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| Mortgage Terms: |
ABSTRACT: A
summary; an condensed version
ABSTRACT OF TITLE: An
assembling of the recorded documents relating to a parcel of land, from
which an attorney may give an opinion as to the condition of title.
ACRE: A measure
of land equal to 43,560 square feet.
ACKNOWLEDGMENT: Formal
declaration before a public official that one has signed a document. Prior
to recording real estate legal documents such as grant deeds and deeds of
trust, a Notary Public acknowledges the person's signature on the document.
ADJUSTABLE RATE MORTGAGE (ARM): A
mortgage where the interest rate is not fixed for the life of the loan.
These mortgages adjust periodically based on an index that changes with
market conditions. The rate of interest is the sum of the index plus a margin.
The margin remains fixed for the life of the loan. Most ARMs have a periodic
interest rate and payment caps as well as life cap.
AGREEMENT OF SALE: An
agreement between parties for the sale of real estate.
ALIENATION CLAUSE: Provision
in a mortgage document stating that the loan must be paid in full if ownership
is transferred, sometimes contingent upon other occurrences such as transfer
of ownership of secured property.
AMORTIZE: Gradual
payment of debt through regular installments that cover both interest and
principal.
ANNUAL PERCENTAGE RATE (APR): A
measure of the cost of credit, expressed as a yearly rate. It includes interest
as well as other charges.
APPRAISED VALUE: An
opinion of the value of a property at a give time, based on facts regarding
the location, improvements, etc., of the property and surroundings.
APPRAISAL REPORT: Estimate
of real estate value. An appraisal evaluates the property at a given time
based on facts regarding the location, improvements, neighborhood, and comparable
sales. Generally, the value is based on: cost, market, and income.
APPRECIATION: Increase
in value or worth of property.
ARREARS: Payment
made after its due is in arrears. Interest is said to be paid in arrears
since it is paid to the date of payment rather than in advance.
"AS IS": A clause
that is used sometimes in the transfer of property. It means that the present
property is being transferred with no guarantee or warranty provided by
the seller.
ASSESSED VALUE: Value
placed on property as a basis for levying property taxes; not identical
with appraised or market value.
ASSIGNMENT: Transfer
of a contract from one party to another.
ASSUMPTION OF MORTGAGE: Agreement
by a buyer to assume the liability under an existing note secured by a mortgage
or deed of trust.
BALLOON NOTE: A
note calling for periodic payments which are insufficient to fully amortize
the face amount of the note prior to maturity, so that a principal sum know
as a "balloon" is due at maturity.
BALLOON PAYMENT: The
final payment of a mortgage which is larger that the regular payment; it
usually pays off the debt.
BANKRUPTCY: A
court action to restructure or erase debt.
BENEFICIARY: The
lender named on the mortgage note.
BLANKET MORTGAGE: A
mortgage covering multiple properties.
BRIDGE LOAN: A
form of interim loan, generally made between a short term loan and a long
term loan, when the borrower needs to have more time before taking on long
term financing.
BROKER: A person
that represents another for a fee in real estate transactions. Mortgage
brokers help consumers locate suitable real estate loans and are paid a
fee for their services.
BUYDOWN: A reduction
of the rate of interest of the monthly payments borrowers pay to the lender.
CAPS: Are
used on adjustable rate mortgages to limit the interest rate and/or the
payment.
CAPITAL GAIN: Taxable
profit on the sale of an appreciated asset.
CERTIFICATE OF REASONABLE VALUE (CRV): An appraisal of property for the purpose of insurance
for a VA loan.
CERTIFIED COPY: A
true copy, attested to be true by the officer holding the original.
CHATTEL: Personal
property.
CLOSING: Conclusion
of a real estate sale, where the title of the property is transferred to
the new owners and funds are transferred to the appropriate parties.
CLOSING AGENT: A
third neutral party that performs the real estate transaction.
CLOSING COSTS: Expenses
incurred by the buyer/borrower and the seller in a real estate or mortgage
transaction.
CLOSING STATEMENT: Statement
prepared for the buyer and sell itemizing all of the cost of a real estate
transaction.
CLOUD ON TITLE: An
invalid encumbrance on real property, which if valid, would affect the rights
of the owner.
COMMISSION: The
fee paid to the broker or other entity for services rendered.
COMMITMENT: A
written promise to make or insure a loan for a specified amount and on specified
items.
COMPARABLES: Properties
used as comparisons to determine the value of a specified property.
CONDITIONAL COMMITMENT: A
lenders promise to issue a loan subject to certain conditions.
CONSTRUCTION LOAN: Short
term financing of real estate construction. Generally followed by the long
term financing.
CONTINGENCY: Condition,
which must be satisfied before the buyer can consummate the purchase of
a property.
CONTRACT OF SALE: A
purchase transaction in which the buyer receives possession of the property,
but the seller retains title.
CONVENTIONAL LOAN: A
mortgage loan this not guaranteed or insured by the government.
CONVENTIONAL MORTGAGE: A
loan neither insured by the FHA nor guaranteed by the VA.
