|
A
ABSORPTION RATE The ratio of the number of properties in an area that have been sold against the number available. Used to show the volatility of a market.
1031 EXCHANGE
Abstract (Of Title)
Summary of public records relating to the title to a particular piece of land. An attorney or title insurance company searcher reviews an abstract of title to determine whether there are any title defects which must be cleared before a buyer can purchase clear, marketable, and insurable title.
ABSTRACTION METHOD This method of estimating the value of property uses similar properties available in the same market to extract the value of a parcel of land.
ACCELERATION CLAUSE
A provision in a mortgage that gives the lender the right to demand immediate payment of the outstanding loan balance under certain circumstances. Usually when the borrower defaults on the loan.
ACCESSORY BUILDING A building separate from the main structure on a property. Often used for a specific purpose, such as a workshop, storage shed or garage.
ACCRETION The natural growth of a piece of land resulting from forces of nature
ACRE 43,560 square feet. A measurement of area.
ACTUAL AGE The amount of time that has passed since a building or other structure was built. See also: EFFECTIVE AGE
ADJUSTMENT DATE The date the interest rate changes on an adjustable rate mortgage.
AD VAL OREM TAX Taxes assessed based on the value of the land and improvements
ADDENDUM A supplement to any document that contains additional information pertinent to the subject. Appraisers use an addendum to further explain items for which there was inadequate space on the standard appraisal form.
ADJUSTABLE-RATE MORTGAGE (ARM) A type of mortgage where the interest rate varies based on a particular index, normally the prime-lending rate. Interest rate is not fixed, but changes during the life of the loan in line with movements in an index rate. You may also see ARMs referred to as AMLs (adjustable mortgage loans) or VRMs (variable-rate mortgages).
ADJUSTED BASIS The value of an asset (property or otherwise) that includes the original price plus the value of any improvement, and less any applicable depreciation.
ADJUSTED SALES PRICE An opinion of a property's sales price, after adjustments have been made to account for differences between it and another comparable property.
Adjustment Period
Length of time for which the interest rate is fixed on an ARM. After that period it will be adjusted. Typically once (T-Bill) or twice a year (LIBOR), depending on the index.
AESTHETIC VALUE The additional value a property enjoys based on subjective criteria such as look or appeal.
AFFIRMATION A declaration that a certain set of facts is truthful.
AFFORDABILITY ANALYSIS A calculation used to determine an individual's likelihood of being able to meet the obligations of a mortgage for a particular property. Takes into account the down payment, closing costs and on-going mortgage payments.
AGENT A person who has been appointed to act on behalf of another for a particular transaction.
Agreement of Sale
A.K.A. Purchase Agreement or Sales Agreement. Contract in which a seller agrees to sell and a buyer agrees to buy, under certain specific terms and conditions spelled out in writing and signed by both parties.
Alienation Clause/Due on Sale Clause
Provision in a mortgage document stating that the loan must be paid in full if ownership is transferred.
AMENITY Any feature of a property that increases its value or desirability. These might include natural amenities such as location or proximity to mountains, or man-made amenities like swimming pools, parks or other recreation.
AMERICAN SOCIETY OF APPRAISERS An organization of appraisal professionals and others interested in the appraisal profession.
AMORTIZATION The repayment of a loan through regular periodic payment. A payment plan, which enables the borrower to reduce his debt gradually through monthly payments of principal.
AMORTIZATION SCHEDULE The breakdown of individual payments throughout the life of an amortized loan, showing both principal contribution and debt service (interest) fees.
AMORTIZATION TERM The length of time over which an amortized loan is repaid. Mortgages are commonly amortized over 15 or 30 years.
AMPERAGE A measure of electric current describing the magnitude.
ANNUAL PERCENTAGE RATE (APR) The rate of annual interest charged on a loan. Measure of the cost of credit, expressed as a yearly rate. It includes interest as well as other loan charges (points, PMI, etc). Since all lenders follow the same (complex and sometimes error prone) rules to ensure the accuracy of the annual percentage rate, it provides consumers with a good basis for comparing the cost of loans, including mortgage plans. Only a zero point, zero closing cost loan would have an APR equal to the actual Note rate. The APR is almost always greater than the Note Rate.
ANNUITY A sum of money paid at regular intervals, often annually.
APPLICATION A form used to apply for a mortgage loan that details a potential borrower's income, debt, savings and other information used to determine credit worthiness.
APPRAISAL A ''defensible'' and carefully documented opinion of value. Most commonly derived using recent sales of comparable properties by a licensed, professional appraiser. Expert's estimate of the quality or value of real estate as of a given date.
APPRAISAL FOUNDATION A not-for-profit educational organization established by the appraisal profession in the United States in 1987. It is dedicated to the advancement of professional valuation and responsible for establishing, improving, and promoting the Uniform Standards of Professional Appraisal Practice (USPAP).
