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IMG's
Glossary of Real Estate Terms
Click any of
the below letters to see definition.
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 complete historical summary of all recorded documents affecting
the title of a designated parcel of real estate.
ACCELERATION
CLAUSE: A provision in a mortgage or note providing that the entire
principal balance shall become immediately due and payable in the
event of default or other predetermined event.
ACKNOWLEDGEMENT:
A formal declaration by a person (notary) that a party did, in fact,
sign a document voluntarily.
ADJUSTABLE RATE
MORTGAGE (ARM): A mortgage instrument in which the interest rate
adjusts periodically according to a predetermined index and margin.
AD VALOREM:
Latin for "According to value." Real Estate taxes are
known as Ad Valorem taxes.
ADVERSE ACTION:
under the Equal Credit Opportunity Act, adverse action occurs when
a completed application is submitted to a lender and the credit
request id denied or not approved for the amount or term requested
by the applicant.
AMORTIZATION
(POSITIVE): Repayment of a debt in periodic installments of principal
and interest resulting in payment in full at the end of the loan
term.
ANNUAL PERCENTAGE
RATE (APR): Total finance charges - including interest, loan fees,
points and other charges - expressed as a percentage of the total
amount of the loan. Under the Federal Truth-In-Lending Act (Regulation
"Z"), the APR must be disclosed to the borrower within
3 business days of receipt of a loan application.
ANTI-COERCION
STATEMENT: A state provision that prohibits a lender from requiring
an applicant to obtain hazard insurance through a particular company.
APPRAISAL: The
act of preparing a report by a qualified appraiser setting forth
an opinion or estimate of value. The most common type of appraisal
for residential properties is the Comparable Sales Approach. Two
other appraisal techniques are the Cost Approach and the Income
Approach. An appraisal is usually ordered by the lender or the Mortgage
Broker.
APPRECIATION:
An increase in property value caused by economic factors; the opposite
of depreciation.
ARREARS: Payment
of an obligation at the end of the period for which it is due or
levied; the opposite of payable in advance. Mortgage interest and
real estate taxes are generally paid in arrears.
ASSESSED VALUE:
The value placed on property for the purpose of taxation.
ASSESSMENT:
A levy placed against property for a special purpose.
ASSIGNEE: The
party who receives an ownership interest in a mortgage.
ASSIGNOR: The
party who transfers an ownership interest in a mortgage.
ASSIGNMENT OF
MORTGAGE: A document that evidences a transfer of ownership of a
mortgage from one investor to another.
ASSUMPTION OF
MORTGAGE: An agreement by a buyer to assume liability on an existing
debt secured by a mortgage with its original terms left intact.
An assumption of mortgage by a buyer does not automatically release
the seller from liability on the accompanying note.
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B
BALANCE SHEET:
A financial statement showing assets, liabilities, and the net worth
as of a specific date.
BALLOON MORTGAGE:
A mortgage with periodic installments of principal and interest
that do not fully amortize the loan. The balance of the mortgage
is due in a lump sum at the end of the term.
BANKRUPTCY:
A condition of financial insolvency in which a person's liabilities
exceed assets and the person is unable to pay current debts. Generally,
a person must wait two years following the discharge of the bankruptcy
to be eligible for a conventional or government backed mortgage
loan. Bankruptcy is reported by most credit agencies for a period
of ten years.
BASIS POINTS:
A unit of measurement used to describe yield. A basis point is 1/100
of 1%. Example: 100 basis points = 1%; 75 basis points = 3/4 %;
50 basis points = ½%.
BINDER: A commitment
to insure; a temporary report effective for a limited time until
a permanent policy is issued. A binder lists all the known liens
and defects affecting the title.
BIWEEKLY MORTGAGE:
A mortgage with payments due every two weeks totaling 26 payments
a year thus reducing the cost of a 30-year mortgage to that of a
23-year mortgage.
