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REAL
ESTATE AGENTS MISSION VIEJO, REALTOR, REAL
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MISSION VIEJO
REAL ESTATE
AGENTS
.com

Molly
Peterson
Real
Estate Broker
Regency Real Estate
25950 Acero, Ste. 100,
Mission Viejo, CA 92691
Phone:
(949)707-4329
EMAIL: Begin@MissionViejo
RealEstateAgents.com
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REAL
ESTATE AGENTS MISSION VIEJO, HOMES FOR SALE MISSION VIEJO,
REALTORS MISSION VIEJO, REAL ESTATE AGENTS LAGUNA NIGUEL,
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Molly Peterson is a Regency Real Estate Full service real
estate broker. Regency Real Estate Brokers Inc. is centrally
located in Mission Viejo. Molly Peterson has lived and
worked in South Orange County for over 20 years. She specializes
in guiding first time buyers down the road to home ownership
and works with those selling their homes as well. One
of our specialties is in first time home buyer program,
getting incredible financing deals and properties. Molly
Peterson puts her clients needs and wants first. "Going
the Extra Mile! "Irvine California Real Estate | Homes
in Woodbury, Woodbridge, Turtle Rock, Turtle Ridge, Shady
Canyon, Northwood, Northpark, Portola Springs, specializes
in representing buyers and sellers of Irvine, California
real estate, Selling or buying a home in Laguna Niguel.
We only specialize in Laguna Niguel property, Laguna Niguel
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How
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Helping people! Changing their lives and making a difference
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Loving them... Eric Brenn
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________________________________________________________________________________
Glossary of Real
Estate Terms
Browse
below or select a letter:
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
A
acceleration
clause
A clause in your mortgage which allows the lender
to demand payment of the outstanding loan balance
for various reasons. The most common reasons
for accelerating a loan are if the borrower
defaults on the loan or transfers title to another
individual without informing the lender.
adjustable-rate
mortgage (ARM)
A mortgage in which the interest changes periodically,
according to corresponding fluctuations in an
index. All ARMs are tied to indexes.
adjustment
date
The date the interest rate changes
on an adjustable-rate mortgage
amortization
The loan payment consists of a portion which
will be applied to pay the accruing interest
on a loan, with the remainder being applied
to the principal. Over time, the interest portion
decreases as the loan balance decreases, and
the amount applied to principal increases so
that the loan is paid off (amortized) in the
specified time.
amortization
schedule
A table which shows how much of each payment
will be applied toward principal and how much
toward interest over the life of the loan. It
also shows the gradual decrease of the loan
balance until it reaches zero.
annual
percentage rate (APR)
This is not the note rate on your loan. It is
a value created according to a government formula
intended to reflect the true annual cost of
borrowing, expressed as a percentage. It works
sort of like this, but not exactly, so only
use this as a guideline: deduct the closing
costs from your loan amount, then using your
actual loan payment, calculate what the interest
rate would be on this amount instead of your
actual loan amount. You will come up with a
number close to the APR. Because you are using
the same payment on a smaller amount, the APR
is always higher than the actual not rate on
your loan.
application
The form used to apply for a mortgage loan,
containing information about a borrower's income,
savings, assets, debts, and more.
appraisal
A written justification of the price paid for
a property, primarily based on an analysis of
comparable sales of similar homes nearby.
appraised
value
An opinion of a property's fair market value,
based on an appraiser's knowledge, experience,
and analysis of the property. Since an appraisal
is based primarily on comparable sales, and
the most recent sale is the one on the property
in question, the appraisal usually comes out
at the purchase price.
appraiser
An individual qualified by education, training,
and experience to estimate the value of real
property and personal property. Although some
appraisers work directly for mortgage lenders,
most are independent.
appreciation
The increase in the value of a property due
to changes in market conditions, inflation,
or other causes.
assessed
value
The valuation placed on property by a public
tax assessor for purposes of taxation.
assessment
The placing of a value on property for the purpose
of taxation.
assessor
A public official who establishes the value
of a property for taxation purposes.
asset
Items of value owned by an individual. Assets
that can be quickly converted into cash are
considered "liquid assets." These
include bank accounts, stocks, bonds, mutual
funds, and so on. Other assets include real
estate, personal property, and debts owed to
an individual by others.
assignment
When ownership of your mortgage is transferred
from one company or individual to another, it
is called an assignment.
assumable
mortgage
A mortgage that can be assumed by the buyer
when a home is sold. Usually, the borrower must
"qualify" in order to assume the loan.
assumption
The term applied when a buyer assumes
the seller's mortgage.
B
balloon
mortgage
A mortgage loan that requires the remaining
principal balance be paid at a specific point
in time. For example, a loan may be amortized
as if it would be paid over a thirty year period,
but requires that at the end of the tenth year
the entire remaining balance must be paid.
balloon
payment
The final lump sum payment that is due at the
termination of a balloon mortgage.
bankruptcy
By filing in federal bankruptcy court, an individual
or individuals can restructure or relieve themselves
of debts and liabilities. Bankruptcies are of
various types, but the most common for an individual
seem to be a "Chapter 7 No Asset"
bankruptcy which relieves the borrower of most
types of debts. A borrower cannot usually qualify
for an "A" paper loan for a period
of two years after the bankruptcy has been discharged
and requires the re-establishment of an ability
to repay debt.
bill
of sale
A written document that transfers title to personal
property. For example, when selling an automobile
to acquire funds which will be used as a source
of down payment or for closing costs, the lender
will usually require the bill of sale (in addition
to other items) to help document this source
of funds.
biweekly
mortgage
A mortgage in which you make payments every
two weeks instead of once a month. The basic
result is that instead of making twelve monthly
payments during the year, you make thirteen.
