A
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Acceleration
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The right of the mortgagee
(lender) to demand the immediate repayment of the mortgage loan balance
upon the default of the mortgagor (borrower), or by using the right vested
in the Due-on-Sale Clause.
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Adjustable
Rate Mortgage (ARM)
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Is a mortgage in which
the interest rate is adjusted periodically based on a preselected index.
Also sometimes known as the re-negotiable rate mortgage, the variable rate
mortgage or the Canadian rollover mortgage.
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Adjustment interval
|
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On an adjustable rate mortgage,
the time between changes in the interest rate and/or monthly payment,
typically one, three or five years, depending on the index.
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Amortization
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Means loan payment by equal
periodic payment calculated to pay off the debt at the end of a fixed
period, including accrued interest on the outstanding balance.
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Annual percentage
rate (A.P.R.)
|
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Is a interest rate
reflecting the cost of a mortgage as a yearly rate. This rate is likely to
be higher than the stated note rate or advertised rate on the mortgage,
because it takes into account point and other credit cost. The APR allows
home buyers to compare different types of mortgages based on the annual
cost for each loan. (ARTICLE: APR for Notary Signing Agents)
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Appraisal
|
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An estimate of the
value of property, made by a qualified professional called an
"appraiser".
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Assessment
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A local tax levied
against a property for a specific purpose, such as a sewer or street
lights.
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Assumption
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The
agreement between buyer and seller where the buyer takes over the payments
on an existing mortgage from the seller. Assuming a loan can usually save
the buyer money since this is an existing mortgage debt, unlike a new
mortgage where closing cost and new, probably higher, market-rate interest
charges will apply.
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B
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Balloon
(Payment) Mortgage
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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.
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Blanket Mortgage
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A mortgage covering at
least two pieces of real estate as security for the same mortgage.
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Borrower (Mortgagor)
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One who applies for
and receives a loan in the form of a mortgage with the intention of
repaying the loan in full.
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Broker
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An individual in the business
of assisting in arranging funding or negotiating contracts for a client buy
who does not loan the money himself. Brokers usually charge a fee or
receive a commission for their services.
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Buy-down
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When the
lender and/or the home builder subsidized the mortgage by lowering the
interest rate during the first few years of the loan. While the payments
are initially low, they will increase when the subsidy expires.
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C
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Cash Flow
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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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Caps (Interest)
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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)
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Consumer safeguards
which limit the amount monthly payments on an adjustable rate mortgage may
change.
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Certificate
of Eligibility
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The document given to
qualified veterans which entitles them to VA guaranteed loans for homes,
business, and mobile homes. Certificates of eligibility may be obtained by
sending DD-214 (Separation Paper) to the local VA office with VA form 1880
(request for Certificate of Eligibility).
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Certificate of
Reasonable Value (CRV)
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An appraisal issued by
the Veterans Administration showing the property's current market value.
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Certificate
of Veteran Status
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The document given to
veterans or reservists who have served 90 days of continuous active duty (including
training time) It may be obtained by sending DD 214 to the local VA office
with form 26-8261a (request for certificate of veteran status). This
document enables veterans to obtain lower down payments on certain FHA
insured loans.
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Closing
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The meeting between
the buyer, seller and lender or their agents where the property and funds
legally change hands. Also called settlement. Closing costs usually include
an origination fee, discount points, appraisal fee, title search and insurance,
survey, taxes, deed recording fee, credit report charge and other costs
assessed at settlement. The cost of closing usually are about 3 percent to
6 percent of the mortgage amount.
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Commitment
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A promise by a lender
to make a loan on specific terms or conditions to a borrower or builder. A
promise by an investor to purchase mortgages from a lender with specific
terms or conditions. An agreement, often in writing, between a lender and a
borrower to loan money at a future date subject to the completion of paper
work or compliance with stated conditions.
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Construction Loan
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A short term interim
loan to pay for the construction of buildings or homes. These are usually designed
to provide periodic disbursements to the builder as he progresses.
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Contract Sale or Deed:
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A contract between
purchaser and a seller of real estate to convey title after certain conditions
have been met. It is a form of installment sale.
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Conventional Loan
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A
mortgage not insured by FHA or guaranteed by the VA.
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Credit Report
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A report
documenting the credit history and current status of a borrower's credit
standing.
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D
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Debt-to-Income
Ratio
|
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The ratio, expressed as
a percentage, which results when a borrower's monthly payment obligation on
long-term debts is divided by his or her gross monthly income. See housing expenses-to-income ratio.
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Deed
of Trust
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In
many states, this document is used in place of a mortgage to secure the
payment of a note.