BLANKET MORTAGE:
A mortgage lien securing several parcels of property, frequently
used by developers who have purchased a single tract of land intending
to subdivide into individual parcels. The developer normally requires
a "partial release" clause so that individual parcels
can be released from the blanker mortgage as they are sold.
BRIDGE LOAN
(SWING LOAN): Borrowing against the equity of one's present home
to enable the purchase of another home before the existing one sells.
BUY-DOWN: A
cash payment to a lender to reduce the interest rate a borrower
must pay. Buy-downs are usually temporary and help the borrower
qualify at a lower rate.
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C
CERTIFICATE
OF ELIGIBILITY: A document used by the Department of Veteran Affairs
to certify a veteran's eligibility for a VA loan.
CERTIFICATE
OF REASONABLE VALUE (CRV): A VA appraisal.
CHATTEL MORTGAGE:
A mortgage on personal property.
CLOSING: Final
settlement between the buyer and seller; the date of which title
passes from the seller to the buyer.
CLOSING COSTS:
Money paid by the borrower to affect the closing of a mortgage loan.
This normally includes an origination fee, title insurance, survey,
attorney's fees, and prepaid items such as taxes and insurance escrow
payments.
CLOSING STATEMENT:
A financial disclosure accounting for all funds received and expected
at settlement. The HUD-1 settlement statement shows how costs are
allocated between the buyer and the seller. The HUD-1 is not required
if the buyer has no closing costs.
CLOUD ON TITLE:
Any condition that adversely affects the title of real estate or
curtails an owner's rights.
COMMITMENT:
A written promise to make or insure a loan for a specified amount
on specified terms.
CONFORMING LOAN:
A mortgage loan in compliance with the underwriting criteria of
"Fannie Mae" and "Freddie Mac".
CONSTRUCTION
LOAN: A short-term loan where the proceeds are used to finance the
actual construction of a dwelling. The loan is typically made in
partial disbursements called "draws" as construction progresses.
CONSTRUCTION/PERMANENT
LOAN: A loan where the proceeds are used to finance the actual construction
of a dwelling. The loan is typically made in partial disbursements
called "draws" as construction progresses.
CONSTRUCTIVE
NOTICE: The recording of a document or an instrument in the public
records in the county where a property is located that is designed
to give adequate notice to everyone.
CONTINGENCY:
Something that requires completion of a certain act or the happening
of a particular event. Example: financing "contingency"
in a real estate contract.
CONTRACT FOR
DEED (LAND CONTRACT, AGREEMENT FOR DEED, INSTALLMENT SALES CONTRACT):
A method of selling and financing property whereby the buyer obtains
possession but the seller retains the legal title.
CONVENTIONAL
MORTGAGE: A private mortgage loan neither government insured (FHA)
nor government guaranteed (VA).
CONVEYANCE:
The transfer of the title to land from one person or class of persons
to anther.
COVENANT: A
legally enforceable promise or restriction in a mortgage or deed.
CREDIT REPORT:
A report of an individual's credit history prepared by a credit
bureau and used by the lender in determining a loan applicant's
credit worthiness.
CREDIT SCORING:
A numerical measurement that reflects the ability of a borrower
to manage credit.
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D
DEBT SERVICE:
The periodic payment of principal and interest as specified in a
promissory note.
DEED: A written
document that transfers an ownership interest in real property from
a seller (grantor) to a buyer (grantee).
DEED IN LIEU
OF FORECLOSURE: A deed given by a mortgagor to a mortgagee to satisfy
a debt and avoid foreclosure.
DEED OF TRUST:
An instrument used in some states in place of a mortgage. The borrower
conveys legal title to a trustee who holds the title as collateral
for the benefit of a lender and subsequently re-conveys the title
to the borrower upon payment of the debt.
DEED RESTRICTION:
A limitation placed in a deed limiting or restricting the use of
real property.
DEFAULT: Breach
or non-performance of a clause in a note or mortgage which, if not
cured, could lead to foreclosure.