The extra payment reduces the principal, substantially
reducing the time it takes to pay off a thirty
year mortgage. Note:
there are independent companies that encourage
you to set up biweekly payment schedules with
them on your thirty year mortgage. They charge
a setup fee and a transfer fee for every payment.
Your funds are deposited into a trust account
from which your monthly payment is then made,
and the excess funds then remain in the trust
account until enough has accrued to make the
additional payment which will then be paid to
reduce your principle. You could save money
by doing the same thing yourself, plus you have
to have faith that once you transfer money to
them that they will actually transfer your funds
to your lender.
bond
market
Usually refers to the daily buying and selling
of thirty year treasury bonds. Lenders follow
this market intensely because as the yields
of bonds go up and down, fixed rate mortgages
do approximately the same thing. The same factors
that affect the Treasury Bond market also affect
mortgage rates at the same time. That is why
rates change daily, and in a volatile market
can and do change during the day as well.
bridge
loan
Not used much anymore, bridge loans are obtained
by those who have not yet sold their previous
property, but must close on a purchase property.
The bridge loan becomes the source of their
funds for the down payment. One reason for their
fall from favor is that there are more and more
second mortgage lenders now that will lend at
a high loan to value. In addition, sellers often
prefer to accept offers from buyers who have
already sold their property.
broker
Broker has several meanings in different situations.
Most Realtors are "agents" who work
under a "broker." Some agents are
brokers as well, either working form themselves
or under another broker. In the mortgage industry,
broker usually refers to a company or individual
that does not lend the money for the loans themselves,
but broker loans to larger lenders or investors.
(See the Home Loan Library that discusses the
different types of lenders). As a normal definition,
a broker is anyone who acts as an agent, bringing
two parties together for any type of transaction
and earns a fee for doing so.
buydown
Usually refers to a fixed rate mortgage where
the interest rate is "bought down"
for a temporary period, usually one to three
years. After that time and for the remainder
of the term, the borrower's payment is calculated
at the note rate. In order to buy down the initial
rate for the temporary payment, a lump sum is
paid and held in an account used to supplement
the borrower's monthly payment. These funds
usually come from the seller (or some other
source) as a financial incentive to induce someone
to buy their property. A "lender funded
buydown" is when the lender pays the initial
lump sum. They can accomplish this because the
note rate on the loan (after the buydown adjustments)
will be higher than the current market rate.
One reason for doing this is because the borrower
may get to "qualify" at the start
rate and can qualify for a higher loan amount.
Another reason is that a borrower may expect
his earnings to go up substantially in the near
future, but wants a lower payment right now.
C
call
option
Similar to the acceleration clause.
cap
Adjustable Rate Mortgages have fluctuating interest
rates, but those fluctuations are usually limited
to a certain amount. Those limitations may apply
to how much the loan may adjust over a six month
period, an annual period, and over the life
of the loan, and are referred to as "caps."
Some Arms, although they may have a life cap,
allow the interest rate to fluctuate freely,
but require a certain minimum payment which
can change once a year. There is a limit on
how much that payment can change each year,
and that limit is also referred to as a cap.
cash-out
refinance
When a borrower refinances his mortgage at a
higher amount than the current loan balance
with the intention of pulling out money for
personal use, it is referred to as a "cash
out refinance."
certificate
of deposit
A time deposit held in a bank which pays a certain
amount of interest to the depositor.
Certificate
of deposit index
One of the indexes used for determining interest
rate changes on some adjustable rate mortgages.
It is an average of what banks are paying on
certificates of deposit.
Certificate
of Eligibility
A document issued by the Veterans Administration
that certifies a veteran's eligibility for a
VA loan.
Certificate
of Reasonable Value (CRV)
Once the appraisal has been performed on a property
being bought with a VA loan, the Veterans Administration
issues a CRV.
chain
of title
An analysis of the transfers of title to a piece
of property over the years.
clear
title
A title that is free of liens or legal questions
as to ownership of the property.
closing
This has different meanings in different states.
In some states a real estate transaction is
not consider "closed" until the documents
record at the local recorders office. In others,
the "closing" is a meeting where all
of the documents are signed and money changes
hands.
Closing
costs
Closing costs are separated into what are called
"non-recurring closing costs" and
"prepaid items." Non-recurring closing
costs are any items which are paid just once
as a result of buying the property or obtaining
a loan. "Pre-paids" are items which
recur over time, such as property taxes and
homeowners insurance. A lender makes an attempt
to estimate the amount of non-recurring closing
costs and prepaid items on the Good Faith Estimate
which they must issue to the borrower within
three days of receiving a home loan application.
Closing
statement
See Settlement Statement.
cloud
on title
Any conditions revealed by a title search that
adversely affect the title to real estate. Usually
clouds on title cannot be removed except by
deed, release, or court action.
co-borrower
An additional individual who is both obligated
on the loan and is on title to the property.
collateral
In a home loan, the property is the collateral.
