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393 Cards in this Set

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2-1 Buydown

A graduated payment buydown where the payments are subsidized for only two years, usually 2% the first year and 1% the second year.

3/7/3 Rule

A provision of the TILA related to required disclosures and waiting periods. Initial disclosure to be delivered within 3 business days of applying; earliest to close a loan is the 7th business day after disclosures are provided; a 3 business-day waiting period imposed after borrower receives re-disclosures before a loan can close.

3-2-1 Buydown

A graduated payment buydown where the payments are subsidized for 3 years, usually 3% the first year, 2% the second year, and 1% the third year.

Abstractor

A person who prepares a summary (or abstract) of public records relating to title to a specific parcel of land.

Accelerate

Making a loan come due faster by having all payments become due immediately.

Acceleration Clause

A contract clause that gives the lender the right to declare the entire loan amount due immediately because of borrower's default, or other reasons as stated in the contract.

Acceptance

1. Agreeing to the terms of an offer to enter into a contract, thereby creating a binding contract 2. Taking a delivery of a deed

Acknowledgement

When a person who has signed a document formally declares to an authorized official (usually a notary public) that he or she signed voluntarily. The official certifies that the signature is voluntary and genuine.

Acquisition Cost

The purchase price of a property, plus allowable buyer paid closing costs.

Act

A law enacted by a legislative body like the US Congress

Adjustable Rate Loan

A loan made by savings and loan associations similar to an adjustable rate mortgage. Also called ALM.

Adjustable Rate Mortgage

(ARM) A mortgage that permits the lender to periodically adjust the interest rate to reflect fluctuations in the cost of money.

Advancement

An improvement in one's employment position, given as a reason for changing employers (as opposed to job hopping for no reason).

Advertisements

Any public notification of property being offered for sale, which must follow guidelines of Reg Z of the TIL Act.

Advertising

Required notification of foreclosure sale, notifying the public of the date and time of the sale, for 3 consecutive weeks in a general circulation newspaper in the county.

Affiliated Business Arrangement

A situation where a person in a position to refer settlement services or an associate of that person has either as affiliate relationship with or a direct beneficial ownership interest of more than 1% in a provider of settlement services and who then refers business to that provider or in some way influences the selection of that provider.

Agreement

An agreement between two or more parties to do, or not to do, a certain thing. The requirements for an enforceable contract are: capacity, mutual consent, lawful objective, and consideration. In addition, certain contracts must be in writing to be enforceable. See also, Contract.

Alienation

The Transfer of ownership or an interest in property from one person to another, by any means.

Alienation Clause

A contract that gives the lender certain stated rights when there's a transfer of ownership in property. ( Often called a due-on-sale clause.)

Alimony

Money paid to an ex-spouse as part of a settlement. Alimony does not have to be revealed as a source of income if its not counted to help repay the loan, but must be revealed as a debt obligation.

Alternative Financing

When real estate is financed with terms or financing concessions, other than those typical for conventional loans.

Amortization

When a loan balance decreases because of periodic installments paid on the principal and interest.

Amortization Schedule

A table or chart that shows the periodic payments, interest and principal requirements, and unpaid loan balance for each period of the life of the loan.

Amortize

To calculate payments to pay off a debt by periodic installments, with payments going to pay principal and interest.

Amortized Loan

Loan with payments applied to principal and interest.

Annexation

The legal term for attaching or affixing personal property to real property.

Annexer

The person who owned the item as personal property and brought it onto the real property.

Annual Percentage Rate

(APR) Relationship between the cost of borrowing and the total amount financed, represented as a percentage.

Appraisal

An estimate or opinion of the value of a piece of property as of a certain date. Also called valuation.

Appraisal Management Company

A business entity that - for a management fee - administers a network of certified and licensed appraisers to fulfill real estate assignments on behalf of mortgage lending institutions.

Appurtenances

Rights that go with real property.

Area Median Income (AMI)

Midpoint in the family-income range for a specific statistical area. The figure often is used as a basis to stratify incomes into low, moderate and upper ranges. These figures are adjusted for a family size and calculated annually by the U.S. Department of Housing and Urban Development (HUD) for every region in the country.

Arm's Length Transaction

A transaction occurring under typical market conditions with each party acting in his or her own best interests.

Assemblage

Combining two or more parcels of land into one large parcel.

Assessments

Taxes levied only against properties that benefit from a public improvement.

Assets

Items of value; usually items owned by a borrower.

Assign

1. To transfer a right or interest to another. 2. When a tenant transfers his or her right of possession, or other interest in leased property, to another person for the entire remainder of the lease term.

Assumable

Any loan for which an assumption may be exercised.

Assumption

When one party takes over the responsibility for the loan of another party and the terms of the loan or note remain unchanged.

Attachments

Things connected to the land, whether natural or man-made.

Attestation

When witnesses sign a legal document to affirm that the parties' signatures are real; the act of witnessing the execution of a legal document.

Automated Underwriting

Process where loan applicant information is entered into a computer and an evaluation comes back within minutes advising the lender to accept the loan, or refers the loan application for further review.

Automated Valuation Models

Computer programs that are able to provide a probable value range for properties by performing a statistical analysis of available data. Also referred to as AVMs.

Balance

When there are slightly more homes available than buyers.

Balloon Payment

A final payment at the end of a loan term to pay off the entire remaining balance of principal and interest not covered by payments during the loan term.

Basis Point

A unit that is equal to 1/100th of 1% and is used to denote the change in a financial instrument, commonly used for calculating changes in interest rates. The relationship can be summarized as 1% change = 100 basis points

B-C Credit

Refers to credit condition of people with less than perfect credit or serious blemishes on their credit report. Also used to refer to Subprime Loans.

BEACON Score

Credit scoring where a number from 300-900 is assigned to a consumer's credit history. the lower the score, the greater the risk of default. Above 660 is an acceptable risk, 620-660 is a marginal risk, below 620 is a high risk. Another type of credit score is FICO Score.

Beneficiary

One who receives a benefit; refers to the lender in a trust deed.

