Glossary Terms
- 1003 Loan Application
- formal application you will need to sign before a lender will
generally process your loan. The Broker/Originator will generally complete the application and send it to you for signature. STOP!!! There are some declarations on the last page of the application you should complete personally, or answer for the Broker/Originator. It’s your responsibility to be certain that all information is true and accurate.
- Good Faith Estimate
- Generally
a one page document that must be provided by the mortgage
lender/broker/originator to the consumer. This is a requirement by
the Real Estate Settlement Procedures Act (RESPA). The GFE must include
an itemized list of fees and costs associated with your loan and
must be provided within three business days of applying for a loan.
These mortgage fees, also called settlement costs or closing costs, cover most
every expense associated with a mortgage loan and will give an estimated monthly payment as well.
You should use the GFE
to compare different loan offers and products from different
lenders or brokers. (Ex. 30 year fixed rate vs. a 15
year fixed rate or loans of the same terms with and without down
payment amounts, interest rates and/or fees)
The GFE is only an estimate
and is rarely 100% accurate to what the final closing
numbers are on the HUD-1 Settlement Statement.
- Primary Residence
- the home that you reside in more than any other owned residence.
- Second Home
- any home other than your primary residence,
but not considered vacation, rental, or investment property.
- Investment Property
- real property held as rental or income
producing. This is not owner occupied, unless it is multi-family such
as a duplex or 4-plex and the owner occupies one unit and renting others.
- First Mortgage Loan
- loan that
is in first lien position and takes priority over all other
liens. This means that in case of a foreclosure, the first
mortgage loan will be repaid before any other mortgages on
the property is repaid to the lender. The first mortgage
loan is generally used where a borrower is needing a second
loan to pay the full purchase amount.
- Second Mortgage Loan
- lien in
which you are given a lump sum amount that you pay off in
installments over a specified period of time. In the case
of a foreclosure, the lender who holds the second mortgage
gets paid only after the lender holding the first mortgage
is paid. In the event of foreclosure, where the home fails
to sell for an amount sufficient enough to cover the first
mortgage, the borrower will still be responsible for paying
the second mortgage.
- Conventional Loan
- any type of
mortgage that is not secured by a government entity such
as the Federal Housing Administration (FHA) or the Veterans
Administration (VA).
- Non-Conforming or Sub-Prime Loan
- loans made to borrowers with less than good credit (general credit scores
under 660) and carry high fees and aggressive terms such as higher interest
rates and multiple discount points.
- FHA Insured Loan
- fixed- or adjustable-rate
loans insured by the U.S. Department of Housing and Urban
Development. FHA loans are designed to make housing more affordable,
particularly for first-time homebuyers. FHA loans typically permit borrowers
to buy a home with a lower down payment than conventional loans.
- Hard Money Loan
- these are real
estate loans made by aggressive lenders to borrowers that
may not be able to qualify for conventional conforming or even non-conforming
loans. These loans come with extremely high discount points, fees, and
interest rates. These are generally short term loans not exceeding 36
months but with some pre-payment penalties if paid back early.
- Points
- an up-front fee paid to the lender at the time that
you get your loan. Each point equals one percent of your total loan amount.
So, for example, 2 points on a $ 200,000 loan is $ 4,000, or 2% of the
loan amount. Mortgage points and interest rates are inherently connected:
in general, the more mortgage points you pay, the lower the interest
rate you get. However, the more mortgage points you pay, the more cash
you need up front since points are paid in cash at closing.
- Interest Rate
- cost the lender
charges you, the borrower, for borrowing money. The amount
of interest you owe the lender depends on the interest rate,
the term of the loan, and the loan amount. The lower the
interest rate, and the shorter the term, the less interest
you pay over time.
- Interest Only Loan
- is one that
gives you the option of paying just the interest with an
option to also pay as much principal as you chose during
an initial periond of time.
- Truth-in-Lending
- is a law requiring written disclosure of the terms of a mortgage (including the APR and other charges) by a lender to a borrower after application. The Truth-in-Lending Act is designed to protect consumers and to ensure clear disclosure of key terms of the loan as well as any costs or fees involved. The Truth-in-Lending Act also requires the right of rescission period.
- Hazard Insurance
- an insurance policy purchased by the borrower prior to closing the mortgage loan. The lender will be named as loss payee on the policy in case the home has an insured loss or is totally destroyed. In the event of a claim because of damage to the home, the insurance company will issue a check in the names of both the homeowner and the lender. In most cases, that check will have to be signed by the homeowner, sent to the lender, and the lender will make payment to the contractors after the repairs are completed.
- Flood Insurance
- insurance policy
purchased separately from hazard insurance that only provides protection
in the event the home is damaged by flooding. This policy is backed by
the federal government-not private insurers. Depending on whether or
not the home is located in a flood plain, you may or may not be required
by the lender to provide this coverage.
- Earthquake Insurance
- a special insurance rider to the basic homeowners’ policy that covers damage to the premises caused specifically by an earthquake.
- Escrow
- special accounts that a lender uses to hold a borrower’s monthly payments towards property taxes, hazard insurance, and mortgage insurance. The lender will pay such expenses when they become due.
- Loan Origination Fee
- fee charged by lenders to cover administrative cots of processing a loan. This fee is generally 1% of the total loan amount.
- Loan Discount Points
- one or more percentage points of the
loan amount paid by the borrower from the loan funds to the lender at
closing. (Example: if the loan is $100,000 and the borrower is required
to pay one discount point it would be $100,000 x .01=$1,000 in discount
points)
- Appraisal
- written analysis of the estimated value of
your property based on comparative sales of like type homes, construction
replacement costs, or if an investment property, the income
approach.
