Terms and Definitions

Acceleration Clause
A provision in a mortgage that gives the lender the right to demand repayment of the entire principal balance upon the default of the borrower.

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Adjustable Rate Mortgage (ARM)
A mortgage which allows the lender to adjust the interest rate of the mortgage periodically based on changes in a specified index. Interest rates may move up or down as market conditions change. The change in interest rate will result in a change in the periodic payments due under the mortgage.

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Agent
A person authorized to act for and under the direction of another person when dealing with third parties.

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Alternative Financing
Mortgage financing, usually provided by an institutional lender, other than a 30-year Fixed Rate Mortgage.

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Amortization
Reducing the principle and interest on a loan with a payment plan that allows for equal payments to be made to the creditor at consistent intervals over the life of the loan (the amortization period).

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Amortization Schedule
The time table of the payments to be made on an amortized loan showing the following information: the date and amount of each payment, the amount of each payment which will be applied to interest and to principal and the balance of principal still outstanding on the loan after the payment is made.

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Annual Percentage Rate (APR)
A rate designed to allow for the comparison of one type of loan to another. The APR reflects the cost of your mortgage loan as a yearly rate. It will often be higher than the interest rate designated on the note because it includes items such as interest, mortgage insurance, and loan origination fee (points).

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Application
A printed form used by a mortgage lender to record required information concerning a prospective mortgage.

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Application Fee
A fee the lender charges the applicant. May include costs of a property appraisal and a credit report on the applicant.

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Appraisal
A written analysis made by a qualified person setting forth an estimation of the value of a property, usually after an inspection of the property. The appraisal usually determines the amount of money that a lender will loan on that property.

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Assessed Valuation
The value assigned to a property by a public tax assessor for purposes of taxation. This valuation does not necessarily correspond to the market valuation.

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Assessment
The process of placing a value on property for purposes of taxation. This may take the form of a levy against property for a special purpose, such as a sewer assessment where the property owner pays a share of the cost according to the valuation of the property.

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Assets
The value of the entire property and resources of a person or corporation. A fund’s assets generally include the securities in its portfolio plus any cash.

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Assumption
A mortgage obligation that can be taken over by the buyer when a home is sold. The new owner assumes the mortgage obligations and assumes title to the property.

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Assumption Fee
The fee paid to a lender (usually by the purchaser of real property) which results from the assumption of an existing mortgage.

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Balloon Mortgages
A short-term, fixed-rate loan that involves small payments for a certain period of time with the balance due in a single, large payment at a time specified in the contract.

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Balloon Payment
When the final installment payment on a note is greater than the preceding installment payments that extinguishes the debt.

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Basis Point
One basis point equals 1/100 of 1% in interest. Basis points are used by lenders to measure interest rates in yield calculations.

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Binder
A preliminary agreement, which is written in evidence of insurance coverage for a limited time. It is usually secured by the payment of an earnest money deposit and is replaced later with a permanent policy.

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Blanket Mortgage
A mortgage that covers two or more pieces of real estate for security on a single loan.

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Borrower
A person or company (also know as Mortgagor) who receives funds in the form of a loan in exchange for a written promise to repay principal with interest.

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Bridge Loan
A loan used to fill a gap in financing. It is usually a temporary mortgage to help a borrower obtain the necessary cash funds to purchase another home, prior to the sale of their currently owned home.

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Buydown
The payment of extra money on a loan now so as to provide a lower interest rate over either a given period or over the life of the loan.

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Cash Flow
The amount of cash derived over a given period of time from an income producing property, such as a rental house, after all expenses of holding and carrying the property are paid. Theoretically, the cash flow should be large enough to pay all property expenses including mortgages, taxes, etc.

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Cash Out
The refinancing of a mortgage in which the money received from the new loan exceeds the amount due on the old loan. This refinance transaction results in additional cash for the homeowner that can be used for any purpose.

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Cash To Close
Liquid assets that are accessible to be used to pay the closing cost in a mortgage transaction.

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Closing
The culmination of a real estate transaction in which documents are signed and recorded, funds are exchanged and the property is transferred.