Bill Consolidation

Borrowing a larger sum of money to pay off many smaller debts.

Bi-Weekly Mortgage

A fixed-rate mortgage, similar to a standard mortgage, but with payments made every two weeks instead of every month, thus making an extra payment each year.

Blanket Mortgage

1. Mortgage that covers more than one parcel of real estate. 2. Mortgage that covers an entire building or development, rather than individual unit or lot.

Blockbusting

The illegal practice of inducing owners to sell their homes by suggesting that the ethnic or racial composition of the neighborhood is changing, with implication that property values will decline as a result. Also called panic selling and panic peddling.

Board of Governors

A 7 member committee that controls the Federal Reserve System. Also called the Federal Reserve Board, or Fed.

Bond-Type Securities

Mortgage backed securities issued by Ginnie Mae, which are long term, pay interest semi annually, and provide for repayment at a specified date.

Bonuses

Money paid to someone in addition to his or her regular salary and may only be counted as income if consistent.

Boot

Unlike properties added to a deal to balance the value and are taxable as part of an exchange.

Bridge Mortgage

A mortgage that occurs between the termination of one mortgage and the commencement of another. When the next mortgage is taken out, the bridge is repaid.

Building Codes

Rules the set construction standards, requiring builders to use particular methods and materials.

Bundle of Rights

All real property rights conferred with ownership, including the right of use, the right of enjoyment, and the right of disposal.

Business Cycles

General swings in business activity, resulting in expanding or contracting activity during different phases of the cycle.

Buydown

Additional funds in the form of points paid to a lender at the beginning of a loan to lower the interest rate and monthly payments.

Buyer's Market

A situation in the housing market where buyers have a large selection of properties from which to choose.

Call Provision

Clause that lets lenders demand full payment of a loan immediately. Also referred to as call a note.

Cancellation

Terminating an obligation, such as when a note is cancelled after payment, or when PMI is cancelled after certain conditions are met.

Capital Gain

Profit made from an investment.

Cash Flow

Money available to an individual after subtracting all expenses.

Cash-Out Mortgage

A mortgage that a borrower gives to lenders so that the borrower can get cash for the equity that has built up in property. (home equity loan taken out for a non house purpose, or an investor trying to recoup money invested in fixing up a property)

Certificate of Eligibility

A certificate issued by the Department of Veterans Affairs to establish status and amount of a veteran's eligibility to qualify for loan gaurantee.

Certificate of Reasonable Value (CRV)

A document issued by the VA which states the value of the subject property based on an approved appraisal. The VA loan amount cannot exceed the CRV.

Chain of Title

Chain of deeds passing title for land from owner to owner.

Character

Stability in job and responsibilities such that, even with setbacks, financial obligations will be honored by the borrower.

Child Support

Money paid to the parent or guardian of children as part of a divorce settlement. Child support does not have to be revealed as a source of income if its not counted to help repay the loan, but it must be revealed as a debt obligation.

Civil Law

The body of law concerned with the rights and liabilities of one individual in relation to another.

Civil Rights

Fundamental rights guaranteed to all persons by the law. The term is primarily used in reference to constitutional and statutory protections against discrimination based on race, religion, sex, or national origin.

Civil Rights Act of 1866

Federal law prohibiting public and private racial discrimination in any property transaction in the US.

Civil Rights of 1968

Federal law prohibiting discrimination based on race, color, religion, sex, national origin, disability, or family status. Also called title VIII of Federal Fair Housing Act.

Clause

A paragraph or section of a contract or other document that defines or assigns specific rights and duties to the parties involved.

Clear Title

Property for which the seller has clear title, free of mortgages of other liens.

Clear to Close

All of the conditions necessary to make the loan have been satisfied and the lender gives the final approval to schedule the closing.

Closing

The final stage in a real estate transaction where ownership of real property is transferred from the seller to buyer according to the terms and conditions set forth in a sales contract or escrow agreement.

Closing Costs

Expenses incurred in the transfer of real estate in addition to the purchase price.

Closing Statement

A document that presents detailed accounting for a real estate transaction, listing each party's debits and credits and the amount each will receive or be required to pay at closing.

Clouds on the Title

Encumbrances or outstanding claims that could affect the owner's title; problems or uncertainties with a title to real property.

Co-Borrower

A person who signs a note or other debt obligation with another party and thus accepts joint obligation to repay the note.

COFI

Cost Of Funds Index is an index that reflects the cost of borrowing money as per the 11th District Federal Home Loan Bank. This index is used by Fannie Mae when purchasing ARM loans.

Collateral

Property pledged as security for a debt

Commercial Banks

Financial institutions that provide a variety of financial services.

Commercial Real Estate Lenders

Lenders who loan money for commercial real estate projects.

Commissions

The compensation paid to someone in lieu of, or in addition to, regular salary. Commissions may be a flat rate or percentage of sale price, but can only be counted as income if they are consistent.

Community Reinvestment Act

(CRA) Federal law emphasizing that regulated financial institutions have a continuing obligation to help meet the credit needs of the local communities in which they operate, especially in low-income neighborhoods.

Co-Mortgagor

A person who signs a mortgage with the primary mortgagor and thus accepts a joint obligation to repay the loan. Also called a Co-borrower or Co-Signer.

Comparables

Other similar properties that have sold recently in a certain area.

Condominium

A property developed for co-ownership, where each co-owner has a separate interest in an individual unit, combined with an undivided interest in common areas of the property. Compare to Cooperative.

Condominium Loan

The FHA-insured loan program for condominiums, available only for FHA qualified, single family condos. The borrower must meet all FHA qualifying standards and property cost must not exceed the maximum FHA mortgage amounts. Also called Condominium FHA Loan Program. See Section 234(c) FHA Loan

Confirmation of Sale

A document filed by the court finalizing the sale of property at foreclosure, and after which time the equitable right of redemption is no longer available to the original defaulting borrower.

Conforming Loans

Loans that meet Fannie Mae/Freddie Mac standards and which can be sold on the secondary market. Compare to Nonconforming Loans.

