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
Abstract of Title
A summary or condensation of the essential parts of all recorded instruments
which affect a particular piece of real estate, arranged in the order
in which they were recorded.
Acceleration
Clause
A clause in a contract by which the time for payment of a debt is advanced,
usually making the obligation immediately due and payable, because of
the breach of some condition, such as failure to pay an installment
when due.
Acceptance
The indication or manifestation by the offeree that the offeree is willing
to be bound by the terms of the offer.
ACRE
43,560 square feet of land.
Acknowledgment
A declaration made by a person to a notary public, or other public official
authorized to take acknowledgments, that the instrument was executed
by the person and that it is a free and voluntary act.
Ad Valorem
Latin meaning "according to value". Normally used to describe
a tax based on the assessed value of real property.
Adjustable Rate Mortgage (ARM)
A mortgage whose interest rate changes over time based on an index
and a margin. Rate changes are made at prescribed
times and within prescribed limits (caps) as defined
in the mortgage contract.
Adjustment Period or Interval
On an adjustable rate mortgage, the time between changes in the
interest rate and/or monthly payment, typically one, three or five years,
depending on the index.
Adverse
Possession
The right of an occupant of land to acquire a superior title to the
real estate against the record owner, where such possession has been
actual, notorious, hostile, visible and continuous for the required
statutory period (in Colorado, 18 years). The purpose behind this
concept is to promote the productive use of land and to give title to
the one putting the land to use.
Affidavit
A statement or declaration reduced to writing, and sworn to or affirmed
before some officer who has authority to administer an oath or affirmation.
Agency
A legal relationship resulting from an agreement or contract, either
expressed or implied, written or oral, whereby one person, called the
agent, is employed by another, called the principal, to do certain acts
in dealing with a third party.
Agent
Any person, partnership, association, or corporation authorized or employed
by another, called the principal, to act for, on behalf of, and subject
to the control of the latter.
AITD
- See All Inclusive Trust Deed
Alienation
The transfer of real property by one person to another.
All
Inclusive Trust Deed (AITD) -
See Wraparound Mortgage
Amenities
In real estate, amenities refer to such circumstances, in regard to
location, outlook, or access to a park, lake, highway, view or the like
which enhance the pleasantness or desirability of real estate and which
contribute to the pleasure and enjoyment of the occupants.
Amortization
The gradual repayment of a mortgage by installments. As you
pay back the loan, an increasing amount of each payment is applied to
principal and a lesser amount is applied to interest. Amortization is
also a process of spreading a cost that is incurred upfront over the
term of the loan or life of the asset. (see our Amortization
Calculator)
Annual
Percentage Rate (A.P.R.)
The actual cost of a mortgage loan expressed as a yearly rate.
The APR will be higher than the interest rate stated on the application
and note because it includes fees such as: interest, discount points,
origination fee, mortgage insurance and other related fees. The
truth in lending act requires lenders to disclose an APR to assist the
borrower in measuring the actual cost of a loan.
Application
A form used by mortgage lenders to document necessary information concerning
the mortgage loan applicant(s).
Appraisal
In real estate, an estimate of the quality or value of property; the
process by which conclusions of the value of property are obtained;
also refers to the report setting forth the estimate of value together
with the basis for such conclusions. For VA appraisal - See
Certificate of Reasonable Value
Appraised
Value
The fair market value an appraiser assigns to a particular property,
based on analysis of the property in question, and the market conditions
in the area, and recent sales data of comparable homes in the area.
Appreciation
An increase in value due to changes in market conditions or other causes.
Appreciation
rate - Appreciation rate is the yearly percentage rate that
an asset increases in value.
Appurtenance
That which belongs to something else; something adapted to the use of
the real property to which it is connected or belongs, and which was
intended to be a permanent addition to the land, and which passes as
an incident to said land, as a house, barn, garage, right of way.
APR
- See Annual Percentage
Rate
ARM
- See Adjustable Rate Mortgage or go to our Loan Types Section to read more about ARM Loans
Assessed
Value
The value that a taxing authority, such as a county assessor places
on real property as a base for computing property taxes. Generally
assessed at 80% of value.
Assessment
A local tax levied against a property to cover the proportionate cost
of an improvement, such as a street or sewer.
Assignee
The party to whom a legal right has been assigned or transferred.
Assignment
A transfer to another of a legal right.
Assignor
The party who assigns or transfers a legal right.
Assumption
The agreement between buyer and seller where the buyer takes over the
payments on an existing mortgage from the seller. Assuming a loan can
usually save the buyer money since this is an existing mortgage debt,
unlike a new mortgage where closing cost and new, probably higher, market-rate
interest charges will apply.
Attachment
A type of encumbrance, permitted only under special circumstances,
which is placed against the real estate of a defendant in a pending
law suit for money damages.
Attorney's
Opinion
In real estate, the written opinion of an attorney-at-law regarding
the marketability of title to real property based upon an examination
of the abstract of title or the records in the county clerk and recorder's
office.
Available
Cash
The amount of liquid assets (i.e. checking, savings, mutual funds, etc)
immediately available to pay closing
costs and down payment.
Average
Interest Rate
The actual average interest rate for a combination of debts based upon
a total weighted interest rate calculation. Utilizing each loan
balance and interest rate, the calculator determines an average interest
rate for multiple debts.
B
Balance Sheet
A statement showing a company's financial position at the end of an
accounting period by listing an entity's assets, liabilities and owner's
equity.
Balloon Mortgage Click here to read
more about Balloon Loans
When credit is advanced by note or contract and payment is required
in regular equal installments and the note or contract will mature before
the note or contract is paid in full, a payment which may be larger
than the regular payment will fall due.
Balloon
Payment
The final lump sum payment made at the maturity date of a balloon
mortgage called a "balloon payment".
Bargain
and Sale Deed
Any deed that recites a consideration and purports to convey the
real estate. A bargain and sale deed with a covenant against the
grantor's acts is one in which the grantor warrants that they have done
nothing to harm or cloud the title.
Base
rate or Base Point
The interest rate that is used as a benchmark to set the interest
rate for borrowers. A base rate is sometimes called an index
rate. For example, if you obtain a one-year adjustable-rate
mortgage, your loan rate will be reset once a year to a rate that equals
the loan rate plus a margin. Interest rates on credit cards are
frequently tied to a change in the prime rate.
Beneficiary
The person who receives or is to receive the benefits resulting
from certain acts; one receiving benefits, profits or advantage; one
for whose benefit a trust is created.
Bill
of Sale
A written instrument by which one person transfers or conveys right,
title or interest in personal property to another.
