The Answer Book for Buyers • December 21, 2016

7 Reasons to Work With a REALTOR®

REALTORS® aren’t just agents. They’re professional members of the National Association of REALTORS® and subscribe to its strict code of ethics. This is the REALTOR® difference for home buyers:

  1. Ethical treatment.
    Every REALTOR® must adhere to a strict code of ethics, which is based on professionalism and protection of the public. As a REALTOR®’s client, you can expect honest and ethical treatment in all transaction-related matters. The first obligation is to you, the client.
  2. An expert guide.
    Buying a home usually requires dozens of forms, reports, disclosures, and other technical documents. A knowledgeable expert will help you prepare the best deal, and avoid delays or costly mistakes. Also, there’s a lot of jargon involved, so you want to work with a professional who can speak the language.
  3. Objective information and opinions.
    REALTORS® can provide local information on utilities, zoning, schools, and more. They also have objective information about each property. REALTORs® can use that data to help you determine if the property has what you need. By understanding both your needs and search area, they can also point out neighborhoods you don’t know much about but that might suit your needs better than you’d thought.
  4. Expanded search power.
    Sometimes properties are available but not actively advertised. A REALTOR® can help you find opportunities not listed on home search sites and can help you avoid out-of-date listings that might be showing up as available online but are no longer on the market.
  5. Negotiation knowledge.
    There are many factors up for discussion in a deal. A REALTOR® will look at every angle from your perspective, including crafting a purchase agreement that allows enough time for you to complete inspections and investigations of the property before you are bound to complete the purchase.
  6. Up-to-date experience.
    Most people buy only a few homes in their lifetime, usually with quite a few years in between each purchase. Even if you’ve done it before, laws and regulations change. REALTORS® handle hundreds of transactions over the course of their career.
  7. Your rock during emotional moments.
    A home is so much more than four walls and a roof. And for most people, property represents the biggest purchase they’ll ever make. Having a concerned, but objective, third party helps you stay focused on the issues most important to you.
The Answer Book for Buyers • December 20, 2016

The Answer Book for Buyers

Contents

A collection of how-tos, checklists, and worksheets to help your buyers and sellers understand what to expect during the real estate purchasing experience.

The Basics

Buyer

What to Know | 7 Reasons to Own A Home page 3
What to Know | 7 Reasons to Work With a REALTOR® page 4
Questions to Ask | When Choosing a REALTOR® page 5
Vocabulary | Agency & Agency Relationships page 6
How to | Prepare for House-Hunting page 7
How to | Prepare to Buy a Home page 8
Worksheet | Track Your Budget page 9
What to Know | About Credit Scores page 10
How to | Improve Your Credit page 11
What to Know | The Tax Benefits of Owning page 12
How to | Prepare to Finance a Home page 13
Vocabulary | Loans & Lending Terms page 14
Questions to Ask | When Choosing a Lender page 15
How to | Finance a Home Creatively page 16

The Property

Buyer

Worksheet | Define Your Dream Home page 17
Questions to Ask | About the Neighborhood page 18
Questions to Ask | When Considering a Condo or HOA page 19
Questions to Ask | The Condo Board page 20
Questions to Ask | When Choosing a Home Inspector page 21
What to Know | About the Home Inspection page 22
What to Know | About Home Hazards page 23
Vocabulary | Green Home Terms page 24
What to Know | About the Appraisal Process page 25
Questions to Ask | About Property Tax page 26

The Transaction

Buyer

Worksheet | Service Provider Contacts page 27
Checklist | Your Mortgage Application page 28
Questions to Ask | Before Making a Short Sale Offer page 29
Checklist | Your Short-Sale Purchase Team page 30
How to | Buy In a Tight Market page 31
What to Know | About Homeowner’s Insurance page 32
How to | Lower Homeowner’s Insurance Costs page 33
What to Know | About Title Insurance page 34
Worksheet | Track Closing Costs page 35
Vocabulary | Transaction Documents page 36
Checklist | Your Final Walk-Through page 37

The Move

How to | Prepare for the Move page 38
How to | Pack Like a Pro page 39
How to | Move With Pets page 40
Checklist | For New Owners page 41
Foreclosure • Real Estate Resources & Information • December 20, 2016

Avoid Foreclosure Glossary

A

Abandonment
The situation in which a homeowner leaves a house with no intention to return.

Accrued Items of Expense
Those incurred expenses that are not yet payable. The seller’s accrued expenses are credited to the purchaser in the closing statement.

Apportionment
The adjustment of the income, expenses, or carrying charges of real estate that are usually computed to the date of closing of title so that the seller pays all expenses to that date. The buyer assumes all expenses from the data on which the deed is conveyed to the buyer.

Appraisal
An estimate of a property’s value made by an appraiser who is usually presumed to be and expert in this work.

Appurtenance
Something which is outside the property itself but belongs to the land and adds to its greater enjoyment, such as a right-of-way or a barn or a dwelling.

Assessed Valuation
A valuation placed upon property by a public officer or a board as a basis for taxation.

Auction
The process of selling property at a public sale to the highest bidder. The person conducting the sale will call out the initial asking price and each price that anyone in the audience bids until no one will bid a higher price. The auctioneer then calls out “going once, going twice, sold to the highest bidder!”

Automatic Stay
A bankruptcy court order. When bankruptcy is filed, the bankruptcy court will issue a court order that prevents any creditor from attempting to collect any debt from the person who declared bankruptcy. Creditors, even though they are owed money, may not undertake foreclosure, repossession, eviction or seizure, or even call or write the debtor demanding payment. Instead, they must all come to the bankruptcy court and seek the money they are owed together with the other creditors.

B

Balance Owed on the Loan
The part of the original loan that remains unpaid by the borrower at a given point in time.

Bankruptcy

Debts discharged through bankruptcy are not considered taxable income.

Bearer
Lender in whose hands the promissory note remains until it is paid in full.

Beneficiary
(1) One entitled to the benefit of a trust: (2) One who receives profit from an estate, the title of which is vested in a trustee: (3) The lender on a security of a note and deed of trust.

Beneficiary’s Statement
(“Benny Statement”) A written statement of the conditions and remaining balance of a loan secured by a deed of trust.

Broker Price Opinion
A real estate broker’s estimate of the price for which property can reasonably be sold. The broker price opinion is often much cheaper than a professional appraisal, but often just as good, or even more useful because it tells the owner at what price the property can successfully be marketed.

C

Certificate of Sale
A document indicating that a property has been sold to a buyer at foreclosure, subject to a right of redemption for a set period after the foreclosure sale. In an IRS, the redemption period is 180 days. The redemption period is different in other types of foreclosure. Many foreclosures take place without any certificate sale. Instead, if the sale is final, or near final, the buyer gets a deed rather than a certificate of sale.

Certain farm debts

If you incurred the debt directly in operation of a farm, more than half your income from the prior three years was from farming, and the loan was owed to a person or agency regularly engaged in lending, your canceled debt is generally not considered taxable income. The rules applicable to farmers are complex and the assistance of a tax professional is recommended if you believe you qualify for this exception.

Chain of Title
A history of the conveyances and encumbrances affecting a title from the time the original patent was granted, or as far back as records are available.

Chattel
Personal property, such as household goods or fixtures

Clear Title
Ownership rights to a piece of real estate that are not diminished by liens, leases or other types of encumbrances. No other ownership claims exist.

Cloud on the Title
An outstanding claim or encumbrance that, if valid, would affect or impair the owner’s title.

Conditional Sales Contract
A contract for the sale of property stating that, although delivery is to be made to the buyer, the title is to remain vested in the sell until the conditions of the contract have been fulfilled.

Conforming Loans
Loans that meet FNMA standards.

Conventional Lender
A lender that makes conventional loans.

Conveyance
The process of transferring title or some interest in real estate to a new owner.

Cram-down
A chapter 13 bankruptcy arrangement in which a plan to repay lenders and creditors, which was developed by the debtor’s attorney, is ordered into effect by the bankruptcy court. It is crammed down on the sometimes unwilling creditors.

Cured Default
Correction of a borrower’s failure to make payments or meet the terms of a loan to the lender’s satisfaction.

D

Decree
The final order of a court in many states.

Deed
The legal document commonly used to transfer ownership of real estate from one owner to the next.

Deed in Lieu of Foreclosure
Instead of waiting until the lender forces the sale of the house in foreclosure, usually to the lender; the borrower just deeds the property to the lender.

Deed of Reconveyance
An instrument that releases and discharges a deed of trust.

Defeasance Clause
The clause in a mortgage that permits the mortgagor to redeem his or her property upon the payment of the obligations to the mortgagee.

Deficiency
Money a borrower who has lost real estate in foreclosure still owes to the lender because the foreclosure sale failed to generate enough to pay off the loan. Frequently, lenders acquire title to real estate at foreclosures, in which case they most often give credit only for the fair market value of the property against the balance due on the loan. Any unpaid balance on the loan after all just credits are applied is the usual amount of a deficiency. Many states limit or restrict deficiencies.

Deficiency Judgment
A court judgment that a defaulting borrower owes a deficiency.

Delinquency
The state of affairs when payments on a note or other loan obligation are past due.

Discharge of Indebtedness
A lender tells a borrower that a loan doesn’t have to be paid back, also called discharge of debt.

Double Whammy
Some lenders refuse to permit assumptions, which is one blow, while at the same time insisting on a hefty prepayment penalty when the non assumable loan is paid off early, which is a second blow.

E

Easement
A right that may be exercised by the public or individuals on, over, or through the property of others.

Entry and Possession
A method of foreclosure used in some states in which the lender, who already owns the property, reenters it and takes possession away from the borrower, either peacefully or by court order.

Equity Skimmer
A scam artist who assumes a loan and collects money up front, and possibly rents, then refuses to pay the payments on the assumed loan while keeping the cash paid up front.

Eviction
The legal procedure to have a tenant forcibly removed from a dwelling

Extending the Loan Term
Giving the borrower more time to repay a loan.

F

Fair Credit Reporting Act
A federal law that regulates credit bureaus and credit reports and gives persons certain rights regarding both.

Fair Market Value
The value that a willing and knowledgeable buyer would pay, and a willing and knowledgeable seller would accept, in an arm’s-length transaction for a property.

Fannie Mae
A government-chartered but privately owned corporation that buys mortgages from mortgage companies

FNMA
A government-chartered but privately owned corporation that buys mortgages from mortgage companies. Also called Fannie Mae

Forbearance
A lender voluntarily accepts payments that are lower than originally agreed in the loan documents for a limited period of time in order to allow the borrower to recover financially. The borrower must eventually repay the missing or reduced payments, as well as all the other remaining payments on the loan.

Foreclosure
The forced sale of a piece of real estate to repay a debt.

Freeze Order
A bankruptcy court order. When bankruptcy is filed, the bankruptcy court will issue a court order that prevents any creditor from attempting to collect any debt from the person who declared bankruptcy. Creditors, even though they are owed money, may not undertake foreclosure, repossession, eviction or seizure, or even call or write the debtor demanding payment. Instead, they must all come to the bankruptcy court and seek the money they are owed together with the other creditors.

G

Grace Period
Additional time allowed to perform an act or make a payment before a default occurs.

Grant Deed
A deed of conveyance that implies that the grantor (seller) is granting an actual interest and has not previously granted such interest to anyone else.

H

Homestead
Special legal protection that many states give to a person’s principal residence.

Housing and Urban Development
A department of the federal government that administers housing programs.

I

Impound Account
An account held by the lender that is used for him or her to advance payments of certain expenses or charges that are incidental to property ownership and that may protect the lender’s security.

Insolvency.

If you are insolvent when the debt is canceled, some or all of the canceled debt may not be taxable to you. You are insolvent when your total debts are more than the fair market value of your total assets. Insolvency can be fairly complex to determine and the assistance of a tax professional is recommended if you believe you qualify for this exception.

 

Involuntary Lien
A lien imposed against property without consent of the owner, e.g., taxes, special assessments.

J

Judgment
The final decision of a court.

Judicial Foreclosure
A foreclosure action that is executed by the court.

Junior Lien holder
A holder of a right to force the sale of property that is inferior and subordinate to another lien holder’s right to do the same. A junior lien holder who forces the sale of the real estate must either pay off the senior lien or make arrangements to make payments on it to prevent it from being foreclosed. The foreclosure of a first lien destroys the right of a junior lien holder to foreclose, but the foreclosure of a junior lien does not affect the right of a senior lien to foreclose.

L

Liquidating Plan
A plan by which a borrower repays missed payments to the lender over time.

Liquidation Appraisal
An estimate of the value of property when it is sold quickly in a forced sale. Usually, this figure is lower than fair market value for a regularly conducted sale.

Loan Modification
A procedure in which a loan’s terms, such as the interest rate, monthly payment or term, are altered.

Lot Book Report
A report made by a title company that identifies and encumbrances recorded against a particular property. A lot book report does not identify liens recorded in the name of the owner that may affect property.

M

Mechanics Lien
A claim made to secure the price of labor done upon and materials furnished for uncompensated improvement.

Modification
A procedure in which a loan’s terms, such as the interest rate, monthly payment or term, are altered.

Mortgage Reduction Certificate
An instrument executed by the mortgagee, setting forth the status of and the balance due on the mortgage as of the date of the execution of the instrument.

