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This is a glossary of common terms used in loans
and lending. Please note that some of these terms may also have
other meanings in other real estate related contexts.
Editor's Note: This Glossary is a great resource,
especially for beginners. It is lengthy, so please feel free to print a
copy for your own use.
1003 Application. A loan
application that is thorough and required for conforming loans. It
has become the standard application for most residential loans, even
non-conforming loans. (see definition of "conforming" below)
Acceleration. The act of a
lender declaring a note immediately due and payable before the
maturity date. The right to take this action is triggered by some
violation of the terms of the loan.
Adjustable Rate Mortgage (ARM). A mortgage loan having an interest rate that can be raised or
lowered over time based on periodic changes in a monitored index .
(See definition of "index" below.)
Amortized Loan. A loan that
is repaid in a series of installments each of which contains a portion
that is applied to reduce the principal amount of the loan and a
portion that is applied to pay interest. As time goes on, each
successive payment allocates a larger portion to principal reduction
and a smaller portion to interest payment until the outstanding
balance is ultimately reduced to zero. If the loan has a fixed rate of
interest, each payment is the same dollar amount throughout the
course of the loan. If the loan has an adjustable rate of interest, each
payment at each particular interest rate is the same dollar amount.
For example, while the interest is 8.0%, all of the payments on a
$100,000 loan for 30 years will be $733.77. If the interest rate
changes to 9.0%, all of the payments will be $804.62 while the rate
remains at the 9.0% rate.
Annual Cap. The maximum
amount the interest rate on an adjustable rate mortgage can be
raised or lowered in the course of one twelve month period. If the
interest rate at the start of the period is 8.0% and the Annual Cap is
2.0% the interest will be adjusted no higher than to 10.0% during that
period even if the index rises over 2.0%. (see definition of "index"
below)
Annual Percentage Rate (APR). A more precise description of the cost of money which
reflects not only the actual interest rate but also the cost of certain
expenses charged as part of the process of obtaining the loan. The
actual items that must be calculated into the APR are determined by
the Federal government. If the interest rate on a loan was 8.0%, the
APR would typically be somewhere around 8.3% - 9.0% depending
upon what fees were charged and the amount of each fee.
Appraised Value. There are
several types of appraisal depending on the goal. Values determined
for insurance purposes typically reflect replacement cost of the
improvements. Values needed for multi-unit and commercial real
estate are primarily based on the net operating income (or the
potential net operating income) of the property. Values needed for
residential real estate are usually determined on the basis of
comparable sales. (See the definitions of comparable sales and net
operating income below and see J. P. Vaughan's article "What Is
Market Value" in the How-To section of this site.)
Assumable Mortgage. An
existing mortgage which allows the next purchaser of a property to
be liable for the payments and other obligations of the note and
mortgage. Depending on the type of loan, the assumption of the
obligation by this next purchaser may or may not require a
qualification and approval process and may or may not release the
original mortgagor (borrower) from further liability. A written
release from the mortgagee (lender) is required to relieve the
original mortgagor of responsibility. Without a release, the original
mortgagor must make the payments (and suffer harm to a credit
report if they are not made) if the person assuming the mortgage
fails to do so.
Balance. The outstanding
dollar amount owed on a loan. Also referred to as loan balance or
mortgage balance.
Balloon Payment. An
installment payment which is larger (most often much larger) than
the other scheduled payments. It is usually the last payment. If a
note is written for $50,000 at a fixed 9.0% rate of interest with
payments based on an amortization schedule of 30 years and a
balloon payment due in 5 years, the first 60 payments will each be
$402.31 (the normal payment for a 30 year loan at 9.0% interest)
and the last payment will be $47,940.15 which will be the
outstanding balance remaining after the 60th payment.
Blanket Mortgage. A single
mortgage which attaches to more than one property. (See definition
of "mortgage" below.)
Broker. An individual who
acts as an intermediary between two or more parties for the purpose
of negotiating a transaction agreeable to all of the parties. In
lending, the broker arranges and negotiates loan amounts, interest
rates and loan terms between borrowers and lenders. Depending on
the type of loan, the state wherein the transaction is occurring and
contractual arrangements, the broker may represent the borrower,
the lender or not have a fiduciary responsibility to either. (See
definition of "fiduciary responsibility" below.)
Buy Down. A payment of
discounts points in exchange for a lower rate of interest. It has the
effect of providing the lender with a greater yield today in exchange
for a lower yield in the future. (See definition of "discount points"
below.)
Cash Flow. The net operating
income minus the total of all debt service payments. (See definition
of "net operating income" below.)