The borrower risks losing the property if the
loan is not repaid according to the terms of
the mortgage or deed of trust.
collection
When a borrower falls behind, the lender contacts
them in an effort to bring the loan current.
The loan goes to "collection." As
part of the collection effort, the lender must
mail and record certain documents in case they
are eventually required to foreclose on the
property.
commission
Most salespeople earn commissions for the work
that they do and there are many sales professionals
involved in each transaction, including Realtors,
loan officers, title representatives, attorneys,
escrow representative, and representatives for
pest companies, home warranty companies, home
inspection companies, insurance agents, and
more. The commissions are paid out of the charges
paid by the seller or buyer in the purchase
transaction. Realtors generally earn the largest
commissions, followed by lenders, then the others.
common
area assessments
In some areas they are called Homeowners Association
Fees. They are charges paid to the Homeowners
Association by the owners of the individual
units in a condominium or planned unit development
(PUD) and are generally used to maintain the
property and common areas.
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 some states.
In some states, especially the southwest, property
acquired by a married couple during their marriage
is considered to be owned jointly, except under
special circumstances. This is an outgrowth
of the Spanish and Mexican heritage of the area.
comparable
sales
Recent sales of similar properties in nearby
areas and used to help determine the market
value of a property. Also referred to as "comps."
condominium
A type of ownership in real property where all
of the owners own the property, common areas
and buildings together, with the exception of
the interior of the unit to which they have
title. Often mistakenly referred to as a type
of construction or development, it actually
refers to the type of ownership.
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. These are
often found in resort areas like Hawaii.
construction
loan
A short-term, interim loan for financing the
cost of construction. The lender makes payments
to the builder at periodic intervals as the
work progresses.
contingency
A condition that must be met before a contract
is legally binding. For example, home purchasers
often include a contingency that specifies that
the contract is not binding until the purchaser
obtains a satisfactory home inspection report
from a qualified home inspector.
contract
An oral or written agreement to do or not to
do a certain thing.
conventional
mortgage
Refers to home loans other than government loans
(VA and FHA).
convertible
ARM
An adjustable-rate mortgage that allows the
borrower to change the ARM to a fixed-rate mortgage
within a specific time.
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.
cost
of funds index (COFI)
One of the indexes that is used to determine
interest rate changes for certain adjustable-rate
mortgages. It represents the weighted-average
cost of savings, borrowings, and advances of
the financial institutions such as banks and
savings & loans, in the 11th District of
the Federal Home Loan Bank.
credit
An agreement in which a borrower receives something
of value in exchange for a promise to repay
the lender at a later date.
Credit
history
A record of an individual's repayment of debt.
Credit histories are reviewed my mortgage lenders
as one of the underwriting criteria in determining
credit risk.
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.
D
debt
An amount owed to another.
deed
The legal document conveying title to a property.
Deed-in-lieu
Short for "deed in lieu of foreclosure,"
this conveys title to the lender when the borrower
is in default and wants to avoid foreclosure.
The lender may or may not cease foreclosure
activities if a borrower asks to provide a deed-in-lieu.
Regardless of whether the lender accepts the
deed-in-lieu, the avoidance and non-repayment
of debt will most likely show on a credit history.
What a deed-in-lieu may prevent is having the
documents preparatory to a foreclosure being
recorded and become a matter of public record.
Deed
of trust
Some states, like California, do not record
mortgages. Instead, they record a deed of trust
which is essentially the same thing.
default
Failure to make the mortgage payment within
a specified period of time. For first mortgages
or first trust deeds, if a payment has still
not been made within 30 days of the due date,
the loan is considered to be in default.
delinquency
Failure to make mortgage payments when mortgage
payments are due. For most mortgages, payments
are due on the first day of the month. Even
though they may not charge a "late fee"
for a number of days, the payment is still considered
to be late and the loan delinquent. When a loan
payment is more than 30 days late, most lenders
report the late payment to one or more credit
bureaus.
deposit
A sum of money given in advance of a larger
amount being expected in the future. Often called
in real estate as an "earnest money deposit."
depreciation
A decline in the value of property; the opposite
of appreciation. Depreciation is also an accounting
term which shows the declining monetary value
of an asset and is used as an expense to reduce
taxable income. Since this is not a true expense
where money is actually paid, lenders will add
back depreciation expense for self-employed
borrowers and count it as income.
discount
points
In the mortgage industry, this term is usually
used in only in reference to government loans,
meaning FHA and VA loans. Discount points refer
to any "points" paid in addition to
the one percent loan origination fee. A "point"
is one percent of the loan amount.
down
payment
The part of the purchase price of a property
that the buyer pays in cash and does not finance
with a mortgage.
due-on-sale
provision
A provision in a mortgage that allows the lender
to demand repayment in full if the borrower
sells the property that serves as security for
the mortgage.
E
earnest
money deposit
A deposit made by the potential home buyer to
show that he or she is serious about buying
the house.
easement
A right of way giving persons other than the
owner access to or over a property.
effective
age
An appraiser's estimate of the physical condition
of a building. The actual age of a building
may be shorter or longer than its effective
age.
eminent
domain
The right of a government to take private property
for public use upon payment of its fair market
value. Eminent domain is the basis for condemnation
proceedings.
encroachment
An improvement that intrudes illegally on another's
property.
encumbrance
Anything that affects or limits the fee simple
title to a property, such as mortgages, leases,
easements, or restrictions.