Motion to Lift Stay
A formal request to a bankruptcy court to dissolve an automatic stay that prevents a lender from foreclosing. Once the motion is granted, the lender may proceed to foreclose unless the borrower can keep up the payments.

N

Negative Equity
A position in which a borrower owes more on property than the property is worth.

Non-judicial Foreclosure
Foreclosure on a mortgage without filing a lawsuit or obtaining a court order. Generally such sales occur because the borrower has signed a document, such as a deed of trust, giving a trustee pre-authorization to sell the real estate to pay off the debt.

Non-recourse loans

A non-recourse loan is a loan for which the lenders only remedy in case of default is to repossess the property being financed or used as collateral. That is, the lender cannot pursue you personally in case of default. Forgiveness of a non-recourse loan resulting from a foreclosure does not result in cancellation of debt income

Notice Of Default
Letter sent to a defaulting party as a reminder of the default. It may state a grace period and the penalties for failing to cure the default.

Notice Of Rescission
A document that is used to cancel a notice of default and declare that the default has been corrected.

O

One Action Rule
A rule of law, used heavily in California, that forces a lender to bring only one court action or proceeding against a borrower in a foreclosure. The one action rule makes it difficult for a lender to obtain a deficiency judgment against a borrower.

Open Mortgage
A mortgage that has matured or is overdue and, therefore, is “open” to foreclosure at any time.

Out-Of-Court Foreclosure
Foreclosure on a mortgage without filing a lawsuit or obtaining a court order. Generally such sales occur because the borrower has signed a document, such as a deed of trust, giving a trustee pre-authorization to sell the real estate to pay off the debt.

P

PMI-Assisted Presale
An arrangement in which a private mortgage insurance company pay for part of the loss that occurs when a house with negative equity (one worth less than the balance on the existing mortgage loan) is sold by regular means prior to a foreclosure.

Q

Quiet Title Suit
A suit in court to ascertain the legal rights of an owner to a certain parcel of real property.

R

Real Estate Owned
Property acquired by a lender through foreclosure and held in inventory; commonly referred to as REO.

Recasting
Restructuring a loan with a new interest rate and term. It may be the same loan from the same lender, but the terms change. FHA has a formal procedure to recast loans to assist home buyers to stay in their houses

Redemption
The right of a mortgagor to redeem property by paying a debt before sale at foreclosure; the right of an owner to reclaim his or her property after it has been sold to settle claims for unpaid taxes.

Redemption
The right of a mortgagor to redeem property by paying a debt before sale at foreclosure; the right of an owner to reclaim his or her property after it has been sold to settle claims for unpaid taxes.

Release Of Liability
The document that relieves a person who is obligated to pay a loan of any further obligations. It may be obtained when a buyer takes over the payments on the seller’s old loan, provided the buyer meets the lender’s standards for income and creditworthiness. If granted, the release of liability means the seller will not be responsible if the buyer fails to pay.

Repayment Plan
A plan for repaying missed payments over time

Request For Notice Of Default
A document that under statutory provisions, allows certain interested parties to request and be entitled to notification of a default.

Right Of Redemption
The right of a mortgagor to redeem property by paying a debt before sale at foreclosure; the right of an owner to reclaim his or her property after it has been sold to settle claims for unpaid taxes.

S

Scire Facias
A court command to a borrower to show up at a hearing and show cause why a foreclosure should not be authorized.

Short Payoff
A workout procedure in which the lender accepts less than the full balance due on the loan as part of a deal in which the borrower cooperates with the lender to obtain a quick sale. The lender skips foreclosure, which would take time, cost money and expose the house to vandalism, further declines in market value, and marketing costs for resale.

Strict Foreclosure
A legal premise followed by some states that the lender owns the property and may simply evict the borrower for nonpayment and gain full and complete title free of the borrower’s claims by waiting a prescribed period of time until the borrower’s right to redeem ends. The lender gains the value of the land above what is owned on the loan.

Summary Judgment
A legal procedure in which one side wins a lawsuit without a trial by showing that the case involves no material fact issues, but only legal issues that can be decided by the judge. If the judge agrees, then one side wins by Summary Judgment.

V

Veterans Administration
The arm of the federal government that guarantees loans and performs other services for veterans. This agency was formerly known as the Veterans Administration (VA).

W

Wrongful Foreclosure
A foreclosure that was legally improper and that caused a borrower to suffer damages.

Buyers • Real Estate Resources & Information • December 20, 2016

Glossary Of Home Financing Terms

203(k):this FHA mortgage insurance program enables homebuyers to finance both the purchase of a house and the cost of its rehabilitation through a single mortgage loan.

A

“A” Loan or “A” Paper: a credit rating where the FICO score is 660 or above. There have been no late mortgage payments within a 12-month period. This is the best credit rating to have when entering into a new loan.

ARM:Adjustable Rate Mortgage; a mortgage loan subject to changes in interest rates; when rates change, ARM monthly payments increase or decrease at intervals determined by the lender; the change in monthly payment amount, however, is usually subject to a cap.

Abstract of Title: documents recording the ownership of property throughout time.

Acceleration: the right of the lender to demand payment on the outstanding balance of a loan.

Acceptance: the written approval of the buyer’s offer by the seller.

Additional Principal Payment:money paid to the lender in addition to the established payment amount used directly against the loan principal to shorten the length of the loan.

Adjustable-Rate Mortgage (ARM): a mortgage loan that does not have a fixed interest rate. During the life of the loan the interest rate will change based on the index rate. Also referred to as adjustable mortgage loans (AMLs) or variable-rate mortgages (VRMs).

Adjustment Date: the actual date that the interest rate is changed for an ARM.

Adjustment Index: the published market index used to calculate the interest rate of an ARM at the time of origination or adjustment.

Adjustment Interval: the time between the interest rate change and the monthly payment for an ARM. The interval is usually every one, three or five years depending on the index.

Affidavit: a signed, sworn statement made by the buyer or seller regarding the truth of information provided.

Amenity: a feature of the home or property that serves as a benefit to the buyer but that is not necessary to its use; may be natural (like location, woods, water) or man-made (like a swimming pool or garden).

American Society of Home Inspectors: the American Society of Home Inspectors is a professional association of independent home inspectors. Phone:(800) 743-2744

Amortization:a payment plan that enables you to reduce your debt gradually through monthly payments. The payments may be principal and interest, or interest-only. The monthly amount is based on the schedule for the entire term or length of the loan.

Annual Mortgagor Statement: yearly statement to borrowers detailing the remaining principal and amounts paid for taxes and interest.

Annual Percentage Rate (APR): a measure of the cost of credit, expressed as a yearly rate. It includes interest as well as other charges. Because all lenders, by federal law, follow the same rules to ensure the accuracy of the annual percentage rate, it provides consumers with a good basis for comparing the cost of loans, including mortgage plans. APR is a higher rate than the simple interest of the mortgage.

Application: the first step in the official loan approval process; this form is used to record important information about the potential borrower necessary to the underwriting process.

Application Fee:a fee charged by lenders to process a loan application.

Appraisal: a document from a professional that gives an estimate of a property’s fair market value based on the sales of comparable homes in the area and the features of a property; an appraisal is generally required by a lender before loan approval to ensure that the mortgage loan amount is not more than the value of the property.

Appraisal Fee: fee charged by an appraiser to estimate the market value of a property.

Appraised Value: an estimation of the current market value of a property.

Appraiser: a qualified individual who uses his or her experience and knowledge to prepare the appraisal estimate.

Appreciation: an increase in property value.

Arbitration: a legal method of resolving a dispute without going to court.

As-is Condition: the purchase or sale of a property in its existing condition without repairs.

Asking Price: a seller’s stated price for a property.

Assessed Value: the value that a public official has placed on any asset (used to determine taxes).

Assessments: the method of placing value on an asset for taxation purposes.

Assessor: a government official who is responsible for determining the value of a property for the purpose of taxation.

Assets: any item with measurable value.

Assumable Mortgage: when a home is sold, the seller may be able to transfer the mortgage to the new buyer. This means the mortgage is assumable. Lenders generally require a credit review of the new borrower and may charge a fee for the assumption. Some mortgages contain a due-on-sale clause, which means that the mortgage may not be transferable to a new buyer. Instead, the lender may make you pay the entire balance that is due when you sell the home. An assumable mortgage can help you attract buyers if you sell your home.

Assumption Clause: a provision in the terms of a loan that allows the buyer to take legal responsibility for the mortgage from the seller.

Automated Underwriting: loan processing completed through a computer-based system that evaluates past credit history to determine if a loan should be approved. This system removes the possibility of personal bias against the buyer.

Average Price: determining the cost of a home by totaling the cost of all houses sold in one area and dividing by the number of homes sold.

B

“B” Loan or “B” Paper: FICO scores from 620 – 659. Factors include two 30 day late mortgage payments and two to three 30 day late installment loan payments in the last 12 months. No delinquencies over 60 days are allowed. Should be two to four years since a bankruptcy. Also referred to as Sub-Prime.

Back End Ratio (debt ratio): a ratio that compares the total of all monthly debt payments (mortgage, real estate taxes and insurance, car loans, and other consumer loans) to gross monthly income.

Back to Back Escrow: arrangements that an owner makes to oversee the sale of one property and the purchase of another at the same time.

Balance Sheet:a financial statement that shows the assets, liabilities and net worth of an individual or company.

Balloon Loan or Mortgage: a mortgage that typically offers low rates for an initial period of time (usually 5, 7, or 10) years; after that time period elapses, the balance is due or is refinanced by the borrower.

Balloon Payment: the final lump sum payment due at the end of a balloon mortgage.

Bankruptcy: a federal law whereby a person’s assets are turned over to a trustee and used to pay off outstanding debts; this usually occurs when someone owes more than they have the ability to repay.

Biweekly Payment Mortgage: a mortgage paid twice a month instead of once a month, reducing the amount of interest to be paid on the loan.

Borrower:a person who has been approved to receive a loan and is then obligated to repay it and any additional fees according to the loan terms.

Bridge Loan: a short-term loan paid back relatively fast. Normally used until a long-term loan can be processed.

Broker: a licensed individual or firm that charges a fee to serve as the mediator between the buyer and seller. Mortgage brokers are individuals in the business of arranging funding or negotiating contracts for a client, but who does not loan the money. A real estate broker is someone who helps find a house.

Building Code: based on agreed upon safety standards within a specific area, a building code is a regulation that determines the design, construction, and materials used in building.

Budget: a detailed record of all income earned and spent during a specific period of time.

Buy Down: the seller pays an amount to the lender so the lender provides a lower rate and lower payments many times for an ARM. The seller may increase the sales price to cover the cost of the buy down.

C

“C” Loan or “C” Paper: FICO scores typically from 580 to 619. Factors include three to four 30 day late mortgage payments and four to six 30 day late installment loan payments or two to four 60 day late payments. Should be one to two years since bankruptcy. Also referred to as Sub – Prime.

Callable Debt: a debt security whose issuer has the right to redeem the security at a specified price on or after a specified date, but prior to its stated final maturity.

Cap: a limit, such as one placed on an adjustable rate mortgage, on how much a monthly payment or interest rate can increase or decrease, either at each adjustment period or during the life of the mortgage. Payment caps do not limit the amount of interest the lender is earning, so they may cause negative amortization.

Capacity: The ability to make mortgage payments on time, dependant on assets and the amount of income each month after paying housing costs, debts and other obligations.

Capital Gain: the profit received based on the difference of the original purchase price and the total sale price.

Capital Improvements: property improvements that either will enhance the property value or will increase the useful life of the property.

Capital or Cash Reserves: an individual’s savings, investments, or assets.

Cash-Out Refinance: when a borrower refinances a mortgage at a higher principal amount to get additional money. Usually this occurs when the property has appreciated in value. For example, if a home has a current value of $100,000 and an outstanding mortgage of $60,000, the owner could refinance $80,000 and have additional $20,000 in cash.

Cash Reserves: a cash amount sometimes required of the buyer to be held in reserve in addition to the down payment and closing costs; the amount is determined by the lender.

Casualty Protection:property insurance that covers any damage to the home and personal property either inside or outside the home.

Certificate of Title: a document provided by a qualified source, such as a title company, that shows the property legally belongs to the current owner; before the title is transferred at closing, it should be clear and free of all liens or other claims.

Chapter 7 Bankruptcy:a bankruptcy that requires assets be liquidated in exchange for the cancellation of debt.

Chapter 13 Bankruptcy: this type of bankruptcy sets a payment plan between the borrower and the creditor monitored by the court. The homeowner can keep the property, but must make payments according to the court’s terms within a 3 to 5 year period.

Charge-Off:the portion of principal and interest due on a loan that is written off when deemed to be uncollectible.

Clear Title:a property title that has no defects. Properties with clear titles are marketable for sale.

Closing:the final step in property purchase where the title is transferred from the seller to the buyer. Closing occurs at a meeting between the buyer, seller, settlement agent, and other agents. At the closing the seller receives payment for the property. Also known as settlement.

Closing Costs:fees for final property transfer not included in the price of the property. Typical closing costs include charges for the mortgage loan such as origination fees, discount points, appraisal fee, survey, title insurance, legal fees, real estate professional fees, prepayment of taxes and insurance, and real estate transfer taxes. A common estimate of a Buyer’s closing costs is 2 to 4 percent of the purchase price of the home. A common estimate for Seller’s closing costs is 3 to 9 percent.

