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The real estate market is a difficult one, and should not be entered casually. With the right information, you can make your venture a success, but all to often lack of foresight and failure to do the proper exploration leave consumers in unfortunate situations that are difficult to rectify. An educated consumer is a happy consumer, and in no market is this truer than the property market. Before you commit, learn as much as you can – whether you’re buying or selling, you’ll never regret doing a little extra research. Real Estate Basics To begin with the basics, let’s consider a few definitions. “Real Property” is legally defined as “land and improvements permanently attached to the land.” Improvements include everything from houses and garages to in-ground swimming pools, but exclude portable items like mobile homes and tool sheds. Also included in real property are substances beneath the land, such as gas, minerals and oil. There are many types of real estate, but most consumers will encounter only two: single-family homes and commercial property. Commercial property may include spaces used for retail, office, shopping, hotels, warehouses, manufacturing facilities, apartment complexes, as well as vacant land zoned to be used for any of those purposes. Aside from specialty properties like farms and industrial sites, almost any property to be used for anything besides a single-family homes is considered commercial. Different rules govern transactions involving each kind of property, and it’s important to know what you will encounter before you get started. The use of any property is limited by zoning laws, which govern the purpose – for example, housing, retail, or industrial – for which the real estate can be used. Zoning laws also restrict the size and height of buildings, the portion of property that may be used for parking, how far buildings must be set from the street and from each other, and whether and what kind of hazardous materials can be stored there. Public easement and right of way laws, which fall into the general category of zoning, outline whether and which parts of private property must be reserved for public use, usually in the form of sidewalks, electrical lines, sewer pipes, fire hydrants and similar public goods. Laws differ from town to town, so if you are looking at multiple locations, keep track of how each municipality’s rules will affect how you can use your property. Choosing a Real Estate Professional Although some people prefer to work on their own, it is usually good to hire a licensed real estate professional if you are looking to buy or sell a house. You may choose between a real estate broker, who is independently licensed to review the entire market and show any house that suits your needs, and a real estate agent who works for a specific company and is usually restricted to showing properties in that company’s listings. Which one you choose will depend on your needs, budget, and the number of real estate companies competing in your area. If there are a large number of companies, you may do better with a broker, but if there are only a few, you can save money by using an agent. No matter what type of professional you choose, there are a few things you should consider before making your decision. How does the agent or broker intend to market your house? How successful has he been in the past, particularly with homes in your range and area? If he is an agent, what is his company’s track record? What is the time limit on the contract you will sign, and can you break it if you’re dissatisfied? Do you feel comfortable that he understands your needs and will work hard to meet them? Recall that, above all, real estate agents are salespeople, so be sure that you are confident that they are working with you as well as for their employers. A great way to narrow down choices is to check the Internet for websites that compare companies and agents in your area. You may also want to talk with friends who have recently moved about their experiences with local agents and brokers. Buying and Selling: What You Need to Know When you are in the market to buy, your individual situation will determine whether or not to hire a professional. You may find that you can do well enough finding suitable listings without the help of an agent. However, if you live in a city where good housing is scarce, you may want to engage someone to help you discern the good from the bad. Real estate agents can also be very helpful when it’s time to close the deal, sorting out what items are included with the house (for example, appliances and furnishings) and working with the seller to divide costs fairly. Although it is possible to sell your home without professional help, but this should be attempted with great caution. A real estate professional will help sort through potential buyers to find people who are serious, work with to get a fair price for your property, and be indispensable at closing time when it comes to dividing up property taxes and