cap
A provision of an adjustable-rate mortgage (ARM) that limits how much the interest rate or
mortgage payments may increase or decrease. capital
(1) Money used to create income, either as an investment in a business or an income
property. (2) The money or property comprising the wealth owned or used by a person or
business enterprise. (3) The accumulated wealth of a person or business. (4) The net worth
of a business represented by the amount by which its assets exceed liabilities.
capital expenditure
The cost of an improvement made to extend the useful life of a property or to add to its
value.
capital improvement
Any structure or component erected as a permanent improvement to real property that adds
to its value and useful life.
cash-out refinance
A refinance transaction in which the amount of money received from the new loan exceeds
the total of the money needed to repay the existing first mortgage, closing costs, points,
and the amount required to satisfy any outstanding subordinate mortgage liens. In other
words, a refinance transaction in which the borrower receives additional cash that can be
used for any purpose.
certificate of
deposit
A document written by a bank or other financial institution that is evidence of a deposit,
with the issuers promise to return the deposit plus earnings at a specified interest
rate within a specified time period.
certificate of
deposit index
An index that is used to determine interest rate changes for certain ARM plans. It
represents the weekly average of secondary market interest rates on six-month negotiable
certificates of deposit. See adjustable-rate
mortgage (ARM).
Certificate of
Eligibility
A document issued by the federal government certifying a veterans eligibility for a
Department of Veterans Affairs (VA) mortgage.
Certificate
of Reasonable Value (CRV)
A document issued by the Department of Veterans Affairs (VA) that establishes the maximum
value and loan amount for a VA mortgage.
certificate of title
A statement provided by an abstract company, title company, or attorney stating that the
title to real estate is legally held by the current owner.
chain of title
The history of all of the documents that transfer title to a parcel of real property,
starting with the earliest existing document and ending with the most recent.
change frequency
The frequency (in months) of payment and/or interest rate changes in an adjustable-rate
mortgage (ARM).
chattel
Another name for personal property.
clear title
A title that is free of liens or legal questions as to ownership of the property.
closing
A meeting at which a sale of a property is finalized by the buyer signing the mortgage
documents and paying closing costs. Also called "settlement."
closing cost item
A fee or amount that a home buyer must pay at closing for a single service, tax, or
product. Closing costs are made up of individual closing cost items such as origination
fees and attorney's fees. Many closing cost items are included as numbered items on the
HUD-1 statement.
closing costs
Expenses (over and above the price of the property) incurred by buyers and sellers in
transferring ownership of a property. Closing costs normally include an origination fee,
an attorney's fee, taxes, an amount placed in escrow, and charges for obtaining title
insurance and a survey. Closing costs percentage will vary according to the area of the
country; lenders or realtors® often provide estimates of closing costs to
prospective homebuyers.
closing statement
See HUD-1 statement.
cloud on title
Any conditions revealed by a title search that adversely affect the title to real estate.
Usually clouds on title cannot be removed except by a quitclaim deed, release, or court
action.
coinsurance
A sharing of insurance risk between the insurer and the insured. Coinsurance depends on
the relationship between the amount of the policy and a specified percentage of the actual
value of the property insured at the time of the loss.
coinsurance clause
A provision in a hazard insurance policy that states the amount of coverage that must be
maintained -- as a percentage of the total value of the property -- for the insured to
collect the full amount of a loss.
collateral
An asset (such as a car or a home) that guarantees the repayment of a loan. The borrower
risks losing the asset if the loan is not repaid according to the terms of the loan
contract.
collection
The efforts used to bring a delinquent mortgage current and to file the necessary notices
to proceed with foreclosure when necessary.
co-maker
A person who signs a promissory note along with the borrower. A co-maker's signature
guarantees that the loan will be repaid, because the borrower and the co-maker are equally
responsible for the repayment. See endorser.
commission
The fee charged by a broker or agent for negotiating a real estate or loan transaction. A
commission is generally a percentage of the price of the property or loan.
commitment letter
A formal offer by a lender stating the terms under which it agrees to lend money to a home
buyer. Also known as a "loan commitment."
common area
assessments
Levies against individual unit owners in a condominium or planned unit development (PUD)
project for additional capital to defray homeowners' association costs and expenses and to
repair, replace, maintain, improve, or operate the common areas of the project.
common areas
Those portions of a building, land, and amenities owned (or managed) by a planned unit
development (PUD) or condominium project's homeowners' association (or a cooperative
project's cooperative corporation) that are used by all of the unit owners, who share in
the common expenses of their operation and maintenance. Common areas include swimming
pools, tennis courts, and other recreational facilities, as well as common corridors of
buildings, parking areas, means of ingress and egress, etc.
common law
An unwritten body of law based on general custom in England and used to an extent in the
United States.
Community
Home Improvement Mortgage Loan®
An alternative financing option that allows low- and moderate-income home buyers to obtain
95 percent financing for the purchase and improvement of a home in need of modest repairs.
