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Mortgage Terms & Definitions

 
Alphabetic Link: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
 

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Above Average
Refers to a superior overall appearance and marketability of the property as it relates to other comparable properties in the market of submarket; factors include actual and effective age, structural and aesthetic appeal, physical condition, functional utility, etc.
 
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 insurance title.

Acceleration Clause
A provision in a mortgage that gives the lender the right to demand payment of the entire outstanding balance if a monthly payment is missed.

Accrued Depreciation
The difference between the cost of replacement of a building new, as of the date of the appraisal, and the present appraised value.  Depreciation that has accumulated over a period of time.

Acre
A measure of land equal to 43,560 square feet, 4,840 square yards or 160 square rods. A square parcel of land measuring 208.71 feet on each side contains one acre. There are 640 acres in a "section" of land.
 
Action to Quiet Title
A court action to establish ownership of real property. Although technically not an action to remove a cloud on title, the two actions are usually referred to as "Quiet Title" actions.
 
Actual Rent
Rent as specified in a rental or lease agreement, as opposed to actual market or economic rent. (See Market Rent).
 
Adequate - Ease of Ingress/Egress
Refers to a good degree of capacity to enter and exit a property.

Adjustable Rate Mortgage (ARM)
A mortgage with and interest rate that fluctuates according to the movements of a predetermined index. There are several types of ARM's, some change quicker than others, but all have a ceiling cap.

Adjusted Cost Basis
The income tax cost basis of property with certain additions, such as the cost of improvements, and cost certain subtractions, such as depreciation in value.

Affiliate
A group that is closely connected with a larger group, or a person who joins with others to form a group.  To associate as a member.

Alternative Financing
Mortgage options available below market rate including ARM's, buy down's and graduated payment mortgages (GPM's).

Amortization
The gradual repayment of a mortgage by installments.

Amortization Schedule
A timetable for payment of a mortgage showing the amount of each payment applied to interest and principal and the remaining balance of the loan.

Annual Percentage Rate (APR)
The total cost of your mortgage loan expressed as an annual interest rate. This includes the base interest rate, mortgage insurance, origination fees, and some other related fees.

Annuity
A series of equal or nearly equal payments to be made over a period of time.  The installment payments due to a landlord under a lease or installment payments due to lender are examples of an annuity.

Appraisal
An opinion by a licensed real estate appraiser regarding the fair market value of a property.

Appreciation
Difference between the increased value of a property and the original cost of the property.

Assumable Loan
Usually for a small assumption fee, a new buyer can take over or assume the loan of the previous homeowner, saving closing cost and loan origination fees. Some are non-qualifying most are through qualification.


 

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Balloon Payment
A loan with monthly payments insufficient to pay off the balance in the specified term; the balance must be paid in full when the loan comes due.

Broker (Mortgage)
An individual or company that for a fee acts as an intermediary between borrowers and lenders.

Broker (Real Estate)
A person who has a real estate broker's license, who may not only make real estate transactions for others in exchange for a fee, but also may operate a real estate business and employ salespersons and other brokers.


 
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Cap
A provision of an ARM limiting how much the interest rate or mortgage payments may increase or decrease.

Capitalization Rate
The cap rate is the rate of return on net operating income considered acceptable for an investor and used to determine the capitalized value.  This rate should provide a return on, as well as a return of, capital; also know as "Cap Rate."  

Cash Reserve
A requirement of some lenders that buyers have sufficient cash remaining after closing to make the first two monthly mortgage payments.

Central Business District (CBD)
Property characterized by its location in a Central Business District; the downtown section of a city, generally consisting of retail, office, hotel, entertainment, and government land uses with some high-density housing.

Class A
A property classification for properties that are above average in terms of design, construction and finish; command the highest rental rates; have a superior location, in terms of desirability and/or accessibility; generally are professionally managed by national or large regional management companies.

Class B
A property classification for properties that frequently do not possess design and finish reflective of current standards and preferences; construction is adequate; command average rental rates; generally are well maintained by national or regional management companies; generally are professionally managed by national or large regional management companies.

Class C
A property classification for properties that provide adequate functionality, exhibit some level of deferred maintenance; command below average rental rates; usually located in less desirable areas; generally managed by smaller, local property management companies; tenants provide a less stable income stream to property owners than Class A and Class B tenants.