other shared costs. In general, as a seller, you should expect to run up against a number of expenses when you close on your house. These may include excise tax (a tax levied on the seller of any property or item), attorney and professional fees, property taxes, real estate commission, and fees for survey, inspection, certification and other items, depending on the laws of the state in which the house is sold. Commercial Property: Buying and Selling If you are looking to buy or sell commercial property, your best bet is to engage a real estate attorney who can advise you on legal matters involving the transfer. As with home purchases, it’s important to have the property inspected thoroughly before committing to buy. You will also want to ensure that zoning laws permit you to renovated buildings to suit your needs – for example, buildings that are zoned as small retail outlets may not always be turned into restaurants; warehouses may not necessarily be converted to apartment complexes. Real estate lawyers will make sure that you know as much as possible about your property before you buy. Do Your Homework Youll be Amazed at the Difference it Makes! The best way to be successful in any real estate transaction is to come in with your eyes open. Listed below or some top real estate websites that can help you find what you're looking for today: HomeGain: Selling Your Home? - Let local real estate agents know about the home you'd like to sell so they can address your specific needs. They will send you customized responses including their credentials, business experience, and commission rates to compete for your business. HomeGain: Buying A Home? - Let local real estate agents know about the home you'd like to buy so they can address your specific needs. They will send you customized responses including their credentials, business experience, and local market knowledge to compete for your business. Foreclosure Search: Simple Real Estate Secrets - Search foreclosures in the USA. Includes bank foreclosures, court foreclosures, pre-foreclosures, homeowners in bankruptcy, HUD homes, VA homes, government homes & more! Make Real Money Investing In Real Estate - Lou Vukas gives you the insider secrets to making real money in real estate regardless of your credit, finances or location. ^ Paid Advertisement Article ^ Ad Information        Forbes.com Wireless        Reprints / Permissions        Subscriber Services        ©2004 Forbes.com™      All Rights Reserved       Privacy Statement        Terms, Conditions and Notice Search Engine Marketing by 360i, Inc.



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Feds probe real estate agents - Apr. 22, 2005 Web CNN/Money Buying & Selling Investment Property Home Improvement Million $ Life Financing Best Places SAVE | EMAIL | PRINT | SUBSCRIBE TO MONEY | Feds probe real estate agents Money magazine investigation shows Justice Dept. looking into anticompetitive practices. April 22, 2005: 5:27 PM EDT By Jon Birger, Money Magazine NEW YORK (CNN/Money) - Did you pay your real estate broker too much? The U.S. Department of Justice may be set to turn Tulsa, Okla. into a test-case for ending the stranglehold 6 percent commissions have over the real estate brokerage business. MONEY has learned that Justice's Antitrust Division is gathering information on the bully tactics that full-commission brokers in Tulsa allegedly use against their discount rivals to discourage commission-cutting. The probe follows other recent efforts to spur competition in the real estate industry. According to a copy of a Justice Department subpoena obtained by MONEY, federal investigators are seeking information on "possible anticompetitive conduct in the provision of real estate services in the Tulsa area" as well as "documents related to refusal to cooperate on real estate transactions." An Antitrust Division spokeswoman confirmed the existence of the investigation but declined to provide additional details. Al Unser, executive director of the Greater Tulsa Association of Realtors said: "We received a CID [civil investigative demand] from the Justice Dept. and we have responded." Economists who study real estate, such as the University of Cincinnati's Norm Miller, believe anti-competitive behavior is the primary explanation for the persistence of the 6 percent commission. J.D. Smith and Bob Meyer are two Tulsa discount real estate agents who say they were interviewed by federal investigators. They say the investigators wanted information on full-commission agents' alleged refusal to show home-buying clients properties listed by discount brokers -- a tactic known as boycotting. Boycotting exploits the one major weakness of the multiple listing service. The MLS's upside is that it centralizes all homes for sale in a single electronic marketplace that can be accessed by all agents -- and these days by Web-savvy consumers as well. The downside is that brokers must depend on one another to help sell their homes, and that discourages them from undercutting each other's commissions. While boycotting