Conformity

Value characteristic that says a particular home achieves its maximum value when its surrounded by homes similar in style and function. Conformity applies to neighborhoods as well.

Consideration

Anything of value, such as money, services, goods, promises, given to induce another to enter into a contract. Sometimes called valuable consideration. Consideration for an option is money.

Construction Mortgage

A temporary loan used to finance the construction of a building on land. replaced with a takeout loan.

Contingency Clause

A provision in a contract, deed, law, regulation, guideline, etc., that makes the parties' rights and obligations depend on the occurrence, or non-occurrence, of a particular event.

Contingent Interest

A term used to describe the lenders share of the appreciation paid on a shared appreciation mortgage (SAM) loan or other participation plan loan.

Contract Escrow

An approach used to ensure that payments are made on an existing mortgage, whereby an escrow account or servicing agreement is set up. Buyer makes payments into the escrow account; escrow agent then pays the existing mortgage and passes the surplus money to seller. Often used for land contracts with existing mortgages.

Contribution

A value theory that says a particular item or feature of a home is only worth what is actually contributes in value to the property.

Contributory Value

The actual amount that a particular item or feature of a property actually adds in value.

Conventional Financing

When real estate is paid for or financed with a conventional loan.

Conventional Loan

Loan not insured or guaranteed by a government entity.

Conventional Mortgage

A loan that is not insured or guaranteed by a government entity.

Conversion Option

A right the borrower has to convert from an ARM to a fixed-rate mortgage one time during the loan term, provided certain conditions are met.

Convertible

Able to be changed or converted; such as with an ARM loan where the borrower can change from a variable rate to a fixed rate. Often stated in a conversion option clause.

Conveyance

The transfer of title to real property from one person to another by means of a written document, such as a deed.

Cooperative

A building owned by a corporation, where residents are shareholders in the corporation; each shareholder receives a proprietary lease on an individual unit and has the right to use common areas.

Cost Inflation

An increase in the cost of goods or services. Compare to Demand Inflation.

Cost of Money

The interest rate people or businesses pay to use another's money for their own purposes.

Coupon Rate

The interest rate stated in a note. Also called Nominal Rate or Note Rate.

Covenant

1. A contract 2. A promise

Credit

The availability of money; the ability to borrow money.

Credit History

A persons record of debt repayment detailing how a person paid credit accounts in the past.

Credit Report

A listing of a borrowers credit history, including amount of debt, record of repayment, job info, address info, etc.

Credit Scoring

A means by which the lender makes certain determinations regarding the creditworthiness of potential borrowers. This involves a lender assigning specified numerical values to different aspects of a borrower.

Credit Unions

Financial Institutions that are a type of cooperative organization where members share something in common, pool their deposits together, pay members better interest rates, and loan money to fellow members.

Creditor

A person or other entity, such as a bank, who is owed a debt.

Dealer

A person who holds property for the sole purpose of reselling it.

Debit

A sum of money that is owed.

Debt

Recurring monetary obligation that cannot be cancelled.

Debt Service Ratio

The relationship of a borowers total monthly debt obligations, including housing and long term debts with more than ten payments remaining, to income, expressed as a percentage.

Debtor

A person or other entity who owes money to another.

Declining Market

A somewhat vague term used generally to describe areas where home prices are going down, due to any number of factors.

Deed in Lieu of Foreclosure

Deed given by borrower to lender to satisfy a debt, avoiding foreclosure. Also called Voluntary Conveyance.

Deed of Trust

An instrument held by a third party as security for the payment of a note. Also called a Trust Deed. Like a mortgage, it creates a voluntary lien on real property to secure repayment of a debt.

Deed Restrictions

Limitations on real property use, imposed by a former owner through language included in the deed. Also called restrictive covenants.

Default

Failure to fulfill an obligation, duty, or promise, as when borrower fails to make payments, tenant fails to pay rent, pr party fails to perform a contract. Mortgage, note, or other document defines what constitutes default.

Defeasance Clause

1. Used to defeat a cancel a certain right upon the happening of a specific event 2. Used to give a borrower the right to redeem real estate after default on a note by paying the full amount due plus fees and court costs 3. Used in title theory states, whereby a mortgagee agrees to deed property back to the mortgagor after all contract terms have been performed as agreed.

Defense

Reasons used to justify certain actions such as non-payment of a note.

Deferment

Permission to delay fulfillment of an obligation until a later date.

Deferred Interest

Accrued interest that is not paid by regularly scheduled payments: interest that is accumulated during payment periods but is not paid until a later date. This can be an element of ARMs and may cause negative amortization to occur.

Deficiency Judgement

A court order stating that the debtor owes money to the creditor when the collateral property does not bring enough at foreclosure sale to cover the entire loan amount, accrued interest, and other costs.

Deficit Spending

When the government spends more money than it takes in from tax revenue.

Delayed Exchange

When value in a property is traded for a value in another property. Properties must be of like kind, held for use in trade or business, or as investment to qualify for tax deferment. An equity exchange can also be a delayed exchange, with a promise to provide a replacement property. To qualify for tax deferment, the replacement property must be located within 45 days and closed within 180 days of the first exchange.

Demand Deposits

Money that is immediately accessible and a customer may elect to withdraw from the bank at any time.

Demand Inflation

Too much money chasing too few goods.

Department of Veterans Affairs

Federal agency that oversees programs for veterans of the US armed services, including the Veterans Benefits Administration and Veterans Health Administration.

Deposit

1. Money offered as an indication of good faith regarding the future performance of a purchase agreement. Also called earnest money. 2. A tenants security deposit.

Depreciate

To decline in value

Depreciation

1. A loss in property value for any reason. 2. For taxes, the expensing of the cost of business or investment property over a set number of years, determined by IRS to be an asset's useful life.

Derogatory Credit

Credit history showing previous problems in meeting financial obligations.

Desktop Underwriter (DU)

An electronic system that puts lenders in direct contact with Fannie Mae, providing a streamlined process of document submission, underwriting, and loan approval.

