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The real estate marketplace glossary : how to talk the talk PDF

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Federal Trade Commission ftc.gov The Real Estate Marketplace Glossary: How to Talk the Talk Buying a home can be exciting. It also can be somewhat daunting, even if you’ve done it before. You will deal with mortgage options, credit reports, loan applications, contracts, points, appraisals, change orders, inspections, warranties, walk-throughs, settlement sheets, escrow accounts, recording fees, insurance, taxes ... the list goes on. No doubt you will hear and see words and terms you’ve never heard before. Just what do they all mean? The Federal Trade Commission, the agency that promotes competition and protects consumers, has prepared this glossary to help you better understand the terms commonly used in the real estate and mortgage marketplace. A Annual Percentage Rate (APR): How much Appraisal: A professional analysis used a loan costs annually. The APR includes the to estimate the value of the property. This interest rate, points, broker fees and certain includes examples of sales of similar prop- other credit charges a borrower is required erties. to pay. Appraiser: A professional who conducts an Annuity: An amount paid yearly or at other analysis of the property, including examples regular intervals, often at a guaranteed of sales of similar properties in order to de- minimum amount. Also, a type of insurance velop an estimate of the value of the prop- policy in which the policy holder makes erty. The analysis is called an “appraisal.” payments for a fixed period or until a stated age, and then receives annuity payments Appreciation: An increase in the market from the insurance company. value of a home due to changing market conditions and/or home improvements. Application Fee: The fee that a mortgage lender charges to apply for a mortgage to Arbitration: A process where disputes are cover processing costs. settled by referring them to a fair and neu-  Glossary tral third party (arbitrator). The disput- Automated Underwriting: An auto- ing parties agree in advance to agree mated process performed by a technol- with the decision of the arbitrator. There ogy application that streamlines the is a hearing where both parties have an processing of loan applications and opportunity to be heard, after which the provides a recommendation to the lender arbitrator makes a decision. to approve the loan or refer it for manual underwriting. Asbestos: A toxic material that was once used in housing insulation and B fireproofing. Because some forms of as- bestos have been linked to certain lung diseases, it is no longer used in new Balance Sheet: A financial statement homes. However, some older homes may that shows assets, liabilities, and net still have asbestos in these materials. worth as of a specific date. Assessed Value: Typically the value Balloon Mortgage: A mortgage with placed on property for the purpose of monthly payments based on a 30-year taxation. amortization schedule, with the unpaid balance due in a lump sum payment at Assessor: A public official who estab- the end of a specific period of time (usu- lishes the value of a property for taxa- ally 5 or 7 years). The mortgage contains tion purposes. an option to “reset” the interest rate to the current market rate and to extend Asset: Anything of monetary value that the due date if certain conditions are is owned by a person or company. As- met. sets include real property, personal property, stocks, mutual funds, etc. Balloon Payment: The final lump sum payment that is made at the maturity Assignment of Mortgage: A document date of a balloon mortgage. evidencing the transfer of ownership of a mortgage from one person to another. Bankruptcy: Legally declared unable to pay your debts. Bankruptcy can severely Assumable Mortgage: A mortgage loan impact your credit and your ability to that can be taken over (assumed) by the borrow money. buyer when a home is sold. An assump- tion of a mortgage is a transaction in Before-Tax Income: Income before tax- which the buyer of real property takes es are deducted. Also known as “gross over the seller’s existing mortgage; the income.” seller remains liable unless released by the lender from the obligation. If the Biweekly Payment Mortgage: A mort- mortgage contains a due-on-sale clause, gage with payments due every two weeks the loan may not be assumed without (instead of monthly). the lender’s consent. Bona fide: In good faith, without fraud. Assumption: A homebuyer’s agreement to take on the primary responsibility Bridge Loan: A short-term loan secured for paying an existing mortgage from a by the borrower’s current home (which home seller. is usually for sale) that allows the pro- ceeds to be used for building or closing Assumption Fee: A fee a lender charges on a new house before the current home a buyer who will assume the