Cloud On The Title: any condition which affects the clear title to real property.

Co-Borrower: an additional person that is responsible for loan repayment and is listed on the title.

Co-Signed Account:an account signed by someone in addition to the primary borrower, making both people responsible for the amount borrowed.

Co-Signer: a person that signs a credit application with another person, agreeing to be equally responsible for the repayment of the loan.

Collateral: security in the form of money or property pledged for the payment of a loan. For example, on a home loan, the home is the collateral and can be taken away from the borrower if mortgage payments are not made.

Collection Account: an unpaid debt referred to a collection agency to collect on the bad debt. This type of account is reported to the credit bureau and will show on the borrower’s credit report.

Commission: an amount, usually a percentage of the property sales price that is collected by a real estate professional as a fee for negotiating the transaction. Traditionally the home seller pays the commission. The amount of commission is determined by the real estate professional and the seller and can be as much as 6% of the sales price.

Common Stock: a security that provides voting rights in a corporation and pays a dividend after preferred stock holders have been paid. This is the most common stock held within a company.

Comparative Market Analysis (COMPS): a property evaluation that determines property value by comparing similar properties sold within the last year.

Compensating Factors: factors that show the ability to repay a loan based on less traditional criteria, such as employment, rent, and utility payment history.

Condominium: a form of ownership in which individuals purchase and own a unit of housing in a multi-unit complex. The owner also shares financial responsibility for common areas.

Conforming loan: is a loan that does not exceed Fannie Mae’s and Freddie Mac’s loan limits. Freddie Mac and Fannie Mae loans are referred to as conforming loans.

Consideration: an item of value given in exchange for a promise or act.

Construction Loan: a short-term, to finance the cost of building a new home. The lender pays the builder based on milestones accomplished during the building process. For example, once a sub-contractor pours the foundation and it is approved by inspectors the lender will pay for their service.

Contingency:a clause in a purchase contract outlining conditions that must be fulfilled before the contract is executed. Both, buyer or seller may include contingencies in a contract, but both parties must accept the contingency.

Conventional Loan: a private sector loan, one that is not guaranteed or insured by the U.S. government.

Conversion Clause:a provision in some ARMs allowing it to change to a fixed-rate loan at some point during the term. Usually conversions are allowed at the end of the first adjustment period. At the time of the conversion, the new fixed rate is generally set at one of the rates then prevailing for fixed rate mortgages. There may be additional cost for this clause.

Convertible ARM: an adjustable-rate mortgage that provides the borrower the ability to convert to a fixed-rate within a specified time.

Cooperative (Co-op): residents purchase stock in a cooperative corporation that owns a structure; each stockholder is then entitled to live in a specific unit of the structure and is responsible for paying a portion of the loan.

Cost of Funds Index (COFI): an index used to determine interest rate changes for some adjustable-rate mortgages.

Counter Offer: a rejection to all or part of a purchase offer that negotiates different terms to reach an acceptable sales contract.

Covenants: legally enforceable terms that govern the use of property. These terms are transferred with the property deed. Discriminatory covenants are illegal and unenforceable. Also known as a condition, restriction, deed restriction or restrictive covenant.

Credit: an agreement that a person will borrow money and repay it to the lender over time.

Credit Bureau:an agency that provides financial information and payment history to lenders about potential borrowers. Also known as a National Credit Repository.

Credit Counseling:education on how to improve bad credit and how to avoid having more debt than can be repaid.

Credit Enhancement: a method used by a lender to reduce default of a loan by requiring collateral, mortgage insurance, or other agreements.

Credit Grantor:the lender that provides a loan or credit.

Credit History: a record of an individual that lists all debts and the payment history for each. The report that is generated from the history is called a credit report. Lenders use this information to gauge a potential borrower’s ability to repay a loan.

Credit Loss Ratio: the ratio of credit-related losses to the dollar amount of MBS outstanding and total mortgages owned by the corporation.

Credit Related Expenses: foreclosed property expenses plus the provision for losses.

Credit Related Losses: foreclosed property expenses combined with charge-offs.

Credit Repair Companies: Private, for-profit businesses that claim to offer consumers credit and debt repayment difficulties assistance with their credit problems and a bad credit report.

Credit Report: a report generated by the credit bureau that contains the borrower’s credit history for the past seven years. Lenders use this information to determine if a loan will be granted.

Credit Risk: a term used to describe the possibility of default on a loan by a borrower.

Credit Score: a score calculated by using a person’s credit report to determine the likelihood of a loan being repaid on time. Scores range from about 360 – 840:a lower score meaning a person is a higher risk, while a higher score means that there is less risk.

Credit Union: a non-profit financial institution federally regulated and owned by the members or people who use their services. Credit unions serve groups that hold a common interest and you have to become a member to use the available services.

Creditor: the lending institution providing a loan or credit.

Creditworthiness: the way a lender measures the ability of a person to qualify and repay a loan.

D

Debtor: The person or entity that borrows money. The term debtor may be used interchangeably with the term borrower.

Debt-to-Income Ratio: a comparison or ratio of gross income to housing and non-housing expenses; With the FHA, the-monthly mortgage payment should be no more than 29% of monthly gross income (before taxes) and the mortgage payment combined with non-housing debts should not exceed 41% of income.

Debt Security: a security that represents a loan from an investor to an issuer. The issuer in turn agrees to pay interest in addition to the principal amount borrowed.

Deductible: the amount of cash payment that is made by the insured (the homeowner) to cover a portion of a damage or loss. Sometimes also called “out-of-pocket expenses.” For example, out of a total damage claim of $1,000, the homeowner might pay a $250 deductible toward the loss, while the insurance company pays $750 toward the loss. Typically, the higher the deductible, the lower the cost of the policy.

Deed: a document that legally transfers ownership of property from one person to another. The deed is recorded on public record with the property description and the owner’s signature. Also known as the title.

Deed-in-Lieu: to avoid foreclosure (“in lieu” of foreclosure), a deed is given to the lender to fulfill the obligation to repay the debt; this process does not allow the borrower to remain in the house but helps avoid the costs, time, and effort associated with foreclosure.

Default: the inability to make timely monthly mortgage payments or otherwise comply with mortgage terms. A loan is considered in default when payment has not been paid after 60 to 90 days. Once in default the lender can exercise legal rights defined in the contract to begin foreclosure proceedings

Delinquency: failure of a borrower to make timely mortgage payments under a loan agreement. Generally after fifteen days a late fee may be assessed.

Deposit (Earnest Money): money put down by a potential buyer to show that they are serious about purchasing the home; it becomes part of the down payment if the offer is accepted, is returned if the offer is rejected, or is forfeited if the buyer pulls out of the deal. During the contingency period the money may be returned to the buyer if the contingencies are not met to the buyer’s satisfaction.

Depreciation: a decrease in the value or price of a property due to changes in market conditions, wear and tear on the property, or other factors.

Derivative: a contract between two or more parties where the security is dependent on the price of another investment.

Disclosures: the release of relevant information about a property that may influence the final sale, especially if it represents defects or problems. “Full disclosure” usually refers to the responsibility of the seller to voluntarily provide all known information about the property. Some disclosures may be required by law, such as the federal requirement to warn of potential lead-based paint hazards in pre-1978 housing. A seller found to have knowingly lied about a defect may face legal penalties.

Discount Point: normally paid at closing and generally calculated to be equivalent to 1% of the total loan amount, discount points are paid to reduce the interest rate on a loan. In an ARM with an initial rate discount, the lender gives up a number of percentage points in interest to give you a lower rate and lower payments for part of the mortgage term (usually for one year or less). After the discount period, the ARM rate will probably go up depending on the index rate.

Down Payment:the portion of a home’s purchase price that is paid in cash and is not part of the mortgage loan. This amount varies based on the loan type, but is determined by taking the difference of the sale price and the actual mortgage loan amount. Mortgage insurance is required when a down payment less than 20 percent is made.

Document Recording: after closing on a loan, certain documents are filed and made public record. Discharges for the prior mortgage holder are filed first. Then the deed is filed with the new owner’s and mortgage company’s names.

Due on Sale Clause: a provision of a loan allowing the lender to demand full repayment of the loan if the property is sold.

Duration:the number of years it will take to receive the present value of all future payments on a security to include both principal and interest.

E

Earnest Money (Deposit): money put down by a potential buyer to show that they are serious about purchasing the home; it becomes part of the down payment if the offer is accepted, is returned if the offer is rejected, or is forfeited if the buyer pulls out of the deal. During the contingency period the money may be returned to the buyer if the contingencies are not met to the buyer’s satisfaction.

Earnings Per Share (EPS): a corporation’s profit that is divided among each share of common stock. It is determined by taking the net earnings divided by the number of outstanding common stocks held. This is a way that a company reports profitability.

Easements: the legal rights that give someone other than the owner access to use property for a specific purpose. Easements may affect property values and are sometimes a part of the deed.

EEM: Energy Efficient Mortgage; an FHA program that helps homebuyers save money on utility bills by enabling them to finance the cost of adding energy efficiency features to a new or existing home as part of the home purchase

Eminent Domain: when a government takes private property for public use. The owner receives payment for its fair market value. The property can then proceed to condemnation proceedings.

Encroachments:a structure that extends over the legal property line on to another individual’s property. The property surveyor will note any encroachment on the lot survey done before property transfer. The person who owns the structure will be asked to remove it to prevent future problems.

Encumbrance: anything that affects title to a property, such as loans, leases, easements, or restrictions.

Equal Credit Opportunity Act (ECOA):a federal law requiring lenders to make credit available equally without discrimination based on race, color, religion, national origin, age, sex, marital status, or receipt of income from public assistance programs.

Equity: an owner’s financial interest in a property; calculated by subtracting the amount still owed on the mortgage loon(s)from the fair market value of the property.

Escape Clause: a provision in a purchase contract that allows either party to cancel part or the entire contract if the other does not respond to changes to the sale within a set period. The most common use of the escape clause is if the buyer makes the purchase offer contingent on the sale of another house.

Escrow: funds held in an account to be used by the lender to pay for home insurance and property taxes. The funds may also be held by a third party until contractual conditions are met and then paid out.

Escrow Account: a separate account into which the lender puts a portion of each monthly mortgage payment; an escrow account provides the funds needed for such expenses as property taxes, homeowners insurance, mortgage insurance, etc.

Estate: the ownership interest of a person in real property. The sum total of all property, real and personal, owned by a person.

Exclusive Listing: a written contract giving a real estate agent the exclusive right to sell a property for a specific timeframe.

F

FICO Score: FICO is an abbreviation for Fair Isaac Corporation and refers to a person’s credit score based on credit history. Lenders and credit card companies use the number to decide if the person is likely to pay his or her bills. A credit score is evaluated using information from the three major credit bureaus and is usually between 300 and 850.

FSBO (For Sale by Owner): a home that is offered for sale by the owner without the benefit of a real estate professional.

Fair Credit Reporting Act: federal act to ensure that credit bureaus are fair and accurate protecting the individual’s privacy rights enacted in 1971 and revised in October 1997.

Fair Housing Act: a law that prohibits discrimination in all facets of the home buying process on the basis of race, color, national origin, religion, sex, familial status, or disability.

Fair Market Value: the hypothetical price that a willing buyer and seller will agree upon when they are acting freely, carefully, and with complete knowledge of the situation.

Familial Status:HUD uses this term to describe a single person, a pregnant woman or a household with children under 18 living with parents or legal custodians who might experience housing discrimination.

Fannie Mae:Federal National Mortgage Association (FNMA); a federally-chartered enterprise owned by private stockholders that purchases residential mortgages and converts them into securities for sale to investors; by purchasing mortgages, Fannie Mae supplies funds that lenders may loan to potential homebuyers. Also known as a Government Sponsored Enterprise (GSE).

FHA:Federal Housing Administration: established in 1934 to advance homeownership opportunities for all Americans; assists homebuyers by providing mortgage insurance to lenders to cover most losses that may occur when a borrower defaults; this encourages lenders to make loans to borrowers who might not qualify for conventional mortgages.

First Mortgage: the mortgage with first priority if the loan is not paid.

Fixed Expenses: payments that do not vary from month to month.

Fixed-Rate Mortgage: a mortgage with payments that remain the same throughout the life of the loan because the interest rate and other terms are fixed and do not change.

Fixture: personal property permanently attached to real estate or real property that becomes a part of the real estate.

Float:the act of allowing an interest rate and discount points to fluctuate with changes in the market.

Flood Insurance: insurance that protects homeowners against losses from a flood; if a home is located in a flood plain, the lender will require flood insurance before approving a loan.

Forbearance: a lender may decide not to take legal action when a borrower is late in making a payment. Usually this occurs when a borrower sets up a plan that both sides agree will bring overdue mortgage payments up to date.

Foreclosure:a legal process in which mortgaged property is sold to pay the loan of the defaulting borrower. Foreclosure laws are based on the statutes of each state.

Freddie Mac:Federal Home Loan Mortgage Corporation (FHLM); a federally chartered corporation that purchases residential mortgages, securitizes them, and sells them to investors; this provides lenders with funds for new homebuyers. Also known as a Government Sponsored Enterprise (GSE).