Equal
Credit Opportunity Act (ECOA)
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.
equity
A homeowner's financial interest in a property.
Equity is the difference between the fair market
value of the property and the amount still owed
on its mortgage and other liens.
escrow
An item of value, money, or documents deposited
with a third party to be delivered upon the
fulfillment of a condition. For example, the
earnest money deposit is put into escrow until
delivered to the seller when the transaction
is closed.
Escrow
account
Once you close your purchase transaction, you
may have an escrow account or impound account
with your lender. This means the amount you
pay each month includes an amount above what
would be required if you were only paying your
principal and interest. The extra money is held
in your impound account (escrow account) for
the payment of items like property taxes and
homeowner's insurance when they come due. The
lender pays them with your money instead of
you paying them yourself.
Escrow
analysis
Once each year your lender will perform an "escrow
analysis" to make sure they are collecting
the correct amount of money for the anticipated
expenditures.
Escrow
disbursements
The use of escrow funds to pay real estate taxes,
hazard insurance, mortgage insurance, and other
property expenses as they become due.
estate
The ownership interest of an individual in real
property. The sum total of all the real property
and personal property owned by an individual
at time of death.
eviction
The lawful expulsion of an occupant from real
property.
examination
of title
The report on the title of a property from the
public records or an abstract of the title.
exclusive
listing
A written contract that gives a licensed real
estate agent the exclusive right to sell a property
for a specified time.
executor
A person named in a will to administer an estate.
The court will appoint an administrator if no
executor is named. "Executrix" is
the feminine form. (
F
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.
fair
market value
The highest price that a buyer, willing but
not compelled to buy, would pay, and the lowest
a seller, willing but not compelled to sell,
would accept.
Fannie
Mae (FNMA)
The Federal National Mortgage Association, which
is a congressionally chartered, shareholder-owned
company that is the nation's largest supplier
of home mortgage funds. For a discussion of
the roles of Fannie Mae, Freddie Mac (FHLMC),
and Ginnie Mae (GNMA), see the Library.
An income-based community lending model, under
which mortgage insurers and Fannie Mae offer
flexible underwriting guidelines to increase
a low- or moderate-income family's buying power
and to decrease the total amount of cash needed
to purchase a home. Borrowers who participate
in this model are required to attend pre-purchase
home-buyer education sessions.
Federal
Housing Administration (FHA)
An agency of the U.S. Department of Housing
and Urban Development (HUD). Its main activity
is the insuring of residential mortgage loans
made by private lenders. The FHA sets standards
for construction and underwriting but does not
lend money or plan or construct housing.
fee
simple
The greatest possible interest a person can
have in real estate.
Fee
simple estate
An unconditional, unlimited estate of inheritance
that represents the greatest estate and most
extensive interest in land that can be enjoyed.
It is of perpetual duration. When the real estate
is in a condominium project, the unit owner
is the exclusive owner only of the air space
within his or her portion of the building (the
unit) and is an owner in common with respect
to the land and other common portions of the
property.
FHA
mortgage
A mortgage that is insured by the Federal Housing
Administration (FHA). Along with VA loans, an
FHA loan will often be referred to as a government
loan.
firm
commitment
A lender's agreement to make a loan to a specific
borrower on a specific property.
first
mortgage
The mortgage that is in first place among any
loans recorded against a property. Usually refers
to the date in which loans are recorded, but
there are exceptions.
fixed-rate
mortgage
A mortgage in which the interest rate does not
change during the entire term of the loan.
fixture
Personal property that becomes real property
when attached in a permanent manner to real
estate.
flood
insurance
Insurance that compensates for physical property
damage resulting from flooding. It is required
for properties located in federally designated
flood areas.
foreclosure
The legal process by which a borrower in default
under a mortgage is deprived of his or her interest
in the mortgaged property. This usually involves
a forced sale of the property at public auction
with the proceeds of the sale being applied
to the mortgage debt.
401(k)/403(b)
An employer-sponsored investment plan that allows
individuals to set aside tax-deferred income
for retirement or emergency purposes. 401(k)
plans are provided by employers that are private
corporations. 403(b) plans are provided by employers
that are not for profit organizations.
401(k)/403(b)
loan
Some administrators of 401(k)/403(b) plans allow
for loans against the monies you have accumulated
in these plans. Loans against 401K plans are
an acceptable source of down payment for most
types of loans.
G
government
loan (mortgage)
A mortgage that is insured by the Federal Housing
Administration (FHA) or guaranteed by the Department
of Veterans Affairs (VA) or the Rural Housing
Service (RHS). Mortgages that are not government
loans are classified as conventional loans.
Government
National Mortgage Association (Ginnie Mae)
A government-owned corporation within the US
Department of Housing and Urban Development
(HUD). Created by Congress on September 1, 1968,
GNMA performs the same role as Fannie Mae and
Freddie Mac in providing funds to lenders for
making home loans. The difference is that Ginnie
Mae provides funds for government loans (FHA
and VA)
grantee
The person to whom an interest in real property
is conveyed.
grantor
The person conveying an interest in real property.
H
hazard
insurance
Insurance coverage that in the event of
physical damage to a property from fire, wind,
vandalism, or other hazards.