seller’s ex- is sold. Also known as a “swing loan.” isting mortgage. Glossary  Broker: An individual or firm that acts Certificate of Deposit: A document is- as an agent between providers and users sued by a bank or other financial institu- of products or services, such as a mort- tion that is evidence of a deposit, with the gage broker or real estate broker. See issuer’s promise to return the deposit plus also “Mortgage Broker” earnings at a specified interest rate within a specified time period. Building Code: Local regulations that set forth the standards and require- Certificate of Eligibility: A document is- ments for the construction, maintenance sued by the U.S. Department of Veterans and occupancy of buildings. The codes Affairs (VA) certifying a veteran’s eligibility are designed to provide for the safety, for a VA-guaranteed mortgage loan. health and welfare of the public. Chain of Title: The history of all of the Buydown: An arrangement whereby documents that have transferred title to the property developer or another third a parcel of real property, starting with the party provides an interest subsidy to earliest existing document and ending reduce the borrower’s monthly payments with the most recent. typically in the early years of the loan. Change Orders: A change in the original Buydown Account: An account in construction plans ordered by the prop- which funds are held so that they can be erty owner or general contractor. applied as part of the monthly mortgage payment as each payment comes due Clear Title: Ownership that is free of during the period that an interest rate liens, defects, or other legal encumbranc- buydown plan is in effect. es. Closing: The process of completing a C financial transaction. For mortgage loans, the process of signing mortgage documents, disbursing funds, and, if Cap: For an adjustable-rate mortgage applicable, transferring ownership of (ARM), a limitation on the amount the the property. In some jurisdictions, clos- interest rate or mortgage payments may ing is referred to as “escrow,” a process increase or decrease. See also “Lifetime by which a buyer and seller deliver legal Payment Cap,” “Lifetime Rate Cap,” “Pe- documents to a third party who completes riodic Payment Cap,” and “Periodic Rate the transaction in accordance with their Cap” instructions. Also see “Settlement” Capacity: Your ability to make your Closing Agent: The person or entity that mortgage payments on time. This de- coordinates the various closing activities, pends on your income and income including the preparation and recordation stability (job history and security), your of closing documents and the disburse- assets and savings, and the amount of ment of funds. (May be referred to as an your income each month that is left over escrow agent or settlement agent in some after you’ve paid for your housing costs, jurisdictions.) Typically the closing is con- debts and other obligations. ducted by title companies, escrow compa- nies or attorneys. Cash-out Refinance: A refinance trans- action in which the borrower receives Closing Costs: The fees charged in con- additional funds over and above the nection with a mortgage loan transaction. amount needed to repay the existing Money paid by a buyer (and/or seller or mortgage, closing costs, points, and any other third party, if applicable) to effect subordinate liens.  Glossary the closing of a mortgage loan, generally owners, who share in the common expens- including, but not limited to a loan origi- es of their operation and maintenance. nation fee, title examination and insur- Common areas include swimming pools, ance, survey, attorney’s fee, and prepaid tennis courts, and other recreational items, such as escrow deposits for taxes facilities, as well as common corridors of and insurance. buildings, parking areas, means of ingress and egress, etc. Closing Date: The date on which the sale of a property is to be finalized and a Comparables: An abbreviation for “com- loan transaction completed. Often, a real parable properties,” which are used as a estate sales professional coordinates the comparison in determining the current setting of this date with the buyer, the value of a property that is being appraised. seller, the closing agent, and the lender. Condominium: A real estate project in Closing Statement: See “HUD-1 Settle- which each unit owner holds title to an ment Statement” individual unit in a building, and an undi- vided interest in the common areas. Co-borrower: Any borrower other than the first borrower whose name appears Concession: Something given up or on the application and mortgage note, agreed to in negotiating the sale of the even when that person owns the prop- house. For example, the sellers may agree erty jointly with the first borrower and to help pay for closing costs. shares liability for the note. Condominium: A unit in a multiunit Collateral: An asset that is pledged as building. The owner of a