Direct Endorsers

Lenders authorized to underwrite their own FHA loan applications and who are responsible for the entire loan process through closing.

Disability Payments

Payments made as a result of an injury, illness, or other infirmary. The payments may be permanent if the disability is permanent, and thus may be counted as part of stable monthly income.

Disclosure Statement

A document required by law that reveals specific information. For example, federal law requires that lenders give buyers a disclosure statement detailing the actual cost of borrowing money from the lender. See GFE.

Disclosures

Points or facts that must be revealed. For example, the law requires certain financial disclosures, specific disclosures for ARMs, and disclosures under the TIL Act.

Discount

The difference between the stated amount of an obligation and the amount paid.

Discount Points

An amount paid to a lender when a loan is made to make up the difference between the current market interest rate and the rate a lender gives a borrower on a note. Discount points increase a lenders yield, allowing the lender to give a borrower a lower interest rate, Also referred to as discounts or points.

Discount Rate

The interest rate charged by the Federal Reserve Banks on loans to member commercial banks. Also referred to as Federal Discount Rate.

Discrimination

Violating civil rights law by treating people unequally because of their race, religion, sex, national origin, age, or some other characteristic of a protected class.

Disintermediation

The loss of deposits to competing investments that offer higher returns.

Disparate Impact

When a law that isn't discriminatory on its face has an adverse impact on a minority group.

Do Not Call Registry

National registry managed by the Federal Trade Commission that limits commercial telemarketers from phoning consumers who place their phone numbers on a list.

Dower

A special real property interest the law gives in many states as a statutory life estate to a spouse when a married person owns real property.

Down Payment

The amount of money a buyer pays to obtain a property in addition to the money that the buyer borrows.

Drive-by Appraisal

An appraisal performed according to ASPAP guidelines, but with only an exterior inspection of the subject property.

Due on Sale Clause

Mortgage clause that prohibits assignment by making the entire mortgage balance due when property is sold.

Durability

(of stable monthly income) The likelihood or probability that a person's source of income will continue into the future

Earnest Money

Money offered as an indication of good faith regarding the future performance of a purchase agreement.

Earnest Money Agreement

A contract in which a seller promises to convey title to real property to a buyer in exchange for the purchase price.

Easement

A right to use another persons real property for a particular purpose.

Easy Qualifier Loan

A conventional loan with a LTV ratio of 75% or less; a loan where lenders require the same documentation as other conventional loans, but relax qualifying standards due to increased equity the borrower is putting into the home. Lenders view this loan as less risky since borrower has more to lose and lenders can more easily recoup 75% of a homes value in foreclosure.

ECOA

Federal law that prohibits discrimination in granting credit to people based on sex, age, marital status, race, color, religion, national origin, or receipt of public assistance.

Economic Base

The main business or industry that a community uses to support and sustain itself. A good economic base is critical for home values.

Effective Demand

When a prospective buyer has enough disposable income available to satisfy his or her needs or desires, Also called purchase ability.

EIS

(Environmental Impact Statement) Study required for all federal and federally related projects by the National Environmental Policy Act, which details a development projects impact on energy use, sewage systems, drainage, water facilities, schools, and other environmental, economic, and social areas.

Elements of Comparison

Any aspect of a property that causes a difference in value.

Eligibility for VA Loans

A certificate issued by the Department of Veteran's Affairs to establish status and amount of a veterans eligibility to qualify for loan guarantee.

Eminent Domain

The governments constitutional power to take private property for public use, as long as the owner is paid just compensation.

Encroachment

A physical object intruding onto neighboring property, often due to a mistake regarding the boundary.

Encumbered Property

Property with mortgages, liens, or other restrictions against it that prevent or restrict its transfer.

Encumbrance

A non-possessory interest in property; a lien, easement, or restrictive covenant burdening the property owner's title.

Entitlement

The dollar amount of loan guarantee to which an eligible veteran is entitled.

Equitable Lien

Written contract or court judgement placing lien on property as collateral for a loan.

Equitable Right of Redemption

The right of a debtor to redeem property from foreclosure proceedings prior to confirmation of sale.

Equitable Title

An interest created in property upon the execution of a valid sales contract, whereby actual title is transferred by deed at a closing. the buyers interest in property under a land contract. Also called equitable interest.

Equity

The difference between market value of a property and the sum of the mortgages and liens against it.

Equity Exchange

When value in a property is traded for value in another property. Properties must be of like kind, held for use in trade or business, or as investment to qualify for tax deferment. An equity exchange can also be a delayed exchange, with a promise to provide a replacement property. To qualify for tax deferment, the replacement property must be located within 45 days and closed within 180 days of the first exchange.

Equity Participation Mortgage

A mortgage that lets the lender share part of the earnings, income, or profits from a real estate project.

Escheat

When property reverts to the state after a person without a valid will and without heirs dies.

Escrow Closing

A closing by a disinterested third party, often an escrow agent.

Escrow Instructions

The contract that authorizes an escrow agent to deliver items deposited in escrow once the parties have complied with specified conditions. This can be the purchase contract for real estate or a separate document.

Escrows

Prepayable expenses the lender requires a borrower to set aside prior to closing.

Estate

A possessory interest in real property.

Estimated Closing Costs

An approximation of the amount of money a borrower will need to buy a particular property.

Estoppel

A legal doctrine that prevents a person from asserting rights or facts that are inconsistent with earlier actions or statements when he or she failed to object or attempt to stop another person's actions.

Estoppel Letter

A lenders written consent to a sale acknowledging the transfer and waiving any right to accelerate the loan because of the sale.

Exclusionary Zoning

A zoning law that effectively prevents certain groups, such as minorities or the poor, from living in a particular community.

External Obsolescence

Any influence that falls outside the actual property site and negatively affects a property's value.

Fair and Accurate Credit Transaction Act

FACT Act Amendment to the federal Fair Credit Reporting Act intended primarily to help consumers fight the growing crime of identity theft; includes provisions for fraud alerts and credit freezes.

