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[K] [L] [M] Adjustable-Rate Mortgage (ARM) The distinguishing characteristic of an ARM is that its interest rate will change during the life of the loan based on the performance of an index. Interest rate adjustments are made by the lender or mortgage servicer according to a schedule that is set at loan closing. With each change, the borrower's monthly payment may go up or down. The interest rate and the monthly mortgage payment are adjusted, based on interest rates in the market at the time of the ARM adjustment, at established intervals. Amortization The gradual repayment of a mortgage by installments. TOPAmortization Schedule A timetable for payment of a mortgage that lists the remaining balance, and the amount of each payment that is applied to interest versus principal. TOPAnnual Percentage Rate (APR) The total yearly cost of a mortgage stated as a percentage of the loan amount; includes the base interest rate, borrower-paid mortgage insurance if necessary, and loan origination fee or points. TOPAppraisal A professional opinion of the market value of a property. TOPAppreciation An increase in the value of a house due to change in market conditions or other causes. TOPAssessed Value The valuation placed upon property by a public tax assessor for purposes of taxation. TOPBinder A preliminary agreement, secured by the payment of earnest money, whereby a buyer offers to purchase real estate. TOPBorrower The mortgagor or buyer in a mortgage agreement. TOPBridge Loan A loan that enables a home buyer to get financing to make a down payment and pay closing costs on a new home before selling property currently owned. Also called gap financing. TOPBroker A person trained and licensed to carry out real estate transactions and receive a fee for these services. TOPCMT The Constant Maturity Treasury (CMT) is published by the Federal Reserve Board based on the average yield of a variety of Treasury securities adjusted to a one-year maturity. The CMT is offered as an index on adjustable rate mortgages. TOPCap To protect borrowers against extreme increases in their monthly payments, adjustable-rate mortgages feature "caps," which are limits on how much the interest rate can increase. TOPCash Reserve A requirement of some lenders that buyers have sufficient cash remaining after closing to make the first two mortgage payments. TOPCertificate of Occupancy A certificate issued by a local building department to a builder or renovator, stating that the building is in proper condition to be occupied. TOPClear Title A title that is free of liens and legal questions regarding ownership of the property. TOPClosing The occasion when a sale is finalized, the buyer signs the mortgage, and closing costs are paid. Also called the settlement. TOPClosing Agent or Attorney Sometimes called the settlement agent, this person works on behalf of the buyer to handle closing and legal transfer of title and ownership from the seller to the buyer. TOPClosing Costs Expenses (over and above the price of the property) incurred by buyers and sellers in transferring ownership of a property. Also called settlement costs. TOPClosing Statement A legal form used at closing that gives an account of the funds received and paid at closing, including the escrow deposits for taxes, hazard insurance, and borrower-paid mortgage insurance. This is also referred to as the HUD-1 Settlement Statement. TOPCollateral Property pledged as security for a debt, such as real estate pledged as security for a mortgage. TOPCommission A fee paid to real estate agent for their services in selling the property; generally, an agreed upon percentage of the selling price. TOPCommitment Letter A formal offer by a lender stating the terms under which it agrees to loan money to a homebuyer. TOPCondominium A form of property ownership in which the homeowner holds title to an individual dwelling unit plus an interest in common areas of a multi-unit project. TOPContingency A condition that must be met before a contract is legally binding. TOPConventional Mortgage Any mortgage that is not insured or guaranteed by the government. TOPConvertible ARM An adjustable-rate mortgage that can be converted to a fixed-rate mortgage under specified conditions. TOPCooperative A form of common property ownership in which the residents of a multi-unit building do not own their own units but rather shares in the corporation that owns the property. TOPCovenant A clause in a mortgage that obligates or restricts the borrower and which, if violated, can result in foreclosure. TOPCredit Report A report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's credit worthiness. TOPDebt Debt is the term used for any liability or obligation owed to another person or persons. TOPDebt-to-Income Ratio The ratio used to qualify a borrower for a mortgage. Compares the total monthly housing expense and other debt (the amount paid out) with the total monthly gross income (the amount earned). TOPDeed The legal document conveying title to a property. TOPDeed of Trust The document used in some states instead of a mortgage; title is conveyed to a trustee rather than to the borrower. TOPDefault Failure to make mortgage payments on a timely basis or to comply with other conditions of the mortgage. TOPDelinquency A loan in which a payment is overdue. TOPDepreciation A decline in the value of property; the opposite of "appreciation." TOPDiscount Points Amount payable to the lending institution by the borrower to buy down the interest rate on the loan. One point is equal to 1% of the loan. TOPDown Payment The part of the purchase price the buyer pays in cash and does not finance with a mortgage. TOPFair Credit Reporting Act A consumer protection law that defines a procedure for correcting mistakes on one's credit record. TOPFHA Loan A mortgage that is insured by the Federal Housing Administration (FHA). TOPFirst Mortgage The mortgage that has first claim in the event of default. TOPFixed-Rate Mortgage A mortgage in which the interest rate does not change during the entire term of the loan. TOPFlood Insurance Insurance required for properties in federally designated flood areas. TOPForbearance The lender's postponement of foreclosure to give the borrower time to catch up on overdue payments. TOPForeclosure The process by which a mortgaged property may be sold when a mortgage is in default. TOPGraduated Payment Mortgage A mortgage that starts with low monthly payments that increase at a predetermined rate. TOPHazard Insurance Insurance to protect the homeowner and lender against physical damage to a property from fire, wind, vandalism, or other hazards. TOPHome Inspection An inspection of a home done by a professional (usually after an offer is made) to establish the structural and mechanical integrity of the house. TOPHomeowner's Insurance An insurance policy that combines liability coverage and hazard insurance. TOPHomeowner's Warrant Insurance that covers repairs to specified parts of a house for a predetermined period of time. TOPInspector See Home Inspection. TOPInterest The fee charged for borrowing money. TOPInterest Rate Cap A provision of an adjustable-rate mortgage limiting how much interest rates may increase per adjustment period. See Lifetime Cap. TOPJoint Tenancy A form of co-ownership giving each tenant equal interest and equal rights in the property, including the right of survivorship. TOPLIBOR The average of inter-bank offered rates for U.S. dollar denominated deposits in the London market, the LIBOR is a rate of interest at which banks offer to lend money to one another.The index is commonly quoted for one-month, three-month, six-month and one-year periods. It is commonly used in capital markets but is also used as an index for adjustable rate mortgages. Current values can be found in various sources such as the Wall Street Journal. TOPLate Charge The penalty a borrower must pay when a payment is made after the due date. TOPLien A legal claim against a property that must be paid when the property is sold. TOPLifetime Cap A provision of an adjustable-rate mortgage that limits the total increase in a mortgage interest rate over the life of the loan. TOPLoan Servicing The application of mortgage payments from borrowers and related responsibilities, including collection efforts when necessary. TOPLoan-to-Value Ratio (LTV) The relationship between the amount of a mortgage and the total value of the property. TOPLock-in A written agreement stating the terms of a borrower's specified interest rate and discount point selection. TOPLow Down Payment Rate Adjustment Some lenders may offer a low down payment rate adjustment as an alternative to borrower-paid mortgage insurance. If a borrower makes a down payment of less than 20%, the lender requires either insurance against default (borrower-paid mortgage insurance) or a higher interest rate (low down payment rate adjustment). A low down payment rate adjustment may cost a borrower less than borrower-paid mortgage insurance because of the possible tax deductibility of the higher interest and the relatively low impact the adjustment has on the total monthly payment. Once a satisfactory level of equity has accrued, the rate adjustment may be removed for the remainder of the loan term. A review of the equity position may be requested to determine if the adjustment should be removed. TOPManufactured Housing Manufactured Home means a structure, transportable in one or more sections, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. Modular homes that meet HUD code standards are included in this definition. TOPMargin The set percentage the lender adds to the index rate to determine the interest rate of an adjustable-rate mortgage. TOPMortgage A legal document that pledges a property to the lender as security for payment