condominium security for a loan. The borrower risks unit owns the unit itself and has the right, losing the asset if the loan is not repaid along with other owners, to use the com- according to the terms of the loan agree- mon areas but does not own the common ment. In the case of a mortgage, the col- elements such as the exterior walls, floors lateral would be the house and property. and ceilings or the structural systems outside of the unit; these are owned by Commission: The fee charged for ser- the condominium association. There are vices performed, usually based on a usually condominium association fees for percentage of the price of the items sold building maintenance, property upkeep, (such as the fee a real estate agent earns taxes and insurance on the common areas on the sale of a house). and reserves for improvements. Commitment Letter: A binding offer Construction Loan: A loan for financing from your lender stating the amount of the cost of construction or improvements the mortgage, the number of years to to a property; the lender disburses pay- repay the mortgage (the term), the in- ments to the builder at periodic intervals terest rate, the loan origination fee, the during construction. annual percentage rate and the monthly charges. Contingency: A condition that must be met before a contract is legally binding. Common Areas: Those portions of a For example, home purchasers often in- building, land, or improvements and clude a home inspection contingency; the amenities owned by a planned unit sales contract is not binding unless and development (PUD) or condominium until the purchaser has the home inspect- project’s homeowners’ association (or a ed. cooperative project’s cooperative corpo- ration) that are used by all of the unit Conventional Mortgage: A mortgage loan that is not insured or guaranteed by the Glossary  federal government or one of its agen- not these debts were paid back on time cies, such as FHA, VA or RHS. Contrast or “as agreed.” Credit institutions have with “Government Mortgage.” created a detailed document of your credit history called a credit report. Conversion Option: A provision of some adjustable-rate mortgage (ARM) Credit Life Insurance: A type of insur- loans that allows the borrower to ance that pays off a specific amount of change the ARM to a fixed-rate mort- debt or a specified credit account if the gage at specified times after loan origi- borrower dies while the policy is in force. nation. Credit Report: A document used by the Convertible ARM: An adjustable-rate credit industry to examine your use of mortgage (ARM) that allows the bor- credit. It provides information on money rower to convert the loan to a fixed-rate that you’ve borrowed from credit institu- mortgage under specified conditions. tions and your payment history. Cooperative (Co-op) Project: A project Credit Score: A numerical value that in which a corporation holds title to a ranks a borrower’s credit risk at a given residential property and sells shares to point in time based on a statistical eval- individual buyers, who then receive a uation of information in the individual’s proprietary lease as their title. credit file that has been proven to be predictive of loan performance. Cost of Funds Index (COFI): An in- dex that is used to determine interest Creditor: A person to whom money is rate changes for certain adjustable-rate owed. mortgage (ARM) plans. It is based on the weighted monthly average cost of Creditworthy: Your ability to qualify for deposits, advances, and other borrow- credit and repay debts. ings of members of the Federal Home Loan Bank of San Francisco . D Counter-offer: An offer made in re- sponse to a previous offer. For example, Debt: Money owed from one person or after the buyer presents their first offer, institution to another person or institu- the seller may make a counter-offer tion. with a slightly higher sale price. Debt-to-Income Ratio: The percent- Credit: The ability of a person to bor- age of gross monthly income that goes row money, or buy good by paying over toward paying for your monthly hous- time. Credit is extended based on a ing expense, alimony, child support, car lender’s good opinion of the person’s payments and other installment debts, financial situation and reliability. and payments on revolving or open-end- ed accounts such as credit cards. Credit Bureau: A company that gath- ers information on consumers who use Deed: The legal document transferring credit. These companies sell that infor- ownership or title to a property mation to credit lenders in the form of a credit report. Deed-in-Lieu of Foreclosure: The transfer of title from a borrower to the Credit History: A record of credit use lender to satisfy the mortgage debt and comprised of a list of individual con- avoid foreclosure. Also called a “volun- sumer debts and a record of whether or tary conveyance.”  