Binder
A title insurance binder is the written commitment of a title insurance
company to insure title to the property subject to the conditions and
exclusions shown on the binder.
Blanket
Mortgage
A single mortgage which covers more than one piece of property.
Borrower
(Mortgagor)
An individual (also known as mortgagor) who receives funds in the form
of a loan with an obligation to repay the principal with interest.
Each additional borrower contributes income and credit history to the
qualification process of a loan and whose names appear on all closing
documents. Each additional borrower is liable for the debt and
condition of the property.
Broker
- See Mortgage Broker
Building
Code
Regulations established by local governments setting forth the structural
requirements of buildings.
Buy-Down
When the lender and/or the home builder subsidized the mortgage by lowering
the interest rate during the first few years of the loan. While
the payments are initially low, they will increase when the subsidy
expires. These are sometimes used to qualify borrowers for a loan
amount that they would not otherwise qualify for but will be able to
pay in subsequent years as their income increases.
Buyer's
Agent
A broker or salesperson who is engaged by and represents the buyer
in a real estate transaction.
C
Cap
A consumer safeguard limiting adjustments to ARM
interest rate or mortgage payment's.
- A
periodic cap limits how much the rate can increase at each
adjustment period.
- A
lifetime cap limits how much the rate can increase during the
term of the loan.
- A
payment cap, limits how much the monthly payment may
increase. See Payment Cap for detailed provisions of this type
of cap.
Carryback
Loan
A loan in which a seller agrees to finance a buyer in order to complete
a property sale.
Cash
Needed
The total dollar amount required for payment of closing
costs and down payment.
Cash
Out Refinance
A mortgage loan that allows the borrower to pay off an existing debt
and obtain excess money from the equity of their home for payment of
closing costs and additional funds
for personal needs (i.e., college tuition, home improvement, remodel
home, purchase automobile and etc).
Cash
Reserve
Sufficient cash remaining after closing to make the first two mortgage
payments and two months of long-term debts.
Caveat
Emptor
"Let the purchaser beware." The buyer is duty-bound
to examine the property he or she is purchasing and he or she assumes
conditions which are readily known upon view. The seller is under
no obligation to disclose defects but may not actively conceal a known
defect or lie if asked.
CC&R's
Covenants, conditions, and restrictions. The basic rules establishing
the rights and obligations of owners of real property within a subdivision
or other tract of land in relation to other owners within the same subdivision
or tract and in relation to an association of owners organized for the
purpose of operating and maintaining property commonly owned by the
individual owners.
Certificate
of Eligibility (COE)
The document given to qualified veterans which entitles them to VA guaranteed
loans for homes, business, and mobile homes. Certificates of Eligibility
may be obtained by sending DD-214 (Separation Paper) to the local VA
office with VA form 1880 (request for Certificate of Eligibility).
Now verified through email to streamline the process.
Certificate
of Reasonable Value
Commonly referred to as a "CRV". Veterans Administration's
certified appraisal of value of real property.
Certificate
of Taxes Due
A written statement or guaranty of the condition of the taxes on
a certain property, made by the County Treasurer of the county wherein
the property is located. Any loss resulting to any person from
an error in a tax certificate shall be paid by the county which such
treasurer represents.
Certificate
of Title - See Title Insurance or go here to read
about title insurance
A written opinion by an attorney setting forth the status of title
to the property as shown on the public records. The certificate
does not certify as to matters not of record and affords no protection
unless the author was negligent.
Certificate
of Veteran Status
The document given to veterans or reservists who have served 90 days
of continuous active duty (including training time). It may be
obtained by sending DD 214 to the local VA office with form 26-8261a
(request for certificate of veteran status). This document enables
veterans to obtain lower down payments on certain FHA insured loans.
Chain
of Title
The series of transactions from GRANTOR to GRANTEE as evidenced in the
land records.
Chapter
7
Provision of the 1978 Bankruptcy Reform Act that covers liquidations
under a court appointed trustee.
Chapter
11
Provision of the 1978 Bankruptcy Reform Act that covers reorganizations
where the debtor remains in control of the business and its operations.
Chattel
Any item of property other than real estate, usually referred to
as personal property; an item of movable property.
Clear
Title
A title that is free of liens or any legal question as to the ownership
of the property.
Closing
The final meeting where the sale and transfer of property and/or loan
settlement is fully executed. This meeting generally requires
the borrower(s), seller(s), lender (or their agent) to be present.
The closing includes the delivery of a deed, signing of notes, and the
collection and disbursement of funds necessary to complete the sale
and loan transaction. Also known as Settlement.
closing
costs
closing costs are the total
expenses that the buyer pays at the time a real estate transaction is
completed. closing costs
generally range between 3 and 6 percent of the home purchase price.
With conventional loans, the following
"closing costs" cannot
be paid by the Seller for the Buyer: Pre-paid interest, Hazard insurance
impounds, or Property tax impounds.
- Loan
Origination and/or Discount Points: Expressed in points, it's a fee which is equal to 1% of the loan
amount. The points will vary with the interest rate the lender charges:
the lower the interest rate, the higher the points.
- Processing
Fee: A fee charged by the lender for processing the loan
application.
- Administration
or Document Fee: A fee charged by the lender for preparing
the loan document.
- Underwriting
Fee: A fee charged by the lender for underwriting the loan.
- Appraisal:
The fee charged by an appraiser for evaluation of the property.
- Credit
Report Fee: A fee charged by a credit reporting agency
- Tax
Service Fee: A one-time fee for a service which notifies
the lender when the borrowers' taxes are delinquent.
- Flood
Certificate Fee: A one-time fee for searching records for
required flood zoning and flood insurance.
- Escrow
Fee: A charged by the title/escrow company for their services
guaranteeing the transfer of funds.
- Title
Insurance Premium: A fee charged by the title company for
a lender's policy and an owner's policy to protect from possible loss
due to defects in title.
- Notary
Fees: Fees charged by the title/escrow company for notarizing
the legal documents at closing.
- Title
Document Fee: Fees charged by the title/escrow company
for researching public records, preparation of a preliminary and final
title report and providing title insurance.
- Recording
Fees: Title/escrow company fee for recording the Deed of
Trust with County Recorder's office.
- Express
Mail & Courier Fees: Charges incurred by title companies
for using express mail & courier services. All title and
escrow documents use special delivery services for promptness and
safety.
Cloud
on the Title
An outstanding claim or encumbrance which, if valid, would affect
or impair the title of the owner of the property.
CLTV
- See Loan-to-Value (LTV)
Co-borrower
Borrower(s) who contribute income and credit history to the qualification
process of a loan and whose name(s) appear(s) on all closing documents.
The co-borrower is also liable for the debt and condition of property.