APPRAISAL INSTITUTE A worldwide organization dedicated to real estate appraisal education, publication and advocacy.
APPRAISAL PRINCIPLES The basic building blocks of the property valuation process, including property inspection, market analysis and basic economics.
APPRAISAL REPORT The end result of the appraisal process usually consists of one major, standardized form such as the Uniform Residential Appraisal Report form 1004, as well as all supporting documentation and additional detail information. The purpose of the report is to convey the opinion of value of the subject property and support that opinion with corroborating information.
APPRAISAL STANDARDS BOARD (ASB) An independent board of the APPRAISAL FOUNDATION, which writes, amends, and interprets USPAP. The ASB is composed of up to seven appraisers appointed by the Foundation's Board of Trustees. The ASB holds public meetings throughout the year to interpret and amend USPAP.
APPRAISED VALUE An opinion of the fair market value of a property as developed by a licensed, certified appraiser following accepted appraisal principals.
APPRAISER An educated certified professional with extensive knowledge of real estate markets, values and practices. The appraiser is often the only independent voice in any real estate transaction with no vested interest in the ultimate value or sales price of the property.
APPRECIATION The natural rise in property value due to market forces.
ARMS LENGTH TRANSACTION Any transaction in which the two parties are unconnected and have no overt common interests. Such a transaction most often reflects the true market value of a property.
ASSESSED VALUE The value of a property according to jurisdictional tax assessment. Figure in dollars determined for tax purposes by an assessor, which reflects a property’s worth and which, unless, exempt, is used to compute a tax dollar obligation by multiplying it by a tax rate. This is often confused with the term appraisal.
ASSESSMENT The function of assigning a value to a property for the purpose of levying taxes.
ASSESSMENT RATIO The comparative relationship of a property's assessed value to its market value.
ASSESSOR The jurisdictional official who performs the assessment and assigns the value of a property.
ASSET Any item of value that a person owns.
ASSIGNMENT Transfer of ownership of a mortgage - usually when the loan is sold to another company.
Assumability
When a home is sold, the seller may be able to transfer the mortgage to the new buyer. Lenders generally require a credit review of the new borrower and may charge a fee for the assumption. Some mortgages contain a due-on-sale clause, which means that the mortgage may not be transferable to a new buyer. Instead, the lender may make you pay the entire balance that is due when you sell the home. Assumability can help you attract buyers if you sell your home. It is common for FHA a VA Loans.
ASSUMABLE MORTGAGE A mortgage that can be taken over by the buyer when a home is sold.
ASSUMPTION When a buyer takes over, or "assumes" the sellers mortgage.
Attached Home
A home that has one or more common walls adjoining another home. Condominiums, town homes and row houses are attached homes.
ATTACHED HOUSING Any number of houses or other dwellings that are physically attached to one another, but are occupied by a number of different people. The individual houses may or may not be owned by separate people as well.
B
BACKFILL The slope of the ground around a house.
BALL COCK VALVE The valve inside a toilet tank that controls the filling of the tank.
BALLOON MORTGAGE A mortgage loan in which the monthly payments are not large enough to repay the loan by the end of the term. So at the end of the term, the remaining balance comes due in a single large payment. Short-term fixed-rate loan, which involves smaller payments for a certain period of time and one large payment for the entire amount of the outstanding principal. Usually they have terms of 5 and 7 years.
BALLOON PAYMENT The final large payment at the end of a balloon mortgage term.
BANKRUPTCY When a person or business is unable to pay their debts and seeks protection of the state against creditors. Bankruptcies remain on credit records for up to ten years and can prevent a person from being able to get a loan.
BEAM A structural supporting member.
BILL OF SALE A physical receipt indicating the sale of property.
BIWEEKLY MORTGAGE A mortgage where you make "half payments" every two weeks, rather than one payment per month. This results in making the equivalent of 13 monthly payments per year, rather than 12, significantly reducing the time it takes to pay off a thirty-year mortgage. A mortgage, which requires a payment for half the monthly amount every two weeks. As a result the loan amortizes much faster than a loan with normal monthly payments. The result is as if one extra monthly payment were made each year. With this, 30 year fixed rate loan will be paid off in approximately 22.7 years. You may achieve the same affect by making extra monthly principal payments.
Blanket Mortgage
A mortgage covering at least two pieces of real estate as collateral.
BLIGHTED AREA Any region of a city or town that has fallen into disrepair or otherwise has become undesirable.
BONA FIDE Any genuine offer, made without intent to defraud or deceive.
BRIDGE FINANCING An interim loan made to facilitate the purchase of a new home before the buyer's current residence sells and its equity is available to fund the new purchase. Interim loan to finance a buyer’s new residence if the buyer is unable to sell his/her current residence first.
BRIDGING Structural members used between beams to strengthen the structure.