Home
Equity Conversion Mortgage (HECM)
Usually referred to as a reverse annuity
mortgage, what makes this type of mortgage unique
is that instead of making payments to a lender,
the lender makes payments to you. It enables
older home owners to convert the equity they
have in their homes into cash, usually in the
form of monthly payments. Unlike traditional
home equity loans, a borrower does not qualify
on the basis of income but on the value of his
or her home. In addition, the loan does not
have to be repaid until the borrower no longer
occupies the property.
home
equity line of credit
A mortgage loan, usually in second position,
that allows the borrower to obtain cash drawn
against the equity of his home, up to a predetermined
amount.
Home
inspection
A thorough inspection by a professional
that evaluates the structural and mechanical
condition of a property. A satisfactory home
inspection is often included as a contingency
by the purchaser.
homeowners'
association
A nonprofit association that manages the
common areas of a planned unit development (PUD)
or condominium project. In a condominium project,
it has no ownership interest in the common elements.
In a PUD project, it holds title to the common
elements.
homeowner's
insurance
An insurance policy that combines personal
liability insurance and hazard insurance coverage
for a dwelling and its contents.
Homeowner's
warranty
A type of insurance often purchased by homebuyers
that will cover repairs to certain items, such
as heating or air conditioning, should they
break down within the coverage period. The buyer
often requests the seller to pay for this coverage
as a condition of the sale, but either party
can pay.
HUD
median income
Median family income for a particular county
or metropolitan statistical area (MSA), as estimated
by the Department of Housing and Urban Development
(HUD).
HUD-1
settlement statement
A document that provides an itemized listing
of the funds that were paid at closing. Items
that appear on the statement include real estate
commissions, loan fees, points, and initial
escrow (impound) amounts. Each type of expense
goes on a specific numbered line on the sheet.
The totals at the bottom of the HUD-1 statement
define the seller's net proceeds and the buyer's
net payment at closing. It is called a HUD1
because the form is printed by the Department
of Housing and Urban Development (HUD). The
HUD1 statement is also known as the "closing
statement" or "settlement sheet."
J
joint
tenancy
A form of ownership or taking title to property
which means each party owns the whole property
and that ownership is not separate. In the event
of the death of one party, the survivor owns
the property in its entirety.
judgmentjudgment
A decision made by a court of law. In judgments
that require the repayment of a debt, the court
may place a lien against the debtor's real property
as collateral for the judgment's creditor. Alternative
spelling is "judgement."
judicial
foreclosurejudicial
foreclosure
A type of foreclosure proceeding used in
some states that is handled as a civil lawsuit
and conducted entirely under the auspices of
a court. Other states use non-judicial foreclosure.
jumbo
loan
A loan that exceeds Fannie Mae's and Freddie
Mac's loan limits, currently at $227,150. Also
called a nonconforming loan. Freddie Mac and
Fannie Mae loans are referred to as conforming
loans.
L
lease
A written agreement between the property
owner and a tenant that stipulates the payment
and conditions under which the tenant may possess
the real estate for a specified period of time.
leasehold
estate
A way of holding title to a property wherein
the mortgagor does not actually own the property
but rather has a recorded long-term lease on
it.
lease
option
An alternative financing option that allows
home buyers to lease a home with an option to
buy. Each month's rent payment may consist of
not only the rent, but an additional amount
which can be applied toward the down payment
on an already specified price.
legal
description
A property description, recognized by law,
that is sufficient to locate and identify the
property without oral testimony.
lender
A term which can refer to the institution
making the loan or to the individual representing
the firm. For example, loan officers are often
referred to as "lenders."
liabilities
A person's financial obligations. Liabilities
include long-term and short-term debt, as well
as any other amounts that are owed to others.
liability
insurance
Insurance coverage that offers protection
against claims alleging that a property owner's
negligence or inappropriate action resulted
in bodily injury or property damage to another
party. It is usually part of a homeowner's insurance
policy.
lien
A legal claim against a property that must
be paid off when the property is sold. A mortgage
or first trust deed is considered a lien.
life
cap
For an adjustable-rate mortgage (ARM), a
limit on the amount that the interest rate can
increase or decrease over the life of the mortgage.
line
of credit
An agreement by a commercial bank or other
financial institution to extend credit up to
a certain amount for a certain time to a specified
borrower.
liquid
asset
A cash asset or an asset that is easily
converted into cash.
loan
A sum of borrowed money (principal) that
is generally repaid with interest.
Loan
officer
Also referred to by a variety of other terms,
such as lender, loan representative, loan "rep,"
account executive, and others. The loan officer
serves several functions and has various responsibilities:
they solicit loans, they are the representative
of the lending institution, and they represent
the borrower to the lending institution.
Loan
origination
How a lender refers to the process of obtaining
new loans.
Loan
servicing
After you obtain a loan, the company you
make the payments to is "servicing"
your loan. They process payments, send statements,
manage the escrow/impound account, provide collection
efforts on delinquent loans, ensure that insurance
and property taxes are made on the property,
handle payoffs and assumptions, and provide
a variety of other services.
Loan-to-value
(LTV)
The percentage relationship between the
amount of the loan and the appraised value or
sales price (whichever is lower).
lock-in
An agreement in which the lender guarantees
a specified interest rate for a certain amount
of time at a certain cost.
lock-in
period
The time period during which the lender
has guaranteed an interest rate to a borrower.