Clear Marketable Title
A title that is free of liens or legal questions as to ownership of property.

Closing
The meeting at which a sale of a property is finalized by the buyer signing the mortgage documents and paying closing cost. Also known as "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."

Community Home Buyer's Program
An alternative financing option that allows households of modest means to qualify for mortgages using nontraditional credit histories, 33 percent housing-to-income and 38 percent debt-to-income ratios, and the waiver of the usual two payments cash reserves at closing.

Condominium - A form of property ownership in which the homeowner holds title to an individual dwelling unity plus an interest in common areas of a multi-unit project, and sometimes the exclusive use of certain limited common areas.

Conduit
The financial intermediary that sponsors the conduit between the lender(s) originating loans and the ultimate investor.  The conduit makes or purchases loans from third party correspondents under standardized terms, underwriting and documents and then, when sufficient volume has been obtained, pools the loans for sale to investors in the CMBS market.

Contingency
A condition that must be met before a contract is legally binding.

Conventional Mortgage
Any mortgage that is not insured or guaranteed by the federal government.

Convertible ARM
An adjustable-rate-mortgage that can be converted to a fixed-rate mortgage under specified conditions.

Cooperative
A type of multiple ownership in which the residents of a multi-unit
housing complex own shares in the corporation that owns the property, giving each
resident the right to occupy a specific apartment or unit.

Covenant
A clause in a mortgage that obligates or restricts the borrower and that, if violated, can result in foreclosure.

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 credit worthiness.


 

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Debt-to-Income Ratio
Formula used to qualify borrowers. The ratio expresses, as a percent, the amount of monthly debt payments in relation to the amount of monthly income of a borrower(s).

Deed
The legal document conveying title to a property.

Deed of Trust
The document used in some states instead of a mortgage; title is conveyed to a trustee rather than to the borrower.

Default
The failure to make a mortgage payment on a timely basis or to otherwise comply with other requirements of a mortgage.

Delinquency
A loan in which a payment is overdue but not yet in default.

Depreciation
A decline in the value of a property; the opposite of "appreciation."

Disclosure
Document which describes all conditions of mortgage loan including terms and interest rates.

Discount Points
A one time charge by the lender to increase the yield of the loan. A point is one percent of the amount of the mortgage.

Down Payment
The part of the purchase price which the buyer pays in cash and does not finance with a mortgage.

Due-on-Sale Clause
A provision in a mortgage allowing the lender to demand repayment in full if the borrower sells the property securing the mortgage.


 
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Earnest Money
A deposit made by the potential home buyer to show that he or she is serious about buying the house.

Equal Credit Opportunity Act (ECOA)
A federal law that prohibits lenders from denying mortgages on the basis of the borrower's race, color, religion, national origin, age, sex, marital status, or receipt of income from public assistance programs.

Equity
A homeowner's financial interest in a property. Equity is the difference between the fair market value of a property and the amount still owed on the mortgage.

Equity Loan
A loan based on the borrower's equity in his or her home.

Escrow
The holding of documents and money by a neutral third party prior to closing; also, an account held by the lender (or servicer) into which a homeowner pays money for taxes and insurance.

Exclusive Agency Listing
A listing contract in which the agent has the sole right to sell the home, though the sellers are not bound to pay the commission if they produce the buyer.

Exclusive Right-to-Sell Contract
A listing contract in which the seller gives the real estate broker the sole right to sell; the person receives a commission, regardless of who produces the buyer.


 
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Fair Credit Reporting Act
A consumer protection law that regulates the disclosure of consumer/credit reports by consumer/credit reporting agencies and establishes procedures for correcting mistakes on one's credit record.

FHA Mortgage
A mortgage that is insured by the Federal Housing Administration. Also referred to as a "government" mortgage.

FICO
The most common credit scoring model used by lenders.  FICO scores can range from 350 to 900.  According to this model, the higher the score, the less likely the borrower is to default on a loan.  Also known as a Fair Isaac score.

First Mortgage
A mortgage that has first claim in the event of default.

Fixed Rate Mortgage
A mortgage in which the interest rate does not change during the entire term of the loan.

Flood Insurance
Insurance that compensates for physical property damages resulting from flooding. It is required for properties located in federally designated flood areas.

Forbearance
The lender's postponement of foreclosure to give the borrower time to catch up on overdue payments.