BROKER An individual who facilitates the purchase of property by bringing together a buyer and a seller. Real estate broker
BTU British Thermal Unit: A unit of measurement used to describe heating or cooling capacity.
BUFFER ZONE A segment of land between two disparate municipal zones, which acts as a shield to keep one zone from encroaching upon the other. Often used to separate residential districts from commercial areas.
BUILDING CODE Regulations that ensure the safety and material compliance of new construction within a municipality. Building codes are localized to ensure they are adequate to meet the risk of common hazards.
BUILDING LINE OR SETBACK The statutory distance between buildings and the property line, imposed by municipalities, home associations, or other agreements. Buffer distances from the ends and/or sides of the lot beyond which construction may not extend. The building line may be established by a filed plat of subdivision, by restrictive covenants in deeds or leases, by building codes, or by zoning ordinances.
BUILT-INS Specific items of personal property, which are, installed in a real estate improvement such that they become part of the building. Built-in microwave ovens and dishwashers are common examples.
BUNGALOW A one-story, home-style dating from the early twentieth century. Often characterized by a low-pitched roof.
BUY DOWN Extra money paid in a lump sum to reduce the interest rate of a fixed rate mortgage for a period of time. The borrower may pay the extra money, in order to have a lower payment at the beginning of the mortgage. Or paid by the seller, or lender, as incentive to buy the property or take on the mortgage. The seller pays an amount to the lender so that the lender can give you a lower rate and lower payments, usually for an early period in an ARM. The seller may increase the sales price to cover the cost of the buy down. Buy downs can occur in all types of mortgages, not just ARMs.
BX CABLE Electrical cable shrouded in a galvanized steel outer cover.
C
CALL OPTION A clause in a mortgage, which allows the lender to demand payment of the outstanding balance at a specific time.
CAP Associated with Adjustable Rate Mortgages. A limit on how high monthly payments or how much interest rates may change within a certain time period or the life of the mortgage.
Limit on how much the interest rate or the monthly payment can change, either at each adjustment or during the life of the mortgage. All ARMs have interest rate caps to protect you from enormous increases in monthly payments.
A lifetime cap limits the interest rate increase over the life of the loan. Lifetime caps can vary by lender, but most ARMs have caps of 5% or 6%.
A periodic or adjustment cap limits how much your interest rate can rise at one time. Generally, a 6-month ARM will have a cap of 1% while a 1-year ARM will have a 2% cap.
Periodic and lifetime caps are quoted as two numbers as in 2/6 which would mean that periodic cap is 2% and the lifetime cap is 6%. Examples:
1. The initial interest rate is 5.5%, the index is 8%, and the margin is 2.875%, then the new interest rate = 8% + 2.875% = 10.875%. If the lifetime cap is 5% then the actual new interest rate will be 5.5% + 5% = 9.5%.
2. The initial interest rate is 6%, the index is 7%, and the margin is 3%, then the new interest rate = 7% + 3% = 10%. But, If the periodic cap is 1% then the actual new interest rate will be 6% + 1% = 7%.
ARMs, which have an initial fixed period -- 30/3/1, 30/5/1, 30/7/1 and 30/10/1 -- can have also first adjustment cap. It limits the interest rate you will pay the first time your rate is adjusted. These ARMs are quoted as three numbers as in 5/2/5 that would mean that the first adjustment cap is 5%, adjustment cap thereafter is 2%, and the lifetime cap is 5%.
Two-Step loans -- 5/25 and 7/23 -- have only one adjustment after the first five or seven years of its term. They are quoted with a single first adjustment cap.
CAPE COD COLONIAL A single-story house style made popular in New England. Often characterized by a steep roof with gables.
CAPITAL Accumulated goods and money which is most often used to generate additional income.
CAPITAL EXPENDITURE An outlay of funds designed to improve the income-producing capabilities of an asset or to extend its economic life.
Capital Gains
Profit earned from the sale of real estate. The new tax code may not tax the first $500,000 of profits from the sale of a home (married filing jointly, $250,000 single) if you have occupied the home for at least 2 years. Consult your tax advisor.
CASH-OUT REFINANCE Refinancing a mortgage at a higher amount than the current balance in order to transform a portion of the equity into cash. A refinance on a property that you own where the loan amount will result in extra money left after paying off the existing 1st mortgage plus any purchase money 2nd mortgages and closing costs. Usually $2,000 can be received back at closing loan before is it considered a cash out refinance. A borrower is "cashing out" their equity in this type of loan and there could be additional fees at higher LTV’s.
CAULKING A pliable material used to seal cracks or openings such as around windows.
CAVEAT EMPTOR Literally translated: ‘‘let the buyer beware.'' A common business tenet whereby the buyer is responsible for verifying any and all claims by the seller of property.
CERTIFICATE OF DEPOSIT A document showing that the bearer has a certain amount of money, at a particular amount interest, on deposit with a financial institution.