Cash Out. Cash given to the
borrower from the proceeds of a loan. While relatively common as
part of a refinance, it is uncommon, but not impossible, as a benefit
of a small percentage of non-conforming loans used for a purchase.
Closing. The formal meeting
where loan documents are signed and funds disbursed. Note,
however, that Federal law requires that funds not be disbursed for
three business days on certain loans where personal residences serve
as the security. (See definition of "rescission" below.)
Closing Costs. The expenses
which borrowers incur to complete the loan transaction. These costs
may include title searches, title insurance, closing fees, recording
fees, processing fees and other charges.
Combined Loan-to-Value (CLTV). The total of all loans relative to the value of the property. If
a property has a value of $100,000 and three loans totaling
$125,000, the CLTV is 125% ($125,000 / $100,000).
Commitment. The notification
that a lender has approved a loan. Virtually all commitments are
issued conditionally; that is, subject to some list of conditions that
must be satisfied prior to funding actually taking place. Typical
conditions include appraisals of a certain value, clean title,
verification of representations by the borrower, etc.
Comparable Sales. As part of
the appraisal process, those relatively recently sold properties which
will be compared to the subject property (the property being
appraised) for the purpose of forming an opinion of value for the
subject property. The facts and details of the comparable properties
will be compared to those of the subject. In an urban setting, to be
of credible assistance in this process, comparable sales must have the
same use as the subject, have many similarities to the subject in
terms of size of house, size of lot, construction, bedroom count, room
count, floor plan, amenities, street traffic and be in the same
neighborhood and have been sold in the recent past (preferably no
more than six months) by way of an "arms length" transaction (i.e.,
not sold to a relative or friend and not sold due to a forced sale or
distress sale) and be within one mile of the subject property. More
liberal standards will apply for rural property and some suburban
properties but the basic premise holds, the more similar the
comparable sales are to the subject property, the more accurate the
value assigned to the subject property will be. Lenders will often
compensate for the less precise nature of rural appraised values by
allowing only lower loan-to-value ratios than those in urban settings,
usually 10% lower. (See definition of "loan-to-value" below.)
Conforming Loan. A loan
which has underwriting criteria consistent with (i.e., conforming to)
those strict guidelines of Fannie Mae, Freddie Mac, FHA or VA. These
are typically the lowest interest rate loans with very good terms.
(See definitions of "Fannie Mae", "Freddie Mac", "FHA", "VA" and
"underwriting" below.)
Conventional Loan. A
conforming loan with no government guarantee; that is, a Fannie Mae
or Freddie Mac loan. (See definition of "conforming loan" above.)
Credit Line. A loan that
allows revolving use of the credit; that is, after funds have been
borrowed and repaid they may be borrowed again without applying
for a new loan. Typically, a credit limit is established and some or all
of the available funds can be optionally disbursed at closing.
Undisbursed funds are available for the borrowers use at any time.
Payments are required only on the outstanding balance. They are
similar in use to a credit card except that they typically use checks to
access the funds. They are inexpensive, effective tools for investors.
Debt Ratio (DR, D:I). Also
known as debt to income. The ratio of the total of minimum monthly
debt payments to gross monthly income. If minimum monthly
payments on a credit card, auto lease, and mortgage (PITI) were $30,
$220 and $750 respectively and the gross monthly income was
$3000, the debt ratio would be 33.33% ($1000 / $3000). Only debt
obligations that will be in place after the loan has funded are
considered. Payments for food, utilities, entertainment, medical bills,
etc. are not included in the calculation. Contractual obligations for
rent (e.g., a lease) would be included in the calculation. The housing
ratio in this example would be 25.0% ($750 / $3000).
The preferred candidate for conventional loans typically would have
debt ratios of 28% for housing and 36% for the total with the
maximum ratios allowed (on a case by case basis with compensating
factors; i.e., some other strong positive to offset the negative of the
higher debt ratio) being around 30% / 40% (housing / total). FHA
and VA loans allow a total of approximately 41.0%. Non-conforming
loans may allow total debt ratios as high as 55% or so. True "hard
money" loans seldom consider debt ratios. (see definitions of "PITI",
"Housing Ratio", "Non-conforming Loan" below)
Debt Coverage Ratio (DCR). A
ratio used in underwriting loans for income producing property
which is created by dividing net operating income by total debt
service. Ratios of at least 1.10 are generally required with ratios of
1.20 and higher considered the norm. (See definition of
"underwriting" below.)
Deed of Trust (DOT). DOT's
are similar to mortgages in that they serve as security for a loan by
encumbering real estate. However, a mortgage is between two
parties (borrower and lender) and a deed of trust involves three
parties (borrower, lender and trustee). The trustee holds the
property in trust as security for the payment of the debt and can sell
the property if the borrower defaults.