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Closing Costs
Expenses (over and above the price of the property) incurred by buyers and sellers in connection with the closing of a mortgage loan. This usually involves an origination fee, discount points, appraisal, credit report, title insurance, attorney’s fees, survey, and prepaid items such as taxes and insurance escrow payments.

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Closing Statement
A document that details an account of the funds between a buyer and seller received and paid at the closing.

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Co-Borrower
An additional individual who is both obligated on the loan and whose name appears on all documents with equal legal obligations.

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Collateral
Additional security for a debt, such as the real estate pledged as security for a mortgage. The lender has the right, if the debt is not paid, to sell the collateral to recoup the outstanding principal and interest on the loan.

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Commitment Fee (Loan)
An up-front fee paid by a potential borrower to a lender for the lender’s promise to lend money at a specified rate and within a give time.

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Condominium
A development where individuals have title to their own dwelling units in a multi-family structure with joint ownership of common areas of structure and the land.

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Conforming Loan
 A conventional home mortgage, or first mortgage, that allows lenders to give loans up to a specified amount (mandated by Congressional directive) which meets the qualifications for sale or delivery to either the Federal National Mortgage Association (FNMA) or the Federal Home Loan Mortgage Corporation (FHLMC).

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Construction Loan
A structured, short-term loan to provide funds necessary to begin construction on buildings or homes.

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Contingency
A condition that must occur before a contract is legally binding. For example: The sale of a house is contingent upon the buyer obtaining financing.

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Conventional Mortgage
A mortgage loan made by an institutional lender without the inclusion of government guarantees such as VA or FHA loans.

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Conversation Option
The right for the borrower to convert an Adjustable Rate Mortgage into a Fixed Rate Mortgage within a specific time frame. There is usually a fee associated with this option.

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Convertible ARM
A combination of both fixed-rate and adjustable-rate mortgages, allowing the best of both options in one package.

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Co-Op
Short for Cooperative, a structure of two or more units, owned by a corporation that gives each resident the right to occupy a specific apartment or unit. It is a mode of land ownership where the occupiers of individual units in a building own an interest in the Cooperative Corporation that owns the whole property.

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Creative Financing
When institutional financing of the purchase of a property does not meet the purchaser’s need, another party may provide additional financing. Creative financing is outside the normal practice of residential financing because the lender does not have to follow the same stringent rules governing the institutional lenders.

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Current Index
The current value of a recognized index as calculated and published nationally or regionally. It is used in calculating the new note at each adjustment period. The Current Index changes periodically.

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Debt Ratio
The allowable percentage of debt in relationship to a borrower’s monthly income. It is used as an assessment for qualification for mortgage loans.

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Deed
The legal document conveying title of property from one owner to another.

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Deed Of Trust
An instrument used in many states in place of a mortgage. Title is transferred to a trustee by the borrower, with the lender as beneficiary, until the loan balance has been paid. This document gives a lender the right to foreclose on a piece of property if the borrower defaults on the loan.

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Default
Failure to meet an obligation of duty, such as to comply with timely requirements of a mortgage.

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Deferred Interest Mortgage
A mortgage in which the payment is not sufficient to cover the principal and the interest and the payment portion of the interest is postponed until a certain date at which time the interest postponed is added to the principle owing.

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Deficiency Judgment
A court order against a borrower if the lender loses money as a result of a foreclosure. The deficiency judgment would be for the difference of the mortgage debt and the amount recovered in a foreclosure sale.

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Deposit
A sum of money given to bind a sale of real estate in advance of a larger amount being expected in the future. Also known as Earnest Money.

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Depreciation
A decline of value in real property brought about by age, physical deterioration, functional or economic obsolescence.

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Discount Buydown
The paying of discount points to lower the interest rate temporarily or permanently for a home purchaser.

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Discount Points
A device used to equalize interest rate yields for lenders and investors. A “point” is one percent of the loan amount. Each discount point paid on a 30-year Fixed Rate Mortgage increases to lenders yield by approximately one fifth of a perfect in interest.

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Discounted Loan
When the note rate on a loan is less than the market rate, additional points may be required by the lender to raise the yield on the loan to the market rate.

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Disintermediation
A condition that occurs when funds are being withdrawn from savings institutions by depositors who are in turn investing in instruments yielding a higher return. The result is less mortgage money available for loans, since the short-term instruments being purchased are normally not made available for real estate loans.