the listings of discounters is generally considered an antitrust violation -- if undisclosed, it's also a breach of fiduciary duty to clients -- industry insiders are well aware that boycotting goes on, even if they claim not to condone it. For Smith, the Feds' investigation comes a year or so too late. His realty business on the brink of ruin, Smith recently abandoned discount brokerage and went back to charging 6 percent. "In one week," Smith said, "I've had more showings and more offers from other realtors than I had in the previous two months." The Tulsa investigation is part of an ongoing Antitrust Division foray into the sharp-elbowed realty world. In March, the Antitrust Division sued the Kentucky Real Estate Commission over a state law that prohibits real estate brokers from offering commission rebates to consumers. More recently, Assistant Attorney General R. Hewitt Pate sent letters to lawmakers and regulators in Oklahoma and Texas, urging them to reject proposals that would effectively prohibit brokers from engaging in limited-service or fee-for-service realty -- such as listing a home for sale on the multiple listing service for a flat fee of $500. Bruce Hahn, chairman of the American Homeowners Grassroots Alliance, argues that state prohibitions on rebates and fee-for-service discourage competition and inflate commissions paid by consumers. "We've talked to Justice, and we think what they're doing is tremendous," he said. E-mail Jon Birger at jbirger@moneymail.com. The Hot List Most profitable renovations How risky is your 401(k)? Big new tax credits for hybrid cars More Real Estate How to buy and build on rural land Most overvalued housing markets When booms go bust... contact us | magazine customer service | site map | glossary | RSS | press room OTHER NEWS: CNN | SI | Fortune | Business2.0 = Money subscribers = Premium content -- * - Time reflects local markets trading time. † - Intraday data is at least 15-minutes delayed. Disclaimer © 2005 Cable News Network LP, LLLP. A Time Warner Company ALL RIGHTS RESERVED. Terms under which this service is provided to you. privacy policy Reprints of site stories are available. Top Stories Most overvalued housing markets Risks to the economy in 2006 Which was the worst ad of all in 2005? After the ride, a rest Hilton brands reunite after 40 years YOUR E-MAIL ALERTS Real Estate Antitrust Division Corporate Governance Oklahoma or Create your own Manage alerts | What is this?



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Ginnie Mae: Your Path to Homeownership -- -- Glossary of Terms Select the first letter of the word from the list below to jump to the appropriate section of the glossary. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z - A - abstract of title A historical summary provided by a title insurance company of all records affecting the title to a property. acceleration clause A clause that allows a lender to declare the entire outstanding balance of a loan immediately due and payable should a borrower violate specific loan provisions or default on the loan. adjustable rate mortgage (ARM) A variable or flexible rate mortgage with an interest rate that varies according to the financial index it is based upon. To limit the borrower's risk, the ARM may have a payment or rate cap. See also: cap . amenities Features of your home that fit your preferences and can increase the value of your property. Some examples include the number of bedrooms, bathrooms, or vicinity to public transportation. amortization The liquidation of a debt by regular, usually monthly, installments of principal and interest. An amortization schedule is a table showing the payment amount, interest, principal and unpaid balance for the entire term of the loan. annual cap See: cap . annual percentage rate (A.P.R.) The actual interest rate, taking into account points and other finance charges, for the projected life of a mortgage. Disclosure of APR is required by the Truth-in-Lending Law and allows borrowers to compare the actual costs of different mortgage loans. appraisal An estimate of a property's value as of a given date, determined by a qualified professional appraiser. The value may be based on replacement cost, the sales of comparable properties or the property's income-producing ability. appreciation A property's increase in value due to inflation or economic factors. A.P.R. See: annual percentage rate . ARM See: adjustable rate mortgage . assessment Charges levied against a property for tax purposes or to pay for municipal or association improvements such as curbs, sewers, or grounds maintenance. assignment The transfer of a contract or a right to buy property at given rates and terms from a mortgagee to another person. assumption An agreement between a buyer and a seller, requiring lender approval, where the buyer takes over the payments for a mortgage and accepts the liability. Assuming a loan can be advantageous for a buyer because there are no closing costs and the loan's interest rate may be lower than current market rates. Depending on