Front End Ratio: a percentage comparing a borrower’s total monthly cost to buy a house (mortgage principal and interest, insurance, and real estate taxes) to monthly income before deductions.

G

GSE:abbreviation for government sponsored enterprises:a collection of financial services corporations formed by the United States Congress to reduce interest rates for farmers and homeowners. Examples include Fannie Mae and Freddie Mac.

Ginnie Mae:Government National Mortgage Association (GNMA); a government-owned corporation overseen by the U.S. Department of Housing and Urban Development, Ginnie Mae pools FHA-insured and VA-guaranteed loans to back securities for private investment; as With Fannie Mae and Freddie Mac, the investment income provides funding that may then be lent to eligible borrowers by lenders.

Global Debt Facility:designed to allow investors all over the world to purchase debt (loans) of U.S. dollar and foreign currency through a variety of clearing systems.

Good Faith Estimate:an estimate of all closing fees including pre-paid and escrow items as well as lender charges; must be given to the borrower within three days after submission of a loan application.

Graduated Payment Mortgages:mortgages that begin with lower monthly payments that get slowly larger over a period of years, eventually reaching a fixed level and remaining there for the life of the loan. Graduated payment loans may be good if you expect your annual income to increase.

Grantee: an individual to whom an interest in real property is conveyed.

Grantor: an individual conveying an interest in real property.

Gross Income: money earned before taxes and other deductions. Sometimes it may include income from self-employment, rental property, alimony, child support, public assistance payments, and retirement benefits.

Guaranty Fee:payment to FannieMae from a lender for the assurance of timely principal and interest payments to MBS (Mortgage Backed Security) security holders.

H

HECM (Reverse Mortgage): the reverse mortgage is used by senior homeowners age 62 and older to convert the equity in their home into monthly streams of income and/or a line of credit to be repaid when they no longer occupy the home. A lending institution such as a mortgage lender, bank, credit union or savings and loan association funds the FHA insured loan, commonly known as HECM.

Hazard Insurance:protection against a specific loss, such as fire, wind etc., over a period of time that is secured by the payment of a regularly scheduled premium.

HELP: Homebuyer Education Learning Program; an educational program from the FHA that counsels people about the home buying process; HELP covers topics like budgeting, finding a home, getting a loan, and home maintenance; in most cases, completion of the program may entitle the homebuyer to a reduced initial FHA mortgage insurance premium-from 2.25% to 1.75% of the home purchase price.

Home Equity Line of Credit: a mortgage loan, usually in second mortgage, allowing a borrower to obtain cash against the equity of a home, up to a predetermined amount.

Home Equity Loan:a loan backed by the value of a home (real estate). If the borrower defaults or does not pay the loan, the lender has some rights to the property. The borrower can usually claim a home equity loan as a tax deduction.
Home Inspection:an examination of the structure and mechanical systems to determine a home’s quality, soundness and safety; makes the potential homebuyer aware of any repairs that may be needed. The homebuyer generally pays inspection fees.

Home Warranty: offers protection for mechanical systems and attached appliances against unexpected repairs not covered by homeowner’s insurance; coverage extends over a specific time period and does not cover the home’s structure.

Homeowner’s Insurance: an insurance policy, also called hazard insurance, that combines protection against damage to a dwelling and its contents including fire, storms or other damages with protection against claims of negligence or inappropriate action that result in someone’s injury or property damage. Most lenders require homeowners insurance and may escrow the cost. Flood insurance is generally not included in standard policies and must be purchased separately.

Homeownership Education Classes: classes that stress the need to develop a strong credit history and offer information about how to get a mortgage approved, qualify for a loan, choose an affordable home, go through financing and closing processes, and avoid mortgage problems that cause people to lose their homes.

Homestead Credit: property tax credit program, offered by some state governments, that provides reductions in property taxes to eligible households.

Housing Counseling Agency: provides counseling and assistance to individuals on a variety of issues, including loan default, fair housing, and home buying.

HUD: the U.S. Department of Housing and Urban Development; established in 1965, HUD works to create a decent home and suitable living environment for all Americans; it does this by addressing housing needs, improving and developing American communities, and enforcing fair housing laws.

HUD1 Statement: also known as the “settlement sheet,” or “closing statement” it itemizes all closing costs; must be given to the borrower at or before closing. Items that appear on the statement include real estate commissions, loan fees, points, and escrow amounts.

HVAC: Heating, Ventilation and Air Conditioning; a home’s heating and cooling system.

I

Indemnification: to secure against any loss or damage, compensate or give security for reimbursement for loss or damage incurred. A homeowner should negotiate for inclusion of an indemnification provision in a contract with a general contractor or for a separate indemnity agreement protecting the homeowner from harm, loss or damage caused by actions or omissions of the general (and all sub) contractor.

Index: the measure of interest rate changes that the lender uses to decide how much the interest rate of an ARM will change over time. No one can be sure when an index rate will go up or down. If a lender bases interest rate adjustments on the average value of an index over time, your interest rate would not be as volatile. You should ask your lender how the index for any ARM you are considering has changed in recent years, and where it is reported.

Inflation: the number of dollars in circulation exceeds the amount of goods and services available for purchase; inflation results in a decrease in the dollar’s value.

Inflation Coverage: endorsement to a homeowner’s policy that automatically adjusts the amount of insurance to compensate for inflationary rises in the home’s value. This type of coverage does not adjust for increases in the home’s value due to improvements.

Inquiry: a credit report request. Each time a credit application is completed or more credit is requested counts as an inquiry. A large number of inquiries on a credit report can sometimes make a credit score lower.

Interest:a fee charged for the use of borrowing money.

Interest Rate:the amount of interest charged on a monthly loan payment, expressed as a percentage.

Interest Rate Swap:a transaction between two parties where each agrees to exchange payments tied to different interest rates for a specified period of time, generally based on a notional principal amount.

Intermediate Term Mortgage:a mortgage loan with a contractual maturity from the time of purchase equal to or less than 20 years.

Insurance: protection against a specific loss, such as fire, wind etc., over a period of time that is secured by the payment of a regularly scheduled premium.

J

Joint Tenancy (with Rights of Survivorship): two or more owners share equal ownership and rights to the property. If a joint owner dies, his or her share of the property passes to the other owners, without probate. In joint tenancy, ownership of the property cannot be willed to someone who is not a joint owner.

Judgment: a legal decision; when requiring debt repayment, a judgment may include a property lien that secures the creditor’s claim by providing a collateral source.

Jumbo Loan: or non-conforming loan, is a loan that exceeds Fannie Mae’s and Freddie Mac’s loan limits. Freddie Mac and Fannie Mae loans are referred to as conforming loans.

L

Late Payment Charges: the penalty the homeowner must pay when a mortgage payment is made after the due date grace period.

Lease:a written agreement between a property owner and a tenant (resident) that stipulates the payment and conditions under which the tenant may occupy a home or apartment and states a specified period of time.

Lease Purchase (Lease Option): assists low to moderate income homebuyers in purchasing a home by allowing them to lease a home with an option to buy; the rent payment is made up of the monthly rental payment plus an additional amount that is credited to an account for use as a down payment.

Lender: A term referring to an person or company that makes loans for real estate purchases. Sometimes referred to as a loan officer or lender.

Lender Option Commitments: an agreement giving a lender the option to deliver loans or securities by a certain date at agreed upon terms.

Liabilities: a person’s financial obligations such as long-term / short-term debt, and other financial obligations to be paid.

Liability Insurance: insurance coverage that protects against claims alleging a property owner’s negligence or action resulted in bodily injury or damage to another person. It is normally included in homeowner’s insurance policies.

Lien: a legal claim against property that must be satisfied when the property is sold. A claim of money against a property, wherein the value of the property is used as security in repayment of a debt. Examples include a mechanic’s lien, which might be for the unpaid cost of building supplies, or a tax lien for unpaid property taxes. A lien is a defect on the title and needs to be settled before transfer of ownership. A lien release is a written report of the settlement of a lien and is recorded in the public record as evidence of payment.

Lien Waiver: A document that releases a consumer (homeowner) from any further obligation for payment of a debt once it has been paid in full. Lien waivers typically are used by homeowners who hire a contractor to provide work and materials to prevent any subcontractors or suppliers of materials from filing a lien against the homeowner for nonpayment.

Life Cap: a limit on the range interest rates can increase or decrease over the life of an adjustable-rate mortgage (ARM).

Line of Credit: an agreement by a financial institution such as a bank to extend credit up to a certain amount for a certain time to a specified borrower.

Liquid Asset: a cash asset or an asset that is easily converted into cash.

Listing Agreement:a contract between a seller and a real estate professional to market and sell a home. A listing agreement obligates the real estate professional (or his or her agent) to seek qualified buyers, report all purchase offers and help negotiate the highest possible price and most favorable terms for the property seller.

Loan: money borrowed that is usually repaid with interest.

Loan Acceleration: an acceleration clause in a loan document is a statement in a mortgage that gives the lender the right to demand payment of the entire outstanding balance if a monthly payment is missed.

Loan Fraud: purposely giving incorrect information on a loan application in order to better qualify for a loan; may result in civil liability or criminal penalties.

Loan Officer: a representative of a lending or mortgage company who is responsible for soliciting homebuyers, qualifying and processing of loans. They may also be called lender, loan representative, account executive or loan rep.

Loan Origination Fee: a charge by the lender to cover the administrative costs of making the mortgage. This charge is paid at the closing and varies with the lender and type of loan. A loan origination fee of 1 to 2 percent of the mortgage amount is common.

Loan Servicer: the company that collects monthly mortgage payments and disperses property taxes and insurance payments. Loan servicers also monitor nonperforming loans, contact delinquent borrowers, and notify insurers and investors of potential problems. Loan servicers may be the lender or a specialized company that just handles loan servicing under contract with the lender or the investor who owns the loan.

Loan to Value (LTV) Ratio: a percentage calculated by dividing the amount borrowed by the price or appraised value of the home to be purchased; the higher the LTV, the less cash a borrower is required to pay as down payment.

Lock-In: since interest rates can change frequently, many lenders offer an interest rate lock-in that guarantees a specific interest rate if the loan is closed within a specific time.

Lock-in Period: the length of time that the lender has guaranteed a specific interest rate to a borrower.

Loss Mitigation: a process to avoid foreclosure; the lender tries to help a borrower who has been unable to make loan payments and is in danger of defaulting on his or her loan.

Buyers • La Cruces Homes & Neighborhood • Real Estate Resources & Information • Seller • December 20, 2016

Glossary of Home Buying & Selling Terms

A

Acceleration Clause A provision in a mortgage that gives the lender the right to demand payment of the entire outstanding balance if a monthly payment is missed.

Acceptance A party’s consent to enter into a contract and be bound by the terms of the offer.

Adjustable Rate Mortgage (ARM) A mortgage whose interest rate changes over time based on a pre-determined economic index.

Administrative Fee A fee charged by a lender to cover the administrative costs of processing your loan request (e.g., a lender fee).

Amenities Features of real property that enhance its attractiveness and increase the satisfaction of the occupant or user, even though the feature is not essential to the property’s use (e.g., a swimming pool).

Amortization The gradual repayment of a mortgage by installments.

Annual Percentage Rate (APR) The total yearly cost of a mortgage stated as a percentage of the loan amount, including the base interest rate, primary mortgage insurance, and loan origination fee (points).

Application A form used by the lender to collect information about a prospective borrower and the property being used as collateral.

Application Deposit Funds required by a lender in advance of processing a loan request. Generally, a deposit is collected to cover the costs of an appraisal and credit report and may or may not be refundable.

Appraisal An evaluation of the property to determine its value for purposes of the mortgage loan. An appraisal is concerned chiefly with market value, or what the home would sell for in the marketplace.

Appreciation An increase in the value of a property.

Assessed Value The valuation placed on property by a public tax assessor for the purposes of taxation.

Assessment The process of placing a value on property for the strict purpose of taxation. Assessment may also refer to a levy against a property for a special purpose (e.g., a sewer assessment).

Assumable Mortgage A mortgage that can be taken over (“assumed” by the buyer) when a home is sold.

B

Basis Point 1/100th of one percent.

Binder A preliminary agreement, secured by the payment of earnest money, under which a buyer offers to purchase real estate.

Building Code Local or state building regulations that govern the design, construction and materials used in a building.

Buyer’s Broker A broker who represents the buyer in a fiduciary capacity.

Buyer’s Market A situation in which the supply of properties available exceeds demand. As a result, sellers are forced to lower their prices to attract buyers.

C

Cap A provision of an ARM limiting how much the interest rate or mortgage payments may increase or decrease in any single adjustment or over the life of the loan. See also Lifetime Cap.

Certificate of Title Like a car title, this is the paper that signifies ownership of a home.

City/County Tax Stamp A tax that is required in some municipalities if a property changes hands or a new mortgage is obtained. The amount of this tax can vary with each state, city and county.

Clear Title A title that is free of clouds, liens, disputed interests or legal questions with regard to ownership of the property.

Closing Costs Sometimes called settlement costs, these are costs in addition to the price of the home, including mortgage service charges, title search and insurance, and transfer of ownership charges.

Closing Day The date on which the title for property passes from the seller to the buyer, and/or the date on which the borrower signs the mortgage.

Commitment Letter A formal offer by a lender stating the terms under which the lender agrees to loan money to a borrower.