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Down Payment
The initial investment in purchasing a property, usually a percentage of the sale price, that the buyer pays in cash and does not finance with a mortgage

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Earnest Money
A sum of money given to bind a sale of real estate in advance of a larger amount being expected in the future. Also known as a Deposit.

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Effective Age
An appraisal term for the age of a structure as estimated by its condition rather than actual age which takes into consideration rehabilitation and maintenance. The actual age of a building may be shorter or longer than its effective age.

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Equal Credit Opportunity Act (ECOA)
U.S. Federal law, under the Consumer Credit Protection Act, affording people of all races, genders, religions, ages, marital status, etc. an equal chance to borrow money.

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Equity
A determination of the value a property owner has in real estate once the obligations and costs of selling are deducted.

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Equity Participation
An investor or lender may offer lower interest rates to a borrower in return for sharing in the appreciation or expected equity gain. This concept is very common in commercial real estate.

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Equity Sharing
Any two or more purchasers that wish to purchase real estate together can divide the property’s appreciation. A lender or investor can also offer a lower interest rate in return for a share of anticipated equity.

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Escrow
In general, a procedure whereby a disinterested third party handles legal documents and/or funds on behalf of a seller or buyer. These funds are set aside in an escrow account and held in trust usually to pay taxes and insurance on real estate.

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Federal Home Loan Mortgage Corporation (FHLMC)
The Federal National Mortgage Association, which is a congressionally chartered, shareholder-owned company that is the largest national supplier of home mortgage funds.It is commonly known as Freddie Mac. The company buys mortgages from lending institutions, pools them with other loans, and sells shares to investors. Detailed information may be found at http://www.freddiemac.com.

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Federal Housing Administration (FHA)
An agency of the federal government, within the U.S. Department of Housing and Urban Development The FHA sets standards for the underwriting of private mortgages and insures residential mortgages made by private lenders.

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Federal Housing Administration (FHA) Loans
Low-rate loans that are available to Americans with smaller incomes who are interested in modestly priced homes. Down payment requirements are usually lower than the prevailing ones.

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Federal National Mortgage Association (FNMA)
The U.S.’s largest supplier of mortgages to home buyers and owners, a corporation established by Congress and owned by stockholders. It is commonly referred to as ‘Fannie Mae,’ this government-sponsored enterprise is chartered by Congress. This federally chartered agency buys mortgages from lending institutions, pools them with other loans, and sells shares to investors. Detailed information may be found at http://www.fanniemae.com

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Firm Commitment
A promise from a lender to make a mortgage loan with a specified amount of money on specific terms. A promise by the FHA to insure a mortgage for a specific property and purchaser.

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Fixed-Rate Mortgage
A loan in which the interest rate, monthly principal, and interest payments are agreed upon from the outset and will not change throughout the entire term of the mortgage.

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Foreclosure
A legal process by which the lender under a defaulted mortgage forces a sale of mortgaged property because the borrower has not met the terms of the mortgage.

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Free Standing Store
A commercial building meant to be occupied by a single user. It is often found near major shopping centers, on major routes, and fills a specific need in the community

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Fully Indexed Note Rate
The index plus the lenders gross profit margin. If the index is 10% and the lenders profit margin is 2%, the fully indexed note rate would then be 12%.

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Garden Apartments
Apartment buildings that offer a unit that enjoys direct access to a lawn, courtyard or other garden-like area.

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General Warranty Deed
A deed containing a binding agreement whereby the seller agrees to protect the buyer against being dispossessed because of any adverse claim against the property.

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Government National Mortgage Association (GNMA)
A government-owned corporation within the U.S. Department of Housing and Urban Development, it is also referred to as ‘Ginnie Mae,’. This government agency guarantees the payment of principal and interest on all of its pass-through securities, and its guarantee is backed in turn by the full faith and credit of the U.S. Government.