CONVERSION CLAUSE: A
provision in some ARMs that allows you to change the ARM to a fixed-rate
loan at some point during the term. Usually the conversion is allowed at
the end of the first adjustment period.
CONTRACT SALES PRICE: The
full purchase price as stated in the contract.
DEED OF TRUST: An
instrument given by the borrower to a third party (trustee) vesting title
to the property in the trustee as security for the borrower's repayment
of the mortgage loan.
DEED RESTRICTION: Provision
placed in deed to control use and occupancy of the property by future owners.
DEFAULT: Failure
to make mortgage payment or violation of other provisions of the mortgage
note.
DEFICIENCY JUDGEMENT: Personal
claim against the debtor, when foreclosed property does not yield enough
at the sale to pay off the loans and interest against it.
DEPRECIATION: Decrease
in value to real property improvements caused by deterioration or obsolescence.
DISCOUNT: A loan
funded below par. Lenders or investors will fund loans at a discount in
order to increase the overall yield on the note.
DISBURSEMENTS: Payments
made during the course of an escrow or at closing.
DOCUMENTARY TAX STAMPS: Stamps,
affixed to a deed, showing the amount of transfer tax.
DOWN PAYMENT: Cash
to be paid by the buyer at closing to consummate a real estate transaction.
EARNEST MONEY: Cash
to be paid by the buyer at closing.
EASEMENT: A right
created by grant, reservation, agreement, prescription, or necessary implication,
which one has in the land of another.
EMINENT DOMAIN: a
government right to acquire private property for public use.
ENCROACHMENT: Construction
onto the property of another.
ENCUMBRANCE: Unauthorized
intrusion of a building or improvement onto another's land. A claim attached
to and binding real property.
EQUITY: The difference
between the market value of the property and the homeowners mortgage debt.
ESCROW: Funds
given to a third party to be held until a specific occurrence. A Lender
collecting and paying the taxes and insurance on behalf of the borrower.
FANNIE MAE (FNMA): Federal National Mortgage Association. FNMA is one
of the major secondary market investors that purchase loans from mortgage
companies and other depository institutions.
FEDERAL HOME LOAN MORTGAGE CORP. (FHLMC/FREDDIE
MAC): A government sponsored agency that
is also a publicly traded company. They purchase mortgage loans from mortgage
bankers and financial depository institutions.
FEDERAL HOUSING ADMINISTRATION: A
federal agency, which insures first mortgages, enabling lenders to loan
a very high percentage of the sales price.
FEDERAL TAX LIEN: A
lien attached to property for nonpayment of a federal tax.
FEE SIMPLE: Highest
possible degree of ownership of land.
FIDUCIARY: A person
in a position of rust or responsibility with specific duties to act in the
best interest of the client. Real estate brokers and mortgage brokers are
fiduciaries.
FIRST MORTGAGE: Mortgage holding priority over the claims of subsequent lenders against
the same property.
FIXTURE: Personal
property that has become part of the real estate.
FORECLOSURE: A
proceeding in or out of court, to extinguish all rights, title, and interest,
of the owner(s) of a property in order to sell the property and satisfy
a lien against it.
FREDDE MAC: Federal
Home Loan Mortgage Company. A federal agency purchasing first mortgages,
both conventional and federally insured, from members of the Federal Reserve
System, and the Federal Home Loan Bank System.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
(GNMA/GINNIE MAE): A government owned agency
that acts as a secondary market conduit for FHA & VA loans. GNMA guarantees
the timely principal and interest payments to investors.
HAZARD INSURANCE: Insurance
on a property against fire and similar risk.
HOMEOWNER'S POLICY: Policy,
which expands the insurance for a homeowner.
HOUSING AND URBAN DEVELOPMENT (HUD): The federal government agency that oversees mortgage
loans.
HUD 1: A closing
document required by HUD that outlines the settlement cost of a loan. The
closing agent generally prepares the document.
INDEX: A
published rate or benchmark measure of current interest rate levels used
to calculate periodic changes in rates charged on adjustable rate mortgages.
INTEREST PAYMENT NOTIFICATION (FORM 1098): A federal tax form that lenders use at year end to
notify borrowers of the interest that was paid on their mortgage over the
last year.
INTEREST RATE: A
percentage of an amount of money, which is paid for its use for a specified
time.
INVESTMENT PROPERTY: A
property that is not occupied by the owner and in most cases receives income
off the property.
JOINT TENANCY: An
undivided interest in property, taken by two or more joint tenants. Upon
death of joint tenant the interest passes to the surviving joint tenants,
rather that to the heirs of the deceased.
JUDGEMENT: The
decision of a court of law. Money judgements, when recorded, become a lien
on real property of the defendant.
JUNIOR MORTGAGE: A
mortgage subordinate to another mortgage.
LAND CONTRACT: Installment plan for buying a house. It is used as an alternate to obtaining
a loan from a traditional source.
LATE CHARGE: A
penalty for failure to pay an installment on time.