The repair work can account for as much as 30 percent of the appraised value.
Community
Land Trust Mortgage Loan
An alternative financing option that enables low- and moderate-income home buyers to
purchase housing that has been improved by a nonprofit Community Land Trust and to lease
the land on which the property stands.
community property
In some western and southwestern states, a form of ownership under which property acquired
during a marriage is presumed to be owned jointly unless acquired as separate property of
either spouse.
Community Seconds®
An alternative financing option for low- and moderate-income households under which an
investor purchases a first mortgage that has a subsidized second mortgage behind it. The
second mortgage may be issued by a state, county, or local housing agency, foundation, or
nonprofit organization. Payment on the second mortgage is often deferred and carries a
very low interest rate (or no interest rate at all). Part of the debt may be forgiven
incrementally for each year the buyer remains in the home.
comparables
An abbreviation for "comparable properties"; used for comparative purposes in
the appraisal process. Comparables are properties like the property under consideration;
they have reasonably the same size, location , and amenities and have recently been sold.
Comparables help the appraiser determine the approximate fair market value of the subject
property.
compound interest
Interest paid on the original principal balance and on the accrued and unpaid interest.
condemnation
The determination that a building is not fit for use or is dangerous and must be
destroyed; the taking of private property for a public purpose through an exercise of the
right of eminent domain.
condominium
A real estate project in which each unit owner has title to a unit in a building, an
undivided interest in the common areas of the project, and sometimes the exclusive use of
certain limited common areas.
condominium
conversion
Changing the ownership of an existing building (usually a rental project) to the
condominium form of ownership.
condominium hotel
A condominium project that has rental or registration desks, short-term occupancy, food
and telephone services, and daily cleaning services and that is operated as a commercial
hotel even though the units are individually owned.
construction loan
A short-term, interim loan for financing the cost of construction. The lender makes
payments to the builder at periodic intervals as the work progresses.
consumer
reporting agency (or bureau)
An organization that prepares reports that are used by lenders to determine a potential
borrower's credit history. The agency obtains data for these reports from a credit
repository as well as from other sources.
contingency
A condition that must be met before a contract is legally binding. For example, home
purchasers often include a contingency that specifies that the contract is not binding
until the purchaser obtains a satisfactory home inspection report from a qualified home
inspector.
contract
An oral or written agreement to do or not to do a certain thing.
conventional
mortgage
A mortgage that is not insured or guaranteed by the federal government. Contrast with government mortgage.
convertibility
clause
A provision in some adjustable-rate mortgages (ARMs) that allows the borrower to change
the ARM to a fixed-rate mortgage at specified timeframes after loan origination.
convertible ARM
An adjustable-rate mortgage (ARM) that can be converted to a fixed-rate mortgage under
specified conditions.
cooperative (co-op)
A type of multiple ownership in which the residents of a multiunit housing complex own
shares in the cooperative corporation that owns the property, giving each resident the
right to occupy a specific apartment or unit.
cooperative
corporation
A business trust entity that holds title to a cooperative project and grants occupancy
rights to particular apartments or units to shareholders through proprietary leases or
similar arrangements.
cooperative
mortgages
Mortgages related to a cooperative project. This usually refers to the multifamily
mortgage covering the entire project but occasionally describes the share loans on the
individual units.
cooperative project
A residential or mixed-use building wherein a corporation or trust holds title to the
property and sells shares of stock representing the value of a single apartment unit to
individuals who, in turn, receive a proprietary lease as evidence of title.
corporate relocation
Arrangements under which an employer moves an employee to another area as part of the
employer's normal course of business or under which it transfers a substantial part or all
of its operations and employees to another area because it is relocating its headquarters
or expanding its office capacity.
cost of funds index
(COFI)
An index that is used to determine interest rate changes for certain adjustable-rate
mortgage (ARM) plans. It represents the weighted-average cost of savings, borrowings, and
advances of the 11th District members of the Federal Home Loan Bank of San Francisco. See adjustable-rate
mortgage (ARM).
covenant
A clause in a mortgage that obligates or restricts the borrower and that, if violated, can
result in foreclosure.
credit
An agreement in which a borrower receives something of value in exchange for a promise to
repay the lender at a later date.
credit history
A record of an individual's open and fully repaid debts. A credit history helps a lender
to determine whether a potential borrower has a history of repaying debts in a timely
manner.
credit life insurance
A type of insurance often bought by mortgagors because it will pay off the mortgage debt
if the mortgagor dies while the policy is in force.
creditor
A person to whom money is owed.
credit report
A report of an individual's credit history prepared by a credit bureau and used by a
lender in determining a loan applicant's creditworthiness. See merged credit report.
credit repository
An organization that gathers, records, updates, and stores financial and public records
information about the payment records of individuals who are being considered for credit. |