Glossary Deed of Trust: A legal document in Easement: A right to the use of, or ac- which the borrower transfers the title to cess to, land owned by another. a 3rd party (trustee) to hold as security for the lender. When the loan is paid in Employer-Assisted Housing: A program full the trustee transfers title back to in which companies assist their employ- the borrower. If the borrower defaults on ees in purchasing homes by providing the loan the trustee will sell the property assistance with the down payment, clos- and pay the lender the mortgage debt. ing costs, or monthly payments. Default: Failure to fulfill a legal obliga- Encroachment: The intrusion onto tion. A default includes failure to pay on another’s property without right or per- a financial obligation, but may also be a mission. failure to perform some action or ser- vice that is non-monetary. For example, Encumbrance: Any claim on a property, when leasing a car, the lessee is usually such as a lien, mortgage or easement. required to properly maintain the car. Equal Credit Opportunity Act (ECOA): Delinquency: Failure to make a pay- A federal law that requires lenders to ment when it is due. The condition of a make credit equally available without loan when a scheduled payment has not regard to the applicant’s race, color, reli- been received by the due date, but gen- gion, national origin, age, sex, or marital erally used to refer to a loan for which status; the fact that all or part of the ap- payment is 30 or more days past due. plicant’s income is derived from a public assistance program; or the fact that the Depreciation: A decline in the value of applicant has in good faith exercised any a house due to changing market condi- right under the Consumer Credit Protec- tions or lack of upkeep on a home. tion Act. Discount Point: A fee paid by the bor- Equity: The value in your home above rower at closing to reduce the interest the total amount of the liens against rate. A point equals 1 percent of the loan your home. If you owe $100,000 on your amount. house but it is worth $130,000, you have $30,000 of equity. Down Payment: A portion of the price of a home, usually between 3-20%, not Escrow: An item of value, money, or borrowed and paid up front in cash. documents deposited with a third party to be delivered upon the fulfillment of Due-on-sale Clause: A provision in a a condition. For example, the deposit mortgage that allows the lender to de- by a borrower with the lender of funds mand repayment in full of the outstand- to pay taxes and insurance premiums ing balance if the property securing the when they become due, or the deposit of mortgage is sold. funds or documents with an attorney or escrow agent to be disbursed upon the closing of a sale of real estate. E Escrow Account: An account that a mortgage servicer establishes on behalf Earnest Money Deposit: The deposit of a borrower to pay taxes, insurance to show that you’re committed to buy- premiums, or other charges when they ing the home. The deposit will not be are due. Sometimes referred to as an refunded to you after the seller accepts “impound” or “reserve” account. your offer, unless one of the sales con- tract contingencies is not fulfilled. Glossary  Escrow Analysis: The accounting that loans to it and to service loans on Fan- a mortgage servicer performs to deter- nie Mae’s behalf. mine the appropriate balances for the escrow account, compute the borrower’s Fannie Mae/Freddie Mac Loan Limit: monthly escrow payments, and deter- The current 2004 Fannie Mae/Freddie mine whether any shortages, surpluses Mac loan limit for a single-family home or deficiencies exist in the account. is $333,700 and is higher in Alaska , Guam , Hawaii , and the U.S. Virgin Eviction: The legal act of removing Islands. The Fannie Mae loan limit is someone from real property. $427,150 for a two-unit home; $516,300 for a three-unit home; and $641,650 for Exclusive Listing: A written contract a four-unit home. Also referred to as the that gives a licensed real estate agent “conventional loan limit.” the exclusive right to sell a property for a specified time. Federal Housing Administration (FHA): An agency within the U.S. De- Executor: A person named in a will and partment of Housing and Urban Devel- approved by a probate court to adminis- opment (HUD) that insures mortgages ter the deposition of an estate in accor- and loans made by private lenders. dance with the instructions of the will. FHA-Insured Loan: A loan that is in- sured by the Federal Housing Adminis- F tration (FHA) of the U.S. Department of Housing and Urban Development (HUD). Fair Credit Reporting Act: A consumer First Mortgage: A mortgage that is the protection law that regulates the disclo- primary lien against a property. sure of consumer credit reports by credit reporting agencies and specifies proce- First Time Home Buyer: A person with dures for challenging errors on a credit no ownership interest in a principal record. residence during the three-year period preceding the