CERTIFICATE OF DEPOSIT INDEX An index based on the interest rate of six months CD's. Used to set interest rates on some Adjustable Rate Mortgages.
CERTIFICATE OF ELIGIBILITY A document issued by the Veterans Administration that certifies eligibility for a VA loan. A document issued by the U.S. Department of Veterans Affairs. It is required when applying for VA loans.
CERTIFICATE OF OCCUPANCY Issued by an appropriate jurisdictional entity, this document certifies that a building complies with all building codes and is safe for use or habitation. Document, which is issued by local governments, that states a property meets the local building standards for occupancy. Required for new construction and sometimes also for the sale of an existing property.
CERTIFICATE OF REASONABLE VALUE (CRV) Usually based on an independent appraisal, a CRV for a particular property establishes the maximum amount, which can be secured by a VA mortgage. An appraisal by a VA approved appraiser, which estimates the property's current market value.
CERTIFICATE OF TITLE A document designating the legal owner of a parcel of real estate. Usually provided by a title or abstract company.
CERTIFIED GENERAL APPRAISER Generally, any professional who has met the local or state requirements, and passed the appropriate certification exam, and is capable of appraising any type of property.
CERTIFIED RESIDENTIAL APPRAISER A sub-classification of appraiser who is only licensed to appraise residential property, usually up to four units.
CHAIN OF TITLE The complete history of ownership of a piece of property.
CHATTEL Any personal property, which is not attached to, or an integral part of a property. Chattel is not commonly taken into consideration when appraising the value of real property.
CIRCUIT BREAKERS Electrical devices, which automatically open electrical circuits if they are overloaded.
CLEAR TITLE Ownership of property that is not encumbered by any counter-claim or lien. A title/deed that free of clouds and disputed interests.
CLOSING A torturous process designed to induce cramping in a homebuyer's hands by requiring signature on countless pieces of documentation that nobody has ever read. Or, the process whereby the sale of a property is consummated with the buyer completing all applicable documentation, including signing the mortgage obligation and paying all appropriate costs associated with the sale (CLOSING COSTS).
CLOSING COSTS All appropriate costs generated by the sale of property, which the parties must pay to complete the transaction. Costs may include appraisal fees, origination fees, title insurance, taxes and any points negotiated in the deal.
The numerous expenses which buyers and sellers normally incur to complete a transaction in the transfer of ownership of real estate. These costs are in addition to price of the property and are items prepaid at the closing day. This is a typical list: · BUYER'S EXPENSES · Recording Deed and Mortgage · Escrow Fees · Attorney's Fee (optional) · Title Insurance · Appraisal · Endorsements to Title · 1% PA Transder Tax · Pre-Paid Property tax, sewer, water, trash, adjustments · Points and other loan fees · Homeowners/Hazard Insurance Policy for 1st year · SELLER'S EXPENSES · Attorney's Fee (optional) · Real Estate Commission · 1% PA Transfer Tax · Satisfaction of liens · Express mail for lien payoff(s)
The agreement of sale negotiated previously between the buyer and the seller may state in writing who will pay each of the above costs.
CLOSING STATEMENT The document detailing the final financial arrangement between a buyer and seller and the costs paid by each. The day on which the formalities of a real estate sale are concluded. The deed is generally prepared for the closing by an attorney and this cost charged to the buyer. The buyer signs the mortgage, and closing costs are paid. The final closing merely confirms the original agreement reached in the agreement of sale.
Cloud (On Title)
An outstanding claim or encumbrance, which adversely affects the marketability of title.
CO-BORROWER A second person sharing obligation on the loan and title on the property.
COLLATERAL An asset, which is placed at risk to secure the repayment of a loan.
COLLECTION The process a lender takes to pursue a borrower who is delinquent on his payments in order to bring the mortgage current again. Includes documentation that may be used in foreclosure.
CO-MAKER A second party who signs a loan, along with the borrower, and becomes liable for the debt should the borrower default.
COMMON LAW As opposed to statute law. Laws that have been established by custom, usage and courts over many years.
COMMISSION A percentage of the sales price or a fixed fee negotiated by an agent to compensate for the effort expended to sell or purchase property. Fee paid to a real estate agent or broker by the seller as compensation for finding a buyer and completing the sale. Usually it is a percentage of the sale price--6 to 7 percent on houses, 10 percent on land.
Commitment
A written agreement between a lender and a borrower to loan money on specific terms or conditions.
COMMON AREA ASSESSMENTS Fees, which are charged to the tenets or owners of properties to cover the costs of maintaining areas, shared with other tenets or owners. Commonly found in condominium, PUD or office spaces.
COMMON AREAS Any areas, such as entryways, foyers, pools, recreational facilities or the like, which are shared by the tenets or owners of property near by. Commonly found in condominium, PUD or office spaces.