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Default
|
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Failure to meet legal
obligations in a contract, specifically, failure to make the monthly
payments on a mortgage.
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Deferred Interest
|
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When a mortgage is
written with a monthly payment that is less than required to satisfy the
note rate, the unpaid interest is deferred by adding it to the loan
balance. See negative amortization.
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Delinquency
|
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Failure
to make payments on time. This can lead to foreclosure.
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Department of
Veterans Affairs (VA)
|
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An independent agency of
the federal government which guarantees long-term, low-or no-down payment
mortgages to eligible veterans.
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Discount Point
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See point.
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Down Payment
|
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Money paid to make up the
difference between the purchase price and the mortgage amount.
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Due-on-Sale-Clause
|
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A
provision in a mortgage or deed of trust that allows the lender to demand
immediate payment of the balance of the mortgage if the mortgage holder
sells the home.
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E
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Earnest
Money
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Money given by a buyer
to a seller as part of the purchase price to bind a transaction or assure
payment.
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Entitlement
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The VA home loan
benefit is called entitlement. Entitlement for a VA guaranteed home loan.
This is also known as eligibility.
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Equal Credit Opportunity Act (ECOA)
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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
|
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The difference between
the fair market value and current indebtedness, also referred to as the
owner's interest. The value an owner has in real estate over and above the
obligation against the property.
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Escrow
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An account
held by the lender into which the home buyer pays money for tax or
insurance payments. Also earnest deposits held pending loan closing.
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F
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Fannie
Mae
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See Federal National Mortgage Association.
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Farmers Home
Administration (FmHA)
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Provides financing to
farmers and other qualified borrowers who are unable to obtain loans
elsewhere.
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Federal Home Loan Bank Board (FHLBB)
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The former name for
the regulatory and supervisory agency for federally chartered savings
institutions. Agency is now called the Office
of Thrift Supervision.
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Federal Home Loan Mortgage Corporation (FHLMC) (aka "Freddie Mac")
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A
quasi-governmental agency that purchases conventional mortgage from insured
depository institutions and HUD-approved mortgage bankers.
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Federal Housing Administration (FHA)
|
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A division of the
Department of Housing and Urban Development. Its main activity is the
insuring of residential mortgage loans made by private lenders. FHA also
sets standards for underwriting mortgages.
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Federal
National Mortgage Association (FNMA) (aka
"Fannie Mae")
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A tax-paying
corporation created by Congress that purchases and sells conventional
residential mortgages as well as those insured by FHA or guaranteed by VA. This
institution, which provides funds for one in seven mortgages, makes
mortgage money more available and more affordable.
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FHA Loan
|
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A loan insured by the
Federal Housing Administration open to all qualified home purchasers. While
there are limits to the size of FHA loans ($155,250 as of 1/1/96), they are
generous enough to handle moderately-priced homes almost anywhere in the
country.
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FHA
Mortgage Insurance
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Requires a fee (up to 2.25
percent of the loan amount) paid at closing to insure the loan with FHA. In
addition, FHA mortgage insurance requires an annual fee of up to 0.5
percent of the current loan amount, paid in monthly installments. The lower
the down payment, the more years the fee must be paid.
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FHLMC
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The
Federal Home Loan Mortgage Corporation provides a secondary market for
savings and loans by purchasing their conventional loans. Also known as
"Freddie Mac."
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Firm Commitment
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A promise by FHA to
insure a mortgage loan for a specified property and borrower. A promise
from a lender to make a mortgage loan.
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Fixed
Rate Mortgage
|
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The
mortgage interest rate will remain the same on these mortgages throughout
the term of the mortgage for the original borrower.
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FNMA
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The
Federal National Mortgage Association is a secondary mortgage institution
which is the largest single holder of home mortgages in the United States.
FNMA buys VA, FHA, and conventional mortgages from primary lenders. Also
known as "Fannie Mae."
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Foreclosure
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A
legal process by which the lender or the seller forces a sale of a mortgaged
property because the borrower has not met the terms of the mortgage. Also
known as a repossession of property.
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Freddie
Mac
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See
Federal Home Loan Mortgage Corporation.
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G
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Graduated Payment
Mortgage (GPM)
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A type of
flexible-payment mortgage where the payments increase for a specified
period of time and then level off. This type of mortgage has negative
amortization built into it.
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Guaranty
|
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A
promise by one party to pay a debt or perform an obligation contracted by
another if the original party fails to pay or perform according to a
contract.
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H
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Hazard
Insurance
|
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A form of insurance in
which the insurance company protects the insured from specified losses,
such as fire, windstorm and the like.