DEFEASANCE CLAUSE:
Upon payment in full to the lender, this clause in a mortgage requires
the lender to "give back" his security interest in the
property and issue to the borrower a recordable Satisfaction of
Mortgage. This clause also prohibits the lender from foreclosing
as long as the borrower complies with all the terms and conditions
of the mortgage.
DEFICIENCY JUDGEMENT:
A personal judgment levied against the borrower for the balance
of the mortgage debt when a foreclosure sale fails to generate funds
sufficient to satisfy the debt.
DEPRECIATION:
A loss of value in real estate brought about by age, physical deterioration,
functional or economic obsolescence. Broadly, a loss in value from
any cause; the opposite of appreciation.
DESKTOP UNDERWRITER:
Fannie Mae's automated underwriting system designed to enable mortgage
lenders to process loan applications efficiently and objectively.
DIRECT ENDORSEMENT
PROGRAM: Authorization provided to an approved lender to originate
and underwrite FHA insured loans without obtaining approval from
the FHA FHA prior to funding the loan.
DISCOUNT: The
sale of a note for less than its face value. The purpose of a discount
is to adjust the annual yield on the note.
DISCOUNT POINT:
One percentage of the face amount of the loan. Discount points are
a one-time charge assessed at closing by the lender to increase
the yield to a competitive level.
DISINTERMEDIATION:
The flow of funds out of savings institutions into short-term investments
in which interest rates may be higher. This shift normally results
in a new decrease in the amount of funds available for long-term
real estate financing.
DOCUMENTARY
STAMPS: A tax by the Florida Department of Revenue on deeds of conveyance
and mortgage notes.
DUE-ON-SALE
(ALIENATION) CLAUSE: A form of acceleration clause that gives a
lender the option to call a mortgage loan due upon the sale or transfer
of the property. A mortgage with a Due-On-Sale clause is not assumable.
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E
EASEMENT: A
right or interest in the land of another entitling the easement
holder to a specific limited use, such as installing power and telephone
lines, or crossing over the property. Ingress is the right to enter
upon another's land, whereas egress is the ability to move about
and exit unchallenged from that land. While size and location are
important aspects of an easement, the age is immaterial.
ENCROASHMENT:
A physical intrusion upon the property of another. It is usually
revealed by a survey.
ENCUMBRANCE:
Items that affect or limit the fee simple title such as mortgages,
leases, easements, and restrictions.
EQUAL CREDIT
OPPORTUNITY ACT (ECOA): A federal law that deals with discrimination
(Regulation "B").
EQUITY: The
difference between a property's fair market value and the current
indebtedness.
ESCHEAT: The
reversion of property to the state if the owner dies intestate and
without heirs.
ESCROW: Documents
entrusted to a disinterested third party who assumes responsibility
for disbursement of paperwork and funds.
ESCROW IMPOUNDS:
That portion of a mortgagor's monthly payment held by the lender
to pay for real estate taxes, hazard insurance, and mortgage insurance,
as the become due.
ESTATE: The
ownership interest of an individual in real property which is measured
by its potential duration; the degree, quantity, nature, and extent
of interest that a party has in real property.
ESTOPPEL CERTIFICATE
(LETTER): A written statement that bars the signer from making a
claim that is inconsistent with that party's prior statement. An
estoppel certificate verifies the loan balance and is sometimes
referred to as a "payoff letter."
EXCULPATORY
CLAUSE: A provision in a mortgage or note in which the lender waives
the right to a deficiency judgment against the borrower and the
borrower is relived of personal liability to repay the loan.
EXECUTE: To
sign or to ratify a document.
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F
FAIR ISAAC
& CO. (FICO): The developer of a credit scoring system used
by many credit-reporting agencies.
FARMERS HOME
ADMINISTRATION (FMHA): A government agency that guarantees mortgages
secured by a residential properties located in rural areas if the
borrower's income is less that HUD's local median income for the
area.
FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA): A federal agency that provides assistance
to victims of natural disasters. FEMA publishes Flood Insurance
Rate Maps.
FEDERAL HOME
LOAN MORTGAGE CORPORATION (FHLMC): A private corporation authorized
by Congress in 1970 to provide secondary mortgage market support
for conventional mortgages originated by Savings & Loan Associations.
Commonly known as "Freddie Mac". Today, FHLMC is a publicly
owned corporation.
FEDERAL HOUSING
ADMINISTRATION (FHA): A division of HUD. Its main activity is insuring
residential mortgage loans made by private lenders.
FEDERAL NATIONAL
MORTGAGE ASSOCIATION (FNMA): A privately owned corporation created
by Congress in 1938 to support the secondary mortgage market by
purchasing and selling government underwritten residential mortgages.
Today, FNMA purchases more conventional mortgages than FHA or VA
and their stock is publicly traded. Commonly known as "Fannie
Mae."
FEDERAL TRADE
COMMISSION (FTC): A federal agency that monitors advertising practices
and investigates and prosecutes unfair and deceptive trade practices.
FEE SIMPLE ABSOLUTE:
The most complete ownership in land with indefinite duration, freely
transferable, and inheritable.
FIDUCIARY: A
party in a position of trust and confidence for another.
FIRST MORTGAGE:
A mortgage having priority over all other voluntary liens against
certain property, as evidenced by recording; the earliest recorded
mortgage remaining unpaid.
FIXED RATE MORTGAGE
(FRM): A mortgage in which the interest rate and monthly payments
remain constant over the life of the loan.
FLOOD CERTIFICATION
FEE: A fee paid to an independent third party to determine whether
or not property improvements are located in a flood zone.
FLOOD INSURANCE:
Insurance subsidized by the federal government required for property
improvements located in federally designated flood areas (A &
V zones).
FORBEARANCE:
The act of refraining from taking legal action despite the fact
that a mortgage is in default.
FORECLOSURE:
The legal procedure undertaken by a mortgagee for the purpose of
having property sold and the proceeds applied to the payment of
a defaulted debt.
FUNDING: The
disbursement of funds to complete a transaction that occurs when
a lender provides money to close a loan, or an investor provides
funds to the lender to purchase a mortgage loan.
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G
GNMA MORTGAGE-BACKED
SECURITIES: Securities guaranteed by GNMA that are issued by mortgage
bankers, commercial bankers, savings and loan associations, savings
banks, and other institutions. The GNMA security holder is protected
by the "full faith and credit of the U.S." GNMA securities
are backed by FHA, VA, or FMHA mortgages.
GOVERNMENT NATIONAL
MORTGAGE ASSOCIATION (GNMA): A government agency (Division of HUD)
that administers the mortgage-backed securities program which channels
new funds into residential financing through the sale of privately
issued securities carrying a GNMA guarantee. Commonly known as "Ginnie
Mae."
GRADUATED PAYMENT
MORTGAGE (GPM): A residential mortgage loan which has initial low
monthly payments that increase gradually and then level off for
the duration of the loan term. A GPM with an adjustable interest
rate may result in initial negative amortization.
GRANT: A generic
term applicable to transfers of real property.
GRANTEE: The
party who receives a deed; the buyer.
GRANTOR: The
party who signs and gives a deed; the seller.
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H
HAZARD INSURANCE:
A contract whereby an insurer, for a premium, undertakes to compensate
the insured for a loss on a specific property due to fire, windstorm,
and other natural hazards.
HIGHEST AND
BEST USE: A principle of value that focuses on the most profitable,
legal use to which a property can be put.
HOME EQUITY
LINE OF CREDIT: A revolving line of credit against the equity in
one's home allowing the homeowner to borrow as needed, up to a predetermined
maximum amount.