Fair Credit Reporting Act

FCRA Federal law dealing with the granting of credit, access to credit information, the rights of debtors, and the responsibilities of creditors.

Fair Market Value

The price a property would sell for on the open market.

Familial Status

A protected class under the Federal Fair Housing Act and many state Civil Rights Laws, making it illegal to discriminate against a person because he or she is the parent or guardian of a child younger than 18 years of age.

Fannie Mae

The nations largest, privately owned, investor in residential mortgages. Federal National Mortgage Association.

Farmers Home Administration

(FmHA) Former name of the program now called Rural Economic Community Development (RECD)

FDIC

Federal Deposit Insurance Corporation. A public corporation, established in 1933, that insures up to $100,000 for each depositor for most member commercial banks and S & Ls. FDIC has its own reserves and can also borrow from the US Treasury.

Fed Funds Rate

The Federal Reserve's target for short-term interest rates.

Federal Advisory Council

A body of 12 members, elected one each by the 12 Federal Reserve Banks as district representatives. They meet quarterly with the Board of Governors to discuss business conditions and make policy recommendations.

Federal Budget Deficit

When federal government income is less than its expenditures.

Federal Discount Rate

The interest rate charged to banks by the Federal Reserve on loans to member commercial banks.

Federal Fair Housing Act

Common name for Title VIII of the Civil Rights Act of 1968.

Federal Funds Rate

The Federal Reserves target for short-term interest rates.

Federal Home Loan Mortgage Corporation

(Freddie Mac) Nonprofit, federally chartered institution (now privately owned) that functions as buyer and seller of residential mortgages.

Federal Housing Administration

(FHA) Government agency that insures mortgage loans.

Federal Housing Finance Agency

(FHFA) Government agency that merged the powers and regulatory authority of the Federal Housing Finance Board (FHFB) and the Office of Federal Housing Enterprise Oversight (OFHEO), as well as the GSE mission office at the Department of Housing and Urban Development (HUD); the conservator of Fannie Mae and Freddie Mac.

Federal Open Market Committee

(FOMC) A body that controls the Fed's sale and purchase of government securities. The FOMC consists of the seven members of the Federal Reserve Board, plus the President of the Federal Reserve Bank of New York, and four other Federal Reserve Bank presidents.

Federal Regulations

Laws enacted by the federal government

Federal Reserve Banks

Banks that provide services to financial institutions, which have one main office in each Federal Reserve district. All nationally chartered commercial banks must join the Federal Reserve and buy stock in its district reserve bank.

Federal Reserve Board

( the Fed) the body responsible for US monetary policy, maintaining economic stability and regulating commercial banks. Also referred to as Board of Governors.

Federal Reserve System

Established by the Federal Reserve Act of 1913 with 12 Federal Reserve Banks as a lender of last resort.

Fee at Closing

Refers to a PMI payment due at closing.

Fee Simple

The greatest estate one can have in real property. It is freely transferable and inheritable, and of indefinite duration, with no conditions on the title.

Fiduciary Deeds

Deeds executed by a trustee, executor, or other fiduciary, conveying property the fiduciary doesn't own but is authorized to manage.

Fiduciary

Person in a position of trust, held by law to high standards of good faith and loyalty.

Finance Companies

Financial Institutions that specialize in making higher risk loans at higher interest rates.

Finance Instrument

A written document used in the borrowing or lending of money. The most common type is a promissory note.

Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA)

A federal law passed in 1990 in response to the crisis in the savings and loan industry. It revised the regulation of thrifts (S&Ls) and created several new agencies, such as Office of Thrift Supervision (OTS) and Resolution Trust Corporation (RTC)

Financial Statement

A document that shows assets and liabilities for an individual, covering a specific period of time or a specific point in time.

Financing Statement

A brief document that, when recorded, gives constructive notice of a creditor's security interest in an item of personal property.

Financing Tools

Alternative financing methods that can help a borrower get approved for a loan more easily or with less of a down payment.

Finder's Fee

A referral fee paid for directing a buyer or seller to a certain company or provider.

First Lien Position

The spot held by the lien with the highest priority when theres more than one mortgage or other debt or obligation secured by the property.

First Mortgage

A security instrument with a first lien position, meaning the first mortgage holder is paid first from a foreclosure sale. One exception is a tax lien on the property, which always takes first lien position.

Fiscal Policy

The government's plan for spending, taxation, and debt management.

Fixed Disbursement Plan

A type of construction mortgage payout schedule where a percentage of funds is paid at a set time.

Fixed Rate Loan

Loan with a constant interest rate remaining for the duration of the loan.

Fixed Term

A period of time with a definite ending date.

Fixtures

Man-made attachments.

Flipping

Defined by Fannie Mae as the process of purchasing existing properties with the intention of immediately reselling them for profit.

Foreclosure

When a lienholder causes property to be sold, so unpaid debt secured by the lien can be satisfied from the sale proceeds.

Foreclosure Actoin

A lawsuit filed by a creditor to begin foreclosure proceedings.

Forefeiture

Loss of a right or something else of value as a result of failure to perform as obligation or condition.

Forward Commitment Purchase Program

Program with a commitment made by Freddie Mac to buy mortgages for 6 to 8 months, with delivery of mortgages at the option of the seller.

Fraud

An intentional or negligent misrepresentation or concealment of a material fact; making statements that a person knows, or should realize, are false or misleading.

Freddie Mac

(Federal Home Loan Mortgage Corporation) Nonprofit, federally chartered institution (now privately owned) that functions as buyer and seller of residential mortgages.

Freehold Estate

A possessory interest of uncertain duration; it may end, but no one knows when.

Freely Transferable

When the lender or creditor can obtain immediate cash by selling the note (e.g., when real estate notes are sold to the secondary market).

Frontage

The dimension across the access side of a parcel of land. When referring to lot size, frontage is the first number. For example, if a lot size in 150' x 100', the frontage is 150'.