what is in the mortgage or deed of trust, the lender may raise the interest rate, require the buyer to qualify for the mortgage, or not permit the buyer to assume the loan at all. Go to Top - B - balloon mortgage Mortgage with a final lump sum payment that is greater than preceding payments and pays the loan in full. biweekly mortgage A loan requiring payments of principal and interest at two-week intervals. This type of loan amortizes much faster than monthly payment loans. The payment for a biweekly mortgage is half what a monthly payment would be. bond A certificate serving as security for payment of a debt. Bonds backed by mortgage loans are pooled together and sold in the secondary market . bridge loan A loan to "bridge" the gap between the termination of one mortgage and the beginning of another, such as when a borrower purchases a new home before receiving cash proceeds from the sale of a prior home. Also known as a swing loan. broker An intermediary between the borrower and the lender. The broker may represent several lending sources and charges a fee or commission for services. buy-down A type of mortgage which requires the buyer to pay additional discount points or make a substantial down payment in return for a below market interest rate. Another form of a buy-down is one in which the seller offers 3-2-1 interest payment plans or pays closing costs such as the origination fee. During times of high interest rates buy-downs may induce buyers to purchase property they might otherwise not have purchased. Go to Top - C - cap A limit in how much an adjustable rate mortgage's monthly payment or interest rate can increase. A cap is meant to protect the borrower from large increases and may be a payment cap, an interest cap, a life-of-loan cap or an annual cap. A payment cap is a limit on the monthly payment. An interest cap is a limit on the amount of the interest rate. A life-of-loan cap restricts the amount the interest rate can increase over the entire term of the loan. An annual cap limits the amount the interest rate can increase over a twelve-month period. certificate of reasonable value (CRV) A Veterans Administration appraisal that establishes the maximum VA mortgage loan amount for a specified property. certificate of title A document rendering an opinion on the status of a property's title based on public records. closed-end mortgage A mortgage principal amount that is fixed and cannot be increased during the life of the loan. See also: open-end mortgage . closing costs Costs payable by both seller and buyer at the time of settlement, when the purchase of a property is finalized. These costs can be up to ten percent of the mortgage amount and usually include but are not limited to the following: Fees Paid to the Lender Fees Paid in Advance Other Charges O rigination fee D iscount points C redit report fee A ppraisal fee A ssumption fee if loan is assumed I nterest from the closing date to the beginning of the 1st payment H azard insurance premium M ortgage insurance premium T itle search and title insurance S ales commissions L egal and recording fees I nspection and survey fees P roperty taxes and other adjustments P rocessing and document preparation fees cloud A claim to the title of a property that, if valid, would prevent a purchaser from obtaining a clear title. collateral Something of value pledged as security for a loan. In mortgage lending the property itself serves as collateral for a mortgage loan. commitment fee A fee charged when a) an agreement is reached between a lender and a borrower for a loan at a specific rate and points and b) the lender guarantees to lock in that rate. co-mortgagor One who is individually and jointly obligated to repay a mortgage loan and shares ownership of the property with one or more borrowers. See also: co-signer . condominium An individually owned unit within a multi-unit building where others or the Condominium Owners Association share ownership of common areas such as grounds, parking facilities and tennis courts. conforming loan A loan that conforms to Federal National Mortgage Association (FNMA) or Federal Home Loan Mortgage Corporation (FHLMC) guidelines. See also: non-conforming loan . construction loan A short-term loan financing improvements to real estate, such as the building of a new home. The lender advances funds to the borrower as needed while construction progresses. Upon completion of the construction the borrower must obtain permanent financing or repay the construction loan in full. consumer handbook on adjustable rate mortgages (C.H.A.R.M.) A disclosure required by the federal government to be given to any borrower applying for an adjustable rate mortgage (ARM). conventional loan A mortgage loan that is not insured, guaranteed or funded by the Veterans Administration (VA), the Federal Housing Administration (FHA) or Rural Economic Community Development (RECD) (formerly Farmers Home Administration). convertible mortgage An adjustable rate mortgage (ARM) that allows a borrower to switch to a fixed-rate mortgage at a specified