purchase of the security Fair Market Value: The price at which property. property would be transferred between a willing buyer and willing seller, each Fixed-Period Adjustable-Rate Mort- of whom has a reasonable knowledge of gage: An adjustable-rate mortgage all pertinent facts and is not under any (ARM) that offers a fixed rate for an ini- compulsion to buy or sell. tial period, typically three to ten years, and then adjusts every six months, an- Fannie Mae: A New York stock ex- nually, or at another specified period, for change company. It is a public company the remainder of the term. that operates under a federal charter and is the nation’s largest source of Fixed-Rate Mortgage: A mortgage with financing for home mortgages. Fannie an interest rate that does not change Mae does not lend money directly to during the entire term of the loan. consumers, but instead works to en- sure that mortgage funds are available Flood Certification Fee: A fee charged and affordable, by purchasing mortgage by independent mapping firms to identi- loans from institutions that lend directly fy properties located in areas designated to consumers. as flood zones. Fannie Mae-Seller/Servicer: A lender Flood Insurance: Insurance that com- that Fannie Mae has approved to sell pensates for physical property damage  Glossary resulting from flooding. It is required for Government National Mortgage As- properties located in federally designated sociation (Ginnie Mae): A govern- flood hazard zones. ment-owned corporation within the U.S. Department of Housing and Urban Foreclosure: A legal action that ends Development (HUD) that guarantees all ownership rights in a home when the securities backed by mortgages that are homebuyer fails to make the mortgage insured or guaranteed by other govern- payments or is otherwise in default un- ment agencies. Popularly known as Gin- der the terms of the mortgage. nie Mae. Forfeiture: The loss of money, property, Gross Monthly Income: The income rights, or privileges due to a breach of a you earn in a month before taxes and legal obligation. other deductions. It may also include rental income, self-employed income, Fully Amortized Mortgage: A mortgage income from alimony, child support, in which the monthly payments are de- public assistance payments, and retire- signed to retire the obligation at the end ment benefits. of the mortgage term. Ground Rent: Payment for the use of land when title to a property is held as G a leasehold estate (that is, the borrower does not actually own the property, but has a long-term lease on it). General Contractor: A person who over- sees a home improvement or construc- Growing-Equity Mortgage (GEM): A tion project and handles various aspects fixed-rate mortgage in which the month- such as scheduling workers and order- ly payments increase according to an ing supplies. agreed-upon schedule, with the extra funds applied to reduce the loan balance Gift Letter: A letter that a family mem- and loan term. ber writes verifying that s/he has given you a certain amount of money as a gift and that you don’t have to repay it. You H can use this money towards a portion of your down payment with some mort- gages. Hazard Insurance: Insurance coverage that compensates for physical damage to Good-Faith Estimate: A form required a property from fire, wind, vandalism, or by the Real Estate Settlement and Pro- other covered hazards or natural disas- cedures Act (RESPA) that discloses ters. an estimate of the amount or range of charges, for specific settlement services Home Equity Conversion Mortgage the borrower is likely to incur in connec- (HECM): A special type of mortgage- tion with the mortgage transaction. developed and insured by the Federal Housing Administration (FHA) that Government Mortgage: A mortgage enables older home owners to convert loan that is insured or guaranteed by a the equity they have in their homes into federal government entity such as the cash, using a variety of payment options Federal Housing Administration (FHA) or to address their specific financial needs. guaranteed by the U. S. Department of Sometimes called a reverse mortgage. Veterans Affairs (VA), or the Rural Hous- ing Service (RHS). Glossary  Home Equity Line of Credit: A type I of revolving loan, that enables a home owner to obtain multiple advances of the loan proceeds at his or her own Income Property: Real estate developed or purchased to produce income, such discretion, up to an amount that rep- as a rental unit. resents a specified percentage of the borrower’s equity in the property. Index: A number used to compute the interest rate for an adjustable-rate Home Inspection: A professional mortgage (ARM). The index is generally inspection of a home to determine the a published number or percentage, such condition of the property. The inspec- as the average interest rate or yield on tion should include an evaluation of U.S. Treasury bills. A margin is added to the