Condominium A type of property that includes individual ownership of one unit in a multi-unit dwelling, and an undivided interest in the common area and facilities that serve the entire multi-unit project.

Contingency A condition that must be met before a contract is legally binding.

Cosigner Another person who signs your loan and assumes equal responsibility for it.

Credit Bureau An agency that gathers and keeps your credit record (e.g., Experion, Equifax and TransUnion).

Credit 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.

D

Deed A legal document that transfers ownership of a property from one person to another.

Default Failure to make mortgage payments on a timely basis or to comply with other conditions of a mortgage.

Depreciation A decline in the value of a home as the result of time, changes in the housing market, wear and tear, adverse changes in the neighborhood and its patterns, or any other reason.

Downpayment An initial payment on a home, usually a specific percentage of the home purchase price, that is required of a borrower at the time of loan closing.

E

Earnest Money The deposit money given to the seller by the potential buyer to show that he/she is serious about buying the home. If the deal goes through, the earnest money is usually applied toward the downpayment. If the deal does not go through, it may be forfeited.

Easement Rights A right of way granted to a person or company authorizing access to or over the owner’s land. Electric companies often have easement rights across your property.

Equal Credit Opportunity Act (ECOA) A federal law that prohibits lenders from denying mortgages on the basis of the borrower’s race, color, religion, national origin, handicap, age, sex, marital status, or receipt of income from public assistance programs.

Equity The difference between the market value of the home and the amount of money you still owe on it.

Escrow The holding of documents and money by a neutral third party prior to closing; also an account held by the lender into which a homeowner pays money for taxes and insurance.

Escrow Account The account in which funds are held by the lender for the payment of real estate taxes and/or homeowners insurance. This can also refer to the account in which that funds are held for the completion of repairs or improvements to a property that cannot be completed prior to closing.

Escrow Funds Money, or papers representing transactions, that are given to a third party to hold until all conditions in a contract are fulfilled.

F

Fair Credit Reporting Act A consumer protection law that sets up a procedure for correcting mistakes on one’s credit record.

FNMA Federal National Mortgage Association. A quasi-public corporation that purchases loans through the secondary mortgage market.

Fixed Rate Mortgage A mortgage in which the interest rate does not change during the entire term of the loan.

Flood Insurance Insurance required for properties in federally designated flood areas.

Foreclosure The process by which a mortgaged property may be sold by the mortgage lender when the homeowner fails to pay the monthly mortgage payment. The mortgage is considered in default.

H

Hazard Insurance Insurance to protect the homeowner and the lender against physical damage to a property from fire, wind, vandalism or other hazards.

Homeowner’s Association Fee A term related to a condominium associations collection of money from the owners of each condominium. In determining whether you can afford the property, the lender will calculate the homeowner’s association fee as part of your housing-to-income ratio. The fee pays for common expenses including insurance, maintenance, trash removal and is used to establish reserves for future major expenditures.

Home Inspection A complete and detailed inspection that examines and evaluates the mechanical and structural condition of a property. A complete and satisfactory home inspection is often required by the home buyer.

Homeowners Insurance Insurance that protects a homeowner against the cost of damages to a property caused by fire, windstorms, and other common hazards. Also referred to as hazard insurance.

Home Mortgage Loan A loan used to buy a home.

HUD Also known as the U.S. Department of Housing and Urban Development; among other things, HUD ensures that home mortgage loans made by lenders meet minimum standards.

HUD-1 Statement Also referred to as the closing statement or the settlement statement, this document that provides line-by-line information of the financial details related to a specific real estate transaction, such as the fees paid by the seller and the buyer for a purchase transaction.

I

Interest The fee charged for borrowing money.

J

Joint Tenancy A form of co-ownership that gives each tenant equal interest and equal rights in the property, including the right of survivorship.

L

Late Charge The penalty a borrower must pay when a payment is made after the due date.

Lender The bank, mortgage broker or financial institution providing the loan funds to a borrower.

Liabilities A person’s financial obligations, including both long-term and short-term debt, as well as any other amounts that are owed to others.

Lien A legal claim against a property that must be paid when the property is sold.

Lifetime Cap A provision of an ARM that limits the total increase or decrease in the loan interest rate over the life of the loan.

Loan-to-Value Ratio (LTV) The relationship between the amount of a mortgage and the total value of the property.

Lock-In A written agreement guaranteeing the home buyer a specified interest rate, provided the loan is closed within a set period of time.

M

Margin The set percentage that the lender adds to the index rate to determine the interest rate of an ARM.

Mortgage Commitment The written notice from the bank or other lender saying that it will advance you the mortgage funds in a specified amount to enable you to buy the home.

Mortgage The legal document that pledges a property to the lender as security for payment of debt.

Mortgagee The bank or lender who loans the money to the mortgagor.

Mortgagor The homeowner who is obligated to repay a mortgage loan on a purchased property.

N

Non-Liquid Assets Any assets that cannot easily be converted into cash (e.g., property).

O

Offer to Purchase Real Estate A promise by a buyer to enter into an agreement to purchase real estate, provided certain terms and conditions are met by the property’s seller.

Origination Fee A fee charged for the work involved in preparing and processing a proposed mortgage loan. This is stated as a percentage of the mortgage amount, or points, and is usually paid at closing.

P

PITI (P)rincipal, (I)nterest, (T)axes and (I)nsurance; a reference to the total monthly payment required to repay a mortgage in accordance with its term, as well as monthly escrow payments for taxes and insurance.

Points A one-time charge by the lender to increase the yield of the loan. A point is 1% of the mortgage amount.

Prepaid Expenses The initial deposit at the time of closing for taxes, hazard insurance, and the subsequent monthly deposits made to the lender for that purpose. Expenses may also include an interest amount.

Prepaid Items/Expenses Obligations paid in advance at a real estate closing.

Pre-Qualification The process of determining how much money a prospective home buyer will be eligible to borrow before a loan is applied for.

Principal The amount borrowed or remaining unpaid; also, that part of the monthly mortgage payment that reduces the outstanding balance of a mortgage.

Private Mortgage Insurance (PMI) Insurance provided by non-government insurers that protects lenders against loss if a borrower defaults.

Processing/Administrative Fee A fee charged by a lender to cover the administrative costs of processing a loan request.

Purchase and Sale Agreement (P&S) A written contract signed by the buyer and seller stating the terms and conditions under which a property will be sold.

Property Taxes Taxes based on the assessed value of the home, paid by the homeowner for community services such as schools, public works and other costs of local government. Property taxes are sometimes paid as part of the monthly mortgage payment.

Q

Qualifying Ratios Guidelines applied by lenders to determine how large a loan may be granted to a home buyer.

R

Radon A naturally appearing radioactive gas, found in some buildings, that in sufficient concentrations may cause health problems.

Rate Lock An agreement by a lender to guaranty the interest rate offered for a mortgage provided the loan closes within a specified period of time.

Real Estate Agent A person licensed to negotiate and transact the sale of real estate on behalf of an owner or a seller.

Real Estate Settlement Procedures Act (RESPA) A consumer protection law that requires lenders to give borrowers advance notice of closing costs.

Recording Fees A fee charged by the local government to record mortgage documents into the public record so that any interested party is aware that a lender has an interest in the property.

Refinancing The process of paying off one loan with the proceeds from a new loan secured by the same property.

Repair and Maintenance The costs incurred in replacing damaged items or maintaining household systems to prevent damage.

S

Second Mortgage A mortgage with rights that are subordinate to the rights of the first mortgage holder.

Sellers Market An economic situation that favors the seller because the demand for property exceeds the supply.

Special Assessment A tax for a specific purpose such as providing paved streets or new sewers. People whose properties abut the improved streets or tie into the new sewer system must pay the tax. Condominium owners may also be assessed for major repairs done in common areas of their building.

Survey A drawing that shows the legal boundaries of a property.

T

Tenancy by Entirety A type of joint ownership of property available only to a husband and wife.

Tenancy in Common A type of joint ownership in a property without the right of survivorship.

Title The evidence of a person’s legal right to possession of property, normally in the form of a deed.

Title Company A company that specializes in insuring title to property.

Title Insurance This special insurance protects lenders against a loss of interest in a property due to unforeseen occurrences that have already occurred and might be traced to legal flaws in previous ownerships (e.g., forged deed). An owner can protect his interest by purchasing separate coverage.

Title 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.

Total Debt Ratio A standard calculation performed by mortgage lenders to determine if a borrower qualifies for a specific loan type. Total debt ratio is calculated by dividing the monthly housing expense (PITI plus all other monthly debt obligation) by the borrowers monthly gross income. This is also referred to as a “back-end ratio” or “bottom ratio.”

Truth-in-Lending A federal law that requires lenders to fully disclose, in writing, the terms and conditions of a mortgage, including the APR and other charges.

Foreclosure • Real Estate Resources & Information • December 20, 2016

Avoid Foreclosure Frequently Asked Questions

It is understandable to have questions when coping with a new and challenging situation, especially when a home is at stake. The reality is that millions of homeowners across the country are finding out that they have more questions than answers.

We hope that the following information will help you better understand the circumstances. If you have further questions not addressed below, or would like additional information resources, feel free to Contact Us.

Do I qualify for a short sale?

The qualifications for a short sale include any or all of the following:
1. Financial Hardship – There is a situation causing you to have trouble affording your mortgage.
2. Monthly Income Shortfall – In other words: “You have more month than money.” A lender will want to see that you cannot afford, or soon will not be able to afford your mortgage.
3. Insolvency – The lender will want to see that you do not have significant liquid assets that would allow you to pay down your mortgage.

What is a mortgage modification?

A mortgage modification is a process through which your mortgage lender changes any or all of the following:

• Your interest rate
• Your principal balance (through a reduction)
• Your loan terms (example: from an adjustable to a fixed rate)This process can allow borrowers to stay in their property when they can no longer afford their current mortgage payments.

Why would a lender modify my mortgage?

Lenders have realized that in some cases it is better for them to work with current borrowers to lower payments or possibly improve terms in order to keep homeowners in their properties. The average foreclosure can cost a lender from 35-50% of the value of a property, so keeping borrowers in their homes is a good option for everyone.

What do I need to qualify for a mortgage modification?

According to the Making Home Affordable Web site (www.MakingHomeAffordable.gov), you will need the following information for your lender to consider a modification:

  • Information about your first mortgage, such as your monthly mortgage statement
  • Information about any second mortgage or home equity line of credit on the house
  • Account balances and minimum monthly payments due on all of your credit cards
  • Account balances and monthly payments on all your other debts such as student loans and car loans
  • Your most recent income tax return
  • Information about your savings and other assets
  • Information about the monthly gross (before tax) income of your household, including recent pay stubs if you receive them or documentation of income you receive from other sources

If applicable, it may also be helpful to have a letter describing any circumstances that caused your income to reduce or expenses to increase (job loss, divorce, illness, etc.)

How do I qualify for a mortgage modification?

The first call you make should be to your lender, have the information above ready to discuss with them and call your customer service line to ask them what options you have available. If the person you speak with does not understand what you are asking, you can ask to be referred to one of the following departments (different lenders have different names for these departments):

  • Loss Mitigation
  • Mortgage Modification
  • H.O.P.E.

Prior to contacting your mortgage lender you can quickly complete an eligibility test at www.MakingHomeAffordable.gov. This test will let you know if you are eligible for a modification through the government-sponsored Home Affordability and Stability Program (HASP). For a list of mortgage lenders and servicers, visit www.HopeNow.com.

What if I don’t qualify for a mortgage modification, can’t afford my home, and owe more than it’s worth?

You are not alone and foreclosure is not the only option. If your mortgage lender or servicer will not work with you to reduce your payment, you may want to consider a short sale. Agents like me, have extensive experience in how to process and negotiate short sales.

A short sale allows you to sell your home for less than what you owe and avoid foreclosure. Speak to your market expert to see if you may qualify.

What is a Home Affordable Refinance?

If Fannie Mae or Freddie Mac owns your mortgage, you may be eligible for a Home Affordable Refinance. This will allow you to refinance your home and often lower your payments.

What are the qualifications for a Home Affordable Refinance?

According to the resources released by the government, following are a list of qualifications:

  • You are the owner occupant of a one- to four-unit home
  • The loan on your property is owned or securitized by Fannie Mae or Freddie Mac (see Useful Links)
  • At the time you apply, you are current on your mortgage payments (you haven’t been more than 30 days late on your mortgage payment in the last 12 months, or if you have had the loan for less than 12 months, you have never missed a payment)
  • You believe that the amount you owe on your first mortgage is about the same or slightly less than the current value of your house
  • You have income sufficient to support the new mortgage payments, and the refinance improves the long-term affordability or stability of your loan
Buyers • Real Estate Resources & Information • December 20, 2016

Home Financing FAQs

What do lenders generally focus on when you apply for a loan?

Lenders look most closely at the “three Cs”-cash, credit, and collateral. Cash means you have enough money for a downpayment and closing costs. Good credit means you have borrowed money in the past and repaid your debts on time and in full. Collateral is security for the mortgage loan represented by the home you are financing. Lenders want to be certain that the property you’re buying has enough value to support the amount you’re borrowing.

What can you do to prepare for the lender?

See the Mortgage Application Checklist for details on the forms and information a lender will ask for when processing a mortgage application.

What is the right type of mortgage for me?