M
margin
The difference between the interest rate
and the index on an adjustable rate mortgage.
The margin remains stable over the life of the
loan. It is the index which moves up and down.
maturity
The date on which the principal balance
of a loan, bond, or other financial instrument
becomes due and payable.
merged
credit report
A credit report which reports the raw data
pulled from two or more of the major credit
repositories. Contrast with a Residential Mortgage
Credit Report (RMCR) or a standard factual credit
report.
modification
Occasionally, a lender will agree to modify
the terms of your mortgage without requiring
you t refinance. If any changes are made, it
is called a modification.
mortgage
A legal document that pledges a property
to the lender as security for payment of a debt.
Instead of mortgages, some states use First
Trust Deeds.
Mortgage
banker
For a more complete discussion of mortgage
banker, see "Types of Lenders." A
mortgage banker is generally assumed to originate
and fund their own loans, which are then sold
on the secondary market, usually to Fannie Mae,
Freddie Mac, or Ginnie Mae. However, firms rather
loosely apply this term to themselves, whether
they are true mortgage bankers or simply mortgage
brokers or correspondents.
Mortgage
broker
A mortgage company that originates loans,
then places those loans with a variety of other
lending institutions with whom they usually
have pre-established relationships.
mortgagee
The lender in a mortgage agreement.
Mortgage
insurance (MI)
Insurance that covers the lender against
some of the losses incurred as a result of a
default on a home loan. Often mistakenly referred
to as PMI, which is actually the name of one
of the larger mortgage insurers. Mortgage insurance
is usually required in one form or another on
all loans that have a loan-to-value higher than
eighty percent. Mortgages above 80% LTV that
call themselves "No MI" are usually
a made at a higher interest rate. Instead of
the borrower paying the mortgage insurance premiums
directly, they pay a higher interest rate to
the lender, which then pays the mortgage insurance
themselves. Also, FHA loans and certain first-time
homebuyer programs require mortgage insurance
regardless of the loan-to-value.
Mortgage
insurance premium (MIP)
The amount paid by a mortgagor for mortgage
insurance, either to a government agency such
as the Federal Housing Administration (FHA)
or to a private mortgage insurance (MI) company.
Mortgage
life and disability insurance
A type of term life insurance often bought
by borrowers. The amount of coverage decreases
as the principal balance declines. Some policies
also cover the borrower in the event of disability.
In the event that the borrower dies while the
policy is in force, the debt is automatically
satisfied by insurance proceeds. In the case
of disability insurance, the insurance will
make the mortgage payment for a specified amount
of time during the disability. Be careful to
read the terms of coverage, however, because
often the coverage does not start immediately
upon the disability, but after a specified period,
sometime forty-five days.
mortgagor
The borrower in a mortgage agreement.
multidwelling
units
Properties that provide separate housing
units for more than one family, although they
secure only a single mortgage.
N
negative
amortization
Some adjustable rate mortgages allow the
interest rate to fluctuate independently of
a required minimum payment. If a borrower makes
the minimum payment it may not cover all of
the interest that would normally be due at the
current interest rate. In essence, the borrower
is deferring the interest payment, which is
why this is called "deferred interest."
The deferred interest is added to the balance
of the loan and the loan balance grows larger
instead of smaller, which is called negative
amortization.
no
cash-out refinance
A refinance transaction which is not intended
to put cash in the hand of the borrower. Instead,
the new balance is calculated to cover the balance
due on the current loan and any costs associated
with obtaining the new mortgage. Often referred
to as a "rate and term refinance."
No-cost
loan
Many lenders offer loans that you can obtain
at "no cost." You should inquire whether
this means there are no "lender" costs
associated with the loan, or if it also covers
the other costs you would normally have in a
purchase or refinance transactions, such as
title insurance, escrow fees, settlement fees,
appraisal, recording fees, notary fees, and
others. These are fees and costs which may be
associated with buying a home or obtaining a
loan, but not charged directly by the lender.
Keep in mind that, like a "no-point"
loan, the interest rate will be higher than
if you obtain a loan that has costs associated
with it.
note
A legal document that obligates a borrower
to repay a mortgage loan at a stated interest
rate during a specified period of time.
Note
rate
The interest rate stated on a mortgage note.
No-cost
loan
Almost all lenders offer loans at "no
points." You will find the interest rate
on a "no points" loan is approximately
a quarter percent higher than on a loan where
you pay one point.
notice
of default
A formal written notice to a borrower that
a default has occurred and that legal action
may be taken.
O
original
principal balance
The total amount of principal owed
on a mortgage before any payments are made.
origination
fee
On a government loan the loan origination
fee is one percent of the loan amount, but additional
points may be charged which are called "discount
points." One point equals one percent of
the loan amount. On a conventional loan, the
loan origination fee refers to the total number
of points a borrower pays.
owner
financing
A property purchase transaction
in which the property seller provides all or
part of the financing.
P
partial
payment
A payment that is not sufficient
to cover the scheduled monthly payment on a
mortgage loan. Normally, a lender will not accept
a partial payment, but in times of hardship
you can make this request of the loan servicing
collection department.
payment
change date
The date when a new monthly payment
amount takes effect on an adjustable-rate mortgage
(ARM) or a graduated-payment mortgage (GPM).