Default. Failure to meet all of
the commitments and obligations specified in the mortgage or deed
of trust. Defaults usually give the lender the right to accelerate
payments and start foreclosure.
Discount Points. One point
equals one percent of the loan amount. Paying points has the effect
of giving the lender a higher yield. Two points on a $100,000
mortgage would cost $2,000 ($100,000 x 0.02).
Down Payment. The portion
of the purchase price paid by a buyer to a seller from sources of
funds outside of those provided by a lender.
Due Diligence. The act of
carefully reviewing, checking and verifying all of the facts and issues
before proceeding. In lending it is, among other things, verification
of employment, income and savings; review of the appraisal; credit
report; and status of the title.
Due-on-Sale. A typical clause
of a mortgage requiring that the outstanding balance be paid in full
on the sale of the property. In recent years the language of this
clause has been broadened in many mortgages to include as the
triggering event not only the actual sale of a property but the
transfer of any interest in the property.
Equity. The value of the
unencumbered interest in real estate as determined by subtracting
the total of the unpaid mortgage balances plus the sum of any
current liens against the property from the property's fair market
value.
Escrow Account. An account
from which funds can be disbursed only for specified reasons; i.e. the
money is held in trust for a specific use. In lending, these accounts
are most often used to hold and disburse real estate taxes and
hazard insurance premiums which have been paid in advance
(usually on a monthly basis) by the borrower.
Fair Market Value. See J.P.
Vaughan's article, What Is Market Value?
Fannie Mae (FNMA). Federal
National Mortgage Association, a federally chartered corporation that
purchases mortgages and packages them to sell as securities.
Fee Agreement. An
agreement between a borrower and a broker which normally
specifies the relationship between them and the amount of
compensation to the broker.
Fiduciary Responsibility. An
obligation to act in the best interest of another party. This type of
obligation typically exists when one person places special trust and
confidence in another person and that responsibility is accepted.
First Mortgage. That
mortgage which is recorded at the earliest time. The time of
recording is the sole criteria. Size of loan and type of mortgage are
immaterial. When the first mortgage is paid off and released, the
second mortgage (if any existed) becomes the first mortgage.
Fixed Rate Mortgage. A mortgage with an interest
rate that remains the same through the life of the loan.
Foreclosure. The process by
which the mortgagor's (borrower's) rights to a property are
terminated. While the general process is similar from state to state,
the actual procedures tend to vary greatly.
Freddie Mac (FHMLC). Federal Home Loan Mortgage Corporation, a federally
chartered corporation that purchases mortgages and packages them
to sell as securities.
Gross Monthly Income. Income before deductions for taxes, social security, saving
plans, court ordered child support, etc.
Hard Money Loan. A loan
that is underwritten with the condition and value of the property as
the primary criteria for approval. Secondary issues may include the
credit of the borrower, the ability of the borrower to repay the loan
and/or the ability of the borrower to manage the property or
successfully complete a rehab and sell the property. Owner
occupancy, debt ratios and other issues are seldom a factor.
Appraisals rather than purchase prices are used to determine value.
Cash out purchases are often allowed and are another key benefit.
These loans are usually approved within days and are often funded
in two weeks or under with times as short as two or three days not
uncommon. The cost for the benefits of speed of funding, lax
underwriting and other advantages is typically a moderately high
interest rate (usually low to mid teens) and high points (usually 5 to
10). (See definition of "underwriting" below.)
Hazard Insurance. Insurance
to provide compensation if the improvements are damaged or
destroyed. It is almost always a requirement of loans.
Home Equity Loan. In the
most literal sense, this expression applies to virtually all loans (first
mortgages and second mortgages, fixed and adjustable interest rates,
credit lines and fully amortizing loans, etc.) placed on an owner
occupied property when the loan-to-value after the Home Equity
Loan closes is no higher than 100%. That is, it is a loan secured by
the available equity of an owner occupied residential property.
However, in many (if not all) areas of the country, intense marketing
(from banks in particular) has caused this expression to take on one
particular meaning, that of a credit line (usually a second mortgage
with an adjustable interest rate) secured by a residence. They are
sometimes called a Home Equity Line of Credit. Since many of these
loans are promoted with features such as easier application forms,
fast approvals, drive-by appraisals and low or no closing costs they
don't register within the minds of many consumers in the same way
as the typical first mortgage used to purchase a home. It is not
uncommon, even after just signing the documents at the closing, for
some consumers to think there is not even a mortgage involved!
They can be used as low cost tools for investors.