FSLIC

The Federal Savings and Loan Insurance Corporation, which formerly provided insurance to S & Ls, but was abolished in 1990 with the passage of FIRREA. S & L deposit insurance is now provided by FDIC.

Fully Amortized Loans

Loans where the total payments over the life of the loan pay off the entire balance of principal and interest due at the end of the loan term.

Fully Amortized Note

A note that calls for regular payments of principal and interest, calculated to pay off the entire balance of the loan by the end of the loan term.

Fully Amortized Second Mortgage

A second mortgage that is a fully amortized loan.

Functional Obsolescence

Loss in property value resulting from changes in tastes, preferences, or market standards.

Funding Fee

A fee charged on VA-guaranteed loans in place of mortgage insurance.

Garnishment

Legal process by which a creditor gains access to a debtor's personal property or funds in the hands of a third party. If a debtor's wages are garnished, the employer pays part of them directly to the creditor.

GEM

Growth Equity Mortgage. A fixed rate mortgage set up like a 30-year conventional loan, but payments increase regularly like an ARM. Also called a Rapidly Amortizing Mortgage.

General Brochure

A booklet lenders are required to give loan applicants under Reg Z of the TIL Act. A lender may comply with this by giving potential borrowers Consumer Handbook on ARMs prepared by the Federal Reserve and the Federal Home Loan Bank Board.

General Lien

A lien that attaches to all of the debtors property.

General Partner

A partner who has unlimited liability for the obligation of a partnership.

General Partnership

Voluntary association of two or more people as co-owners in a for-profit organization.

General Real Estate Tax

An annual tax levied on the value of real property.

Ginnie Mae

Government National Mortgage Association. Government-owner corporation that guarantees payment of principal and interest to investors who buy its mortgage backed securities on the secondary market.

GLA

Gross Living Area. Residential space that's finished, heated, and above grade. Garages, finished basements, and storage areas don't count in GLA.

Good Faith Estimate

GFE. The lender's estimate of closing costs the borrower must pay for a real estate loan. The lender must give this to the borrower within three business days of loan application is made.

Government Financing

Real estate loans that are insured, guaranteed, or in some other way sponsored by government programs on the federal level. Traditionally, this does not refer to involvement of the government in the secondary market.

Government Sponsored Enterprise

GSE. A group of financial services corporations created by the United States Congress to enhance the flow of credit to targeted sectors of the economy and to make those segments more efficient and transparent.

GPM

Graduated Payment Mortgage. Payment structure that allows the borrower to make smaller payments in the early years of the mortgage, with payments increasing on a scheduled basis at a predetermined point until they are sufficient to fully amortize the loan over the remainder of its term.

Graduated Payment Buydown

A temporary buydown plan where payment subsidies in the early years of a loann keep payments low, but payments increase each year until they're sufficient to fully amortize the loan.

Graduated Payment Loans

The FHA-insured graduated payment loan program, which makes payments lower in the early years of the loan. The borrower must meet all FHA qualifying standards and property cost cannot exceed maximum FHA mortgage amounts.

Graduated Payment Term

The number of years during which payments may be adjusted in a graduated payment mortgage.

Gramm-Leach Bliley Act

Also known as the Financial Modernization Act of 1999, includes provisions in Title V to protect and regulate the disclosure of consumers' personal financial information.

Grantee

Person receiving a grant of real property; the seller in a typical real estate transaction.

Grantor

Person who grants an interest in real property to another; the buyer in a typical real estate transaction.

Gross Income

Income before taxes and other expenses have been deducted.

Guardian

A person appointed by a court to administer the affairs of a minor or an incompetent person.

Hard Money Mortgage

A mortgage where the borrower receives cash

Highest and Best Use

The most profitable, legally permitted, feasible, and physically possible use of a piece of property.

HMDA

Home Mortgage Disclosure Act. A law requiring all institutional mortgage lenders with asset of more than $10 million to make annual reports of all mortgage loans made in a given geographic area where they have at least one office. This law is designed to help the government detect patterns of redlining.

Holder in Due Course

One who acquires a negotiable instrument in good faith and for consideration, and thus has certain rights above the original payee.

HELOC

Home Equity Line of Credit. Available money that can be borrowed by a homeowner, secured by a second mortgage on the principal residence. Home equity lines of credit can be accessed at any time up to a predetermined borrowing limit and are often used for non-housing expenditures.

Home Equity Loan

A loan taken by a homeowner, secured by a second mortgage on the principal residence. Home equity loans are usually a one-time loan for a specific amount of money and obtained for a specific, and often non-housing, expenditure.

Home Mortgage Disclosure Act

A law requiring all institutional mortgage lenders with asset of more than $10 million to make annual reports of all mortgage loans made in a given geographic area where they have at least one office. This law is designed to help the government detect patterns of redlining.

Home Ownership equity Protection Act

Part of Reg Z TIL Act establishing disclosure requirements and prohibiting equity stripping and other abusive practices associated with high cost loans.

HomeValuation Code of Conduct

HVCC. Intended to set standards on solicitation, selection, compensation, conflicts of interest, and appraiser independence with a primary goal of ensuring that real estate appraisers are not coerced in any way into establishing a pre-determined or desired valuation on a property.

Homeowners Protection Act

HPA. Federal law that requires lenders or servicers to provide certain disclosures and notifications concerning private mortgage insurance on residential loan transactions.

Homestead Protection

Limited protection for a debtor against claims of judgement creditors; applies to property of the debtor's residence.

Housing and Economic Recovery Act of 2008

HERA. Major federal law designed to assist with the revitalization of the US housing market; includes provisions related to foreclosure prevention and consumer protections, as well as establishing minimum standards for licensing and registration of mortgage loan originators.

Housing Expense Ratio

the relationship of a borrowers total monthly housing expense to income, expressed as a percentage.

HUD

the Department of Housing and Urban Development; government agency that deals with housing issues.

HUD Uniform Settle Statement

HUD-1 A settlement statement, required under RESPAA, that details all costs associated with closing a loan, showing how much was paid, to what companies or parties, and for what purpose.