HOMEOWNERS PROTECTION
ACT: A federal law requiring automatic cancellation of Private Mortgage
Insurance (PMI) when the loan-to-value ratio is reduced to 78%.
HOMESTEAD TAX
EXEMPTION: The Florida Constitution allows a tax exemption from
assessed property value. The standard homestead tax exemption is
$25,000 for all qualifying homestead and is deducted from the assessed
value when calculating taxable value.
HOUSING AND
URBAN DEVELOPMENT, DEPARTMENT OF (HUD): Established in 1965 to implement
and administer government and urban development programs. The range
of programs include, community planning, equal opportunity in housing
and FHA mortgage loans.
HYPOTECATE:
To give a thing as security without the necessity of relinquishing
title or possession.
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I
INDEX: An economic
measurement of the cost of funds used as a base to determine the
periodic interest rate adjustments for Adjustable Rate Mortgages.
Common indexes include 1 year Treasury Bills, and both the 4th and
11 Federal Home Loan Bank District Cost of Funds.
INSTITUTIONAL
LENDER: A financial institution that invests in mortgages typically
carried in its own portfolio, such as savings & loan associations,
commercial banks, life insurance companies, and pension and trust
funds.
INTANGIBLE TAX:
A state tax on certain items of intangible personal property such
as mortgages.
INTEREST: Consideration
paid for the use of money, usually expressed as an annual percentage.
INTERMEDIATION:
The process whereby financial middlemen consolidate small savings
accounts of individual depositors and invest those funds in large,
stable, diversified projects; the opposite of disinter mediation.
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J
JUDGEMENT LIEN:
A lien placed on property involuntarily as a result of a court action.
JUNIOR MORTGAGE:
Any lien subsequent to the claims of the holder of a prior senior
mortgage as evidenced by the time and date of recording.
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L
LATE CHARGE: A penalty computed on the principal & interest
which a borrower is required to pay for failure to pay a regular
installment when due.
LEGAL DESCRIPTION:
A property description sufficient to locate and identify the property.
Legal descriptions are found on all loan applications, appraisals,
real estate contracts, mortgages, surveys, and deeds.
LEVERAGE: The
use of borrowed funds to finance the purchase of an asset; the use
of another's money to make more money.
LIEN: A legal
hold or claim of one person on the property of another as security
for a debt or charge. A mortgage is a voluntary lien.
LIEN THEORY:
A concept followed in several states, including Florida, providing
that a mortgage represents a lien on the property with the mortgagor
retaining legal title.
LIS PENDEDS:
A notice recorded in the official records of a county to indicate
there is a pending suit affecting property in that jurisdiction;
notice of intent to file foreclosure proceeding or to place a lien
on the property.
LOAN: A sum
of money provided by a lender to be repaid with or without interest.
LOAN CLOSING:
The process of formulating, executing, and delivering all documents
required by a permanent investor, the disbursement of the mortgage
funds, and providing for the protection of the investor's security.
LOAN PROCESSING:
The assembling of a mortgage loan application and related documents
for consideration for the purpose of making a mortgage loan.
LOAN SUBMISSION:
Documentation delivered to a prospective lender for review and consideration
for the purpose of making a mortgage loan.
LOAN-TO-VALUE
RATIO (LTV): The relationship between the mortgage amount and the
appraised value (or sales price if lower) of the security property,
and expressed as a percent.
LOSS PAYABLE
CLAUSE: A clause in an insurance policy listing the priority of
claims in the even of damage to the insured property. A mortgagee
is generally the party appearing in the clause being paid the amount
owed under the mortgage before the owner is paid.
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M
MARGIN: The
number of basis points a lender adds to the index to determine the
interest rate for an Adjustable Rate Mortgage.
MECHANIC'S LIEN:
A lien placed against property by unpaid workmen or material suppliers.
METES AND BOUDNDS:
The most accurate method of land description; "metes"
means measurements and "bounds" means boundaries.