point in the loan term. co-signer A person who is obligated to repay a mortgage loan should the borrower default but who does not share ownership in the property. See also: co-mortgagor . covenants Rules and restrictions governing the use of property. CRV See: certificate of reasonable value . curtailments The borrower's privilege to make payments on a loan's principal before they are due. Paying off a mortgage before it is due may incur a penalty if so specified in the mortgage's prepayment clause. Go to Top - D - debt Money owed to repay someone. debt-to-income ratio The ratio between a borrower's monthly payment obligations divided by his or her net effective income (FHA or VA loans) or gross monthly income (conventional loans). deed The legal document that transfers the ownership of real property from one party to another. deed of trust A document, used in many states in place of a mortgage , held by a trustee pending repayment of the loan. The advantage of a deed of trust is that the trustee does not have to go to court to proceed with foreclosure should the borrower default on the loan. Department of Housing and Urban Development (HUD) The U.S. government agency that administers FHA, GNMA and other housing programs. discount points A percentage of the loan amount paid to the lender to buy down the interest rate. Each point is one percent of the loan amount; for example, two points on a $100,000 mortgage is $2,000. down payment The difference between the purchase price and mortgage amount. The down payment becomes the property equity. Typically it comes from cash savings, but it can also be a gift that is not to be repaid or a borrowed amount secured by assets. due-on-sale A clause in a mortgage or deed of trust allowing a lender to require immediate payment of the balance of the loan if the property is sold (subject to the terms of the security instrument). duplex A dwelling divided into two units. Go to Top - E - earnest money A deposit in the form of cash or a note given to a seller by a buyer as good faith assurance that the buyer intends to go through with the purchase of a property. easement The right one party has in regard to the property of another, such as the right of a public utility company to lay lines. Equal Credit Opportunity Act A federal law prohibiting lenders and other creditors from discrimination based on race, color, sex, religion, national origin, age, marital status, receipt of public assistance or because an applicant has exercised his or her rights under the Consumer Credit Protection Act. equity The value of a property beyond any liens against it. Also referred to as owner's interest. escape clause A provision allowing one party or more to cancel all or part of the contract if certain events fail to happen, such as the ability of the buyer to obtain financing within a specified period. escrow Money placed with a third party for safekeeping either for final closing on a property or for payment of taxes and insurance throughout the year. Go to Top - F - fair market value The price a property can realistically sell for, based upon comparable selling prices of other properties in the same area. Fannie Mae Nickname for Federal National Mortgage Association (FNMA) . Federal Home Loan Mortgage Corporation (FHLMC or Freddie Mac) A quasi-governmental, federally-sponsored organization that acts as a secondary market investor to buy and sell mortgage loans. FHLMC sets many of the guidelines for conventional mortgage loans, as does FNMA. Federal Housing Administration (FHA) An agency within the Department of Housing and Urban Development that sets underwriting standards and insures residential mortgage loans made by private lenders. One of FHA's objectives is to help make affordable mortgages available to homeowners with low or moderate income. FHA loans may be high loan-to-value, and they are limited by loan amount. FHA mortgage insurance requires a fee of 1.5 percent of the loan amount to be paid at closing, as well as an annual fee of 0.5 percent of the loan amount added to each monthly payment. Federal National Mortgage Association (FNMA or Fannie Mae) A private corporation that acts as a secondary market investor to buy and sell mortgage loans. FNMA sets many of the guidelines for conventional mortgage loans, as does FHLMC. The major purpose of this organization is to make mortgage money more affordable and more available. fee simple The maximum form of ownership, with the right to occupy a property and sell it to a buyer at any time. Upon the death of the owner, the property goes to the owner's designated heirs. Also known as fee absolute . FHA See: Federal Housing Administration . fifteen-year mortgage A loan with a term of 15 years. Although the monthly payment on a 15-year mortgage is higher than that of a 30-year mortgage, the amount of interest paid over the life of the loan is substantially less. fixed-rate mortgage A mortgage whose rate remains constant throughout the life of the mortgage. flood insurance A form of insurance that protects the owner of the