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Graduated Payment Mortgage (GPM)
A mortgage that usually starts the borrower with low payments that are gradually increased over five to ten years, before leveling off for the remainder of the term of the loan until the loan is fully amortized. Negative amortization usually occurs until the payment reaches the level payment stage. Usually government insured loans (VA or FHA)

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Graduated Payment Adjustable Rate Mortgage (GPARM)
A conventional mortgage that would start the borrower out with low payments which are gradually increased over three to six years, until the loan is fully amortized. Negative amortization usually occurs until the payment reaches the level payment stage.

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Gross Margin (Profit Margin)
The difference between the interest rate chargeable on an Adjustable Rate and the rate set by the index rate upon which the mortgage rate is based. This is the lender’s profit margin.

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Growing Equity Mortgage (GEM)
A long-term mortgage whereby the borrower agrees to increase his payment each year by an agreed amount. The added money per payment is applied directly to the outstanding principal on the mortgage, which is thereby paid off in a shorter number of years.
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Hazard Insurance
Also called Homeowners Insurance, it is designed to cover damage due to fire, wind, vandalism, theft, etc.

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Heavy Industrial
Manufacturing properties comprise the heavy industrial segment. Frequent uses of such properties are: auto making, textiles, steel, chemicals, and food processing. Typically zero to five percent office space.

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High-Rise Apartments
A descriptive term for an apartment building in excess of ten stories, with underground parking, security, and a standard floor plan.

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Home Warranty Insurance
Private insurance insuring a buyer against defects (usually in plumbing, heating and electrical) in the home purchased. The period of insurance varies and both new and used homes may be insured.

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Impound Account
See Escrow

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Income Ratio
Used to determine qualification for mortgage loans, this ratio accesses the allowable housing costs in relationship to a borrower’s monthly income.

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Index
Any rate published by an independent third party (the government, the federal bank, etc.) which serves as the measuring device used to determine if interest rates have gone up or down over time. A wide variety of indexes may be used with Adjustable Rate Mortgages.

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Initial Note Rate
The mortgage note rate at the inception of the mortgage. This rate will change periodically according to the index and the period of time for which it is guaranteed.

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Insurance of Title
Insurance as to who owns a specified interest in designated real estate, and showing as exceptions to the insured interest the defects, liens and encumbrances which exist as against that insured interest.

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Interest Cap
A type of consumer protection that limits the amount of interest that a loan may be increased or decreased. Yearly interest caps and life of loan caps are available with many loans today.

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Interest Rate Buydown
A technique of reducing the effective interest charged to a borrower. It involves the payment of money to a lender to reduce the borrower’s interest rate either temporarily or permanently. This would help reduce the buyer’s payments and help him qualify for the loan.

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Interim Financing
A temporary construction loan made during the completion of a home or building, which is usually replaced by a permanent loan after completion and/or sale of the property. It also may be referred to as a short-term loan or a bridge loan.

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Investment Return
The amount by which your investment gains or loses (capital appreciation/depreciation and dividend or coupon income) over a given period of time. Usually expressed as a percentage of the original amount invested. A five-percent return means you earned five dollars for every $100 you invested in the stated time period. Investment return can be measured over a variety of timeframes (i.e., one-year, five-years, 10-years, etc.)

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Lien
A legal claim or security instrument against property for moneys owed.

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Life of Loan Cap
Limits the amount that a loan rate can change throughout the entire life or term of the loan. A typical life of the loan in use today would be a 5% interest rate cap.

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Light Industrial/Assembly
Production lines that assemble components produced elsewhere and light manufacturing are based in light industrial/assembly facilities. Office space is usually less than ten percent.

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Loan Origination Fee
A one-time set-up fee charged by the lender to cover the direct costs of arranging the loan.

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Lock-In Rate
Some borrowers will obtain a commitment from a lender to guarantee a certain interest rate or other loan feature for a set period of time, usually from thirty days to one year for a prepaid fee. This can protect a borrower from interest rates rising while the application and closing takes place.

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Market Value
A price estimate obtained for a particular asset if it were sold in an arm’s length transaction on the current market. For Real Estate: The likely price a buyer is willing to pay for a property and the likely price a seller will accept for the property in question.

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Mechanics Lien
A lien or claim placed on a property as security for payment for work performed in the construction of the property and is not compensated for that work.

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Mid-Rise Apartments
Six to ten story buildings that are serviced by elevators, usually have an inner city or dense suburb, and have a limited range of unit types.