MILL: The measure
used to express a real estate property tax rate; One-tenth of one
percent.
MORTGAGE: A
pledge of real property given as security for the payment of a debt.
Most mortgages mature in more than one year and are considered capital
market instruments.
MORTGAGE-BACKED
SECURITIES (MBS): Bond-type instruments representing an undivided
interest in a pool of mortgages.
MORTGAGE BROKER:
A licensee who brings a borrower and lender together and receives
a fee for services performed.
MORTGAGE INSURANCE
PREMIUMS (MIPs): Fees paid by FHA borrowers to obtain a loan (upfront
and annual).
MORTGAGE PORTFOLIO:
The aggregate of mortgage loans held by an investor, or serviced
by a mortgage lender.
MORTGAGEE: The party in a mortgage transaction who receives and
holds the mortgage as security; the lender.
MORTGAGOR: The
party in a mortgage transaction who gives the mortgage as security
for the debt; the borrower.
MORTGAGE INSURANCE:
An insurance policy to protect a lender against loss caused by a
borrower's default.
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N
NEGATIVE AMORTIZATION: A situation where the loan balance increases
over time, rather than decreases. Monthly mortgage payments may
be less than required to pay both the interest and principal and
the unpaid interest is added to the loan balance.
NET WORTH: The
value of all assets less total liabilities.
NON-CONFORMING
LOAN: A conventional mortgage loan that does not comply with the
underwriting criteria established by "Fannie Mae" and
"Freddie Mac."
NOTE (PROMISSORY):
A written promise to pay a sum of money at a stated interest rate
during a specified term; sometimes referred to as a "mortgage
note."
NOTE ENDORSED
WITH RECOURSE: A mortgage note assigned in the secondary market
with the right of the new note holder (assignee) to seek payment
from the endorser (assignor); not limiting recovery solely from
the property.
NOTE ENDORSED
WITH NON-RECOURSE: A mortgage note assigned in the secondary market
without the right of the new note holder (assignee) to seek payment
from the endorser (assignor); not limiting recovery solely from
the property.
NOVATION: A
mortgagee's or current note holder's willingness to permit substitution
of a new debtor (buyer) and release a former debtor (seller) from
liability on a note.
O
OBSOLESENCE:
The loss in value of a property occasioned by outdated styling and
lack of modern functional requirements.
OFFICE OF COMPTROLLER
OF THE CURRENCY (OCC/COC): The federal agency that oversees nationally
chartered commercial banks.
OFFICE OF THRIFT
SUPERVISION (OTS): The federal agency responsible for regulating
Savings and Loan Associations.
OPEN-END CLAUSE:
Permits the mortgagor to re-borrow funds which had been previously
repaid, up to the original face amount of the loan, upon agreement
of both lender and borrower; a clause allowing future advances.
ORIGINATION
FEE: The fee for the work involved in the evaluation, preparation,
and submission of a proposed mortgage loan from individual borrowers.
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P
PACKAGE MORTGAGE:
A mortgage which includes personal property (chattel) together with
the real property.
PAR: The face
amount of a mortgage or charge with no premium or discount.
PARTICIPATION
LOAN: A mortgage originated with funds provided by multiple lenders
each being a participant in the total amount loaned.
PERSONAL PROPERTY:
Any property that is not real property.
PONT OF BEGINNING
(POB): The starting and ending place in a land survey using the
metes and bounds method of property description.
PREPAYMENT PENALTY
CLAUSE: A provision in a mortgage that requires the borrower to
pay a monetary penalty if the mortgage payments are made in advance
of the normal due date or if the mortgage payments are made in advance
of the normal due date or if the mortgage is paid in full ahead
of schedule.
PREPAYMENT PRIVELEGE
CLAUSE: The right given a borrower to pay all or part of a debt
prior to maturity without penalty. A penalty is not permitted on
any government-underwritten loan.