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Housing
Expenses-to-Income Ratio
|
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The
ratio, expressed as a percentage, which results when a borrower's housing
expenses are divided by his/her gross monthly income. See debt-to-income
ratio.
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I
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Top
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Impound
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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.
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Index
|
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A published interest
rate against which lenders measure the difference between the current
interest rate on an adjustable rate mortgage and that earned by other
investments (such as one- three-, and five-year U.S. Treasury security
yields, the monthly average interest rate on loans closed by savings and
loan institutions, and the monthly average costs-of-funds incurred by
savings and loans), which is then used to adjust the interest rate on an
adjustable mortgage up or down.
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Interim
Financing
|
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A construction loan
made during completion of a building or a project. A permanent loan usually
replaces this loan after completion.
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Investor
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A
money source for a lender.
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J
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Jumbo
Loan
|
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A loan
which is larger (more than $214,600 as of 1/1/97) than the limits set by
the Federal National Mortgage Association and the Federal Home
Loan Mortgage Corporation. Because jumbo loans cannot be funded by
these two agencies, they usually carry a higher interest rate.
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L
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Lien
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A claim upon a piece
of property for the payment or satisfaction of a debt or obligation.
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Loan-to-Value
Ratio
|
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The
relationship between the amount of the mortgage loan and the appraised
value of the property expressed as a percentage.
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M
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Top
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Margin
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The amount a lender
adds to the index on an adjustable rate mortgage to establish the adjusted
interest rate.
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Market Value
|
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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.
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MIP (Mortgage
Insurance Premium)
|
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It is insurance from FHA to the lender against incurring a loss on account
of the borrower's default.
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Mortgage Insurance
|
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Money
paid to insure the mortgage when the down payment is less than 20 percent. See
private mortgage insurance, FHA mortgage insurance.
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Mortgagee
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The
lender.
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Mortgagor
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The
borrower or homeowner.
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N
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Negative Amortization
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Occurs when your
monthly payments are not large enough to pay all the interest due on the
loan. This unpaid interest is added to the unpaid balance of the loan. The
danger of negative amortization is that the home buyer ends up owing more
than the original amount of the loan.
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Net Effective Income
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The borrower's gross
income minus federal income tax.
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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. Note: The signed
obligation to pay a debt, as a mortgage note.
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O
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Top
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Office of Thrift
Supervision (OTS)
|
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The regulatory and supervisory
agency for federally chartered savings institutions. Formally known as Federal Home Loan Bank Board.
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Origination
Fee
|
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The
fee charged by a lender to prepare loan documents, make credit checks, inspect
and sometimes appraise a property; usually computed as a percentage of the
face value of the loan.
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P
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Top
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Permanent
Loan
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A long
term mortgage, usually ten years or more. Also called an "end
loan."
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PITI
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Principal,
Interest, Taxes and Insurance. Also called monthly housing expense.
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Pledged
Account Mortgage (PAM)
|
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Money is placed in a
pledged savings account and this fund plus earned interest is gradually used
to reduce mortgage payments.
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Point
(Loan Discount Point)
|
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Prepaid interest
assessed at closing by the lender. Each point is equal to 1 percent of the
loan amount (e.g., two points on a $100,000 mortgage would cost $2,000).
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Power
of Attorney
|
|
A legal document
authorizing one person to act on behalf of another.
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Prepaid
Expenses
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Necessary to create an
escrow account or to adjust the seller's existing escrow account. Can include
taxes, hazard insurance, private mortgage insurance and special
assessments.
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Prepayment
|
|
A privilege in a
mortgage permitting the borrower to make payments in advance of their due
date.
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Prepayment
Penalty
|
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Money charged for an
early repayment of debt. Prepayment penalties are allowed in some form (but
not necessarily imposed) in many states.
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Primary Mortgage
Market
|
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Lenders making mortgage
loans directly to borrower's such as savings and loan associations,
commercial banks, and mortgage companies. These lenders sometimes sell
their mortgages into the secondary mortgage markets such as to FNMA or GNMA, etc.
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Principal
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The
amount of debt, not counting interest, left 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 5 percent in some cases. With the smaller down
payment loans, however, borrowers are usually required to carry private
mortgage insurance. Private mortgage insurance will usually require an
initial premium payment and may require an additional monthly fee depending
on you loan's structure.
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R
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Realtor
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A real estate broker
or an associate holding active membership in a local real estate board affiliated
with the National Association of Realtors.
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Recision
|
|
The cancellation of a
contract. With respect to mortgage refinancing, the law that gives the
homeowner three days to cancel a contract in some cases once it is signed if
the transaction uses equity in the home as security.