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Mortgage
A legal document secured against property to the lender for payment of a debt. It is a two party agreement as opposed to the three party agreement of a deed of trust.

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Mortgage Yours
Individual lenders who originate mortgages exclusively for resale in the secondary mortgage market. These are often sold to investors such as insurance companies and Fannie Mae.

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Mortgage Insurance Premium (MIP)
An insurance premium paid by the borrower on a policy that promises to pay out the amount owing in the event that the borrower defaults.

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Mortgage Note
A written agreement, secured by a mortgage, serves as proof of indebtedness, and states the manner in which a loan is repaid.

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Mortgagee (Lender)
The lender of money to purchase real estate in a mortgage transaction. One who holds a mortgage on real estate.

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Mortgagor
The borrower of money to purchase real estate in a mortgage transaction

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Mortgage Information Letter (MIL)
A letter issued by the lender indicating the payoff balance of a loan as well as any other requirements of loan payoff.

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Multiple Listing Service (MLS)
The service created and run by professionals which combines all available listings in an area into one directory or database. This database excludes For Sale By Owner (FSBO) properties.

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Negative Amortization
When the periodic payments on a loan are not sufficient to pay the interest which has accumulated. This results in an increase rather than a decrease in the amount owing on the mortgage. Also referred to as a deferred interest.

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Note
A legal document that obligates a borrower to repay a debt, such as a mortgage note.

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Note Rate
The interest rate as set out in the mortgage that must be paid back on the mortgage note in addition to the principal amount owed.

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Office/Warehouse or Research & Development
Properties that have lab facilities, offices, warehouse facilities, or personal services such as carpentry or machine repair are typically research and development or office/warehouse properties. Each property usually allows a variable combination of office and other uses.

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Origination Fee
A fee paid to the lender for processing a loan application. The origination fee is stated in the form of points and usually amounts to 1% of the loan applied for.
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Payment Adjustment Period
This is the time frame between payment adjustments made on Adjustable Rate Mortgages. A usual time frame is one, three, or five years.

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Payment Cap
A cap placed on the borrower’s payment rather than his interest rate. The level to which the monthly payment may rise is limited to a certain dollar figure. A typical payment cap used today would be 7.5% of the payment (Roughly equivalent to one percent in interest).

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Payment Rate
The effective rate of interest the buyer is paying at a certain time, regardless of the overall interest rate of the note.

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Permanent Buydown
An amount of money a lender is paid to permanently reduce a borrower’s interest rate and payments.

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Permanent Loan
A long-term mortgage of ten years or more, often registered after construction is complete. Often referred to as an “end loan”.

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P.I.T.I.
This stands for principal, interest, taxes and insurance. It is representative of the borrower’s actual monthly mortgage-related expenses. Most residential mortgage payments are referred to as P.I.T.I .

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Pledged Account Buydown
This refers to a principle amount paid plus interest earned on the principal to reduce a borrower’s interest rate and payment.

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Points
A one-time fee you pay the bank for originating a loan. A charge equal to 1% of the loan amount which increases or equalizes the lender’s yield or rate of return. Lenders offer various rate/point combinations.

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Prepayment Penalty
A penalty that a lender may impose on a borrower who pays off a loan before it is due.

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Prepayment Privilege
The right of a borrower to pay off all or part of the outstanding principal before the maturity date, without incurring a penalty.

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Principal
It is the amount of the mortgage debt that is presently owed and remains unpaid. The principal is the part of the monthly payment that reduces the remaining balance of a mortgage.

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Private Mortgage Insurance
Insurance to protect lenders against foreclosure losses. Similar to the FHA’s mortgage insurance premium, it is provided to lenders making conventional loans with less than 20% down.

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Prorate
The seller and buyer allocate their proportionate share of an obligation paid or due. For example, real property taxes, fire insurance or condominium fees may be prorated.

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Quit Claim Deed
A document that releases the deeding or giving up of one’s interest in a property to another party.

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Rapid Payoff Mortgage (RPM)
Another name for a short term mortgage.

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REALTOR
A professional real estate broker or associate who is an active member in a local real estate board that is affiliated with the National Association of Realtors. Not every broker is a REALTOR.