PRIMARY MORTGAGE
MARKET: The market where loans are funded by institutions or investors
directly to borrowers.
PRINCIPAL: The
amount of debt, not including interest; the outstanding balance
of a loan.
PRIVATE MORTGAGE
INSURANCE (PMI): Insurance provided by a private company protecting
conventional mortgage lenders against loss resulting from a mortgagor's
default.
PROFIT AND LOSS
STATEMENT: The schedule of income and expenses reflecting a net
profit or loss during a specified period of time; also know as an
Operating Statement or Income Statement.
PURCHASE MONEY
MORTGAGE (PMM): A mortgage given (in lieu of cash) by the purchaser
of real property to the seller as part of the consideration in the
sales transaction; often considered "seller financing."
PURCHASE MONEY
TRANSACTION: A real estate transaction for the acquisition of a
real parcel of real estate by a buyer.
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Q
QUITCLAIM DEED:
A deed transferring (with no warranty) the interest or right the
grantor may have at that time; a release.
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R
REAL ESTATE
SALES CONTRACT: A written agreement whereupon a seller commits to
sell and a buyer commits to purchase certain real estate. Provisions
include; price, terms, financing, down payment, and responsibility
for property settlement expenses. Most contracts provide for buyer
or seller to cancel the contract and permit return of buyer's deposit
if diligent efforts to meet financing contingencies have been unsuccessful.
REAL ESTATE
SETTLEMENT PROCEDURES ACT (RESPA): A federal law requiring that
all closing costs be disclosed on a Good Faith Estimate within 3
business days, use of a HUD-1 Settlement Statement, requires lenders
disclose the likelihood that the servicing right may be transferred
and limits the amount held in escrow to pay for taxes and insurance.
REAL PROPERTY:
Land, appurtenances, structures, minerals, and all the right, interests,
and benefits inherent therein.
RECORDING: Providing
constructive notice with the clerk of the circuit court of details
of a properly executed legal document, such as a deed, mortgage,
or satisfaction of mortgage.
RELEASE (PARTIAL
RELEASE) CLAUSE: A clause in a blanker mortgage allowing for release
of certain individual parcels upon payment of a specified amount.
REVERSE MORTGAGE:
A mortgage in which a lender may make scheduled monthly payments
to the borrower using mortgage-free property as collateral.
RIGHT OF REDEMPTION
(EQUITABLE RIGHT OF REDEMPTION): The right to redeem property during
the foreclosure period by paying the amount owed, including fees
and interest.
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S
SATISFACTION
OF MORTGAGE: A recordable instrument provided by the lender evidencing
payment in full of the mortgage debt.
SECONDARY MORTGAGE
MARKET: The market where existing mortgages are bough and sold.
It contrasts with the primary mortgage market, where mortgage are
originated.
SECURITY INTEREST:
An interest that a lender takes in the borrower's property to assure
repayment of a debt.
SERVICING: The
collection for an investor of periodic payments of principal, interest,
and trust items (hazard insurance and taxes) in accordance with
the terms of the note and mortgage.
SERVICING FEE: The compensation a lender receives from an investor
for servicing loans on its behalf.
SETBACK: Restrictions
established in a deed or by zoning on the space required between
lot lines on its behalf.
SHARED APPRECIATION
MORTGAGE (SAM): A mortgage in which a lender charges a below-market
interest rate in exchange for a share of the property's appreciation
upon the sale or maturity of the loan.
SIMULTANEOUS
ISSUE: The act of a title insurance company providing both an owner's
title policy and mortgagee's title policy at the same time.
STAND-BY COMMITMENT:
A commitment to purchase a loan whereby both parties understand
that delivery is not likely unless circumstances warrant.
STAND-BY FEE:
The fee charged by an investor for a stand-by commitment. The fee
is earned upon issuance and acceptance of the commitment.
STATUTE OF FRAUDS:
A state law requiring certain contracts relating to real property
be in writing and signed in order to be legally enforceable.