COMMUNITY PROPERTY In many jurisdictions, any property which has been acquired by a married couple. The ownership of the property is considered equal unless stipulated otherwise by both parties.
COMPARABLES An abbreviated term used by appraisers to describe properties, which are similar in size, condition, location and amenities to a subject property whose value, is being determined. The Uniform Standards of Professional Appraisal Practice (USPAP) establish clear guidelines for determining a comparable property.
COMPOUND INTEREST Interest paid on the principal amount, as well as any accumulated interest.
CONCESSIONS Additional value granted by a buyer or seller to entice another party to complete a deal.
CONDEMNATION The official process by which a property is deemed to be uninhabitable or unusable due to internal damage or other external conditions.
CONDENSATION The transition of water vapor to liquid. Typically forms in areas of high humidity.
CONDOMINIUM all owners share a development where individual units are owned, but common areas and amenities equally. Individual ownership of a dwelling unit and an individual interest in the common areas and facilities, which serve the multi-unit project.
CONDOMINIUM CONVERSION Commonly, the conversion of a rental property such as an apartment complex into a CONDOMINIUM-style complex where each unit is owned rather than leased.
CONDUIT The pipe through which electric wiring is run.
CONSTRUCTION LOAN A loan made to a builder or homeowner that finances the initial construction of a property, but is replaced by a traditional mortgage one the property is completed. A short-term loan to pay for the construction of buildings or homes. These loans usually provide periodic disbursements to the builder as each stage of the building is completed. Generally followed by long term financing called a "take out" loan issued upon completion of construction.
CONTIGUOUS Connected to or touching along an unbroken boundary.
CONTINGENCY Something that must occur before something else happens. Often used in real estate sales when a buyer must sell a current home before purchasing a new one. Or, when a buyer makes an offer the requires a complete home inspection before it becomes official. A condition put on an offer to buy a home; such as the perspective buyer making an offer contingent on his or her sale of a present home, or being approved for a mortgage.
CONTRACT A legally binding agreement, oral or written, between two parties.
CONVENTIONAL MORTGAGE A traditional, real estate financing mechanism that is not backed by any government or other agency (FHA, VA, etc.). Any mortgage loan not insured by HUD or guaranteed by the Veterans' Administration. It is subject to conditions established by the lending institution, Fannie Mae, Freddie Mac, and State statutes
Conversion Option
Some ARMs come with options to convert them to a fixed rate mortgage during a given time period without having to go through a refinancing, which could cost up to 5 percent or 6 percent of the loan amount. For example popular conversion options for 1 year treasury-indexed ARMs include:
1. Option to convert on the third, fourth, or fifth adjustment date, i.e. during the
37th, 49th and 61st months of the loan.
2. Option to convert during the first five years on the adjustment date, i.e. during
the 13th, 25th, 37th, 49th and 61st months of the loan.
The interest rate or points may be somewhat higher for a convertible ARM. Also, a convertible ARM may require a small fee at the time of conversion.
CONVERTIBLE ARM A mortgage that begins as and adjustable, that allows the borrower to convert the loan to a fixed rate within a specific timeframe.
Conveyance
The transfer of title to the property from one party to another.
COOPERATIVE (CO-OP) A form of ownership where each resident of a multiunit property owns a share in a cooperative corporation that owns the building. With each resident having rights to a specific unit within the building. An apartment building or a group of dwellings owned by a corporation, the stockholders of which are the residents of the dwellings. It is operated for their benefit by their elected board of directors. In a cooperative, the corporation or association owns title to the real estate. A resident purchases stock in the corporation, which entitles him to occupy a unit in the building or property owned by the cooperative. While the resident does not own his unit, he has an absolute right to occupy his unit for as long as he owns the stock.
CORPORATE RELOCATION A situation where a person's employer pays all or some of the expenses associated with moving from one location to another, usually over a substantial distance. Relocation expenses often include the amounts, such as brokerage fees, incurred in the selling and buying of the employee's primary residence.
COST OF FUNDS INDEX (COFI) An index of financial institutions costs used to set interest rates for some Adjustable Rate Mortgages.
COVENANT A stipulation in any mortgages that, if not met, can be cause for the lender to foreclose.
CREDIT A loan of money for the purchase of property, real or personal. Credit is either secured by an asset, such as a home, or unsecured.
CREDIT HISTORY A record of debt payments, past and present. Used by mortgage lenders in determining credit worthiness of individuals.
CREDITOR A person to whom money is owed.
CREDIT REPORT A detailed report of an individual’s credit, employment and residence history prepared by a credit bureau. Used by lenders to determine credit worthiness of individuals. A report documenting the history of how you paid back the companies you have borrowed money from, or how you have met other financial obligations.
CREDIT REPOSITORY Large companies that gather and store financial and credit information about individuals who apply for credit.