Foreclosure
The legal process by which a mortgaged property may be sold when a mortgage is in default.

 

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Graduated Payment Mortgage (GPM)
A mortgage that starts with low monthly payments that increase at a predetermined rate. The initial monthly payments are set at an amount lower than that required for full amortization of the debt.

Grantee
The person to whom an interest in real property is conveyed.

Grantor
The person conveying an interest in real property.

 

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Hazard Insurance
Insurance coverage that compensates for physical damage to a property from fire, wind, vandalism, or other hazards.

Homeowner's Insurance
An insurance policy that combines personal liability coverage and hazard insurance coverage for a dwelling and its contents.

Homeowner's Warranty (HOW)
A type of insurance that covers repairs to specified parts of a house for a specific period of time. It is provided by the builder or property seller as a condition of the sale.


 
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Impound
The portion of a borrower's monthly payments held by the lender to pay taxes, hazard insurance and mortgage insurance.

Index
The interest rate to which changes in an adjustable-rate-mortgage are pegged.

Interest Rate
The fee charged for borrowing money.


 
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Judicial Foreclosure
A court procedure used by lenders to secure clear title to a property under a defaulted real estate loan.

Jumbo Loan
A loan which is larger (more than $322,700) 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.

Junior Debt
A mortgage that is subordinate to the claims of a prior lien or mortgage; a second mortgage.

 
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[ L ] top  --  Alphabetic Link: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z


Late Charge
The penalty a borrower must pay when a payment is made after the due date.

Lien
A legal claim against a property that must be paid off when the property is sold.

Lifetime Cap
A provision of an ARM that limits the highest rate that can occur over the life of the loan.

Listing Contract
A contract with a broker or firm the sellers hire to represent them in the sale of their home, according to the terms of sale that they specify. In exchange for producing a ready-willing-and-able buyer, the agent is paid a commission.

Loan Application Fee
A lender's fee, usually ranging from $75 to $300, which the buyer must pay when applying for a mortgage.

Loan Commitment
A formal offer by a lender stating the terms under which it agrees to lend money to a home buyer.

Loan Origination Fee
A fee charged by the lender for processing a mortgage.

Loan Servicing
The collection of mortgage payments from borrowers and related responsibilities of a loan servicer.

Loan-to-Value Ratio (LTV)
The relationship between the unpaid principal balance of the mortgage and the appraised value (or sales price if it is lower) of the property.

Lock-In
A written agreement guaranteeing the home buyer a specified interest rate provided the loan is closed within a set period of time. The lock-in also usually specifies the number of points to be paid at closing.


 

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Margin
The set percentage the lender adds to the index rate to determine the current interest rate of an ARM.

Market Rate
The average rate charged by lenders for conventional, fixed-rate loans.
 
Market Rent
The amount for which the competitive rental market indicates property should rent. Also referred to as "economic rent." Generally, contract lease rates are "marked to market" if contract rent is greater than or less than market rent.

Mortgage Banker
A company that originates mortgages exclusively for resale in the secondary market.

Mortgage Broker
An individual or company that for a fee acts as an intermediary between borrowers and lenders.

Mortgage Insurance
(Also known as Private Mortgage Insurance (PMI)) Insurance provided by nongovernmental insurers that protects lenders against loss if a borrower defaults. Fannie Mae generally requires private mortgage insurance for loans with loan-to-value (LTV) ratios greater than 80 percent.

Mortgage Insurance Premium (MIP)
The fee paid by a borrower to FHA or a private insurer for mortgage insurance.

Mortgage Note
A legal document obligating a borrower to repay a loan at a stated interest rate during a specified period of time; the mortgage note is secured by a mortgage.

Mortgagee
The lender in a mortgage agreement.

Mortgagor
The borrower in a mortgage agreement.

Multiple Listing Service (MLS)
A networking system, frequently on computer, in which a number of real estate firms share information about their client's homes that are for sale.


 

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Negative Amortization
A gradual increase in the mortgage debt that occurs when the monthly payment is not large enough to cover the entire principal and interest due. The amount of the shortfall is added to the unpaid principal balance to create "negative" amortization.

Net Operating Income
Gross annual income less vacancies, uncollectible rents, and other operating expenses.

Net Spendable Income
Net Operating Income less loan payments and income taxes on the property's taxable income.