Hypothecate

To make property security for a loan without giving up possession of it, as with a mortgage.

Illegal Flipping

Property purchased at a low price, appraised at a high value without valid reason, and resold at the higher price.

Immediate Delivery Program

A Freddie Mac program whereby sellers have up to 60 days to deliver mortgages that Freddie Mac has agreed to buy on the secondary market.

Immobilty

A physical characteristic of real estate referring to the fast that it cant move from one place to another.

Impounds

Prepayable expenses the lender requires a borrower to set aside prior to closing.

Improvement

A major fixture that impacts the value of the property, such as a building.

Incapacity

When someone is not able to sign a note or enter into any other kind of contract

Income

The money one receives from a job, investment, or other skills or capital.

Income Qualifying Standards

The criteria used to evaluate the quality and durability of a borrowers source of income, in conjunction with an assessment of the borrower's housing expense ratio and total debt service ratio.

Income Ratios

The relationship of a borrower's total monthly housing expense to income, expressed as a percentage.

Indemnify

To protect another against loss or damage. to compensate a party for loss.

Independent Contractors

Self-employed individuals paid based on jobs completed rather than hours worked, and who are responsible for setting their own hours and paying their own taxes.

Indestructibility

A physical characteristic of real estate referring to the fact that it cannot be destroyed.

Index

A statistical report that is generally a reliable indicator of the approximate change in the cost of money, and is often used to adjust the interest rate in ARMs.

Indicated Value Range

A range of possible values for a property based on the data analyzed by the appraiser.

Inflation

An increase in the cost of goods or services; or, too much money chasing too few goods.

Initial Premium

The first insurance premium paid for PMI.

Installment Note

A note that calls for periodic payments of principal and/or interest during the term of the note.

Installment Sales Contract

A real estate installment agreement where a buyer makes payment to a seller in exchange for the right to occupy and use property, but no deed or title transfers until all, or specified portion of, payments have been made. Also called land contract, installment sales contract, real estate contract, and other names.

Instrument

Any document that transfers title (such as a deed), creates a lien ( such as a mortgage), or gives a right to payment ( such as a note or contract).

Insurance Companies

Institutions with large sums of stable, long-term investment capital, looking for high return investments, such as long-term commercial real estate projects; investors in secondary mortgage markets.

Interest

A right or share in something, such as a piece of real estate. A charge a borrower pays to a lender for the use of the lender's money.

Interest Only Loan

A loan where scheduled payments only pay accrued interest and not any portion of the principal. A balloon payment equal to the entire principal amount of the loan is due at the end of the loan term.

Interest Only Second Mortgage

A second mortgage that is an interest only loan.

Interest Rate

The rate which is charged or paid for the use of money, generally expressed as a percentage of the principal.

Interest Rate Cap

A limit on the amount of interest rate increase that can occur with an adjustable rate mortgage.

Interest Shortfall

Any accumulated interest accrued, but not collected, through regular payments because of the adjustable rate or guaranteed payment feature of a loan.

Interest Yielding Investments

Investments that pay interest or other dividends as a form of income to the holder or bearer. These earnings may be counted as stable monthly income if the payments are consistent and do not deplete the principal amount of the investment.

Interim Loan

A temporary loan used to finance the construction on a building of a land. replaced with a takeout loan.

Intermediary

A person or institution that originates and/or services on behalf of another party.

Involuntary Alienation

The transfer of an interest in property against the will of the owner, or without action by the owner, occurring through operation of law, natural processes, or adverse possession.

Involuntary Lien

A lien that arises by operation of law without the consent of the property owner.

Judgement Creditor

One who has received a judgement for money from a judgement debtor.

Judgement Debtor

One against whom a judgment has been issued by a court for money owed.

Judicial Foreclosure

A lawsuit filed by a lender or other creditor to foreclose on a mortgage or other lien; a court ordered sheriff's sale of the property to repay the debt.

Jumbo Loans

Loans that exceed the maximum loan amount that Fannie Mae/Freddie Mac will buy, making them nonconforming. As of 2006, the limit is $417,000 on a single family home.

Junior Lienholder

Secured creditor with a lower priority lien than another lien on the same land.

Junior Mortgage

Any mortgage that has a lower lien position than another mortgage.

Junk Fees

Charges assessed to a borrower by a loan originator that serve little if any function and are often hidden in mortgage documents.

Just Compensation

Appropriate or fair value for private land taken by the government for public use.

Land Contract

A real estate installment agreement where a buyer makes payment to a seller in exchange for the right to occupy and use property, bot no deed or title transfers until al, or a specified portion of, payments have been made.

Land Use Controls

Public or private restrictions on how land may be used.

Landlord

An owner who leases property to a tenant. Also called the lessor.

Law of Decreasing Returns

Theory that says that beyond a certain point, added value of a feature, addition, repair, etc., is less that the actual cost of that item. Also called diminishing returns

Law of Increasing Returns

Theory that says that the added value of a feature, etc., is more than the actual cost of that item.

Lease/Option

When a seller leases property to someone for a specific term, with an option to buy the property at a predetermined price during the lease term, usually with a portion of the lease payments applied to the purchase price.

Lease/Purchase

When a seller leases property to someone for a specific term, with the tenant agreeing to buy the property at a set price during or following the lease term.

Leasehold Estate

An interest that gives the holder temporary right to possession of the estate without title.

Lender First and Lender Second

When a lender holds two different mortgages on the same property, often at different interest rates.

Lender's Yield

The total amount of money that can be made from an investment.

Lessee

A person who leases property from another; a tenant.

Lessor

A person who leases property to another; landlord

Level Payment

A buydown plan where the interest rate reduction, and hence the payment, is constant throughout the buydown period.

Liabilities

Financial obligations or debt. Any money that is owed.

LIBOR

London InterBank Offering Rate. An index used by lenders when making ARM loans; the rate (in Euros) that international banks charge each other for loans.

License

A revocable, non-assignable permission to enter another's land for a particular purpose.