COE
- See Certificate of Eligibility
Cognovit
Note
Note containing a confession of judgment by the borrower.
Collateral
Security
Often called simply "collateral." In banking phraseology,
it means some security additional to the personal obligation of the
borrower, as a chattel mortgage or trust deed.
Colorado
Senior Property Tax Exemption click for details
Commercial (see Commercial
Glossary)
Commingling
Mixing money belonging to others with personal or business funds.
Illegal commingling is using the money of one beneficiary for the benefit
of another or failing to maintain such money in identified escrow accounts.
Commitment
A promise by a lender to make a loan on specific terms or conditions
to a borrower or builder. A promise by an investor to purchase
mortgages from a lender with specific terms or conditions. An
agreement, often in writing, between a lender and a borrower to loan
money at a future date, subject to the completion of paperwork or compliance
with stated conditions.
Common
Interest Community
Means real estate described in a declaration with respect to which
a person, by virtue of such person's ownership of a unit, is obligated
to pay for real estate taxes, insurance premiums, maintenance or improvement
of other real estate described in a declaration. Ownership of
a unit does not include holding a leasehold interest in a unit of less
than forty years, including renewal options. The period of the
leasehold interest, including renewal options, is measured from the
date the initial term commences. A common interest community is
not a condominium unless the undivided interests in the common elements
are vested in the unit owners.
Common
Law
The principles and rules of law, originating from usage and custom,
sanctioned by the courts and which are not dependent upon legislative
expression or enactment for their authority. Also that body of law,
based on custom and usage, developed and formulated by the old English
courts.
Community
Property
Property, real or personal, which by statute belongs equally to
husband and wife; more specifically, property acquired by the husband
and wife, or either, during marriage, by their industry and not by gift,
said property belonging equally to husband and wife. Community
property laws exist only in nine states: Ariz., Calif., Idaho, La.,
Nev., N.M., Okla., Tex., and Wash.
Condemnation
In real property law, the process by which property of a private
owner is taken for public use, with compensation to the owner, under
the right of eminent domain.
Condominium
A structure of two or more units where the interior space is individually
owned, and the balance of the land (structure and land) are commonly
owned by the owners of each individual unit.
Condominium
Ownership
"Condominium" means a common interest community in which
portions of the real estate are designated for separate ownership, and
the remainder of which is designated for common ownership solely by
the owners of the separate ownership portions (pools, tennis court,
weight room, etc).
Conforming
loan
Single-family home loans with a maximum loan amount of $359,650
that is typically higher than FHA and VA loans with lower interest rates.
Consideration
One of the essential elements of a contract. A promise or an act
of legal value bargained for and received in return for a promise.
Construction
Loan
A short term interim loan for financing the cost of construction.
The lender advances funds to the builder at periodic intervals as the
work progresses.
Construction
Mortgage. A short-term mortgage used to finance the building
of a structure.
Constructive
Notice. Often called "legal notice", the conclusive
presumption that all persons have knowledge of the contents of a recorded
instrument.
Contingency
A condition that must be met before a contract is legally binding.
Contract
An agreement, enforceable at law, between two or more competent
persons, having for its object a legal purpose, wherein the parties
agree to act in a certain manner.
Contract
sale or deed
A contract between a purchaser and a seller of real estate to convey
title after certain conditions have been met. It is a form of
installment sale.
Controller
The chief accounting executive of an organization whose principal
functions are (1) financial reporting, (2) tax administration, (3) management
audits, (4) planing controls and developing accounting systems and procedures.
Conventional Mortgage
A mortgage securing a loan made by private investors without governmental
participation (not F.H.A. insured or V.A. guaranteed). Conventional
Laons
Conversion
An unauthorized assumption and exercise of the right of ownership
over goods or personal chattels belonging to another, to the alteration
of their condition or the exclusion of the owner's rights.
Convertible
ARM
An adjustable-rate mortgage that can be converted to a fixed-rate mortgage
under specified conditions.
Conveyance
An instrument in writing by which some estate, interest, or title
in real estate is transferred from one person to another, such as a
deed or mortgage.
Cooperative
A structure of two or more units in which the right to occupy a unit
is obtained by the purchase of stock in the corporation that owns the
building or units.
Covenant
A written agreement or restriction on the use of land or promising
certain acts. Homeowner Associations often enforce restrictive
covenants governing architectural controls and maintenance responsibilities.
However, land could be subject to restrictive covenants even if there
is no homeowner's association.
Credit
Report
A report obtained from a credit bureau agency or company that discloses
a borrower's credit history and current credit status.
CRV
- See Certificate of Reasonable Value
Cul-de-Sac
A passage way with one outlet. Streets in newer subdivisions
are sometimes built in cul-de-sac fashion.
Cumulative
Loan-to-Value (CLTV) - See Loan-to-Value (LTV)
Curtesy
A common law estate in land given to the husband upon his wife's
death, consisting of a life estate in all the property owned by the
wife during the marriage, provided a child was born alive from their
marriage. Abolished in Colorado.
D
DE - See Direct Endorsement
Declaration
Any recorded instrument however denominated that defines boundaries
and the general common elements and limited common elements and establishes
the basic rights and obligations of the owners. In addition, it
provides for the creation of an owners association including the board
of directors that has the authority to collect common expenses and otherwise
act for the benefit of all owners.
Debt
Consolidation Loan
A type of loan that allows the borrower to payoff all or a portion of
existing debt (including the existing mortgage loan) from loan proceeds.
Debt
ratio or Debt-to-Income Ratio
The ratio, expressed as a percentage, is calculated by dividing the
monthly payment of long-term debts by gross monthly income.
Dedication
An appropriation of land to some public use, made by the owner,
and accepted for such use by or on behalf of the public, as streets
in a platted subdivision.
Deed
A legal instrument in writing, duly executed and delivered, whereby
the owner of real property (grantor) conveys to another (grantee) some
right, title or interest in or to real estate.
Deed
of Trust
An instrument used in many states in place of a mortgage. The
property is transferred to a trustee by the borrower (trustor), in favor
of the lender (beneficiary) and re-conveyed upon payment in full.
Deed
Restriction
A provision in a deed controlling or limiting the use of the land.
Default
he non-performance of a duty; the omission or failure to perform a legal
duty; failure to meet an obligation when due (payments on a mortgage).
Defeasible
Fee
Sometimes called a base fee or qualified fee; a fee interest in
land that is capable of being defeated or terminated upon the happening
of a specified event.
Deferred
Interest
When a mortgage is written with a monthly payment that is less than
required to satisfy the note rate, the unpaid interest is deferred by
adding it to the loan balance. See Negative
Amortization
Deficiency
Judgment
The difference between the indebtedness sued upon and the sale price
of the mortgaged property at foreclosure, where the sale price is less
than the indebtedness.