Nominal Interest Rate
The interest rate that appears on the real estate promissory note.  Note the "effective rate."  Also called the "Note Rate."

Non-institutional  Lender
Lender on real estate loans other than banks, insurance companies and saving and loan associations.

Non-recurring Closing Costs
Costs that are one-time charges paid at the close of escrow.

Note
A signed instrument acknowledging a debt and a promise to repay per the item outlined.

Notice of Default
A formal written notice to a borrower that a default has occurred and that legal action may be taken.

 

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Offer to Purchase and Acceptance
An offer of purchase that has been signed by both buyer and seller. A firm contract that outlines all details of the property transaction. Also known as a contract of sale or sales contract.

Offer to Purchase or Purchase Offer
A document that list the price, conditions, and terms under which the buyer is willing to purchase a property. Also known as an earnest money agreement, contract of purchase or deposit receipt.

Open Listing
A listing contract in which sellers hire more than one firm or person to sell their home, and only the one who produces the buyer is entitled to the commission.

Origination Fee
A fee paid to a lender for processing a loan application; it is stated as a percentage of the mortgage amount.


 
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Payment Cap
A provision of some ARM's limiting the amount by which a borrower's payments may increase regardless of any interest rate increase; may result in negative amortization.

PITI
Acronym for principal, interest, taxes, and insurance
the components of a monthly mortgage payment.

Points
A one time charge by the lender to increase the yield of the loan; a point is 1 percent of the amount of the mortgage.

Portfolio Lender
A company that underwrites mortgage loans and keeps them on the books instead of selling them on the secondary market.

Pre-approval
The process of determining that a borrower is credit approved up to a predetermined amount. The borrower is credit approved pending the locating of a home that meets the predetermined loan criteria.

Prepayment Penalty
A fee that may be charged to a borrower who pays off a loan before it is due.

Prequalification
The process of determining how much money a prospective home buyer will be eligible to borrow before a loan is applied for.

Principal
The amount borrowed or remaining unpaid; also, that part of the monthly payment that reduces the outstanding balance of a mortgage.

Private Mortgage Insurance (PMI)
Insurance provided by nongovernmental insurers that protects lenders against loss if a borrower defaults. Fannie Mae generally requires private mortgage insurance for loans with loan-to-value (LTV) percentages greater than 80 percent.

Purchase and Sale Agreement
A written contract signed by the buyer and seller stating the terms and conditions under which a property will be sold.


 

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Qualifying Ratios
Guidelines applied by the lenders to determine how large a loan to grant a home buyer.


 
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Radon
A radioactive gas found in some homes that in sufficient concentrations can cause health problems.

Rate Lock
A written agreement guaranteeing the home buyer a specified interest rate provided the loan is closed within a set period of time. The lock-in also usually specifies the number of points to be paid at closing. Also known as Lock-in.

Real Estate Agent
A person licensed to negotiate and transact the sale of real estate on behalf of the property owner.

Real Estate Settlement Procedures Act (RESPA)
A consumer protection law that requires lenders to give borrowers advance notice of closing costs.

Realtor
A collective membership mark that may be used only by real estate professionals who are members of the National Association of Realtors and subscribe to its strict code of ethics.

Recourse
The right of the holder of a note secured by a real estate loan to look personally to the borrower or endorser for payment, not just to the property.  In the secondary mortgage market, the forced repurchase of a defaulted loan or note by the seller.

Recurring Closing Costs
Prepaid repeating expenses paid by the borrower at close of escrow, such as tax reserves, hazard insurance, and prepaid interest.

Refinancing
The process of paying off one loan with the proceeds from a new loan using the same property as security.

Reverse Mortgage
Also called HECM (Home Equity Conversion Mortgage), these loans permit senior citizens age 62 and above to convert the equity in their homes to income. The lender makes monthly cash payments to the homeowner, and repayment is deferred for a set period or until the homeowner dies and the house is sold.


 

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Second Mortgage
A mortgage that has a lien position subordinate to the first mortgage.

Secondary Market
The buying and selling of existing mortgages.

Seller Take-Back
An agreement in which the owner of a property provides financing, often in combination with an assumed mortgage.

Settlement
The meeting at which a sale of a property is finalized by the buyer signing the mortgage documents and paying closing cost. Also known as "Closing."