Generally, the payment change date occurs in
the month immediately after the interest rate
adjustment date.
periodic
payment cap
For an adjustable-rate mortgage
where the interest rate and the minimum payment
amount fluctuate independently of one another,
this is a limit on the amount that payments
can increase or decrease during any one adjustment
period.
Periodic
rate cap
For an adjustable-rate mortgage,
a limit on the amount that the interest rate
can increase or decrease during any one adjustment
period, regardless of how high or low the index
might be.
personal
property
Any property that is not real property.
PITI
This stands for principal, interest,
taxes and insurance. If you have an "impounded"
loan, then your monthly payment to the lender
includes all of these and probably includes
mortgage insurance as well. If you do not have
an impounded account, then the lender still
calculates this amount and uses it as part of
determining your debt-to-income ratio.
PITI
reserves
A cash amount that a borrower must
have on hand after making a down payment and
paying all closing costs for the purchase of
a home. The principal, interest, taxes, and
insurance (PITI) reserves must equal the amount
that the borrower would have to pay for PITI
for a predefined number of months.
planned
unit development (PUD)
A type of ownership where individuals
actually own the building or unit they live
in, but common areas are owned jointly with
the other members of the development or association.
Contrast with condominium, where an individual
actually owns the airspace of his unit, but
the buildings and common areas are owned jointly
with the others in the development or association.
point
A point is 1 percent of the amount
of the mortgage.
power
of attorney
A legal document that authorizes
another person to act on one's behalf. A power
of attorney can grant complete authority or
can be limited to certain acts and/or certain
periods of time.
pre-approval
A loosely used term which is generally
taken to mean that a borrower has completed
a loan application and provided debt, income,
and savings documentation which an underwriter
has reviewed and approved. A pre-approval is
usually done at a certain loan amount and making
assumptions about what the interest rate will
actually be at the time the loan is actually
made, as well as estimates for the amount that
will be paid for property taxes, insurance and
others. A pre-approval applies only to the borrower.
Once a property is chosen, it must also meet
the underwriting guidelines of the lender. Contrast
with pre-qualification.
prepayment
Any amount paid to reduce the principal
balance of a loan before the due date. Payment
in full on a mortgage that may result from a
sale of the property, the owner's decision to
pay off the loan in full, or a foreclosure.
In each case, prepayment means payment occurs
before the loan has been fully amortized.
Prepayment
penalty
A fee that may be charged to a
borrower who pays off a loan before it is due.
pre-qualification
This usually refers to the loan
officer's written opinion of the ability of
a borrower to qualify for a home loan, after
the loan officer has made inquiries about debt,
income, and savings. The information provided
to the loan officer may have been presented
verbally or in the form of documentation, and
the loan officer may or may not have reviewed
a credit report on the borrower.
prime
rate
The interest rate that banks charge
to their preferred customers. Changes in the
prime rate are widely publicized in the news
media and are used as the indexes in some adjustable
rate mortgages, especially home equity lines
of credit. Changes in the prime rate do not
directly affect other types of mortgages, but
the same factors that influence the prime rate
also affect the interest rates of mortgage loans.
principal
The amount borrowed or remaining unpaid.
The part of the monthly payment that reduces
the remaining balance of a mortgage.
Principal
balance
The outstanding balance of principal
on a mortgage. The principal balance does not
include interest or any other charges. See remaining
balance.
Principal,
interest, taxes, and insurance (PITI)
The four components of a monthly
mortgage payment on impounded loans. Principal
refers to the part of the monthly payment that
reduces the remaining balance of the mortgage.
Interest is the fee charged for borrowing money.
Taxes and insurance refer to the amounts that
are paid into an escrow account each month for
property taxes and mortgage and hazard insurance.
private
mortgage insurance (MI)
Mortgage insurance that is provided
by a private mortgage insurance company to protect
lenders against loss if a borrower defaults.
Most lenders generally require MI for a loan
with a loan-to-value (LTV) percentage in excess
of 80 percent.
promissory
note
A written promise to repay a specified
amount over a specified period of time.
public
auction
A meeting in an announced public
location to sell property to repay a mortgage
that is in default.
Planned
Unit Development (PUD)
A project or subdivision that includes
common property that is owned and maintained
by a homeowners' association for the benefit
and use of the individual PUD unit owners.
purchase
agreement
A written contract signed by the
buyer and seller stating the terms and conditions
under which a property will be sold.
Purchase
money transaction
The acquisition of property through
the payment of money or its equivalent.
Q
qualifying
ratios
Calculations that are used in determining
whether a borrower can qualify for a mortgage.
There are two ratios. The "top" or
"front" ratio is a calculation of
the borrower's monthly housing costs (principle,
taxes, insurance, mortgage insurance, homeowner's
association fees) as a percentage of monthly
income. The "back" or "bottom"
ratio includes housing costs as will as all
other monthly debt.
quitclaim
deed
A deed that transfers without warranty whatever
interest or title a grantor may have at the
time the conveyance is made.
R
rate
lock
A commitment issued by a lender to a borrower
or other mortgage originator guaranteeing a
specified interest rate for a specified period
of time at a specific cost.
real
estate agent
A person licensed to negotiate and transact
the sale of real estate.