insured property against losses stemming from flood damage. The Federal Flood Disaster Protection Act of 1973 requires that federally-regulated lenders determine if real estate to be used to secure a loan is located in a Specially Flood Hazard Area (SFHA). If the property is located in a SFHA area, the borrower must obtain and maintain flood insurance on the property. Most insurance agents can assist in obtaining flood insurance. FNMA See: Federal National Mortgage Association . Freddie Mac Nickname for Federal Home Loan Mortgage Corporation (FHLMC) . Go to Top - G - gift A sum of money, including amounts from a relative or a grant from the borrower's employer, a municipality, non-profit religious organization, or non-profit community organization that does not have to be repaid. Ginnie Mae Nickname for Government National Mortgage Association (GNMA) . good faith estimate The estimate on closing costs and monthly mortgage payments provided by a lender to the homebuyer within 3 days of applying for a loan. Government National Mortgage Association (GNMA or Ginnie Mae) A government organization that participates in the secondary market , securitizing pools of FHA, VA, and RHS loans. graduated payment mortgage (GPM) A fixed-interest loan with lower payments in the early years than in the later years. The amount of the payment gradually increases over a period of time and then levels off at a payment sufficient to pay off the loan over the remaining amortization period. Go to Top - H - hazard insurance A form of insurance that protects the owner of the insured property against losses from physical damage such as fire and tornadoes. Mortgage lenders often require a borrower to maintain an amount of hazard insurance on the property that is equal at least to the amount of the mortgage loan. home equity loan A mortgage on the borrower's principal residence, usually for the purpose of making home improvements or debt consolidation. home inspection A thorough review of the physical aspects and condition of a home by a professional home inspector. This inspection should be completed prior to closing so that any repairs or changes can be completed before the transfer of the home is completed. homeowners insurance A form of insurance that protects the owner of the insured property against loss from theft, liability and most common disasters. Housing and Urban Development (HUD) The U.S. government agency that administers FHA, GNMA and other housing programs. housing affordability index An index that indicates what proportion of homebuyers can afford to buy an average-priced home in specified areas. The most well known housing affordability index is published by the National Association of Realtors. housing expenses-to-income ratio See: debt-to-income ratio . HUD See: Housing and Urban Development . Go to Top - I - income approach to value A method used by real estate appraisers to predict a property's anticipated future income. Income property includes shopping centers, hotels, motels, restaurants, apartment buildings, office space, etc. income-to-debt ratio See: debt-to-income ratio . index A published interest rate compiled from other indicators such as U.S. Treasury bills or the monthly average interest rate on loans closed by savings and loan organizations. Mortgage lenders use the index figure to establish rates on adjustable rate mortgages (ARMs). insurance As a part of PITI, the amount of the monthly mortgage payment that does not include the principal, interest, and taxes. Also see: homeowners insurance . interest The amount of the entire mortgage loan which does not include the principal. Also, as a part of PITI, the amount of the monthly mortgage payment which does not include the principal, taxes, and insurance. interest cap See: cap interest rate The simple interest rate, stated as a percentage, charged by a lender on the principal amount of borrowed money. See also: Annual Percentage Rate . Go to Top - J - joint tenancy See: tenancy . jumbo loan A nonconforming loan that is larger than the limits set by the Federal National Mortgage Association (FNMA) or Federal Home Loan Mortgage Corporation (FHLMC) guidelines. Go to Top - K - key lot Real estate deemed highly valuable because of its location. Go to Top - L - lien A claim against a property for the payment of a debt. A mortgage is a lien; other types of liens a property might have include a tax lien for overdue taxes or a mechanic's lien for unpaid debt to a subcontractor. life-of-loan cap See: cap . liquidity The ease with which an asset can be converted into cash. loan discount See: points . loan origination fee See: origination fee . loan-to-value ratio (LTV) The relationship, expressed as a percentage, between the amount of the proposed loan and a property's appraised value. For example, a $75,000 loan on a property appraised at $100,000 is a 75% loan-to-value ratio. lock-in The guaranty of a specific interest rate and/or points for a specific period of time. Some lenders will charge a fee for locking in an interest rate. Go to Top - M - maintenance