Initial Note Rate. The rate of
interest that takes effect at the closing of a loan and which
determines the monthly payment(s) for the early portion of the loan.
The period of time during which this rate applies is often short and
the rate may be lower than
Index. The published cost of
money that serves as the minimum basis for determining the
interest rate for an adjustable rate mortgage. Among the commonly
used indices are the Prime Rate (Prime), the London Interbank
Offering Rate (LIBOR), the Cost of Funds (COF) and the 1 year
Treasury Bill (1 year T). The particular index is generally, though
not always, selected based on how often an interest rate is supposed
to adjust. Loans which allow monthly interest rate adjustments
commonly use the Prime Rate. Loans that adjust semi-annually may
use LIBOR. The 1 year Treasury and the Cost of Funds are often used
for loans which adjust on an annual basis. There are other Treasury
instruments which are used for 3 and 5 year adjustment periods.
The interest rate of the loan is determined by adding a margin to the
index. The size of the margin is typically a function of the index used
and the credit worthiness of the borrower. Typical margins on a
Prime Rate based loan would be 0.0 to 5.0 so that if the Prime Rate
were 8.25% and the margin were 2.0 (typical for an "average"
borrower), the interest rate would be 10.25% (8.25 + 2.0).
Interest Rate. The percentage
of the loan amount charged for borrowing money; i.e., the cost of the
money expressed as a percentage.
Jumbo Loan. A loan larger
than the maximum allowed by conforming loans. The threshold
amount has traditionally been adjusted more or less on an annual
basis and has been in the low $200,000's. Banks and mortgage
brokers can quote the current threshold. They are typically
available at interest rates slightly higher than those of conforming
loans and typically require the same underwriting standards as
conforming loans. (see definition of "conforming loan" above)
Lien. A claim on a property
of another as security for money owed. Examples of types of liens
would include judgments, mechanic's liens, mortgages and unpaid
taxes.
Lifetime Cap. The highest
amount over the initial interest rate that an adjustable mortgage can
be raised. Lifetime caps are typically in the range of 5.0% - 7.0%. If
the initial interest rate is 5.25% and the lifetime cap is 6.0%, the
highest interest rate a borrower could pay during the course of the
loan would be 11.25% (5.25% + 6.0%).
Loan-to-Value (LTV). The
ratio of the size of the loan to the value of the property. If the loan
is $80,000 and the value of the property is $100,000 the LTV is 80%
($80,000 / $100,000).
Loan Package. The organized
group of documents that contains all of the information required to
obtain an underwriting decision of loan approval or loan denial.
Depending on the type of loan and the particular lender, a package
may contain some or all of the following as well as other documents:
loan application, statement of use of funds, statement of net worth, P
& L statements, tax returns, pay stubs, statements from various
types of banking and investment accounts, property appraisal, letters
of explanation, credit report, verification of employment, verification
of housing payments, purchase agreement, etc. (See definition of
"underwriting" below.)
Margin. A constant (fixed)
amount over an index that determines a lender's yield on an
adjustable rate loan. The interest rate of an adjustable rate loan is
determined by adding a margin to an index. The size of the margin
is typically a function of the index used and the credit worthiness of
the borrower. Typical margins on a Prime Rate based loan would be
0.0 to 5.0 so that if the Prime Rate were 8.25% and the margin were
2.0 (typical for an "average" borrower), the interest rate would be
10.25% (8.25 + 2.0). (See definition of "index" above.)
Mortgage. A lien against real
property given by a borrower to a lender as security for money
borrowed.
Mortgagee. The entity to
whom the mortgage is given; i.e., the lender.
Mortgage Insurance Premium (MIP). The payment made by a borrower of FHA insured
mortgages to provide a reserve that protects lenders against losses
from very high loan-to-value loans.
Mortgage Loan. A loan which
is secured by a mortgage lien filed against real property.
Mortgage (Open-End). A
mortgage that allows additional money to be borrowed (up to the
original loan amount) without refinancing the loan or paying
additional financing charges .
Mortgagor. The entity who
gives the mortgage; i.e., the borrower.
Net Operating Income (NOI). From income producing property, the gross income minus the
total of all expenses except for debt service. Cash flow is
defined as NOI minus the total of all debt service payments.
No Income Verification Loan (NIV). A type of loan generally limited to the self-employed that is
underwritten based on the borrower's written representation of their
annual income as stated on the loan application. No tax returns,
operating statements or other verification of the income is required.
Debt ratios are computed based on the stated income. The primary
intent of these programs is to allow owners of small businesses to
use their actual cash flows rather than the net incomes normally
reported in tax filings. Higher interest rates on these products
compensate lenders for their higher risks. (See definition of "debt
ratio" above.)