This is possibly the most difficult question in part of the home buying process. The three questions and answers that follow describe the different types of mortgages that you might choose from, along with their advantages and disadvantages.

What are Fixed Interest Rate Mortgages?

As the name implies, the interest rate on a fixed-rate mortgage remains the same throughout the life of the loan. Fixed interest rate mortgages generally have repayment periods of between 10 and 30 years, and sometimes as long as 40 years. Shorter repayment terms generally offer lower interest rates but higher monthly payments. Longer repayment terms have lower monthly payments; however, because of the longer term, youll also pay more in interest over the life of the loan.

What are Adjustable Rate Mortgages (ARMs)?

Adjustable rate mortgages, or ARMs offer a fixed interest rate for an initial period, after which time the rate adjusts annually based on different criteria. For instance, the rate on a 5/1 ARM is fixed for the first five years, and then adjusts each year after that. ARMs may be beneficial if you expect your income to increase steadily in the coming years, or plan to move in a few years and are not concerned by potential rate increases. But be wary: while ARMs typically offer lower initial interest rates, adjustments to the rate can be dramatic and have the potential to make the loan unaffordable.

What are Two-Step Mortgages?

The two-step mortgage is a category of ARM that adjusts only once, either at five or seven years into the loan. After that single adjustment, the mortgage remains at a fixed rate for the remainder of the 30-year mortgage repayment term.

What is an Interest-Only Mortgage?

Similar to an ARM, interest-only mortgages begin with a period where the borrower only repays amortizing interest, rather than amortizing interest and mortgage principal. The benefits of an interest-only loan are lower initial monthly payments. Disadvantages are that the borrower will repay more interest over the life of the loan, and that after the interest only period ends, monthly payments will rise significantly.

When do I find out what the interest rate will be?

You will be quoted an interest rate the day you apply. This rate may not be available to you when you actually close the loan, unless you lock it in. A rate-lock guarantees your rate for a specific period of time, usually 30 to 60 days.

Remember, interest rates affect how much you can borrow. Higher rates can reduce the size of the mortgage for which you qualify.

Do all lenders have the same rate-lock policies?

No. Find out whether the rate lock will expire before the loan is processed, and whether the lender promises rapid turnaround time. If the rate-lock expires before the loan is processed and closed, it has no value. Ask if the lender provides a “rate re-lock” option in times of falling interest rates. Also, find out the lender’s policy if they fail to approve your loan during the rate-lock period.

What are closing costs?

Closing costs encompass a variety of fees to complete the mortgage application process and actually obtain the loan. Fees vary from lender to lender, and each fee is associated with one part of the mortgage. Use the list below to verify that either you, an attorney, or your lender has completed all the necessary steps in the mortgage process:

  • Application fee
  • Origination fee
  • Credit report fee
  • Appraisal fee
  • Lender’s attorney fees
  • Title search
  • Title insurance
  • Document preparation fee
  • Plot plan
  • Underwriting fee

What is private mortgage insurance?

Private mortgage insurance (PMI) allows borrowers to purchase homes with a low downpayment (less than 20% of the purchase price), and protects the lender in the event the buyer fails to repay the loan. The cost of PMI is added to your monthly mortgage payments and closing costs.

MassHousings mortgage insurance features MI Plus, a unique borrower protection that helps pay the mortgage (up to $2,000 per month for six months) if the borrower loses their job. In addition, MassHousing offers discounted mortgage insurance premiums for borrowers with lower incomes.

What is escrow and what are the escrow requirements?

Escrow is the process by which money is put into the custody of a third party

  • until certain conditions of an agreement are met;
  • to cover the borrower’s upcoming expenses, such as real estate taxes and homeowner’s insurance

The payments you make into an escrow account are made over the life of the mortgage loan, and are part of your monthly mortgage payment.

What is a mortgage commitment?

When your loan is approved, the lender will send you a commitment letter, a formal loan offer stating the loan amount, terms, loan obligation fee, annual percentage rate and amount of principal, interest, taxes, and insurance. Furthermore, this letter states the amount of time necessary to accept the offer and close the loan.

The mortgage commitment letter may contain additional conditions that you must satisfy in order to close your loan. Until all of the conditions are satisfied and approved by the lender, your loan will not close. It is important to review the commitment letter carefully before you sign it. Remember, by signing the letter you agree to all of the loans terms it sets forth.

How long does it take to get a mortgage commitment letter?

It takes at least four to five weeks for the lender to evaluate and approve your application. The lender verifies all information on the loan application, including income, deposits and employment.

The lender must, by law, provide prospective borrowers with an itemized estimate of the costs to close a loan within three days of receiving the loan application. The lender must also provide you with a copy of the government publication A Home Buyer’s Guide to Settlement Costs.

Among other things, the property must be appraised by a professional appraiser. An appraisal is a report that lenders use to determine the current market value of a property. It usually compares your home to at least three similar homes in the neighborhood that have sold within the last year. The appraisal ensures that the property you are buying has enough value to support the mortgage loan.

Lenders will not lend more than a certain percentage of the appraised value of the property. For example, MassHousing lends up to 97%.

How can I speed up the process?

Respond to requests for additional information from your lender promptly. Contact your lender to check on loan status. You may be able to speed things up by reducing the time your lender is waiting for something.

What can I do if my mortgage application is rejected?

Good communication between you and your lender is extremely important when an application has been rejected. Applications are rejected because of inadequate income, poor credit or too much debt. Check your credit report to make sure it is accurate.

By law, lenders are required to notify you in writing if your application is rejected or denied. Communication is important in:

  • Clarifying a situation that caused the rejection
  • Trying to improve your ability to qualify for a future mortgage

Remember: Don’t assume that if you’ve been denied by one lender, you will be denied by another.

Discuss the situation with the lender. There are instances where the rejection is beyond your control. In some cases, you may be able to remedy the situation, either immediately or over a short period of time.

Buyers • Real Estate Resources & Information • December 20, 2016

Home Buying FAQs

What is an adjustable-rate mortgage?

An adjustable rate mortgage, or ARM, offers a lower initial interest rate than most fixed rate loans. However, that rate resets periodically, usually in relation to an index. When the rate changes, the monthly payment will go up or down accordingly. For example, the rate on a 5/1 ARM is fixed rate for the first five years, and then adjusts annually each year after that.

Should I pay points in exchange for a lower interest rate?

Each point is equal to one percent of the loan amount. Points are considered a form of interest; you pay them up front in exchange for a lower interest rate. This means more money is required at closing, but you will have lower monthly payments.

To determine whether it makes sense for you to pay points, divide the total cost of the points by the savings in each monthly payment. This calculation provides the number of payments you’ll make before you begin to save money by paying points. If the number of months it will take to recoup the points is longer than you plan on having the mortgage, you should consider a loan that does not require points to be paid.

Are there any prepayment penalties charged for MassHousing loans?

There are no penalties for prepaying a MassHousing loan. In rare cases, a federal recapture tax may be due if you sell the house within nine years of purchase, and you make a large profit on the sale. If recapture tax is levied, MassHousing will reimburse you for the full amount.

Can I pre-qualify for a loan before I find a property to purchase?

Yes. Pre-qualifying for a mortgage loan before you find a home may be the best thing you could do!

What is a Rate-Lock Policy?

A rate-lock is an agreement by the borrower and the lender that specifies the number of days for which a loan’s interest rate is guaranteed. Should interest rates rise during that period, the lender is obligated to honor the committed rate. Should interest rates fall during that period, the borrower will still keep the original locked interest rate.

When Can I Lock?

Your lender will lock your interest rate once you have an accepted Offer to Purchase on a home.
Rate Lock Changes

Once your lender rate locks your loan, you will not be able to renegotiate the interest rate.

What are closing costs and how they are determined?

A home loan involves many fees, such as the appraisal fee, title charges, closing fees and state or local taxes. These fees vary from lender to lender. Lenders must give you a complete and accurate estimate of fees in advance of loan closing.

Fees are grouped by type and described below:
Third Party Fees

Third-party fees include the appraisal fee, credit report fee, settlement or closing fee, survey fee, tax service fees, title insurance fees, flood certification fees and courier/mailing fees. Third-party fees are collected and passed on to the person who actually performed the service. For example, an appraiser is paid the appraisal fee, a credit bureau is paid the credit report fee and a title company or an attorney is paid the title insurance fees.
Lender Fees

Points, document preparation fees, loan processing fees and other fees are retained by the lender. This is the category of fees that you should compare very closely from lender to lender before deciding which loan program to pursue.
Required Advances

You may be asked to prepay some items at closing that will actually be due in the future. These fees are sometimes referred to as prepaid items.

  • One of the more common required advances is called “per diem interest” or “interest due at closing”. All MassHousing mortgages have payment due dates of the first of the month. If your loan is closed on any day other than the first of the month, you’ll pay interestfrom the date of closing through the end of the monthat closing. For example, if the loan is closed on June 15, we will collect interest due from June 15-30 at closing. This also means you won’t make your first mortgage payment until August 1. This type of charge should not vary from lender to lender; it is simply a matter of when it will be collected.
  • If one will be established, you will make an initial deposit into an escrow account at closing so that sufficient funds are available to pay the bills when they become due.
  • Whether or not you must purchase mortgage insurance depends on the size of the downpayment you make.
  • If your loan is a purchase, you’ll also need to pay your first year’s homeowner’s insurance premium prior to closing.

What is title insurance and why do I need it?

The function of a title insurance company is to make sure your rights and interests to the property are clear, that transfer of title takes place efficiently and correctly, and that your interests are fully protected. Title companies typically issue two types of title policies:

  1. Owner’s Policy, which covers you, the home buyer
  2. Lender’s Policy, which covers the lending institution over the life of the loan

If the loan is for a purchase, Both owner’s and lender’s policies are issued at the time of closing for a one-time premium.

Before issuing a policy, the title company searches public records to determine if anyone other than you has an interest in the property. The search may use either public records or, more likely, the information contained in the company’s own title plant.

After a thorough examination of the records, any title problems are usually found and can be cleared up prior to your purchase of the property. Once a title policy is issued, if a claim covered under your policy is filed against your property, the title company will pay the legal fees involved in the defense of your rights. The title company is also responsible for covering any losses arising from a valid claim. This protection remains in effect as long as you or your heirs own the property.

The fact that title companies try to eliminate risks before they develop makes title insurance significantly different from other types of insurance. Most forms of insurance assume risks by providing financial protection through a pooling of risks for losses arising from an unforeseen future event, like a fire, accident or theft. On the other hand, the purpose of title insurance is to eliminate risks and prevent losses caused by defects in the title that may have occurred in the past.

This risk elimination has benefits to both the homebuyer and the title company. It minimizes the chances that adverse claims might be raised, thereby reducing the number of claims that have to be defended. This maintains low costs for the title company and low premiums for the homebuyer.

What is mortgage insurance and when is it required?

Private mortgage insurance, or PMI, makes it possible for you to buy a home with a downpayment of less than a 20% by protecting the lender against the additional risk associated with low downpayment lending. By purchasing mortgage insurance, lenders are comfortable with downpayments as low as 3% or 5% of the home’s value.

The mortgage insurance premium is based on loan-to-value (LTV) ratio, type of loan, and amount of coverage required by the lender. Usually, the premium is included in your monthly payment and one to two months of the premium is collected as a required advance at closing.

It may be possible to cancel PMI at some point, such as when your loan balance is reduced to a certain amount (below 75% to 80% of the property value). Federal legislation requires automatic termination of mortgage insurance for many borrowers when their loan balance has been amortized to 78% of the original property value.

Is a gift an acceptable source of my downpayment?

Gifts are an acceptable source for part of the downpayment, if the gift giver is related to you or is your co-borrower. The lender will ask you for the name, address, and phone number of the gift giver, as well as the donor’s relationship to you. Prior to closing, the lender will need a copy of your bank receipt or the relevant deposit slip to verify that youve received the gift funds and deposited them into your account.

What happens at the loan closing?

The loan closing is where the loan is finalized and the sale and transfer of the property take place. Learn more in Step 8: Closing the Loan.

Should I have an attorney represent me at closing?

We recommend that you have an attorney at the closing if it will make you more comfortable. If your attorney has any questions about your new mortgage, you should refer them to your Lender.

Can I get advance copies of the documents I will be signing at closing?

The most important documents you will sign at closing are the note and mortgage, sometimes called the deed of trust. Unless there are special circumstances, these documents are usually prepared one to two days before your closing. Other documents are prepared by the closing agent the day before or the day of your closing. If you would like copies of the completed documents to be sent to you after they are prepared, contact your Lender.

I’m self-employed. How is my income verified?

Generally, the income of self-employed borrowers is verified by obtaining copies of personal (and business, if applicable) federal tax returns for the most recent two-year period.

The lender will review and average the net income from self-employment reported on your tax returns to determine the income that can be used to qualify. The lender cannot consider any income that hasn’t been reported as such on your tax returns. Typically, at least a one- or two-year history of self-employment is required to verify that your self-employment income is stable.

What is installment debt?

An installment debt is a loan that is repaid with regular payments, such as an auto loan, a student loan or a debt consolidation loan. Installment debts do not include payments on living expenses such as insurance costs or medical bill payments. Installment debts that have more than 10 months remaining will be considered when determining your qualifications for a mortgage.

What is a credit score and how will it affect my application?