CUL-DE-SAC A dead-end street. One with only one entrance/exit.
D
DATE OF APPRAISAL The specific point in time as of which an appraiser designates the value of a home. Often stipulated as the date of inspection.
DEBT An obligation to repay some amount owed. This may or may not be monetary.
DEBT EQUITY RATIO The ratio of the amount a mortgagor still owes on a property to the amount of equity they have in the home. Equity is calculated at the fair-market value of the home, less any outstanding mortgage debt.
DEED A document indicating the ownership of a property. A formal written instrument by which title to real property is transferred from one owner to another. The deed should contain an accurate description of the property being conveyed, should be signed and witnessed according to the laws of the State where the property is located, and should be delivered to the purchaser at closing day. There are two parties to a deed: the grantor and the grantee. (See also Deed of Trust, General Warranty Deed. Quitclaim Deed, and Special Warranty Deed)
DEED-IN-LIEU (OF FORECLOSURE) A document given by a borrower to a lender, transferring title of the property. Often used to avoid credit-damaging foreclosure procedures.
DEED OF TRUST A document, which transfers title in a property to a trustee, whose obligations and powers are stipulated. Often used in mortgage transactions. Like a mortgage, a security instrument whereby real property is given as security for a debt. However, in a deed of trust there are three parties to the instrument: the borrower, the trustee, and the lender, (or beneficiary). In such a transaction, the borrower transfers the legal title for the property to the trustee who holds the property in trust as security for the payment of the debt to the lender or beneficiary. If the borrower pays the debt as agreed, the deed of trust becomes void. If, however, he defaults in the payment of the debt, the trustee may sell the property at a public sale, under the terms of the deed of trust. In most jurisdictions where the deed of trust is in force, the borrower is subject to having his property sold without benefit of legal proceedings. A few States have begun in recent years to treat the deed of trust like a mortgage.
DEED OF RECONVEYANCE A document that transfers ownership of a property from a Trustee back to a borrower who has fulfilled the obligations of a mortgage.
DEED OF RELEASE A document that dismisses a lien or other claim on a property.
DEED OF SURRENDER A document used to surrender any claim a person has to a property.
DEFAULT The condition in which a borrower has failed to meet the obligations of a loan or mortgage. Failure to make mortgage payments as agreed to in a commitment based on the terms and at the designated time set forth in the mortgage or deed of trust. It is the mortgagor's responsibility to remember the due date and send the payment prior to the due date, not after. Generally, thirty days after the due date if payment is not received, the mortgage is in default. In the event of default, the mortgage may give the lender the right to accelerate payments, take possession and receive rents, and start foreclosure. Defaults may also come about by the failure to observe other conditions in the mortgage or deed of trust.
Deferred interest
When the monthly payments do not cover all of the interest cost, the unpaid interest is deferred by adding it to the loan balance.
Deficiency Judgment
Personal claim against the debtor when the sale of foreclosed property does not yield sufficient proceeds to pay off the mortgages.
DELINQUENCY The state in which a borrow has failed to meet payment obligations on time.
DEPOSIT Cash given along with an offer to purchase property, also called EARNEST MONEY.
DEPRECIATION The natural decline in property value due to market forces or depletion of resources. Decline in value of a house due to wear and tear, adverse changes in the neighborhood, or any other reason.
DETACHED SINGLE-FAMILY HOME A single building improvement intended to serve as a home for one family.
DISCOUNT POINTS Points paid in addition to the loan origination fee to get a lower interest rate. One point is equal to one percent of the loan amount. In an ARM with an initial rate discount, the lender gives up a number of percentage points in interest to give you a lower rate and lower payments for part of the mortgage term (usually for one year or less). After the discount period, the ARM rate will probably go up depending on the index rate. A State tax, in the forms of stamps, required on deeds and mortgages when real estate title passes from one owner to another. The amount of stamps required varies with each State.
DISTRESSED PROPERTY A mortgaged property, which has been foreclosed on.
DOWNSPOUT The pipe that water moves through to reach the ground from the rain gutter.
DUE-ON-SALE CLAUSE PROVISION A clause in a mortgage giving the lender the right to demand payment of the full balance when the borrower sells the property. A clause in the Deed of Trust or Mortgage that states that the entire loan is due upon the sale of the property.
DUPLEX A single-building improvement, which is divided and provides two units which serve as homes to two families.
DWELLING A house or other building, which serves as a home.
DOWN PAYMENT An amount paid in cash for a property, with the intent to mortgage the remaining amount due. The amount of money to be paid by the purchaser to the seller upon the signing of the agreement of sale. The agreement of sale will refer to the down payment amount and will acknowledge receipt of the down payment. Down payment is the difference between the sales price and maximum mortgage amount. The down payment may not be refundable if the purchaser fails to buy the property without good cause. If the purchaser wants the down payment to be refundable, he should insert a clause in the agreement of sale specifying the conditions under which the deposit will be refunded, if the agreement does not already contain such clause. If the seller cannot deliver good title, the agreement of sale usually requires the seller to return the down payment and to pay interest and expenses incurred by the purchaser.
