- accelerate the debt
To call the entire remaining balance of the mortgage due and payable immediately because of a default in one or more of the mortgage provisions.
- acquisition cost
The lesser of the appraised value or the sales price plus or minus the required adjustments.
- ARM
A mortgage that permits the lender to periodically adjust its interest rate on the basis of movement in a specified index. Also used collectively to refer to ARMs and graduated-payment adjustable-rate mortgages (GPARMs).
- allowable closing cost
Expenses related to the purchase, sale or financing of property that HUD allows the buyer to pay. They are usually the appraisal fee, credit report, 1% origination fee, closing fee, recording of documents, title policy, etc. A list of allowable closing costs is available from the Lenders Homeownership Center (HOC).
- amortization schedule
A timetable for payment of a mortgage that shows the amount of each payment that should be applied to interest and principal and the remaining unpaid principal balance that will result from the application.
- assumption
A method of selling real estate wherein the property purchaser agrees to take over the primary liability for payment of an existing mortgage.
- bankruptcy
A proceeding in federal court in which a debtor who owes more than his or her assets can relieve the debts by transferring his or her assets to a trustee. This affects the borrower’s personal liability for a mortgage debt, but not the lien of the mortgage.
- basis point
1/100th of 1%. For example, 7½ basis points equal 0.075% or 0.00075.
- buydown account
An account in which funds are held so that they can be applied as part of the monthly mortgage payment as each payment comes due during the period that an interest rate buydown plan is in effect.
- co-mortgagor
The person whose name appears on the application along with the mortgagor. The co-mortgagor’s income, assets and debts are added together with the mortgagor’s for underwriting and ratio analysis purposes. Lenders should check with their legal counsel when obtaining credit information on the co-mortgagor. It may be affected by homestead rights or community property rights depending on the state and its regulations and laws. The co-mortgagor’s name(s) must appear on the FHA Certificate of Commitment, the note and the mortgage/deed of trust; for FHA loans, the co-mortgagor may not have to occupy the property with the mortgagor.For fully guaranty under the VA’s program, the co-mortgagor(s) must be either a spouse or another veteran and must occupy the property. If the co-mortgagor is another veteran and his/her entitlement will be used, also known as a “joint loan,” the loan must be submitted to VA for underwriting and approval.
- condominium
A real estate project in which each unit owner has title to a unit in a building, an undivided interest in the common areas of the project, and sometimes the exclusive use of certain limited common areas.
- convertible ARM
A type of adjustable-rate mortgage that includes an option for the mortgagor to change the mortgage to a fixed-rate mortgage during one of its early interest rate adjustment dates or in any month during the early years of the mortgage term.
- HUD
The cabinet department of the federal government responsible for federal housing programs and urban affairs; it governs FHA, Ginnie Mae, Fannie Mae and Freddie Mac operations. HUD was established to provide cohesive control over those governmental programs designed primarily to provide housing and the services and facilities essential to the improvement of housing standards and conditions.
- discount point
An amount used to increase the yield of the mortgage note to the permanent Investor. Points let the lender make mortgages at below-market interest rates for higher loan-to-value ratios. They also allow the mortgage to be sold in the marketplace at an acceptable yield to an investor. Sellers or buyers in FHA transactions may pay discount points. FHA also allows a family member loan to include discount points. (See secondary financing.) Discount points may be financed on VA refinance loans. VA limits the number of discount points a veteran may include in an IRRRL per Circular 26-96-4 to two. Veterans may pay more than two points on IRRL’s, but the additional points must be paid in cash. The funding fee, a maximum of two discount points, and all other allowable closing costs may be financed in the loan.
- Fannie Mae
A private government corporation organized to provide secondary mortgage assistance for residential housing through the purchase of eligible FHA-insured/VA-guaranteed mortgages. Fannie Mae’s function is to buy FHA/VA mortgages and leave the servicing in the hands of the originating lender; Fannie Mae then sells these mortgages to permanent private investors whenever the market permits. Fannie Mae is directed by Congress and has three separate functions: 1) to provide a secondary market for federally underwritten loans; 2) to assist in financing selected types of mortgages originated under special housing programs; and 3) to assist in the management and liquidation of mortgages held or acquired by contract under its previous charter.
- FDIC
An agency that administers the federal deposit insurance system and may be appointed conservator or receiver of a lender that is a depository institution.
- FHA
A government agency established in 1934 through the National Housing Act to foster homeownership by providing insurance protection to private lenders who provide mortgage financing to homebuyers. Note that the FHA is an insuring agency – a federal version of a private mortgage insurance company, such as Mortgage Guaranty Insurance Corporation (MGIC). The FHA does not make FHA loans; it merely insures loans made by lenders. The FHA operates under the auspices of the Department of Housing and Urban Development (HUD). The FHA insures fixed-or adjustable-rate assumable loans according to terms established between the mortgagor and the mortgagee. FHA loans today have no prepayment penalty other than 30 days of interest when the lender does not receive the final payoff balance in fully by the first of the month. For more information, lenders may visit the FHA website at: http://www.hud.gov/leaders1.html.
- fixed-rate mortgage
A mortgage that provides for only one interest rate for the entire term of the mortgage. If the interest rate changes because of enforcement of the due-on-sale provision, the mortgage is still considered a fixed-rate mortgage.
- foreclosure
The legal process by which a borrower in default under a mortgage is deprived of his or her interest in the mortgaged property. This usually involves a forced sale of the property at public auction with the proceeds of the sale being applied to the mortgage debt.
- Freddie Mac
Congress charters Freddie Mac. Freddie Mac is somewhat like Fannie Mae, except their charter dictates the framework for the mortgage products offered to the market and the services provided to the national housing and mortgage industry. These products and services may differ from Fannie Mae.
- GPARM
A mortgage that combines the features of a graduated-payment mortgage and an adjustable-rate mortgage. Payments are increased yearly during the graduated-payment period and do not necessarily reflect changes in the interest rate during that period. At the end of any graduated-payment period, if there is no option for an additional graduated-payment period, the mortgage characteristics are those of a regular adjustable-rate mortgage.
- hazard insurance
Insurance coverage that compensates for physical damage – by fire, wind, or other natural disasters – to property.
- homeowner’s insurance
Insurance coverage available for owner-occupied properties to protect against personal liability and physical property damage for a dwelling and its contents.
- HUD-1
A government form – essentially a closing statement – required on closing of all federally related mortgages. Lenders and settlement agents are required to provide a HUD-1 or HUD-1A on loans that previously had not been required to comply with the Real Estate Settlement Procedures Act (RESPA); i.e.; refinances, seconds, and home equity mortgages.
- initial interest rate
The original interest rate of the mortgage when it is closed. This rate (which is often referred to as the “start rate”) changes for adjustable-rate mortgages.
- interest rate buydown plan
An arrangement wherein the property seller (or any other party) deposits money into an account so that it can be released each month to reduce the mortgagor’s monthly payment during the early years of the mortgage. During the specified period, the mortgagor’s effective interest rate is “bought down” below the actual mortgage interest rate.
- lease
A written agreement between property owner and a tenant that stipulates the conditions under which the tenant may possess the real estate for a specified period of time and rent.
- leasehold estate
A way of holding title to a property wherein the mortgagor does not actually own the property, but rather has a recorded long-term lease on it.