Delinquency
Failure to make payments on time. This can lead to foreclosure.
Delivery
The final, unconditional and absolute transfer of a Deed to the Grantee
so that the Grantor may not revoke it. A Deed, signed but held
by the Grantor, does not pass title.
Department
of Housing and Urban Development (HUD)
Regulates Fannie Mae, Freddie Mac, and Ginny Mae.
Department
of Veterans Affairs (VA) - See
VA Loan
The Department of Veterans Affairs (VA) was established on March 15,
1989, succeeding the Veterans Administration. It is responsible
for providing federal benefits to veterans and their dependents.
Headed by the Secretary of Veterans Affairs, VA is the second largest
of the 15 Cabinet departments and operates nationwide programs for health
care, financial assistance, and burial benefits, as of March 2003.
Deposit
- See Earnest Money
Depreciation
The loss in value due to deterioration through ordinary wear and tear,
action of the elements, functional or economic obsolescence. (opposite
of "appreciation")
Devise
A gift of real property by the last will and testament of the donor.
Direct
Endorsement (DE)
A HUD program that enables an eligible single-family lender to conduct
the processing and closing of FHA single family loan applications without
HUD's prior review.
Discount
Points - See Points
An amount payable to the lender paid by the borrower or seller to increase
the lender's effective yield and reduce the interest rate. also
known as discount fee
Diversion
Illegal or unauthorized use of entrusted funds.
Documentary
Fee
A Colorado state law requiring a fee of one cent for each one hundred
dollars of consideration paid by the person recording an instrument
of conveyance to the county clerk and recorder.
Dower
A spouse's interest in the property of a deceased spouse.
Down Payment
Money deposited towards the purchase of a home paid to make up the difference
between the purchase price and the mortgage amount not finance with
a mortgage. The larger the down payment, the less you need to
borrow. Most lenders require the down payment to be paid from
the buyer's own funds. Gifts from related parties are sometimes
acceptable, and must be disclosed to the lender. However, FHA
allows gifts from any source.
Dual
agent
A broker or salesperson who, with the written informed consent of
all parties to a contemplated real estate transaction, is engaged as
a limited agent for both the seller and buyer or both the landlord and
tenant.
Due-On-Sale
Clause
A provision in a mortgage or trust deed which allows the lender
to call a promissory note immediately due and payable in full upon the
sale or transfer of a secured property. Allows the lender to raise the
interest rate or demand other changes in terms upon assumption of the
loan.
Duress
Forcing action or inaction against a person's will.
E
Earnest Money
Down payment made by a purchaser of real estate as evidence of good
faith.
Easement
A right or interest in the real property of another. The right
to use another's land for a specific purpose, as a right of way.
Economic
Life
The period of time over which a property may be profitably used.
It is reduced to a percent in the capitalization process. Example:
100% divided by 50 years equals 2% anticipated depreciation per year.
Effective
interest rate
The effective interest rate is the mortgage cost on a yearly basis expressed
as a percentage includes charges paid when closing the loan including
compounded interest. Higher closing
costs or more frequent compounding result in a higher effective
interest rate.
Effective
Interest Rate - see: Annual
Percentage Rate
Eminent
Domain
The right of a government to take private property for public use
upon the payment of just compensation. The legal proceeding by
which the government exercises this right is called "condemnation
proceedings".
Encroachment
The illegal intrusion of a structure, part of a building, or obstruction
over or upon a highway, sidewalk or the property of another.
Encumbrance
A claim, lien, charge, or liability attached to and binding upon real
property, such as a judgment, mortgage, mechanics' lien, lien for unpaid
taxes, right of way.
Endorsement
Writing one's name, either with or without additional words, on
a negotiable instrument or on an attachment thereto.
Equal Credit Opportunity Act (ECOA)
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.
Equifax
Credit Services
A credit reporting agency that provides a detailed report itemizing
an individual's credit history and current credit status.
Equity
In real estate, the interest or value of the real estate over and above
the amount of the indebtedness thereon.
Equity Loan
A loan based on the borrower's equity in his or her home.
Equity
of Redemption - See Redemption
Escrow
In real estate, it is the state or condition of a deed which is conditionally
held by a third party, called the escrow agent, pending the performance
or fulfillment of some act or condition.
Escrow
Account
Any identified checking, demand, passbook or statement account insured
by an agency of the United States government maintained in a Colorado
Depository for money that belongs to others.
Escrow
Agreement
A written agreement between two or more parties whereby the grantor,
promisor or obligor delivers certain instruments or property into the
hands of a third party, the escrow agent, to be held by said third party
until the happening of a contingency or performance of a condition,
and then to be delivered to the grantee, promisee or obligee.
Escrow
Overage or shortage
The difference, determined by escrow analysis, between escrow funds
on deposit and escrow funds required, to make a payment when it becomes
due.
Estate
In real estate, it refers to the degree, quantity, nature and extent
of interest which a person has in real property; such as a fee simple
absolute estate, an estate for years.
Estate
at Sufferance
An estate in land arising when the tenant wrongfully holds over
after the expiration of the tenant's term; the landlord has the choice
of evicting the tenant as a trespasser or accepting such tenant for
a similar term and under the conditions of the tenant's previous holding;
often called a tenancy at sufferance.
Estate
at Will
An interest in land terminable at the will of either the tenant
or landlord; often called a tenancy at will.
Estate
for Years
An interest in land for a fixed period of time, whether for a day
or 99 years; often called a tenancy for years.
Estate
from Period to Period
An interest in land where there is no definite termination date
but the rental period is fixed at a certain sum per week, month or year;
often called a periodic tenancy.
Estimated
Property Value
The Purchase Price or Current Market value of a specific property.
Et al
Abbreviation for et allus, meaning "and another".
Et ux
Abbreviation for et uxor, meaning "and wife".
Eviction
Dispossession by process of law; the act of depriving a person of
the possession of lands, in pursuance of the judgment of a court.
Exclusive
Agency Listing
A listing whereby the owner appoints one real estate broker as sole
agent for a specified period of time. The owner may sell the property
to a buyer which the owner finds without paying the broker a commission.
Exclusive
Right to Sell Listing
A listing whereby the owner appoints one real estate broker as sole
and exclusive broker for a specified period of time. No matter
who sells the property, including the owner , personally, the broker
is entitled to a commission.
Execution
A writ issued by a court to the sheriff directing him to seize and
sell property to satisfy a debt.
Executor
The person named in a will to carry out its provisions.