costs The cost of the upkeep of the house. These costs may be minor in cost and nature (replacing washers in the faucets) or major in cost and nature (new heating system or a new roof) and can apply to either the interior or exterior of the house. margin The amount a lender adds to the index of an adjustable rate mortgage to establish an adjusted interest rate. For example, a margin of 1.50 added to a 7 percent index establishes an adjusted interest rate of 8.50 percent. market value The price a property can realistically sell for, based upon comparable selling prices of other properties in the same geographical area. modification A change in the terms of the mortgage note, such as a reduction in the interest rate or a change in maturity date. mortgage A legal instrument in which property serves as security for the repayment of a loan. In some states, a deed of trust is used rather than a mortgage. mortgage banker A lender that originates, closes, services and sells mortgage loans to the secondary market . mortgage broker An intermediary between a borrower and a lender. A mortgage broker's expertise lies in helping borrowers find financing that they might not otherwise find themselves. mortgage insurance Money paid to insure the lender against loss due to foreclosure or loan default. Mortgage insurance is required on conventional loans with less than a 20 percent down payment. FHA mortgage insurance requires a payment of 1.5 percent of the loan amount to be paid at closing, as well as an annual fee of 0.5 percent of the loan amount added to each monthly payment. mortgage interest The interest rate charge for borrowing the money for the mortgage. It is used to calculate the interest payment on the mortgage each month. mortgage term The length of time that a mortgage is scheduled to exist. Example: a 30-year mortgage term is for 30 years. mortgagee The lender. mortgagor The borrower. Go to Top - N - negative amortization A situation in which a borrower is paying less interest than what is actually being charged for a mortgage loan. The unpaid interest is added to the loan's principal. The borrower may end up owing more than the original amount of the mortgage. non-assumption clause In a mortgage contract, a statement that prohibits a new buyer from assuming a mortgage loan without the approval of the lender. non-conforming loan A loan that does not conform to Federal National Mortgage Association (FNMA) or Federal Home Loan Mortgage Corporation (FHLMC) guidelines. Jumbo loans are nonconforming. See also: conforming loan . note A signed document that acknowledges a debt and shows the borrower is obligated to pay it. Go to Top - O - open-end mortgage A mortgage allowing the borrower to receive advances of principal from the lender during the life of the loan. See also: closed-end mortgage . origination fee The amount charged by a lender to originate and close a mortgage loan. Origination fees are usually expressed in points . Go to Top - P - payment cap See: cap . P&I Abbreviation for principal and interest. PITI Abbreviation for p rincipal, i nterest, t axes and i nsurance. PITIO Abbreviation for p rincipal, i nterest, t axes, i nsurance and o ther monthly non-housing costs. points Charges levied by the lender based on the loan amount. Each point equals one percent of the loan amount; for example, two points on a $100,000 mortgage equals $2,000. Discount points are used to buy down the interest rate. Points can also include a loan origination fee, which is usually one point. pre-qualification Tentative establishment of a borrower's qualification for a mortgage loan amount of a specific range, based on the borrower's assets, debts, income, employment status and credit history. prime rate The interest rate commercial banks charge their most creditworthy customers. principal The amount of the entire mortgage loan, not counting interest. Also, as a part of PITI, the amount of the monthly mortgage payment which does not include the interest, insurance, and taxes. private mortgage insurance (PMI) See: mortgage insurance . property appraisal See: appraisal . property tax The amount which the state and/or locality assesses as a tax on a piece of property. prorate To proportionally divide amounts owed by the buyer and the seller at closing. Go to Top - Q - qualification As determined by a lender, the ability of the borrower to repay a mortgage loan based on the borrower's credit history, employment status, assets, debts and income. Go to Top - R - rate cap See: cap . RESPA Abbreviation for the Real Estate Settlement Procedures Act. This act allows consumers to review settlement costs at application and once again prior to closing. reverse annuity mortgage A type of mortgage loan in which the lender makes periodic payments to the borrower. The borrower's equity in the home is used as security for the loan. RHCDS Rural Housing and Community Service right of first refusal The right to purchase a property under conditions and terms made by another buyer and accepted by the seller. right of rescission The