A credit score is one piece of information used to evaluate your application. It is based on information collected by credit bureaus and information reported each month by your creditors about the balances you owe and the timing of your payments. A credit score is a compilation of all this information, converted into a number, that helps a lender to determine the likelihood that you will repay the loan on schedule. Credit bureaus, not lenders, calculate the score, which generally range between 300 and 900. A higher score generally represents a greater likelihood that you will repay the loan on time.

Among the factors that affect your credit score are your payment history, outstanding obligations, the length of time you have had outstanding credit, the types of credit you use, and the number of recent inquiries about your credit history.

Using credit scores to evaluate your credit history allows lenders to quickly and objectively evaluate your credit history when reviewing your application. However, many other factors are taken into consideration when making a loan decision. MassHousing never evaluates an application without looking at a customer’s total financial picture.

How will a bankruptcy or foreclosure affect my ability to obtain a mortgage?

A bankruptcy must have been discharged at least two years prior to applying for a MassHousing mortgage, and the borrower’s credit must be re-established for a minimum of one year. Generally, borrowers with foreclosure and/or deeds-in-lieu less than five years prior to the date of a mortgage loan application are unacceptable. Foreclosures/deeds-in-lieu over five years may be considered on a case-by-case basis.

Will inquiries about my credit affect my credit score?

An abundance of credit inquiries can sometimes affect your credit scores since they may indicate that your use of credit is increasing. Note that the data used to calculate your credit score doesn’t include mortgage or auto loan credit inquiries that are made during the 30 days prior to the score being calculated. In addition, all mortgage inquiries made in any 14-day period are always considered one inquiry. Don’t limit mortgage shopping for fear that it will affect your credit score.

Will my overtime, commission, or bonus income be considered when evaluating my application?

In order for bonus, overtime or commission income to be considered, you must have a history of receiving it and it must be likely to continue. W-2 statements for the previous two years and a recent pay stub will be used to verify this type of income. If a major part of your income is commission earnings, copies of recent tax returns may be needed to verify the amount of business-related expenses, if any. The lender will average the amounts you have received over the past two years to calculate the amount that can be considered a regular part of your income.

If you haven’t been receiving bonus, overtime or commission income for at least one year, it probably can’t be given full value when your loan is reviewed for approval.

I’ve co-signed a loan for another person. Should I include that debt here?

Generally, a co-signed debt is considered when determining your qualifications for a mortgage. The lender can ignore the monthly payment of the co-signed debt if you can verify that the person responsible for the debt has made the required payments (by obtaining copies of their canceled checks for the last six months).

I have student loans that aren’t in repayment yet. Should I show them as installment debts?

Any student loan that will go into repayment within the next 12 months should be included in the application. If you are not sure exactly what the monthly payment will be, enter an estimated amount.

If student loans that will not go into repayment in the next 12 months are reflected on your final credit report, the lender may ask for verification that repayment will not be required during this time period.

If I have income that’s not reported on my tax return, can it be considered?

Generally, only income that is reported on your tax return can be considered when applying for a mortgage. Unless, of course, the income is legally tax-free and isn’t required to be reported.

Some lenders may offer a stated income program, which means that you can qualify for a loan based on the income you state rather than the income that can be verified. These programs usually require larger downpayments and offer interest rates that are substantially higher than those of regular mortgage programs. MassHousing does not currently offer stated income programs.

Do I have to provide information about my child support, alimony or separate maintenance income?

Information about child support, alimony or separate maintenance income should only be provided if you wish to have it considered for repaying this mortgage loan.

Will my second job income be considered?

Typically, income from a second job will be considered if you can verify a one-year history of secondary employment.

I’ve had a few employers in the last few years. Will that affect my ability to get a mortgage?

Having changed employers frequently is typically not a detriment to obtaining a new mortgage loan. This is particularly true if you made employment changes without having periods of unemployment between jobs. The lender will also consider your income history as you have changed employment.

If you’re paid on a commission basis, a recent job change could be an issue because, without an established payment history with your new employer, the lender might have a difficult time predicting your earnings.

I am retired and my income is from a pension or social security. What will I need to provide?

The lender will ask for copies of your recent pension check stubs or, if your pension or retirement income is deposited directly in your bank account, your recent bank statements. Sometimes it is also necessary to verify that this income will continue for at least three years since some pension or retirement plans do not provide income for life. This can usually be verified with a copy of your award letter. If you don’t have an award letter, the lender can contact the source of this income for verification.

If you’re receiving tax-free income such as social security earnings, when reviewing your request the lender may take into consideration the fact that taxes are not deducted from this income.

What is an appraisal and who completes it?

To determine the value of the property you are purchasing or refinancing, an appraisal will be required. An appraisal report is a written description and estimate of the value of the property. National standards govern the format for the appraisal, and specify the appraiser’s qualifications and credentials. Most states have licensing requirements for appraisers.

The appraiser will create a written report for the lender, a copy of which you’ll receive at loan closing. If you’d like to review it earlier, contact your lender.

Usually, the appraiser inspects both the interior and exterior of the home. In some cases, only an exterior inspection will be necessary based on your financial strength and the property’s location.

After the appraiser inspects the property, they will compare the qualities of your home with other homes in the neighborhood that have sold recently, called “comparables.”. Using industry guidelines, the appraiser compares the major components of these properties (e.g., design, square footage, lot size, age) with those of your home to determine an estimated value of your home. The appraiser adjusts the price of each comparable sale depending how it rates against your property.

As an additional check on your property’s value, the appraiser also estimates its replacement cost, which is determined by valuing an empty lot and estimating the cost to build a house of similar size and construction. Finally, the appraiser reduces this cost by an age factor to compensate for depreciation and deterioration. If your home is an investment or multi-unit property, the appraiser will also consider the rental income that will be generated.

Using these three different methods, an appraiser will frequently come up with slightly different values for the property. The appraiser uses judgment and experience to reconcile these differences and then assigns a final appraised value. The comparable sales approach is the most important valuation method in the appraisal because a property is worth only what a buyer is willing to pay and a seller is willing to accept.

It is not uncommon for the appraised value of a property to be exactly the same as the amount stated on your sales contract. This is not a coincidence, nor does it question the competence of the appraiser. Your purchase contract is the most valid sales transaction there is. It represents what a buyer is willing to offer for the property and what the seller is willing to accept. Only when the comparable sales differ greatly from your sales contract will the appraised value be very different.

How long does the property appraisal take to be completed?

The lender orders the appraisal from a licensed professional as soon as the application deposit is paid. Generally, it takes 10 to 14 days before the lender receives the written report. If you are refinancing and an interior inspection of the home is necessary, the appraiser should contact you to schedule a viewing appointment. If you don’t hear from the appraiser within seven days of the order date, inform your lender. If you are purchasing a new home, the appraiser will contact the real estate agent or the seller to schedule an appointment to view the home.

If my property’s appraised value is more than the purchase price, can I use the difference toward my downpayment?

If you are purchasing a home, the lower of the appraised value or the sales price will be used to determine the amount of your downpayment requirement. It’s still a great benefit for your financial situation if you can purchase a home for less than the appraised value, but like most lenders, we are not permitted to use this “instant equity” when making our loan decision.

Are there any special requirements for condominiums?

Since the value and marketability of condominiums is dependent on items that don’t apply to single-family homes, there are some additional steps that must be taken to determine if condominiums meet MassHousing guidelines.

One of the most important factors is determining whether the project that the condominium is in is complete. Because the lender cannot be certain that the remaining units will be of the same quality as existing units, which could affect the marketability of your home, many lenders cannot provide financing for condominiums until the project, or at least the phase of the project in which your condominium is located, is complete.

In addition, a lender will consider the ratio of non-owner-occupied units to owner-occupied units. MassHousing considers the ratio of 60% owner to 40% investor acceptable. This could also affect future marketability because many people would prefer to live in a project that is occupied by owners rather than renters.

Finally, a lender will ensure that the appraisal includes information on comparable sales of properties within the project, as well as sales of properties outside the project to provide a better idea of the condominium project’s marketability.

Depending on the percentage of the property’s value you’d like to finance, other items may also need to be reviewed.

Do I need a home inspection and an appraisal?

Both a home inspection and an appraisal are designed to protect you against potential issues with your new home. Although they have totally different purposes, it makes the most sense to rely on each to confirm that you’ve found the perfect home.

The appraiser will make note of obvious construction problems such as termite damage, dry rot or leaking roofs or basements. Obvious interior or exterior damage that could affect the salability of the property will also be reported.

However, appraisers are not construction experts and won’t find or report items that are not obvious. They won’t turn on every light switch, run every faucet, or inspect the attic. That’s where the home inspection comes in. Home inspectors perform a detailed inspection and can educate you about possible concerns or defects with the home. See Step 7: The Home Inspection to learn more.

Do all lenders require flood insurance on properties?

Federal Law requires all lenders to investigate whether homes they finance are in a special flood hazard area as defined the Federal Emergency Management Agency (FEMA). The law can’t stop floods, but the Flood Disaster Protection Act of 1973 and the National Flood Insurance Reform Act of 1994 help to ensure that you will be protected from financial losses caused by flooding.

The lender will use a third-party company who specializes in reviewing flood maps prepared by FEMA to determine if your home is located in a flood area. If it is, flood insurance coverage will be required, since standard homeowner’s insurance doesn’t protect you against damages from flooding

The Answer Book for Buyers • December 20, 2016

7 Reasons to Own A Home

7 Reasons to Own A Home

  1. Tax benefits.
    The U.S. Tax Code lets you deduct the interest you pay on your mortgage, your property taxes, and some of the costs involved in buying a home.
  2. Appreciation
    Historically, real estate has had a long-term, stable growth in value. In fact, median single-family existing-home sale prices have increased on average 5.2 percent each year from 1972 through 2014, according to the National Association of REALTORS®. The recent housing crisis has caused some to question the long-term value of real estate, but even in the most recent 10 years, which included quite a few very bad years for housing, values are still up 7.0 percent on a cumulative basis. In addition, the number of U.S. households is expected to rise 10 to15 percent over the next decade, creating continued high demand for housing.
  3. Equity.
    Money paid for rent is money that you’ll never see again, but mortgage payments let you build equity ownership interest in your home.
  4. Savings
    Building equity in your home is a ready-made savings plan. And when you sell, you can generally take up to $250,000 ($500,000 for a married couple) as gain without owing any federal income tax.
  5. Predictability
    Unlike rent, your fixed-rate mortgage payments don’t rise over the years so your housing costs may actually decline as you own the home longer. However, keep in mind that property taxes and insurance costs will likely increase.
  6. Freedom
    The home is yours. You can decorate any way you want and choose the types of upgrades and new amenities that appeal to your lifestyle.
  7. Stability
    Remaining in one neighborhood for several years allows you and your family time to build long-lasting relationships within the community. It also offers children the benefit of educational and social continuity.
Real Estate Resources & Information • December 19, 2016

Glossary of Real Estate Terms

A

Adjustable Rate Mortgage: (ARM):
A home loan that can adjust the interest based upon market rates after the set fixed period on the note has expired. Generally an ARM will carry a lower interest rate than a fixed rate mortgage but is considered riskier because the interest rate is not fixed for the life of the loan.

Amortization:
A term used to describe the process of paying off a loan over a predetermined period of time at a specific interest rate. The amortization of a loan includes payment of interest and a portion of the outstanding principal balance during each payment cycle.

Amortization Schedule:
Provided by mortgage lenders, the schedule shows how over the term of your mortgage the principal portion of the mortgage payment increases and the interest portion of the mortgage payment decreases.

Annual Percentage Rate (APR):
A term used in the Truth-In-Lending Act to represent the full cost of a loan. Stated as a yearly rate, APR includes base interest rate, loan origination fee (points), commitment fees, prepaid interest and other credit costs that may be paid by buyer.

Application Fee:
The fee that a mortgage lender charges to apply for a mortgage to cover processing costs.

Appraisal:
A professional analysis, including references to sales of comparable properties, used to estimate the value of the property.

Appraiser:
A professional who conducts an analysis of the property, including references to sales of comparable properties in order to develop an estimate of the value of the property. The appraiser’s report is called an “appraisal”.

Appreciation
An increase in the property’s value due to changes in market conditions, the opposite of depreciation.

Assessed Value:
The value that a public taxing authority places upon personal property for the purposes of taxation.

Assumable Mortgage:
A mortgage that can be taken over and “assumed” by the buyer when a property is sold. This type of mortgage is quite popular if the seller has a low interest rate and the market rates are considerably higher.

B

Balloon Mortgage:
A mortgage that typically offers low rates for an initial period of time (usually 5, 7, or 10) years; after that time period elapses, the balance is due or is refinanced by the borrower.

Bankruptcy:
Legally declared unable to pay your debts as they become due. Bankruptcy can severely impact your ability to borrow money. Talk to a credit counselor as soon as you realize you are having problems paying your bills on time to try to prevent bankruptcy.

C

Closing (Closing Date):
When the real estate transaction between buyer and seller is completed. The buyer signs the mortgage documents and the closing costs are paid. The sale of the property is finalized by delivery of deed and the disbursement of funds necessary to the sale or loan transaction. Also known as the settlement date. In Washington, Sellers and Buyers sign documents one to two days prior to Close.