plumbing, heating and cooling the index to determine the interest rate systems, roof, wiring, foundation and that will be charged on the ARM. This pest infestation. interest rate is subject to any caps on the maximum or minimum interest rate Homeowner’s Insurance: A policy that may be charged on the mortgage, that protects you and the lender from stated in the note. fire or flood, which damages the struc- ture of the house; a liability, such as an injury to a visitor to your home; Individual Retirement Account (IRA): A tax-deferred plan that can help you or damage to your personal property, build a retirement nest egg. such as your furniture, clothes or ap- pliances Inflation: An increase in prices. Homeowner’s Warranty (HOW): In- surance offered by a seller that covers Initial Interest Rate: The original inter- est rate for an adjustable-rate mortgage certain home repairs and fixtures for a (ARM). Sometimes known as the “start specified period of time. rate.” Homeowners’ Association: An or- ganization of homeowners residing Inquiry: A request for a copy of your credit report. An inquiry occurs every within a particular area whose prin- time you fill out a credit application cipal purpose is to ensure the provi- and/or request more credit. Too many sion and maintenance of community inquiries on a credit report can hurt facilities and services for the common your credit score. benefit of the residents. Housing Expense Ratio: The percent- Installment: The regular periodic pay- ment that a borrower agrees to make to age of your gross monthly income that a lender. goes toward paying for your housing expenses. Installment Debt: A loan that is repaid in accordance with a schedule of pay- HUD-1 Settlement Statement: A fi- ments for a specified term (such as an nal listing of the costs of the mortgage automobile loan). transaction. It provides the sales price and down payment, as well as the to- tal settlement costs required from the Interest: The cost you pay to borrow money. It is the payment you make to buyer and seller. a lender for the money it has loaned to you. Interest is usually expressed as a percentage of the amount borrowed. 10 Glossary Interest Accrual Rate: The percentage L rate at which interest accumulates or increases on a mortgage loan. Late Charge: A penalty imposed by the lender when a borrower fails to make a Interest Rate Cap: For an adjust- scheduled payment on time. able-rate mortgage, a limitation on the amount the interest rate can change per adjustment or over the lifetime of the Lease-Purchase Option: An option sometimes used by sellers to rent a loan, as stated in the note. property to a consumer, who has the op- tion to buy the home within a specified Interest Rate Ceiling: For an adjust- period of time. Typically, part of each able-rate mortgage (ARM), the maximum rental payment is put aside for the pur- interest rate, as specified in the mort- pose of accumulating funds to pay the gage note. down payment and closing costs. Interest Rate Floor: For an adjustable- rate mortgage (ARM), the minimum in- Liabilities: A person’s debts and other financial obligations. terest rate, as specified in the mortgage note. Liability Insurance: Insurance coverage that protects property owners against Investment Property: A property pur- claims of negligence, personal injury or chased to generate rental income, tax property damage to another party. benefits, or profitable resale rather than to serve as the borrower’s primary resi- dence. Contrast with “second home.” LIBOR-Index: An index used to deter- mine interest rate changes for certain ARM plans, based on the average inter- J est rate at which international banks lend to or borrow funds from the London Interbank Market. Judgment Lien: A lien on the property of a debtor resulting from the decree of a Lien: A claim or charge on property for court. payment of a debt. With a mortgage, the lender has the right to take the title Jumbo Loan: A loan that exceeds the to your property if you don’t make the mortgage amount eligible for purchase mortgage payments. by Fannie Mae or Freddie Mac. Also called “nonconforming loan.” Lifetime Cap: For an adjustable-rate mortgage (ARM), a limit on the amount Junior Mortgage: A loan that is subor- that the interest rate or monthly pay- dinate to the primary loan or first-lien ment can increase or decrease over the mortgage loan, such as a second or third life of the loan. mortgage. Liquid Asset: A cash asset or an asset K that is easily converted into cash. Loan Origination: The process by which Keogh Funds: A tax-deferred retire- a lender makes a loan which may in- ment-savings plan for small business clude taking a loan application, process- owners or self-employed individuals who ing and underwriting the application, have earned income from their trade or and closing the loan. business. Contributions to the Keogh plan are tax-deductible.

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