E
EARNEST MONEY DEPOSIT A cash deposit made to a home seller to secure an offer to buy the property. This amount is often forfeited if the buyer decides to withdraw his offer. The deposit money given to the seller or his agent by the potential buyer upon the signing of the agreement of sale to show that he is serious about buying the house. If the sale goes through, the earnest money is applied against the downpayment. If the sale does not go through, the earnest money will be forfeited or lost unless the binder or offer to purchase expressly provides that it is refundable.
EASEMENT The right of a non-owner of property to exert control over a portion or all of the property. For example, power companies often own an easement over residential properties for access to their power lines. A right-of-way granted to a person or company authorizing access to or over the owner's land. An electric company obtaining a right-of-way across private property is a common example.
EAVE The part of the roof that extends beyond the exterior wall.
ECONOMIC DEPRECIATION The decline in property value caused by external forces, such as neighborhood blight or adverse development.
ECONOMIC LIFE The amount of time that any income-producing property is able to provide benefits to its owner.
EFFECTIVE AGE The subjective, estimated age of a property based on its condition, rather than the actual time since it was built. Excessive wear and tear can cause a property's effective age to be greater than its actual age.
EMINENT DOMAIN The legal process whereby a government can take ownership of a piece of property in order to convert it to public use. Often, the property owner is paid fair-market value for the property.
ENCROACHMENT A building or other improvement on one property that invades another property or restricts its usage. An obstruction, building, or part of a building that intrudes beyond a legal boundary onto neighboring private or public land, or a building extending beyond the building line.
ENCUMBRANCE A claim against a property. Examples are mortgages, liens and easements. A legal right or interest in land that affects a good or clear title, and diminishes the land's value. It can take numerous forms, such as zoning ordinances, easement rights, claims, mortgages, liens, charges, a pending legal action, unpaid taxes, or restrictive covenants. An encumbrance does not legally prevent transfer of the property to another. A title search is all that is usually done to reveal the existence of such encumbrances, and it is up to the buyer to determine whether he wants to purchase with the encumbrance, or what can be done to remove it.
ENERGY EFFICIENCY RATIO An efficiency rating system for air conditioning units that corresponds to the number of BTU's output per watt of electricity used.
EQUAL CREDIT OPPORTUNITY ACT (ECOA) U.S. federal law requiring that lenders afford people equal chance of getting credit without discrimination based on race, religion, age, sex etc. Prohibits discrimination in any aspect of a credit transaction on the basis of race, religion, age, color, and national origin, receipt of public assistance funds, sex, or marital status.
EQUITY The difference between the fair market value of a property and that amount an owner owes on any mortgages or loans secured by the property. The value of a homeowner's unencumbered interest in real estate. Equity is computed by subtracting from the property's fair market value the total of the unpaid mortgage balance and any outstanding liens or other debts against the property. A homeowner's equity increases as he pays off his mortgage or as the property appreciates in value. When the mortgage and all other debts against the property are paid in full the homeowner has 100% equity in his property.
EQUITY BUILDUP The natural increase in the amount of equity an owner has in a property, accumulated through market appreciation and debt repayment.
ERRORS AND OMISSIONS INSURANCE An insurance policy taken out by appraisers to cover their liability for any mistakes made during the appraisal process.
ESCROW An amount retained by a third party in a trust to meet a future obligation. Often used in the payment of annual taxes or insurance for real property. Funds paid by one party to another (the escrow agent) to hold until the occurrence of a specified event, after which the funds are released to a designated individual. In FHA mortgage transactions an escrow account usually refers to the funds a mortgagor pays the lender at the time of the periodic mortgage payments. The money is held in a trust fund, provided by the lender for the buyer. Such funds should be adequate to cover yearly-anticipated expenditures for mortgage insurance premiums, taxes, hazard insurance premiums, and special assessments. See also Escrow Account.
ESCROW ACCOUNT An account setup by a mortgage servicing company to hold funds with which to pay expenses such as homeowners insurance and property taxes. An extra amount is paid with regular principal and interest payments that go into the escrow account each month.
ESCROW ANALYSIS An analysis performed by the lender usually once each year to see that the amount of money going into the escrow account each month is correct for the forecasted expenses.
ESCROW DISBURSEMENTS The payout of funds from an escrow account to pay property expenses such as taxes and insurance.
ESTATE The total of all property and assets owned by an individual.
EXAMINATION OF TITLE The report on the title of a property from the public records or an abstract of the title.
EXCLUSIVE LISTING An agreement between the owner of a property and a real estate agent giving the agent exclusive right to sell the property.