of a debt. TOPMortgage Banker A company that originates mortgages exclusively for resale in the secondary market. TOPMortgage Broker A company that, for a fee, matches borrowers with lenders. TOPMortgage Insurance See Private Mortgage Insurance. TOPMortgage Insurance Premium (MIP) The fee paid by a borrower to FHA or a private insurer for mortgage insurance. TOPMortgage Life Insurance Insurance policy on the life of the borrower to pay the total mortgage debt if the borrower dies before the mortgage is fully paid. TOPMortgage Note A legal document obligating a borrower to repay a loan at a stated interest rate for a specified period of time, with a specific monthly payment date. TOPMortgagee The lender in a mortgage agreement. TOPNegative Amortization Payment terms under which the borrower's monthly payments do not cover the interest due; as a result, the loan balance increases. TOPNotice of Default A formal written notice to a borrower that a default has occurred and that legal action may be taken. TOPOrigination Fee A fee paid to a lender for processing a loan application; it is stated as a percentage of the mortgage amount, and may be called points. TOPOwner Financing A purchase in which the seller provides all or part of the financing. TOPPayment Cap A provision of some adjustable-rate mortgages limiting how much a borrower's payments may increase regardless of how much the interest rate increases; may result in negative amortization. TOPPITI The components of a monthly mortgage payment: principal, interest, taxes, and insurance. TOPPlanned Unit Development (PUD) A subdivision having lots or areas owned in common and reserved for the use of some or all of the owners of the separately owned lots. The association of unit owners generally owns, pays fees, and maintains the common areas. TOPPoints A point is one percent of the amount of the mortgage loan. Points may be used as the origination fee or as discount points to reduce the interest rate. TOPPrepayment Penalty A fee charged to a borrower who pays off a loan earlier than specified in the loan documents. TOPPre-qualification The process of pre-determining how much money a prospective homebuyer might be eligible to borrow. Pre-qualifying for a loan does not guarantee approval. TOPPrincipal The amount borrowed or remaining unpaid; also, that part of the monthly payment that reduces the outstanding balance of a mortgage. TOPPrivate Mortgage Insurance Insurance for the lender that protects against loss in case of loan default by the borrower. TOPPurchase and Sale Agreement A written contract signed by the buyer and seller stating the terms and conditions under which a property will be sold. TOPQualifying Ratios Guidelines for comparisons between housing costs, total debt, and a borrower's income; applied by lenders to determine how large a loan a homebuyer can afford. TOPSales Contract Sometimes called the offer to purchase, or the sales agreement. It is the controlling document for the closing and contains everything the buyer and seller have agreed upon. TOPSecond Mortgage A mortgage that carries rights subordinate to the rights of the first mortgage holder. TOPSeller Take-Back An agreement in which the owner of a property provides financing, often in combination with an assumed mortgage. TOPServicer The party entrusted with the application of mortgage payments, and the management and disbursement of the mortgage escrow accounts, including collection efforts and legal steps to initiate foreclosure if needed. TOPSettlement The closing of a mortgage loan. Also, the delivery of a loan or security to a buyer. TOPSettlement Sheet The computation of costs payable at closing which determines the seller's net proceeds and the buyer's net payment. TOPSurvey A drawing indicating the legal boundaries of a property. TOPTitle A legal document establishing the right of ownership. TOPTitle Company A company that specializes in insuring title to property. Title insurance protects the lender (lender's policy) or the buyers (owner's policy) against loss arising from disputes over ownership of a property. TOPTitle Search A check of the title records to ensure that the seller is the legal owner of the property and that there are no liens or other claims outstanding. TOPTransfer Tax State or local tax payable when title passes from one owner to another. TOPTruth-in-Lending Law A federal law that requires lenders to fully disclose, in writing, the terms and conditions of a mortgage, including the annual percentage rate (APR) and other charges. TOPUnderwriting The process of evaluating a loan application to determine the lender's level of risk. TOPVA Loan A loan that is guaranteed by the Veterans Administration. TOPZoning The division of a city or county by legislative regulations into areas (zones), specifying the uses allowable for the real property in those areas. 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