Non-conforming Loan. A loan
not meeting the underwriting requirements of Fannie Mae and
Freddie Mac. I.e., the vast majority of loans.
Note. A written promise to
repay a certain sum of money on specified terms.
Note Broker. An individual
who acts as an intermediary between a holder of an existing note
and a prospective purchaser of the note.
Originator. An individual
who works with a borrower to start a loan. Usually an employee of a
financial institution, an employee of a broker or an independent
contractor affiliated with several brokers, the originator determines
the type of loan a borrower probably qualifies for, helps complete an
accurate application, gathers documents necessary to get an approval
and acts as an intermediary between the borrower and the
underwriter.
Origination Fee. A fee paid to
either a broker or a lender for originating a loan. It may be the only
compensation for their work in arranging and/or processing the loan
or it may be only a portion of the compensation. Not every loan has
an origination fee.
PITI. The shorthand way of
stating the most usual elements of a residential mortgage payment
which may consist not only of the Principal and Interest (PI) but the
property taxes (T) and hazard insurance (I) as well. In the case
where all four elements are part of the payment, the lender escrows
the T and I and pays them on behalf of the borrower when they
come due. Some loans are written such that the payment to the
lender consists only of the P and I in which case the borrower pays
the taxes and insurance directly.
Portfolio Loan. A non-
conforming loan that is held by the original lender rather than being
sold on the secondary market.
Prepayment Penalty. A fee
charged for paying off a loan within a relatively short period of time
after the loan has closed. This provision is currently found only in
non-conforming products. The time period during which it applies is
usually one to three years and the amount of the penalty is usually
1.0% - 3.0% of the original loan amount though other, more
complicated formulas are sometimes used. These provisions are
sometimes regulated by state law. If a $50,000, 15 year loan were
paid off in six months on a loan that had a 1.0% prepayment penalty,
the penalty would be $500 ($50,000 x 0.01).
Principal. The amount being
borrowed.
Private Mortgage Insurance (PMI). The insurance premium paid by a borrower to protect lenders
against losses from loans with loan-to-value ratios higher than 80%.
(See definition of "loan-to-value" above.)
Purchase Money Mortgage. A
mortgage which secures a note written on a loan used in the
purchase of real estate.
Purchase Subject to Mortgage. A purchase in which a buyer agrees to make the monthly
mortgage payments on an existing mortgage and in which the
original borrower remains liable if the purchaser fails to make the
payments as agreed at the time the loan was originally closed.
Rescission Period. A federally
mandated period of three business days (beginning on the day after
a loan closes) during which the borrower may cancel the new loan.
This waiting period only applies to loans which are to be secured by
a mortgage on a personal residence for which the borrower is in title
at the time of loan origination. This right to cancel does not apply to
loans used for the purchase of property. Funds from these loans can
only be disbursed after the rescission period.
Refinance. The process of a
borrower paying off one loan with the proceeds from another.
Seasoned Loan. A loan which
has been in force for a period of time and, therefore, has the
borrower's payment history associated with it. For most purposes,
loans are deemed to be "seasoned" after either six months or one
year.
Second Mortgage. That
mortgage which is recorded after one other mortgage has already
been recorded (and has not yet been released). When the first
mortgage is paid off and released, the second mortgage becomes the
first mortgage.
Statement of Net Worth. A
document which contains in an organized fashion all of the financial
assets and liabilities of an individual or other entity.
Subordination. An agreement
to let an inferior lien (one filed later in time) take precedence (be
considered as if it were in a superior position). It is not an
uncommon for a lender considering a loan request for a large
mortgage (particularly one that will refinance a first mortgage) to
require that a second mortgage already in place remain, in effect, in
second position through the use of a subordination agreement.
Teaser Rate. An interest rate
lower than true stated interest rate of the loan which is in effect for
the first few months of a loan. It is used as an inducement to attract
borrowers.
Term. The length of time for
which money can be borrowed.
Underwriting. The act of
applying formal guidelines that provide qualitative and quantitative
standards for determining whether or not a loan should be approved.
Yield. Return on investment
(the rate at which an investment pays interest and/or dividends).
About the Author . . .
Ed Wachsman has been a successful real estate investor and
mortgage broker (arranging residential and commercial real estate
loans) since the mid-1980s. He prefers to flip (both wholesale and
retail) about twenty properties a year. Out of 27 properties last year,
only a few were held as long as 30 days. The influence of the
Interactive Newsgroup has him thinking long and hard about adding
lease options to his list of investment strategies.
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