Settlement Sheet -The computation of costs payable at closing that determines the seller's net proceeds and the buyer's net payment.

Subprime Borrower
A borrower with a less-than-perfect credit report due to late payments or a default on debt payments. Lenders often grade them based on the severity of past credit problems, with categories ranging from "A-" on down to "D" or lower.

Subprime Mortgage
A mortgage granted to a borrower considered subprime, that is, a person with a less-than-perfect credit report. Subprime borrowers have either missed payments on a debt or have been late with payments. Lenders charge a higher interest rate to compensate for potential losses from customers who may run into trouble or default.


Survey
A drawing or map showing the precise legal boundaries of a property, the location of improvements, easements, rights of way, encroachments, and other physical features.

 

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Tenancy by Entirety
A type of joint ownership of property that provides right of survivorship and is available only to a husband and wife.

Tenancy in Common
A type of joint ownership in a property without right of survivorship.

Title
A legal document evidencing a person's right to or ownership of a property.

Title Company
A company that specializes in examining an insuring titles to real estate.

Title Insurance
Insurance to protect the lender (lender's policy) or the buyer (owner's policy) against loss arising from disputes over ownership of property.

Title Search
A check of the title records to ensure that the seller is the legal owner of the property and that there are no liens or other claims outstanding.

Treasury Securities
Treasury securities and T-Bills are common indexes for adjustable rate mortgages (ARMS).

Trustee
A fiduciary who holds or controls property for the benefits of another.

Truth-in-Lending (TIL)
A federal law that requires lenders to fully disclose, in writing, the terms and conditions of a mortgage including the "annual percentage rate (APR)" and other charges.

 

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Unanchored Retail
A retail property subtype in which the property is occupied by multiple tenants of which none are anchor tenants and the property is utilized for general retail purposes.  An anchor tenant is a well-known commercial retail business such as a national chain store or regional department store strategically placed a shopping center so as to generate the most amount of customers for all of the stores located in the shopping center.

Underwriting

The process of evaluating a loan application to determine the risk involved for the lender. It involves an analysis of the borrower's credit worthiness and the quality of the property itself.


 
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VA Loan
A loan that is guaranteed by the Department of Veterans Affairs. Also referred to as a "government" mortgage.

Variable Rate Mortgage
Adjustable Rate Mortgage.

Vendee
Receiver of a thing being vended (sold), or buyer.

Vendor
Owner of thing being sold; seller.

Vested
One has a right to use a portion of a fund, such as an individual's retirement fund.
 
 

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Warehouse Multi-Tenant
An Industrial property subtype in which the property is occupied by two or more tenants and the property is utilized for warehouse purposes.

Warehouse Single-Tenant
An Industrial property subtype in which the property is occupied by one tenant and the property is utilized for warehouse purposes.

Warehouse Tenant Type
Characterizes the tenant type based on usage of the leased area; Industrial usage generally includes most non-manufacturing uses, such as warehouse.

Wood General Building Exterior
Identifies the general property exterior to be constructed of wood (possibly with minimal brick or stone veneer).

 

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Year Constructed
The year(s) in which the collateral property received any significant renovations or capital expenditures.

Year Renovated
The year(s) in which the collateral property received any significant renovations or capital expenditures.
 
Yield
The interest earned by an investor on his investment (or bank on the money it has lent). Also called Return.
 
Yield Curve
A yield curve is a graph that shows the relationship between yields and maturity dates. Under normal circumstances, the longer it takes for a CD, bond or other investment to mature, the greater the yield, because people demand a greater return to tie up their money for a longer time. When the difference in rates between a short-term investment and a long-term one is reduced, the yield curve flattens. When economic forces cause a shorter maturity to produce a greater yield than a long maturity, the yield curve is said to be inverted.



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Zero Percent Financing
A loan with no interest in the contract. The IRS imputes 10 percent for both borrower and lender.

Zoning
The right of a community, under its police power, to dictate the use of property within its boundaries.
 
Zoning Ordinances
The acts of an authorized local government establishing building codes, and setting forth regulations for property land usage.
 
Zoning Variance
An exception allowed in a zoning ordinance, granted case-by-case by local government.
 

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Contact: Robert C. Cullen
2914 E. Katella Ave., #200
  Orange, CA 92867
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California Department of Real Estate License Number 01094885

LEMA Financial
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