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Recording Fees
|
|
Money
paid to the lender for recording a home sale with the local authorities,
thereby making it part of the public records.
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Refinance
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Obtaining
a new mortgage loan on a property already owned. Often to replace existing
loans on the property.
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Renegotiable Rate
Mortgage
|
|
A loan
in which the interest rate is adjusted periodically. See adjustable rate mortgage.
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RESPA
|
|
Short for the Real
Estate Settlement Procedures Act. RESPA is a federal law that allows
consumers to review information on known or estimated settlement cost once after
application and once prior to or at a settlement. The law requires lenders
to furnish the information after application only.
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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 Satisfaction of Mortgage: The
document issued by the mortgagee when the mortgage loan is paid in full.
Also called a "release of mortgage."
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S
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Top
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Second
Mortgage
|
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A
mortgage made subsequent to another mortgage and subordinate to the first
one.
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Secondary Mortgage
Market
|
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The
place where primary mortgage lenders sell the mortgages they make to obtain
more funds to originate more new loans. It provides liquidity for the
lenders.
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Servicing
|
|
All
the steps and operations a lender performs to keep a loan in good standing,
such as collection of payments, payment of taxes, insurance, property
inspections and the like.
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Settlement/Settlement
Costs
|
|
See closing.
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Shared Appreciation
Mortgage (SAM)
|
|
A mortgage in which a
borrower receives a below-market interest rate in return for which the
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 mortgage where the borrowers shares the monthly principal
and interest payments with another party in exchange for part of the
appreciation.
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Simple Interest
|
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Interest
which is computed only on the principle balance.
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Survey
|
|
A
measurement of land, prepared by a registered land surveyor, showing the
location of the land with reference to know points, its dimensions, and the
location and dimensions of any buildings.
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Sweat
Equity
|
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Equity created by a purchaser performing work on
a property being purchased.
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T
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Title
|
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A document that gives
evidence of an individual's ownership of property.
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Title
Insurance
|
|
A policy, usually
issued by a title insurance company, which insures a home buyer against
errors in the title search. The cost of the policy is usually a function of
the value of the property, and is often borne by the purchaser and/or
seller. Policies are also available to protect the lender's interests.
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Title
Search
|
|
An examination of
municipal records to determine the legal ownership of property. Usually is
performed by a title company.
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Truth-In-Lending
|
|
A federal law requiring
disclosure of the Annual Percentage Rate to home buyers shortly after they
apply for the loan. Also known as Regulation Z.
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Two-Step Mortgage
|
|
A
mortgage in which the borrower receives a below-market interest rate for a
specified number of years (most often seven or 10), and then receives a new
interest rate adjusted (within certain limits) to market conditions at that
time. The lender sometimes has the option to call the loan due with 30 days
notice at the end of seven or 10 years. Also called "Super Seven"
or "Premier" mortgage.
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U
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Underwriting
|
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The decision whether
to make a loan to a potential home buyer based on credit, employment, assets,
and other factors and the matching of this risk to an appropriate rate and
term or loan amount.
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Usury
|
|
Interest
charged in excess of the legal rate established by law.
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V
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Top
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VA
Loan
|
|
A long-term, low-or
no-down payment loan guaranteed by the Department of Veterans Affairs.
Restricted to individuals qualified by military service or other
entitlements.
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|
VA Mortgage Funding
Fee
|
|
A premium of up to 1-7/8
percent (depending on the size of the down payment) paid on a VA-backed
loan. On a $75,000 fixed-rate mortgage with no down payment, this would
amount to $1,406 either paid at closing or added to the amount financed.
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Variable Rate Mortgage
(VRM)
|
|
See adjustable rate mortgage.
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Verification of
Deposit (VOD)
|
|
A document signed by
the borrower's financial institution verifying the status and balance of his/her
financial accounts.
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Verification of
Employment (VOE)
|
|
A
document signed by the borrower's employer verifying his/her position and
salary.
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W
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Top
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Warehouse
Fee
|
|
Many mortgage firms
must borrow funds on a short term basis in order to originate loans which
are to be sold later in the secondary mortgage market (or to investors).
When the prime rate of interest is higher on short term loans than on
mortgage loans, the mortgage firm has an economic loss which is offset by
charging a warehouse fee.
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Wraparound
Mortgage
|
|
Results when an
existing assumable loan is combined with a new loan, resulting in an interest
rate somewhere between the old rate and the current market rate. The
payments are made to a second lender or the previous homeowner, who then
forwards the payments to the first lender after taking the additional
amount off the top.
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|
Provided by Brenda Stone, Notary Public – Brazos County, Texas
Texas-Signing-Agent.com
& www.TexNotary.com
|