EXECUTOR The person named in a will to administer the estate.
F
FACADE The front exposure of any building. Often used to describe an artificial or false front that is not consistent with the construction of the rest of the building.
FAIR CREDIT REPORTING ACT A federal law regulating the way credit agencies discloses consumer credit reports and the remedies available to consumers for disputing and correcting mistakes on their credit history.
Fair Housing Act
Prohibits discrimination in housing sales or loans on the basis of race, religion, color, national origin, sex, familial status, or handicap. Your Rights under the Fair Housing Act.
FAIR MARKET VALUE The price at which two unrelated parties, under no duress, are willing to transact business.
FANNIE MAE A private, shareholder-owned company that works to make sure mortgage money is available for people to purchase homes. Created by Congress in 1938, Fannie Mae is the nation's largest source of financing for home mortgages. A stockholder-owned federally chartered corporation. Fannie Mae purchases residential home loans from mortgage lending institutions, packages the mortgages into securities and sells the securities to investors. They are the largest source of residential mortgage funds in the USA.
FASCIA The boards that enclose the eaves.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) The U.S. Government agency created in 1933 which maintains the stability of and public confidence in the nation's financial system by insuring deposits and promoting safe and sound banking practices.
Freddie Mac - Federal Home Loan Mortgage Corporation (FHLMC, Freddie Mac)
A stockholder-owned corporation chartered by Congress to create a continuous flow of funds to mortgage lenders in support of homeownership and rental housing. Freddie Mac purchases single-family and multifamily residential mortgages from lenders and packages them into securities that are sold to investors.
FEDERAL HOUSING ADMINISTRATION (FHA) A sub-agency of the U.S. Department of Housing and Urban Development created in the 1930's to facilitate the purchase of homes by low-income, first-time home buyers. It currently provides federally-subsidized mortgage insurance for private lenders. A part of the U.S. Department of Housing and Urban Development (HUD). FHA assists 1st-time home buyers and low to moderate income borrowers who may not be able to meet down payment requirements for conventional loans by providing mortgage insurance to private lenders. It also insures loans for home improvements and buying manufactured/mobile homes. These programs operate through FHA approved lending institutions and their correspondents, such as Allegiance mortgage..
FHA Loan
A loan insured by the Federal Housing Administration open to all qualified home purchasers. Interest rates on FHA loans are generally market rates, while down payment requirements are lower than for conventional loans. FHA loans cannot exceed the statutory limit.
FEE APPRAISER A certified, professional appraiser who forms an opinion of the fair market value of property and receives a set fee in exchange.
FEE SIMPLE A complete, unencumbered ownership right in a piece of property.
FEE SIMPLE ESTATE A form or ownership, or holding title to real estate. It is the most complete form of title, having an unconditional and unlimited interest of perpetual duration.
FHA MORTGAGE A mortgage that is insured by the Federal Housing Administration (FHA).
FINAL VALUE ESTIMATE The opinion of value of a piece of property resulting from an appraisal following the USPAP guidelines.
FIRST MORTGAGE The primary loan or mortgage secured by a piece of property. A mortgage that has priority as a lien over all other mortgages.
FIXED-RATE MORTGAGE (FRM) A mortgage which has a fixed rate of interest over the life of the loan.
FIXTURE Any piece of personal property which becomes permanently affixed to a piece of real property.
FLASHING The metal used around the base of roof mounted equipment, or at the junction of angles used to prevent leaking.
FLOOD INSURANCE Supplemental insurance which covers a home owner for any loss due to water damage from a flood. Often required by lenders for homes located in FEMA-designated flood zones. Insurance that compensates for physical property damage resulting from flooding. It is required for properties located in federally designated flood areas.
FLOOR PLAN The representation of a building which shows the basic outline of the structure, as well as detailed information about the positioning of rooms, hallways, doors, stairs and other features. Often includes detailed information about other fixtures and amenities.
FLUE The furnace exhaust pipe, usually going through the roof.
FLUSH VALVE The valve between the toilet bowl and the tank.
FOOTING The partially buried support for a vertical structural member such as a post.
FORECLOSURE The process whereby a lender can claim the property used by a borrower to secure a mortgage and sell the property to meet the obligations of the loan.
A legal term applied to any of the various methods of enforcing payment of the debt secured by a mortgage, by taking and selling the mortgaged property, and depriving the mortgagor of possession.
FORFEITURE The loss of property or money due to the failure to meet the obligations of a mortgage or loan secured by that property.
FOUNDATION The solid structural element upon which a structure is built.
FRONTAGE The segment of a property that runs along a point of access, such as a street or water front.
FSBO
For sale by owner.
FUNCTIONAL OBSOLESCENCE A decrease in the value of property due to a feature or lack thereof which renders the property undesirable. Functional obsolescence can also occur when the surrounding area changes, rendering the property unusable for its originally intended purpose.
|