LEASE WITH OPTION TO PURCHASE: A
lease under which the lessee has the right to purchase the property.
LEGAL DESCRIPTION: An
expanded and unique description of a property that is used on legal documents
such as a deed.
LENDER: A general
term encompassing all mortgages and beneficiaries under deed of trust.
LIEN: An encumbrance
against property for money, either voluntary or involuntary.
LIFE ESTATE: An
estate in real property for the life of a living person. The estate then
reverts back to the grantor or on to a third party.
LIS PENDENS: A
notice that litigation is pending on a property.
LOCK: Guarantee
that the borrower will receive the rate in effect at the time of loan application.
LOAN-TO-VALUE RATIO (LTV): The
ratio of the mortgage loan amount to the property appraised value.
MARGIN: The
number of percentage points the lender adds to the index rate to calculate
the ARM interest rate at each adjustment.
MARKET VALUE: The
most likely price a given property will bring if widely exposed on the market,
assuming fully informed buyer and seller.
MECHANICS LIEN: A
lien created by statue for the purpose of securing priority of payment for
work performed and materials furnished in construction or repair.
MORTGAGE: A lien
or claim against real property given as security for a loan.
MORTGAGEE: The
lender of money.
MORTGAGOR: The
borrower of money.
NEGATIVE AMORTIZATION: Occurs when the monthly payments do not cover all
the interest. This results in the principal balance increasing over the
term of the loan.
NOTE: A written
promise to repay a certain sum of money on specified terms.
OPEN END MORTGAGE: A mortgage permitting the mortgagor to borrow additional
money under the same mortgage.
ORIGINATION FEE: A
fee or charge for work involved in the evaluation, preparation and submission
of a proposed mortgage loan.
OWNERS POLICY: Title
insurance for the owner of property, rather than a lien holder.
PAPER: A
mortgage, deed of trust, or land contract, which is given instead of money.
PARTIAL RELEASE: A
release of a portion of property covered by a mortgage.
PITI: An abbreviation
for principal, interest, taxes and insurance.
PLAT: A map or
chart of a lot, subdivision or community, showing boundary lines, buildings
and easements.
PMI: An
abbreviation for private mortgage insurance. Insuring part of the first
mortgage, enabling a lender to make a conventional loan of a higher percentage
of the property value.
POINTS: A Point is equal to one percent of the principal amount of a mortgage.
PREPAID INTEREST: Prepaid
interest is the interest charged to borrowers at loan closing to pay for
the cost of borrowing for a partial month.
PREPAYMENT: Full
payment of the principal before the due date.
PREPAYMENT PENALTY: Charge levied by the
lender for paying off a mortgage loan before its maturity date.
PRIMARY RESIDENCE: Considered
the permanent location or residency.
PROPERTY TAX: A
tax levied by the local municipality or county on real property.
QUICK CLAIM DEED: A
deed operating as a release; intended to pass any title, interest, or claim
which the grantor may have in the property.
REAL ESTATE: Land
and anything permanently affixed to the land, and those things attached
to the building.
REFINANCING: The
repayment of debt from the proceeds of a new loan using the same property
as security.
RELEASE: An instrument
releasing property from the lien of the mortgage, judgement, etc.
RESPA (REAL ESTATE SETTLEMENT PROCEDURES ACT): A federal statue requiring disclosure of certain costs
in the sale or refinance of residential property.
REVERSE MORTGAGE: A
special program that provides income until death. Payment requirements are
arranged through the increase in the principal amount of the loan.
SECOND HOME: Commonly
known as a vacation home.
SECONDARY MARKET: The
buying and selling of mortgage notes.
SECURITY: Real
or personal property pledged by a borrower, as additional protection for
the lender's interest.
SETTLEMENT STATEMENT: A
statement prepared by lender giving a complete breakdown of the costs involved
in a real estate transaction.
SURVEY: Map made
by a licensed surveyor who measures the land and charts its boundaries,
improvements and relationship to the property surrounding it.
TAX LIEN: Lien
for nonpayment of taxes.
TENANCY BY THE ENTIRETY: A
form of ownership by husband and wife whereby each owns the entire property.
In event of death of one, the survivor owns the property without probate.
TITLE: It indicates
the accumulation of all rights in property by the owners and others.
TITLE INSURANCE: An
insurance policy, which protects the insured against loss, arising from
defects in title.
TITLE SEARCH: A
review of the public records to make sure that no adverse claims affect
the value of the title.
TRUTH IN LENDING STATEMENT (REGULATION Z): A federal government regulation that provides details
of the cost of obtaining a mortgage loan.
WARRANTY DEED: Most
valuable type of deed, in which the grantor makes formal assurance of title.
W2's: Tax form
that is provided by employers to employees that states the income and taxes
paid in a calendar year.
Copyright 2007 M.S.Barnett Funding, Inc.
All Rights Reserved
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1713 State Road 60 East, Valrico, FL 33594
Toll Free: 877-655-1999
Phone: 813-655-1999
Fax: 813-655-1996
info@msbarnettfunding.com

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