right to back out of a transaction, given automatically by law to the borrower in a real estate purchase transaction. When a borrower's principal dwelling is going to secure a loan, the borrower has three business days following signing of the loan documents to rescind or cancel the transaction. Any and all money paid by the borrower must be refunded upon rescission. The right to rescind does not apply to loans to purchase real estate or to refinance a loan under the same terms and conditions where no additional funds will be added to the existing loan. rollover The process by which a construction loan becomes a mortgage. At the end of the construction loan period, the borrower's file is delivered to Bank One Mortgage Loan Servicing Dept. Prior to delivery, CLD contacts the borrower and obtains funds for the tax and insurance escrows, a final title policy and homeowner's policy. This process is called a rollover. Rural Housing and Community Development Service A federal agency that administers mortgage loans for buyers in rural areas. Go to Top - S - second mortgage A loan that is junior to a primary or first mortgage and often has a higher interest rate and a shorter term. secondary market A market comprising investors like GNMA, FHLMC and FNMA, who buy large numbers of mortgages from the primary lenders and resell them to other investors. servicing The responsibility of collecting monthly mortgage payments and properly crediting them to the principal, taxes and insurance, as well as keeping the borrower informed of any changes in the status of the loan. settlement costs See: closing costs . survey A physical measurement of property done by a registered professional showing the dimensions and location of any buildings as well as easements, rights of way, roads, etc. Go to Top - T - tax deed A written document conveying title to property repossessed by the government due to default on tax payments. tax savings The deduction a taxpayer can take on their tax form for interest paid on a home mortgage. The amount of money that the homeowner is not required to pay the government in taxes because he or she owns a home. taxes As a part of PITI, the amount of the monthly mortgage payment which does not include the principal, interest, and insurance. tenancy joint tenancy - equal ownership of property by two or more parties, each with the right of survivorship. tenancy by the entireties - ownership of property only between husband and wife in which neither can sell without the consent of the other and the property is owned by the survivor in the event of death of either party. tenancy in common - equal ownership of property by two or more parties without the right of survivorship. tenancy in severalty - ownership of property by one legal entity or a sole party. tenancy at will - a license to use or occupy a property at the will of the owner. title A formal document establishing ownership of property. title insurance A policy issued by a title insurance company insuring the purchaser against any losses resulting from errors in the title search. The cost of title insurance may be paid for by the buyer, the seller or both. trust deed See: deed of trust . Truth In Lending Act The Truth In Lending Act requires lenders to disclose the Annual Percentage Rate and other associated costs to homebuyers within three working days of the loan application. Go to Top - U - underwriter A professional who approves or denies a loan to a potential homebuyer based on the homebuyer's credit history, employment status, assets, debts and other factors such as loan guidelines. Uniform Settlement Statement A standard document prescribed by the Real Estate Settlement Procedures Act containing information for closing which must be supplied to both buyer and seller. utility costs Periodic housing costs for water, electricity, natural gas, heating oil, etc. Go to Top - V - VA loan See: Veterans Administration . variable rate mortgage (VRM) See: adjustable rate mortgage . Veterans Administration (VA) The federal agency responsible for the VA loan guaranty program as well as other services for eligible veterans. In general, qualified veterans can apply for home loans with no down payment and a funding fee of 1 percent of the loan amount. Go to Top - W - walk-through An inspection of a property by the prospective buyer prior to closing on a mortgage. warranty deed A document protecting a homebuyer against any and all claims to the property. Go to Top - X - No entries for "X". Go to Top - Y - yield The rate of earnings from an investment. Go to Top - Z - zoning The ability of local governments to specify the use of private property in order to control development within designated areas of land. For example, some areas of a neighborhood may be designated only for residential use and others for commercial use such as stores, gas stations, etc. Go to Top -- PRIVACY POLICY HOME | ABOUT GINNIE MAE | FOR ISSUERS | FOR INVESTORS HOMEOWNERSHIP GUIDE AND CALCULATORS | HOMEZONE (KIDS' SITE)



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