Lien

A non-possessory interest in property, giving a lienholder the right to foreclose if the owner does not pay a debt owed to their lienholder; a financial encumbrance on the owner's title.

Lien Priority

The order in which liens are paid out of the proceeds of a foreclosure sale. For example, tax liens always have the highest priority and a first mortgage would have the next highest priority.

Lien Theory States

States where a mortgagee holds only a lien against property (not actual title) until the loan is repaid. The mortgagor holds the actual title.

Life Estate

A freehold estate that lasts only as long as a specified person lives, thus a life estate cannot be willed.

Life Tenant

The holder of a life estate.

Like Kind Property

The same type of property (such as real estate for real estate), as a necessary condition for a tax-free exchange.

Line of Credit Loan

One type of reverse equity mortgage where an elderly homeowner mortgages the home to the bank in exchange for the ability to borrow money up to a maximum number of times or a maximum dollar amount. The line of credit is repaid only when the borrower dies, sells, or moves.

Liquid Assets

Cash and any other assets, such as stocks or bonds, that can quickly be converted to cash.

Loan Application

the form lenders require potential borrowers to complete, listing all pertinent information about the borrower and property.

Loan Flipping

Refinancing a loan over and over.

Loan Prospector

An electronic system that puts lenders in direct contact with Freddie Mac, providing a streamlined process of document submission, underwriting, and a loan approval.

Local Market

When lenders make mortgage loans directly to borrowers. This is also referred to simply as Primary Markets

Location Survey

A survey that determines if a property's buildings encroach on adjoining property, or if any adjoining property's buildings encroach on the subject property.

Long-term

Loans in real estate that have payments spread over 25-20 years.

Lot

A parcel of land; a parcel in a subdivision.

Maintenance Payments

Money paid as part of a divorce settlement. Maintenance payments do not have to be revealed as a source of income if not counted to help repay a loan, but must be revealed as a debt obligation.

Maker

One promising to pay money in a note.

Market Area

Group of houses or properties that shares common characteristics. Also called a neighborhood.

Market Price

The price for which a piece of real estate is actually sold.

Market Value

The most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale.

Marketable Title Record

Unbroken chain of recorded titles going back a set number of years.

Matched Pair Analysis

The process of determining the value of specific property characteristics or features by comparing pairs of similar properties. Also called paired data analysis.

Maximum Guaranteed Amount

The maximum amount that can be guaranteed by a VA loan.

Maximum Mortgage Amount

The maximum amount that can be financed by an FHA loan.

Member Banks

5,000+ commercial banks across the US that are subject to the rules and policies implemented by the Fed.

Merger

The uniting of two or more separate properties by transferring ownership of them all to one person.

Military Eligibility

A certificate issued by the Department of Veteran's Affairs to establish status and amount of a veteran's eligibility to qualify for loan guarantee.

MIP

Mortgage Insurance Premium. The fee charged for FHA mortgage insurance coverage. The initial premium can be financed, and there may be a renewal premium.

Monetary Policy

Means by which government exerts control over the supply and cost of money.

Moral Suasion

Trying to use persuasive influences on the public and financial markets so they will perceive credit in a specific way.

Mortgage Backed Security

MBS. A Fannie Mae security that represents an undivided interest in a group of mortgages. Principal and interest payments from the individual mortgage loans are grouped and paid out to the MBS holders.

Mortgage Banker

One who originates, sells, and services mortgage loans, and usually acts as the originator and servicer of loans on behalf of large investors, such as insurance companies, pension plans, or Fannie Mae.

Mortgage Broker

One who, for a fee, places loans with investors, but typically does not service such loans.

Mortgage Disclosure Improvement Act

MDIA. An amendment to the TIL Act enacted in 2009 that adds additional disclosure requirements, APR tolerances, and waiting periods on closing mortgage loans, as well as limiting fees that can be charged prior to disclosure.

Mortgage Insurance

Insurance offered by private companies (PMI) or the government through the FHA (MIP) to insure a lender against default on a loan by a borrower.

Mortgage Insurance Premium

MIP. The fee charged for FHA mortgage insurance coverage. The initial premium can be financed, and there may be a renewal premium. Also called Upfront Mortgage Insurance Premium. UFMIP.

Mortgage Payment Adjustment Period

The interval at which a borrower's actual mortgage payments change with an ARM.

Mortgage Payment Cap

A limit on the amount of mortgage payment increase that can occur with an adjustable rate mortgage.

Mrs. Murphy Exemption

An exemption to the Federal Fair Housing Act, which holds that the rental of a unit or a room in an owner-occupied dwelling containing four units or less is exempt from the Fair Housing Law, provided rental ads are not discriminatory and a real estate agent is not used to locate tenants. Some states do NOT recognize this exemption.

Mutual Mortgage Insurance Fund

Name of FHA residential mortgage insurance program.

Mutual Savings Banks

State-chartered banks, located mostly in the northeastern US owned by depositors and operated for their benefit. Usually, a large portion of their assets are mortgages.

National Market

The private investors and government agencies that buy and sell real estate mortgages.

Natural Attachments

Plants growing on the land.

Negative Amortization

When a loan balance grows because of deferred interest.

Negative Amortization Cap

A limit on the amount of negative amortization that can occur with an adjustable rate mortgage.

Negligence

Unintentional breach of a legal duty. It's a tort if it causes harm.

Negotiable Instrument

Promissory note or other finance instrument that is freely transferable.

Net and Gross Adjustment Theory

A means of limiting total adjustments that may be made to comparable sales to determine how closely they resemble the subject.

Net Income

Income after expenses.

Net to Seller

An estimate of the money a seller should receive from a real estate transaction, based on a certain selling price after all costs and expenses have been paid.

No Document Loan

A loan where a borrower has good credit, but trouble providing income documentation, so the loan is decided on other merits. these loans may be offered as a lower LTV, and the lender may still require tax returns. Also called Stated Doc or No Doc.

Nominal Rate

The interest rate stated in a note. Also called Coupon Rate or Note Rate.