F
Fair Market Value
The price at which property is transferred between a willing buyer and
a willing seller, each of whom has a reasonable knowledge of all pertinent
facts and neither being under any compulsion to buy or sell. See
Market Value
Fannie
Mae
A common term used in real estate finance taken from FNMA (Federal
National Mortgage Association). It provides a market for government
secured mortgages held by primary lenders and provides them with a ready
market so as to permit a greater turnover of money for loans.
Farmers
Home Administration (FmHA)
Provides financing to farmers and other qualified borrowers who are
unable to obtain loans elsewhere.
Federal
Emergency Management Agency (FEMA)
Federal agency which, among other things, directs the activities of
the Federal Insurance Administration and establishes flood insurance
rates and terms of coverage, issues policies, processes claims and identifies
and maps flood-prone areas.
Federal
Housing Administration (FHA)
An agency of the U.S. Department of Housing and Urban Development
(HUD). It insures residential mortgage loans
made by private lenders. FHA also sets standards for underwriting
mortgages.
Federal
Home Loan Mortgage Corporation (FHLMC)
A quasi-governmental agency that purchases conventional mortgage from
insured depository institutions and HUD-approved mortgage bankers.
FHLMC buys existing approved mortgage loans and resells them
to individual investors or financial institutions. also called "Freddie
Mac"
Federal
National Mortgage Association (FNMA)
A tax-paying corporation created by Congress to support the secondary
market in mortgages on residential properties. FNMA sells residential
mortgages to lenders (Conventional, FHA insured, and VA guaranteed).
FNMA also purchases pools of mortgages from lenders with securities,
also know as "Fannie Mae", the largest single holder
of home mortgages in the United States.
Fee
Simple Absolute
Often called a fee or fee simple; the most comprehensive ownership
of real property known to the law; the largest bundle of ownership rights
possible in real estate.
Fee
Tail
An estate or interest in land which cannot be conveyed but which
must descend to the heirs of the holder. Abolished in Colorado.
Fees
Fees include mortgage points and expenses to underwrite and originate
a mortgage loan. See Closing Cost
FEMA
- See Federal Emergency Management Agency
FHA
- See Federal Housing Administration
F.H.A.
Insured Mortgage
A mortgage under which the Federal Housing Administration insures
loans made according to its regulations by approved lenders.
FHA
Mortgage
A mortgage that is insured by the Federal Housing
Administration.
FHLMC
- See Federal Home Loan Mortgage Corporation
FICO
Is a mathematical model named after its creator, the Fair Isaac Company
(FICO). Credit repositories (Bureaus) have adopted FICO as a tool
for lenders in evaluating the risk associated with lending money.
Fiduciary
Adjective - Confidential, such as a confidential relationship. Fiduciary
refers to the relationship of an agent to a principal.
Fiduciary
Noun - A person who is in a position of trust in relation to another
party; or a person in a confidential or trust position.
Finance
Charge
The total amount of interest, prepaid finance charge and specific insurance
premiums (if applicable) that the borrower is expected to pay over the
life of the loan.
First
Mortgage
A real estate loan with a lien (i.e., mortgage or deed of trust) on
the subject property that has priority over any subsequently lien or
financial encumbrances.
Fixed
Interest Rate
An interest rate that does not change during the entire term or life
of the loan.
Fixed Monthly Debt
The amount of monthly payment required to be paid each month.
Sometimes referred to as "minimum monthly payment" for credit
card or revolving accounts.
Fixed-Rated
Mortgage
A mortgage on which the interest rate is set for the term of the loan.
Fixture
An article of personal property which has been installed in or attached
to land or a building thereon, in a permanent manner, so that it is
now considered to be a part of the real estate.
FmHA
- See Farmers Home Administration
FNMA
- See Federal National Mortgage Association
Forbearance
The act of refraining from taking legal action despite the fact
that the mortgage is in arrears. It is usually granted only when
a mortgagor makes satisfactory arrangements to pay the amount owed at
a future date.
Foreclosure
A termination of the rights of the mortgagor in the property covered
by the mortgage; a court process instituted by a mortgagee or lien creditor
to defeat any interest or equity of redemption which the mortgagor or
debtor-owner may have in the property.
Freddie
Mac - See Federal Home Loan Mortgage
Corporation
Funding
Payment of loan money by a lender to a borrower so that he or she
can purchase real estate; or, the payment of money by investors to lenders
in return for mortgages sold to them by the lender.
G
General Warranty Deed - See Warranty
Deed
G.I.
Guaranteed Mortgage
Government guaranteed and insured mortgage available to United States
of America Veterans and their spouses, and those currently serving in
the military. Entitlements include low-or no-down payment fixed
15 and 30 year loans by the Veterans Administration through HUD.
also See VA Loan
Gift
Funds
Transfer of funds to assist with payment of closing
costs and/or down payment. Investors typically require that gift
funds may only be received from the borrower's parents and/or grandparents
with no intent for repayment.
Ginne
Mae - See Government National Mortgage
Association
Good
Faith Estimate
A document delivered with Truth-In-Lending Disclosure
Statement to borrower as an estimate comprising, closing
costs, interest rate, term, loan amount, and monthly payment, within
3 days of receiving borrowers mortgage application per the Real Estate
Settlement Procedures Act (RESPA).
Government
National Mortgage Association (GNMA)
Guarantees mortgage-backed securities issued by private financial
intermediaries. Also known as "Ginnie Mae", provides
sources of funds for residential mortgages, insured or guaranteed by
FHA or VA
GPM
- See Graduated Payment Mortgage Below
Graduated
Payment Mortgage (GPM)
A type of flexible-payment mortgage where the payments increase for
a specified period of time and then level off.
Grace
Period
A period of time during which a loan payment may be paid after its due
date without incurring a late payment penalty. 15 days for FHA/VA,
and 20 days for Conventional (unless otherwise specified. Late
payments reported on credit reports.
Graduated
Payment Mortgage (GPM)
A type of flexible-payment mortgage where the payments increase for
a specified period of time and then level off. This type of mortgage
has negative amortization built into it.
Grantee
A person to whom real estate is conveyed; the buyer.
Grantor
A person who conveys real estate; the seller.
Gross
Monthly Income
The total monthly income earned before taxes and any other deductions.
GSE
Government Sponsored Enterprise such as Fannie Mae or Freddie Mac.
Guaranty
A promise by one party to pay a debt or perform an obligation contracted
by another if the original party fails to pay or perform according to
a contract.
H
Hazard Insurance
A form of insurance in which the insurance company protects the insured
from specified losses, such as fire, hail damage, etc.