Closing Costs (Settlement Costs):
The costs to complete the real estate transaction. These costs are in addition to the price of the home and are paid at closing. They include points, taxes, title insurance, financing costs and items that must be prepaid or es-crowed and other costs. Ask a lender or real estate professional for a complete list of closing cost items.

Condominium:
A unit in a multi-unit building. The owner of a condominium unit owns the unit itself and has the right, along with other owners, to use the common areas but does not own the common elements such as the exterior walls, floors and ceilings or the structural systems outside of the unit; these are owned by the condominium association. There are usually condominium association fees for maintenance for building and property upkeep, taxes and insurance on the common areas and reserves for improvements.

Counter-offer:
An offer made in return by the person who rejects the previous offer.

Credit Bureau:
A company that gathers information on consumers who use credit and sells that information in the form of a credit report to lenders.

Credit History:
A credit history is the record of your usage of credit. It is a list of individual consumer debts and an indication as to whether or not these debts were paid back in a timely fashion or “as agreed”. Credit institutions have developed a complex recording system of documenting your credit history.

Credit Report:
A document used by the credit industry to examine an individual’s use of credit. It provides information on money that individuals have borrowed from credit institutions and a history of payments.

Credit Score (FICO):
A computer-generated number that summarizes an individual’s credit profile and predicts the likelihood that a borrower will repay future obligations.

D

Debt-To-Income Ratio:
A comparison of gross income to housing and total monthly expenses.

Deed:
The document that transfers ownership of a property.

Default:
The inability to pay monthly mortgage payments in a timely manner or to otherwise meet the mortgage terms.

Deposit:
See Earnest money.

Delinquency:
Failure of a borrower to make timely mortgage payments under a loan agreement.

Discount Point:
Paid at closing and calculated as a percentage the total loan amount, discount points are prepaid interest used to reduce the interest rate on a loan.

Down Payment:
The portion of a home’s purchase price that is paid in cash and is not part of the home loan.

E

Earnest Money Deposit:
The deposit you make to show in good faith that you are committed to buying the home. The deposit will not be refunded to you after the seller accepts your offer unless one of the sales contract contingencies is not satisfied. Your earnest money deposit is credited back at closing towards down payment or closing costs if the offer is accepted.

Escrow Account:
A separate account into which the lender puts a portion of each monthly mortgage payment; an escrow account provides the funds needed for such expenses as property taxes and homeowners insurance.

F

Fair Housing Act:
A law that prohibits discrimination in all facets of the home buying process on the basis of race, color, national origin, religion, sex, familial status, or disability.

Fair Market Value:
The hypothetical price that a willing buyer and seller will agree upon when they are acting freely, carefully, and with complete knowledge of the situation.

Fannie Mae:
Federal National Mortgage Association (FNMA); a federally-chartered enterprise owned by private stockholders that purchases residential mortgages and converts them into securities for sale to investors; by purchasing mortgages, Fannie Mae supplies funds that lenders may loan to potential home buyers.

FHA:
Federal Housing Administration; established in 1934 to advance home ownership opportunities for all Americans; assists home buyers by providing mortgage insurance to lenders to cover most losses that may occur when a borrower defaults; this encourages lenders to make loans to borrowers who might not qualify for conventional mortgages.

Fixed-Rate Mortgage:
A home loan with an unchanging interest rate for the life of the loan and constant principal and interest payments.

Flood Insurance:
Insurance that protects homeowners against losses from a flood; if a home is located in a flood plain, the lender will require flood insurance before approving a loan.

Foreclosure:
A legal process in which mortgaged property is sold to pay the loan of the defaulting borrower.

Freddie Mac:
Federal Home Loan Mortgage Corporation (FHLM); a federally-chartered corporation that purchases residential mortgages, securitizes them, and sells them to investors; this provides lenders with funds for new home buyers.

G

Ginnie Mae:
Government National Mortgage Association (GNMA); a government-owned corporation overseen by the U.S. Department of Housing and Urban Development, Ginnie Mae pools FHA-insured and VA-guaranteed loans to back securities for private investment; as with Fannie Mae and Freddie Mac, the investment income provides funding that may then be lent to eligible borrowers by lenders.

Good Faith Estimate:
An estimate of all closing fees including pre-paid and escrow items as well as lender charges; must be given to the borrower within three days after submission of a loan application.

H

Homeowner’s Insurance:
A policy that protects you and the lender from fire or flood which damages the structure of the house; a liability, such as an injury to a visitor to your home; or damage to your personal property, such as your furniture, clothes or appliances. Homeowner’s insurance: an insurance policy that combines protection against damage to a dwelling and its contents with protection against claims of negligence or inappropriate action that result in someone’s injury.

Housing Expense Ratio:
The percentage of your gross monthly income that goes toward paying for your housing expenses.

Home Inspection:
A professional inspection of a home to review the condition of the property. The inspection should include an evaluation of the plumbing, heating and cooling systems, roof, wiring, foundation and pest infestation.

Home Warranty:
Offers protection for mechanical systems and attached appliances against unexpected repairs not covered by homeowner’s insurance.

Housing Counseling Agency:
Provides counseling and assistance to individuals on a variety of issues, including loan default, fair housing, and homebuying.

HUD:
The U.S. Department of Housing and Urban Development; established in 1965, HUD works to create a decent home and suitable living environment for all Americans; it does this by addressing housing needs, improving and developing American communities, and enforcing fair housing laws.

HUD-1 Settlement Statement:
A final listing of the costs of the mortgage transaction. It provides the sales price, and down payment, as well as the total settlement costs required from the buyer and seller.

I

Index:
A measurement used by lenders to determine changes to the interest rate charged on an adjustable rate mortgage after the fixed period of the loan has expired.

Inflation:
The number of dollars in circulation exceeds the amount of goods and services available for purchase; inflation results in a decrease in the dollar’s value.

Interest:
The cost you pay to borrow money. It is the payment you make to a lender for the money it has lent to you. Interest is usually expressed as a percentage of the amount borrowed.

Interest Rate:
The cost to borrow money expressed as a percentage.

Insurance:
Protection against a specific loss over a period of time that is secured by the payment of a regularly scheduled premium.

J

Judgement:
A legal decision; when requiring debt repayment, a judgement may include a property lien that secures the creditor’s claim by providing a collateral source.

L

Lien:
A claim or charge on property for payment of some debt. With respect to a mortgage, it is the right of the lender to take the title to your property if you default and do not make the payments due on the mortgage.

Loan:
Money borrowed with intent to repay.

Loan Fraud:
Purposely giving incorrect information on a loan application in order to better qualify for a loan; may result in civil liability or criminal penalties.

Loan-To-Value (LTV) Ratio:
A percentage calculated by dividing the amount borrowed by the price of the home to be purchased; the higher the LTV, the less cash a borrower is required to pay as down payment.

Lock-In:
Since interest rates can change frequently, many lenders offer an interest rate lock-in that guarantees a specific interest rate if the loan is closed within a specific time.

Loss Mitigation:
A process to avoid foreclosure; the lender tries to help a borrower who has been unable to make loan payments and is in danger of defaulting on his or her loan.

Loan Origination Fees:
The fee paid to your mortgage lender for their services of processing the mortgage application. This fee is usually in the form of a percentage of the loan amount.

Low Down Payment Feature:
A loan program that requires little or no money down to purchase.

M

Margin:
An amount the lender adds to an index to determine the interest rate on an adjustable rate mortgage.

Market Value:
The current value of your home based on what a willing purchaser would pay. The value determined by an appraisal is often used to determine market value.

Mortgage:
A loan secured by a lien on your home and property taht secures the promise to repay a loan. In some states the term mortgage is also used to describe the document you sign to show that you have granted the lender a lien on your home; other states use a deed of trust document instead of a mortgage. It may also be used to indicate the amount of money you borrow, with interest, to purchase your house. The amount of your mortgage is usually the purchase price of the home minus your down payment.

Mortgage Broker:
An independent finance professional that specializes in bringing together borrowers and lender to facilitate real estate mortgages.

Mortgage Insurance (MI or PMI):
A policy that protects lenders against some or most of the losses that can occur when a borrower defaults on a mortgage loan; mortgage insurance may be required for borrowers with a down payment of less than 20% of the home’s purchase price.

Mortgage Lender:
The lender providing funds for a mortgage. Lenders also manage the credit and financial information review, the property and the loan application process through closing.

Mortgage Rate:
The cost or the interest rate you pay to borrow the money to buy your house.

Mortgage Banker:
A company that originates loans and resells them to secondary mortgage lenders like Fannie Mae or Freddie Mac.

O

Offer:
A formal bid from the homebuyer to the home seller to purchase a home, generally put forth in writing.

Origination:
The process of preparing, submitting, and evaluating a loan application; generally includes a credit check, verification of employment, and a property appraisal.

Origination Fee:
Paid at closing and calculated as a percentage the total loan amount, origination points are paid to the mortgage company originating the loan for their services.

Open House:
When the seller’s real estate agent opens the seller’s house to the public. You do not need a real estate agent to attend an open house.

P

PITI: Principal, Interest, Taxes, and Insurance:
The four elements of a monthly mortgage payment; payments of principal and interest go directly towards repaying the loan while the portion that covers taxes and insurance goes into an escrow account to cover the fees when they are due.

PMI:
See mortgage insurance.

Pre-Approval:
Lender commits to lend to a potential borrower for generally 30 to 45 days; commitment remains as long as the borrower still meets the qualification requirements at the time of purchase.

Pre-Approval Letter:
A letter from a mortgage lender indicating that you qualify for a mortgage of a specific amount. It also shows a home seller that you are a serious buyer.

Pre-Qualify:
A lender informally determines the maximum amount an individual is eligible to borrow.

Pre-Qualification Letter:
A letter from a mortgage lender that states that you are pre-qualified to buy a home but does not commit the lender to a particular mortgage amount.

Pre-Foreclosure Sale:
Allows a defaulting borrower to sell the mortgaged property to satisfy the loan and avoid foreclosure. Also known as a Short Sale.

Premium:
An amount paid on a regular schedule by a policyholder that maintains insurance coverage.

Prepayment:
Payment of the mortgage loan before the scheduled due date; may be subject to a prepayment penalty.

Principal:
The amount of money borrowed to buy your house or the amount of the loan that has not yet been paid back to the lender. This does not include the interest you will pay to borrow that money. The principal balance (sometimes called the outstanding or unpaid principal balance) is the amount owed on the loan at any given time. It is the original loan amount minus the total repayments of principal you have made to date.

Points:
Paid at closing and calculated as a percentage the total loan amount. For example, if a loan is made for $50,000, one point equals $500.

Predatory Lending:
Abusive lending practices that include making a mortgage loan to an individual who does not have the income to repay it or repeatly refinancing a loan, charging high points and fees each time and “packing” credit insurance on to a loan.

R

Radon:
A toxic gas found in the soil beneath a house that can contribute to cancer and other illnesses.

Replacement Cost:
The cost to replace damaged personal property without a deduction for depreciation.

Rate Cap:
The limit on the amount that the interest rate on an ARM can increase or decrease during any one adjustment period.

Ratified Sales Contract:
A contract that shows both you and the seller of the house have agreed to your offer. This offer may include sales contingencies, such as obtaining a mortgage of a certain type and rate, obtaining acceptable inspections on the home, making repairs, closing by a certain date, etc.

Real Estate Professional:
An individual who provides services in buying and selling homes. The real estate professional is paid a percentage of the home sale price by the seller. Unless you have specifically contracted with a buyer’s agent, the real estate professional represents the interest of the property seller. Real estate professionals may be able to refer you to local lenders or mortgage brokers, but are generally not involved in the lending process.

Refinancing:
Paying off one loan by obtaining another; refinancing is generally done to secure better loan terms (like a lower interest rate).

REALTOR®:
A real estate agent or broker who is a member of the NATIONAL ASSOCIATION OF REALTORS, and its local and state associations.

RESPA:
Real Estate Settlement Procedures Act; a law protecting consumers from abuses during the residential real estate purchase and loan process by requiring lenders to disclose all settlement costs, practices, and relationships.

S

Securities:
A financial form that shows the holder owns a share or shares of a company (stock) or has loaned money to a company or government organization (bond).

Settlement:
Another name for closing.

Subordinate:
To place in a rank of lesser importance or to make one claim secondary to another.

Survey:
A property diagram that indicates legal boundaries, easements, encroachments, rights of way, improvement locations, etc.

Sweat Equity:
Using labor to build or improve a property as part of the down payment.

T

Title:
The right to, and the ownership of, land by the owner. Title is sometimes used to mean the evidence or proof of ownership of land; although another term used for that is “deed”.

Title Insurance:
Insurance that protects lenders and homeowners against loss of their interest in the property because of legal problems with the title.

Truth In Lending Act (TILA):
Federal law which requires disclosure of a truth in lending statement for consumer loans. The statement includes a summary of the total cost of credit such as the APR and other specifics of the loan.

U

Underwriting:
The process a lender uses to determine loan approval. It involves evaluating the property, the borrower’s credit, and ability to pay the mortgage.

Uniform Residential Loan Application:
A standard mortgage application that your lender will ask you to complete. The form requests your income, assets, liabilities and a description of the property you plan to buy, among other things.

W

Warranties:
Written guarantees of the quality of a product and the promise to repair or replace defective parts free of charge.