STATUTE OF LIMITATIONS:
A law limiting the time period during which a legal action may be
commenced.
SUBJECT TO THE
MORTGAGE: A purchaser acquires property with an existing mortgage,
upon which purchaser makes payments but does not take personal liability
for the promissory note.
SUBORDINATION:
Voluntary acceptance of a lower mortgage priority than one would
otherwise be entitled to have in that property. A subordinated mortgage
is inferior to a senior mortgage.
SUBSTITUTION,
PRINCIPLE OF: An economic concept of value; no rational buyer would
pay more for a property than the cost of an equally desirable comparable
property.
SURVEY: The
procedure used to measure and describe a specific tract of land
for the purpose of determining exact boundaries and the area contained
therein.
SWEAT EQUITY:
An applicant's contribution to the construction or improvement of
a property in the form of a labor or services provided, in lieu
of cash for part of the down payment or other costs.
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T
TABLE FUNDING:
A financing technique that occurs when a correspondent lender or
lender closes a mortgage loan with funds belonging to an acquiring
investor and immediately assigns the loan to that investor.
TAKE-OUT COMMITMENT: Long-term permanent financing used to pay off
an interim construction loan; sometimes referred to as an "end
loan."
TAXABLE VALUE:
The assessed value less allowable exemptions resulting in an amount
to which the millage rate is applied to determine property taxes
due.
TENANCY IN THE
ENTIRETIES: The ownership of property by a husband and wife that
provides for the automatic right of survivorship to the surviving
spouse.
TERM MORTGAGE:
A mortgage wherein only interest is periodically paid, with the
entire principal amount due in one lump sum upon maturity.
TITLE: The evidence
of the right to ownership of property.
TITLE INSURANCE
POLICY: A contract by which the insurer agrees to pay the insured
a specific amount for any loss resulting from certain defects in
the title to real estate.
TITLE SEARCH:
An analysis of the abstract of title on a specific piece of property
in order to determine the present condition of title.
TITLE THEORY:
A concept used in some states providing that the mortgagee holds
legal title to the property, as opposed to holding a lien against
the property.
TRUTH-IN-LENDING
ACT (REGULATION "Z"): A federal regulation requiring disclosure
of the APR, certain finance charges, the 3-day right of rescission
when refinancing a primary residence, and certain additional disclosure
when advertising financing terms.
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U
UNDERWRITING:
The analysis of information relating to risk and making a decision
whether or not to accept that risk. The underwriter evaluates the
borrower's ability and willingness to repay the obligation and establishes
that the property represents adequate security for the debt.
UNENCUMBERED
PROPERTY: A property the title to which is free and clear.
USURY: Charging
more the use of money than allowed by law.
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V
VA LOAN: A loan partially guaranteed by the government made by a
DVA approved lender to a qualified veteran.
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W
WAREHOUSING:
A revolving line of credit with a commercial bank secured by the
pledge of first mortgages on residential property; the accumulation
and holding of mortgage loans pending sale to an investor or other
provider of financing.
WDO INSPECTION
REPORT: A report from a certified pest control inspector determining
the presence or absence of visible, active, termite infestation,
or any visible evidence of structural damage exists.
WHOLE LOAN:
Total ownership of a loan, as opposed to multiple lenders participating
in the ownership of a single loan.
WRAPAROUND MORTGAGE:
A junior mortgage which secures a debt that includes the balance
due on an existing senior mortgage plus an additional amount due
to the wraparound mortgageee. The wraparound mortgagee thereafter
receives all payments and then remits the payments on the senior
mortgage.
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Y
YIELD: The return
on an investment stated as a percentage of the equity invested.
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Integrity
Mortgage Group, Inc.
4370 S. Tamiami Trail, Suite 103
Sarasota, FL 34231
Telephone: 941-925-8525
Fax: 941-925-7823
Toll Free: 888-925-8525
Contact IMG: Click Here
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