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Real Estate Mortgage Investment Conduits (REMICs)
A more complex type of mortgage security created by mortgage securities being pooled to create collateral. This allows cash flows to be split so that different classes of securities may be created.

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Real Estate Professional
Any real estate broker, sales person, or attorney who holds a real estate license.

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Refinance
To obtain or replace an existing mortgage with a new mortgage loan on property already owned. The new mortgage may have different terms than the old one.

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Release of Liability
A release from financial obligations from a mortgage due to another individual becoming responsible for the obligation. Both the VA and FHA allow releases of liability on their mortgages.

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Renegotiable Rate Mortgage (RRM)
A mortgage that allows the interest rates and payments to be adjusted periodically according to an index (similar to an ARM).

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REO (Real Estate Owned)
Defined as a term for properties taken back by lenders in foreclosures.

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Residual Income
The amount of income left to support the family after all known obligations of the borrower’s gross monthly income have been subtracted. This amount replaces the Income Ratio on VA loans.

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Restriction
A provision in a deed which limits in some way the right to use land or convey its title. Examples are building setback lines and limitations to residential uses.

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Reverse Annuity Mortgage (RAM)
A mortgage where the property’s equity serves as security for periodic payments made by the lender to the borrower. The mortgage is generally paid out upon the sale of the property.

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Rollover Mortgage (ROM)
A mortgage where the payments are only guaranteed for three, four, or five years. The borrower is allowed to refinance at the end of the term at the interest rate then applicable.

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Savings and Loans
The traditional lenders for conventional home loans.

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Second Mortgage
A mortgage loan that is registered on title after a first mortgage is already recorded. It is behind the first mortgage in priority. In the event of default and sale of the property, the second mortgagee will only be paid if there are funds left after the payment of the first mortgage.

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Secondary Mortgage Market
A market where the primary lenders can sell packaged home loans to obtain more funds to make additional loans.

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Shared Appreciation Mortgage (SAM)
A loan arrangement where two or more parties participate in the purchase of real estate and share the appreciation and tax deduction (similar to shared equity mortgages).

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Shopping Center
A group of stores catering to a trade area, which offer a variety of goods and/or services and on-site parking.

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Strip Commercial
A string of stores in a commercial area with no central leasing, management or theme.

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Sweat Equity
When a purchaser contributes to the construction or rehabilitation of a property in the form of labor or services rather than cash.

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Swing Loan
See Bridge Loan

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Telecommuting
Working at a remote location instead of traveling to the primary workplace.

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Title
A legal document evidencing proof of ownership.

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Title Company
A corporation which is in the business of selling policies of insurance guaranteeing the ownership and quality of title to land. Title Companies also to perform escrow functions.

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Title Insurance
Protection for the lender (lender’s policy) against the consequences of a pre-existing lien or the buyer (owner’s policy) against encumbrance on a property that is discovered after change of ownership.

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Usury
Extremely high interest charged, in excess of the legal rate established by law.

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Vesting
Conveying ownership or control of through legal action.

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Veterans Administration Loans
Mortgage loans to veterans by banks, savings and loans, or other lenders that are guaranteed by the Veterans Administration, enabling veterans to buy a residence with little or no money down.

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Walk-Up Apartments
Three to five story buildings, without an elevator. They may be mixed single- and multi-family; usually only two or three different types of units.

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Warehouse/Distribution
Facilities that are typically located in the lowest-priced land in older parts of town or on suburban fringes. Frequently, like light industrial/assembly property, office use is limited to management tasks for the facility, or about 15 percent of total space.

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Warehouse Fee
Charged as an offset to cover a loss, many mortgage firms borrow funds on a short-term basis in order to originate loans that will later be sold in the secondary mortgage market. When the rate of interest is higher on short-term loans than on long term mortgage loans, the lender has an economic loss.

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Wraparound Mortgage
A secondary financing option in which a new larger mortgage is created to encompass the first mortgage. This large second mortgage is used to preserve the low interest rate on the first mortgage for a potential buyer.

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Yield
A profit obtained on an investment, which includes the interest rate charged, discount points paid, and any other charges collected.
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