HOA
- See Home Owners Association
Home
Equity Line of Credit (HELOC)
A revolving line of credit secured on the equity in the mortgagor's
house, usable for any purpose.
Home
Equity Loan
A type of loan that allows homeowners to acquire a loan in addition
to their original mortgage/lien using a portion or all of the equity
in their home (primary residence). A home equity loan is a generally
a second mortgage on the subject property and may be used for any personal
needs (i.e., college education, debt consolidation, home improvement,
etc).
Home Mortgage
A legal document that pledges the property to the lender as security
for payment of a debt.
Home
Owners Association (HOA)
A nonprofit organization that manages the common areas and services
of a planned unit development or condominium project. In a condominium
project it has no ownership interest in the common areas; in a planned
unit development it holds title to common areas.
Homeowner's
Insurance Also called property insurance
A policy that combines liability coverage and hazard insurance to protect
the homeowner from weather-related damage, as well as potential liability
from events that occur on the property. Lenders require homeowners
insurance coverage to protect the collateral that secures their loan.
Some homeowners insurance policies do not cover catastrophic events
such as tornadoes, hurricanes or floods. These kinds of events
generally require a separate insurance policy.
Homeowners
Protection Act
The Homeowners Protection Act of 1999 requires home lenders to cancel
a requirement for private mortgage insurance (PMI) if the borrower has
equity of at least 22% in their home (This is equal to a loan-to-value
ratio of below 78%). The law allows the borrower to request dropping
PMI when equity reaches 20% of home value. A current appraisal
may be required to ascertain the home value. For more information,
see the Web site of the U.S. Dept. of Housing and Urban Development
(www.hud.gov.)
Homeowner's
Warranty
A type of insurance that covers repairs to specified parts of a house
for a specific period of time.
Homestead
Exemption
Often called "homestead" or "homestead right";
a right given by statute to a householder or head of a family to designate
real estate as their homestead and said homestead is exempt, up to a
stated amount, from execution by creditors.
Housing
Expense - See PITI
Housing Expenses-to-Income Ratio
The ratio, expressed as a percentage, which results when a borrower's
housing expenses are divided by his/her gross monthly income.
HUD
- see Department of Housing and Urban Development
HUD
I Settlement Statement
A form utilized at loan closing to itemize the costs associated with
purchasing the home. Used universally by mandate of HUD, the Department
of Housing and Urban Development.
Hybrid
Financing
The joining together of two forms of finance, such as combining a convertible
loan with a participation loan, under which the lender has the right
at loan maturity to convert the debt to a 50 percent ownership in the
property.
I
Impound
Impounds are payments made in advance for homeowner's insurance premiums
and real estate taxes. These payments are made to an escrow account
at loan closing, and periodically replenish the escrow account.
An escrow agent pays the local tax authority and insurer from this account.
Analyzers calculate impounds for two months. Local lending requirements
on funding the escrow account vary.
Indemnify
To insure; to secure against loss.
Index
A published interest rate against which lenders measure the difference
between the current interest rate on an adjustable rate mortgage and
that earned by other investments, which is then used to adjust the interest
rate.
Index
rate
An index is a widely used published interest rate that lenders use
to set the interest rate on loans. 10-year U.S. Treasury securities
are often used for 30-year fixed-rate loans. ARM
loans are commonly based upon the, one-, three-, and five-year U.S.
Treasury security yields; the monthly average interest rate on loans
closed by savings and loan institutions; or the monthly average costs-of-funds
incurred by savings and loans. Lenders adjust the interest rate
up or down on an adjustable rate mortgage by measuring the difference
between a current index rate to the ARM interest rate, and adding a
margin.
Initial
interest rate
The starting interest rate on an adjustable-rate mortgage loan, which
is often below market ARM rates. The intent of a low initial rate is
to assist homebuyers that may not otherwise qualify for a mortgage loan.
Installment
Land Contract
Often called a land contract or an installment contract; an agreement
for the purchase of real estate upon an installment basis, the deed
to the property is not given to the purchaser until either all or a
certain portion of the purchase price is paid.
Installment
Loans
A loan that has a fixed (or closed-end) term (i.e., 36 months) and fixed
unchanging monthly payments. When the loan is paid in full the
borrower cannot advance additional money unlike a revolving loan.
Insured
Mortgage - See MIP and PMI
A mortgage that is protected by the Federal Housing Administration (FHA) called MIP (mortgage insurance premium), or by private
mortgage insurance (PMI). If the borrower defaults
on the loan, the insurer must pay the lender the lesser of the loss
incurred or the insured amount.
Inter
Alia
(Latin) meaning "among other things".
Interest
The fee charged by the lender for borrowing money.
Interest-only
payments
Mortgage payments that include only interest. No loan amortization
occurs and, thus, the homeowner does not accrue any equity (unless the
home value increases).
Interest
Rate
The percentage of an amount of money that is borrowed and is paid for
during a specific period specified in the terms of the loan.
Interest
rate cap
A limit on the amount the interest rate can increase. See Cap,
adjustment period
Interim Financing
A construction loam made during completion of a building or a project.
A permanent loan usually replaces this loan after completion.
Intestate
When a person dies without leaving a will.
Investment
Property
A property designated solely as a "rental" or "leased"
property.
Investor
The ultimate owner of a loan. This can be the institution
that originated the loan (then the loan is held in their portfolio),
another large lender or Fannie Mae or Freddie Mac.
J
Joint Tenancy
A type of co-ownership of real property, held by two or more persons
with all co-owners being equally entitled to the use, enjoyment, control
and possession of the land and with the right of survivorship.
Judgment
The final determination of the rights of the parties by a
court in an action before it.
Jumbo Loan
A loan which is larger than the limits set by the Federal National Mortgage
Association and the Federal Home Loan Mortgage Corporation. Jumbo
loans cannot be funded by these two agencies, and usually carry a higher
interest rate. A loan which is larger than $322,700.
K
L
Land
Real property; the surface of the earth and that which is affixed to
it permanently, that which is below it, and the space above it; synonymous
with "real property", "realty", and "real estate".
Sometimes used to mean only the unimproved surface of the earth.
Landmark
In land surveys, any known conspicuous object or feature that establishes
a precise point of origin.
Lease
An agreement under which a tenant receives the possession and use
of real property for a certain period of time and the landlord receives
the payment of rent and/or the performance or other conditions.
Leasehold
An estate or right in real property held under a lease.
Legal
Description
A description recognized by law which is sufficient to locate and
identify the property without oral testimony.
Lender
The bank, mortgage company or broker assigned to review and process
the loan application and makes the home loan.
Lessee
The party who possesses a right or estate in realty, holding under
a lease; also commonly referred to as the tenant.