Real
Estate Settlement Procedures Act (RESPA)
A consumer protection law that requires
lenders to give borrowers advance notice of
closing costs.
Real
property
Land and appurtenances, including anything
of a permanent nature such as structures, trees,
minerals, and the interest, benefits, and inherent
rights thereof.
recorder
The public official who keeps records of
transactions that affect real property in the
area. Sometimes known as a "Registrar of
Deeds" or "County Clerk."
recording
The noting in the registrar's office of the
details of a properly executed legal document,
such as a deed, a mortgage note, a satisfaction
of mortgage, or an extension of mortgage, thereby
making it a part of the public record.
refinance
transaction
The process of paying off one loan with the
proceeds from a new loan using the same property
as security.
remaining
balance
The amount of principal that has not yet been
repaid. See principal balance.
Remaining
term
The original amortization term minus the number
of payments that have been applied.
rent
loss insurance
Insurance that protects a landlord against loss
of rent or rental value due to fire or other
casualty that renders the leased premises unavailable
for use and as a result of which the tenant
is excused from paying rent.
repayment
plan
An arrangement made to repay delinquent installments
or advances.
replacement
reserve fund
A fund set aside for replacement of common
property in a condominium, PUD, or cooperative
project -- particularly that which has a short
life expectancy, such as carpeting, furniture,
etc.
revolving
debt
A credit arrangement, such as a credit card,
that allows a customer to borrow against a pre-approved
line of credit when purchasing goods and services.
The borrower is billed for the amount that is
actually borrowed plus any interest due.
right
of first refusal
A provision in an agreement that requires the
owner of a property to give another party the
first opportunity to purchase or lease the property
before he or she offers it for sale or lease
to others.
Right
of ingress or egress
The right to enter or leave designated premises.
Right
of survivorship
In joint tenancy, the right of
survivors to acquire the interest of a deceased
joint tenant.
S
sale-leaseback
A technique in which a seller deeds property
to a buyer for a consideration, and the buyer
simultaneously leases the property back to the
seller.
second
mortgage
A mortgage that has a lien position subordinate
to the first mortgage.
secondary
market
The buying and selling of existing mortgages,
usually as part of a "pool" of mortgages.
secured
loan
A loan that is backed by collateral.
security
The property that will be pledged as collateral
for a loan.
seller
carry-back
An agreement in which the owner of a property
provides financing, often in combination with
an assumable mortgage.
servicer
An organization that collects principal and
interest payments from borrowers and manages
borrower's escrow accounts. The servicer often
services mortgages that have been purchased
by an investor in the secondary mortgage market.
servicing
The collection of mortgage payments from borrowers
and related responsibilities of a loan servicer.
settlement
statement
See HUD1 Settlement Statement
subdivision
A housing development that is created by dividing
a tract of land into individual lots for sale
or lease.
subordinate
financing
Any mortgage or other lien that has a priority
that is lower than that of the first mortgage.
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.
sweat
equity
Contribution to the construction or rehabilitation
of a property in the form of labor or services
rather than cash.
T
tenancy
in common
As opposed to joint tenancy, when there are
two or more individuals on title to a piece
of property, this type of ownership does not
pass ownership to the others in the event of
death.
third-party
origination
A process by which a lender uses another party
to completely or partially originate, process,
underwrite, close, fund, or package the mortgages
it plans to deliver to the secondary mortgage
market.
title
A legal document evidencing a person's right
to or ownership of a property.
Title
company
A company that specializes in examining and
insuring titles to real estate.
Title
insurance
Insurance that protects the lender (lender's
policy) or the buyer (owner's policy) against
loss arising from disputes over ownership of
a 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.
transfer
of ownership
Any means by which the ownership of a property
changes hands. Lenders consider all of the following
situations to be a transfer of ownership: the
purchase of a property "subject to"
the mortgage, the assumption of the mortgage
debt by the property purchaser, and any exchange
of possession of the property under a land sales
contract or any other land trust device.
Transfer
tax
State or local tax payable when title passes
from one owner to another.
Treasury
index
An index that is used to determine interest
rate changes for certain adjustable-rate mortgage
(ARM) plans. It is based on the results of auctions
that the US Treasury holds for its Treasury
bills and securities or is derived from the
US Treasury's daily yield curve, which is based
on the closing market bid yields on actively
traded Treasury securities in the over-the-counter
market.
Truth-in-Lending
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.
two-step
mortgage
An adjustable-rate mortgage (ARM) that has one
interest rate for the first five or seven years
of its mortgage term and a different interest
rate for the remainder of the amortization term.
two-
to four-family property
A property that consists of a structure that
provides living space (dwelling units) for two
to four families, although ownership of the
structure is evidenced by a single deed.
trustee
A fiduciary who holds or controls property for
the benefit of another.
V
VA
mortgage
A mortgage that is guaranteed by the Department
of Veterans Affairs (VA).
vested
Having the right to use a portion of a fund
such as an individual retirement fund. For example,
individuals who are 100 percent vested can withdraw
all of the funds that are set aside for them
in a retirement fund. However, taxes may be
due on any funds that are actually withdrawn.
Veterans
Administration (VA)
An agency of the federal government that
guarantees residential mortgages made to eligible
veterans of the military services. The guarantee
protects the lender against loss and thus encourages
lenders to make mortgages to veterans.
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