, giving each resident
the right to occupy a specific apartment or unit.
Cooperative Corporation
A business trust entity that holds title to a cooperative
project and grants occupancy rights to particular
apartments or units to shareholders through proprietary
leases or similar arrangements.
Cooperative Housing
An apartment building or a group of dwellings owned
by a corporation, the stockholders of which are the
residents of the dwellings. It is operated for their
benefit by their elected board of directors. In a
cooperative, the corporation or association owns title
to the real estate. A resident purchases stock in
the corporation, which entitles him to occupy a unit
in the building or property owned by the cooperative.
While the resident does not own his unit, he has an
absolute right to occupy his unit for as long as he
owns the stock.
Cooperative mortgages
Mortgages related to a cooperative project.
Cooperative project
A residential or mixed-use building wherein a corporation
or trust holds title to the property and sells shares
of stock representing the value of a single apartment
unit to individuals who, in turn, receive a proprietary
lease as evidence of title.
Corporate relocation
Arrangements under which an employer moves an employee
to another area as part of the employer's normal course
of business or under which it transfers a substantial
part or all of its operations and employees to another
area because it is relocating its headquarters or
expanding its office capacity.
Cost of funds index (COFI)
An index that is used to determine interest rate changes
for certain adjustable-rate mortgage (ARM) plans.
It represents the weighted-average cost of savings,
borrowings, and advances of the 11th District members
of the Federal Home Loan Bank of San Francisco.
Covenant
A clause in a mortgage that obligates or restricts
the borrower and that, if violated, can result in
foreclosure.
Commitment
A written letter of agreement detailing the terms
and conditions by which the lender will lend and the
borrower will borrow funds to finance a home.
Credit
history
A record of an individual's open and fully repaid
debts. A credit history helps a lender to determine
whether a potential borrower has a history of repaying
debts in a timely manner.
Credit life insurance
A type of insurance often bought by mortgagors because
it will pay off the mortgage debt if the mortgagor
dies while the policy is in force.
Creditor
A person to whom money is owed.
Credit
Report
A report of an individual's credit history prepared
by a credit bureau and used by a lender in determining
a loan applicant's creditworthiness.
Credit repository
An organization that gathers, records, updates, and
stores financial and public records information about
the payment records of individuals who are being considered
for credit.
Cure
A loan that is removed from a delinquency status with
no loss to the insurer. |