Lessor
The party who conveyed a right or estate in realty to the lessee
under a lease; commonly referred to as the landlord.
LIBOR
London Inter-Bank Offer Rate is the interest rate that the largest international
banks charge each other for loans.
Lien
A right given by law to a creditor to have a debt or charge satisfied
out of the real or personal property belonging to the debtor.
Life
Estate
An estate or interest in real property which is held for the duration
of the life of some certain person.
Lifetime
Cap - see Cap
Limited
agent
An agent whose duties and obligations to a principal are only those
set forth in Colorado Revised Statutes 12-61-804, 12-61-805, or 12-61-806,
with any additional duties and obligations agreed to pursuant to section
12-61-803 (5).
Line
of Credit
A loan with a maximum credit limit that allows the borrower(s) to disburse
funds up to the maximum credit line as needed. Funds may be disbursed
repeatedly as the principal balance is paid down up to the maximum credit
limit available. A line of credit functions similar to a credit
card and may be accessed by writing a check or a using a debit card.
Lis
Pendens
A public notice, filed against specific lands, that an action at
law is pending that may affect the title to the land.
Loan
Amount
The total amount requested by the borrower to be financed. This
amount is the basis, of many loan fee calculations. For refinance
loans, the loan amount will include the balance of all loans the borrower
requests to be paid off, including the original mortgage, other personal
debt and/or cash out amount.
Loan
Balance
The outstanding balance of a loan not paid in full, excluding any accrued
interest.
Loan
Discount Points - See Points
Loan
Origination Fees - See Origination Fee and Points
Loan
Product
The loan program that dictates the finance type, amortization term and
other pertinent loan functions (i.e., fixed or adjustable rate and 360
or 180 months).
Loan
Qualification Estimates
Lenders ease their loan-underwriting guides when economic times
are good. This environment leads to more competition among lenders
for qualified borrowers. Thus, lenders become more aggressive
in making loans. When economic times are worse, lenders raise
the amounts they are willing to lend. Thus, lenders become more conservative.
Loan
Term - See Term
Loan-to-Value (LTV)
LTV ratio, expressed as a percentage, is a qualifying measure in determining
finance possibilities and loan options. To calculate, divide the
mortgage base loan amount by the fair market value of
the property. Cumulative Loan-to-Value (CLTV) combines all mortgages
(1st and 2nd) into the equaltion by adding all the mortgages together
before dividing by the the fair market value to get the ratio.
Lock
or Lock-In
A written agreement guaranteeing the home buyer a specified interest
rate provided the loan is closes with that buyer within a set period
of time. The lock-in also usually specifies the number of points
to be paid at closing as well.
LTV
See Loan-to-Value
M
Manufactured Home
A type of house that is constructed in a factory, delivered to a
property location and set on a foundation.
Margin
For mortgage lending, margin is the amount a lender adds to the base
rate of an adjustable-rate mortgage or other variable-rate loan to set
the loan rate (see Index). For example,
if a one-year ARM loan has a margin of 200 basis points (2%) over the
yield on 1-year Treasury bills and the T-bill yield is 4.5%, the loan
rate is set to 6.5%.
Marketable
or Merchantable Title
A title which is free from reasonable doubt of defect which can be readily
sold or mortgaged to a reasonably prudent purchaser or mortgagee; a
title free from material defects or grave doubts and reasonably free
from possible litigation.
Market
Value
The price, in terms of dollars, which a ready and able buyer, not
forced to buy, would pay and which a ready and willing seller, not forced
to sell, would accept, assuming further that both parties are fully
informed, act reasonably, and have sufficient time to consider the transaction
with due care. see fair market value
Maturity
The termination or due date on which final payment of a loan must be
paid in full.
Maximum
Loan Charges - See Points
Maximum
Monthly Payment
The maximum payment a borrower may qualify for based on their income
and debt. The maximum payment is calculated by using a debt-to-income
ratio.
Mechanic's
Lien
A lien created by statute which exists against real property in
favor of persons who have performed work or furnished materials for
the improvement of the real estate.
Metes
and Bounds
A method of describing or locating real property; metes are measures
of length and bounds are boundaries. This description starts with
a well-marked point of beginning and follows the boundaries of the land
until it returns once more to the point of beginning.
Mill
One-tenth of one cent. A tax rate of one mill on the dollar
is the same as a rate of one-tenth of one percent of the assessed value
of the property.
Mobile
Home
A type of home that is 100% constructed in a factory, delivered to a
property location and set on a lot or foundation. A mobile home
can generally be moved off of the owner's original site.
Monthly
Housing Payment
Typically the total amount of principal, interest, taxes, and insurance
(PITI) paid each month on a mortgage loan. Many lenders and investors
limit the monthly housing payment to 28% of the gross monthly income.
Monthly Payment
The amount of principal and interest paid each month on a loan.
The monthly payment on a mortgage loan may also include an escrow payment
for taxes and insurance.
Monthly Payment Savings
The total monthly payment reduction a borrower may gain by refinancing
their mortgage loan.
Mortgage
A conditional conveyance of property as security for the payment of
a debt or the fulfillment of some obligation. Upon payment of
the debt or performance of the obligation the mortgage becomes void.
Mortgage
Broker
Any entity, engaged in, assisting, arranging funding, or negotiating
mortgage financing, in behalf of a client, in consideration of,
compensation in the form of origination, either by lender or borrower. Why use a Mortgage Broker
Mortgage Insurance
A contract that insures the lender against loss caused by a mortgagor's
default on a mortgage. Mortgage Insurance is generally required
on all First Mortgage Loans that have a down payment of less
than 20% of the purchase price (or until 20% equity is accumulated in
the property).
Types
of Mortgage Insurance:
- Mortgage
Insurance Premium (MIP)
MIP is paid on government-insured FHA loans only
- Private
Mortgage Insurance (PMI)
PMI is paid on non-government-insured loans (Conventional, non-conventional
etc...)
- VA
funding fee
One time funding fee in lieu of mortgage insurance
Click
here to read more about MI
Note: not to confused with Hazard Insurance that is a form of insurance
in which the insurance company protects the insured (homeowner) from
specified losses, such as fire, hail damage, etc.
Mortgage
Insurance Premium (MIP) SEE: Insurance
for Calculation
MIP is paid on government-insured FHA loans only (VA loans require
a funding fee in most cases) and Conventional loans use PMI (Private
Mortgage Insurance. FHA loans also require an upfront premium.
See below.
Mortgage
interest deduction
The mortgage interest tax deduction allows you to deduct the mortgage
interest expense you pay on mortgage and home equity debt, up to certain
limits of debt. The deduction lowers your tax bill by an amount
equal to the amount of interest times your tax rate. To take the
mortgage interest deduction, you must itemize the deduction using Schedule
A of IRS Form 1040.
Mortgage
points - see Points
Mortgagee
The party to whom the property is conveyed under a mortgage as security
for the repayment of a loan or fulfillment of some obligation.
Mortgagor
The party who, by a mortgage, conveys their interest in the property
as security for their obligation to repay a loan or fulfill some obligation.
Multi
Family
A term generally to distinguish a house designed for use by more than
one family (duplex or fourplex).
Mutual
Assent
One of the essential elements of a contract, often called Meeting
of the Minds; the agreement of the parties to the contract, mutually
consenting to be bound by the exact terms thereof.
N
Negative Amortization
Occurs when monthly payments are not large enough to pay all the interest
due on the loan. This unpaid interest is added to the unpaid balance
of the loan. This has the effect of increasing the loan amount.
This phenomenon in home lending occurs when a payment cap restricts
the repayment, to an amount less than the payment necessary to reduce
the principal balance.
Negotiable
Instrument
A written instrument signed by a maker or drawer, containing an
unconditional promise to pay a certain sum of money, which can be passed
freely from one person to another.
Non
Assumption Clause
A statement in a mortgage contract forbidding the assumption of the
mortgage without the prior approval of the lender. (The signed obligation
to pay a debt, as a mortgage note)
Non
Conforming Loan
New Home loans allowing the buyer to borrow over a certain amount set
by the Federal National Mortgage Association or the Federal Home Loan
Mortgage Corporation.
NOTE
A written agreement and promise from the borrower(s) to pay a definite
sum of money at a stated interest rate during a specified date and term.
The note contains a description of the collateral and conditions under
which the loan is to be repaid.
O
Obsolescence
Impairment of desirability and usefulness of the property resulting
from economic, functional, physical, fashion, or other changes.
Offer
A promise to act in a certain manner provided the other party will
act in the manner requested.
Offeree
One to whom an offer is made.
Offeror
One who makes an offer.
Original
Value
Lesser of the sales price or the appraised value of the property at
the time of closing.
Origination Fee
The fee charged by a lender to prepare loan documents, make credit checks,
inspect and sometimes appraise a property; usually computed as a percentage
of the face value of the loan. Origination fees are paid by the
lender or included in the loan as part of the closing
costs. Lender's can also charge an origination fee to the
borrower, when funding the mortgage with a table
lending mortgage broker. Origination fees are considered tax
deductible points.
Outstanding
Debt to Consolidate
The total amount of all debt the borrower desires to payoff and consolidate
into one loan and monthly payment.
Owner Financing
A purchase in which the seller provides all or part of the financing.
P
PAM - See Pledged Account Mortgage
Party
Wall
A wall erected on a line between adjoining properties for the use of
both properties.
Patent
An instrument of conveyance of land owned by the government to an
individual.
Payment Cap - see Cap
for typical cap types
A limit on the amount that the monthly payment can increase. A
periodic cap limits the amount of the increase at each adjustment period.
A lifetime cap limits the amount that the monthly payment can increase
during the term of the loan. A potential peril of payment caps
is negative amortization. In the case of
an adjustable-rate mortgage with a payment cap, rising interest rates
may cause the loan payment to be insufficient to cover even the interest
portion of the scheduled payment. In this case, the unpaid interest
may be added to the mortgage loan principal, if the loan agreement permits.
Payment
Schedule
A schedule detailing the amount and due date of payments required to
be paid over the life of the loan. The dollar figures represent
principal, interest and private mortgage insurance (if applicable).
This schedule does not reflect payment for taxes and insurance.
Periodic
Cap - see Cap
The periodic interest rate cap is the maximum amount the loan rate
can change on an adjustable-rate mortgage loan on the anniversary date.
ARM loan rates are often reset once a year after an initial one, three,
or five year period. A lifetime cap often exists that limits the
maximum loan rate that can be charged.
Personal
Property
Generally, all things which are not real property; things of a temporary
or movable nature.
Piggyback
Loan
A loan in which the buyer takes a first mortgage to finance part of
the value of the property and a second mortgage to finance another part
of the value. For example, a buyer could put 10% down, then take out
a first mortgage for 80% of the home's value and second mortgage for
the remaining 10% of its value. The two mortgages together are called
a piggyback loan.
PITI - See Principal, Interest, Taxes and
Insurance. Also called monthly housing expense.
Planned
Unit Development (PUD)
A type of ownership where individuals actually own the building or unit
they reside in, but shared areas are owned jointly with the other members
of the development or established association.
Pledged
Account Mortgage (PAM)
Money is placed in a pledged savings account and this fund plus earned
interest is gradually used to reduce mortgage payments.
PMI
- See Private Mortgage Insurance
Points
Points are also called discount points, mortgage points, loan discount
points, loan origination fees, or maximum loan charges. Points
are prepaid interest assessed at closing by the lender and or the broker.
A point is equal to 1 percent of the loan amount. Lenders consider mortgage
points as interest that you pay in advance. As a result, the more
points you pay when you close the loan, the lower your interest rate.
The IRS considers points to be a form of prepaid interest. Discount
fees are totally tax deductible for the year the loan is closed for
tax purposes, while origination points are tax deductible over two years
(half for the year the loan is closed, and half in the year following).
Power
of Attorney
A legal instrument which authorizes another person to act, either a
specific act or generally, in the stead of the person drawing the instrument.
Prepaid
Finance Charge - See closing
costs
Prepaid
interest
Prepaid interest is the interest that you pay the lender in advance
for the number of days from closing until the end of the month.
This is the most common usage of prepaid interest. Analyzers that
calculate prepaid interest assume the loan closing date is the midpoint
of a 30-day month. As a result, prepaid interest is calculated
for 15 days. The IRS recognizes points that you pay at loan closing as tax deductible prepaid
interest.
Prepayment
A prepayment is an amount paid in advance of its due date.
Money paid in addition to required monthly payment, is applied toward
principle balance, which reduces total interest expense and shortens
the loan term. Try our Amortization Calculator
to see what an extra payment does to your loan balance and remaining
term.
Prepayment Penalty
Money charged for an early repayment of debt.
Primary
Borrower
An individual who is listed first on the mortgage loan application and
is considered to be the primary borrower. Some lenders allow a
non-occupying co-borrower or co-signor to be on the application. In
this case, the borrower occupying the property will need to be the primary
borrower.
Primary Home
A property that the owner intends to occupy and will be their primary
residence.
Primary Residence
A home which the borrower intends to occupy as the principal residence.
Principal Balance
Principal is the outstanding balance due on a debt, |