- Credit Report
- detailed summary of your borrowing history. Your credit report shows previous and current credit accounts along with your payment history for up to ten years. It is imperative that you pull all three of your credit reports from www.annualcreditreport.com. You also need to purchase your credit scores so you know what your credit looks like before applying for a mortgage.
- Mortgage Broker Fee
- monies paid to the broker or loan originator by the lender or from the borrower’s funds.
- Processing Fee
- fee charged to you to have your loan file packaged before it goes to the lender for review.
- Underwriting Fee
- covers the cost of evaluating your total loan application package, including your credit report, employment history, financial documents and appraisal, to determine if the loan can be approved.
- Wire Transfer Fee
- on occasion, money is transmitted via the inter-bank wire transfer system.
- Attorney Closing Fee
- fees charged by the closing attorney for services that must be performed to process and close your loan.
- Title Insurance
- protects lenders against any title dispute that may arise over a particular property. Home title insurance is a required fee paid at closing. It is recommended that you purchase owner’s title insurance which protects you as the homeowner.
- Title Fees
- fees charged by the closing attorney or title agent to make certain the title to the property is clear of liens and can be conveyed without any issues.
- Recording Fees
- money that is paid to a local government for entering the sale of a property into the public records.
- City/County Tax Stamps
- Property taxes (also known as real estate taxes) are assessed on the property by the local government (e.g. city, county, village, or township) for the various services provided to the property owner. When you pay property tax each year, you're paying for necessities that are provided by the city, such as police and fire department services, garbage pick up and snow removal. These stamps require an additional tax or stamp charge identical to the city/county tax stamp.
Typically, you will pay property taxes into an escrow account and your lender will forward the payment to your local government when it becomes due. Property taxes and the interest you pay on your mortgage are usually tax-deductible.
- State Tax/Stamps
- some states require an additional tax or stamp charge identical to the city/county tax/stamp. These stamp or tax charges are generally 1% of the selling price.
- Pest Inspection Fee
- this is the cost of having the property inspected for wood destroying insects and organisms like termite, ants, fungi, and mold.
- Mortgage Insurance Premium (MIP/PMI)
- insurance that protects the lender in case you default on your loan. A conventional loan for 80% or less of the total home value does not require mortgage insurance. For FHA and VA loans, mortgage insurance premium is required and will be added to your monthly payment.
Private mortgage insurance is generally included in your monthly mortgage
payment and may be tax-deductible (please check with your tax advisor).
- Homeowner Association Dues
- the
monthly or annual fees paid to the association of homeowners to cover the maintenance, insurance,
and capital improvements. You are generally required to pay one year’s
fees and an initiation fee up front when you close your new home loan.
These fees range in amounts and frequency when due.
- Settlement Charges
- Also known as closing costs, these costs
are for services that must be performed to process and close your loan
application. Examples include title fees, recording fees, appraisal fee,
credit report fee, pest inspection, attorney's fees, taxes, and surveying
fees.
- Yield Spread
- this is the percentage of the total loan or dollar amount
of money the broker is getting from the lender for getting you in the
loan for a higher interest rate than the lender is actually charging.
For example: based on your credit score and other financial conditions,
the lender tells the broker they will offer you a loan at a 6% interest
rate. The broker tells you that the best rate they can get you is 7%.
The broker should then issue you a GFE showing the 1% ysp (yield spread)
on that hard to find line under Total Settlement Charges. The broker
will sometimes not put a dollar amount so you don’t ask what that dollar
amount is all about.
For inexperienced borrowers, the Yield Spread can be as many
as 3 points. Keep in mind the broker generally gets paid
an Origination Fee of 1% of the total loan amount as a standard rule
(Line number 801 on the GFE).
Here is an example of what that would
mean in terms of real money:
You apply for a $100,000 loan
and the lender agrees to loan you the entire amount at 6% interest.
The broker gets you to pay 9% because you don’t know your credit
score and true buying power.
Broker Loan Origination Fee is: $100,000 x .01 = $1,000
Brokers Yield Spread or extra money from the lender is: $100,000
x .03 = $3,000
The total amount paid to the broker at closing
is: $1,000 (Orig. Fee) + $3,000 (ysp) = $4,000
The fact that
you agree to buy the loan at a higher rate could be a problem.
That’s why we recommend you always ask your broker to if
there are any other incentives to them or from the lender that could
be applied to the deal to make it better for you.
- Affiliated Business
Arrangement Disclosure Statement
- this is another disclosure
which conveys to you in writing which companies associated
with the processing or approval of your loan are also affiliate companies
(partially owned by) the lender
- Interest Rate Acknowledgment
- this document requires you to sign that you are aware and agree to the interest rate you are accepting
- Interest Rate and Discount
Fee "Float Agreement"
- this document is also known
as a Rate Lock Agreement. It states the interest rate you
have locked in for your loan as of a certain day. Keep in mind
interest rates can actually change multiple times in one
day. The actual time and date you lock a loan will be recorded by the
broker/loan originator
- Appraisal Disclosure
- this statement
makes clear who did your appraisal and notifies you of your right to
a copy of the document. Get it and keep it with your paperwork.
You paid for it in most cases.
- RESPA (Real Estate Settlement Procedures
Act) Servicing Disclosure
- this is a governmental requirement.
This explains all the rights you have in understanding the
full servicing of your loan and how often this particular lender sells
their loans to other servicers.
- Truth-in-Lending Disclosure Statement
- this explains in great detail the cost of the money you are borrowing and the terms and meanings of the words used in the disclosure.
- Disclosure
Notices
- the various disclosures required by law from the
lender to the borrower. These may include but are not limited
to the Affidavit of Occupancy, Fair Credit Reporting Act, Equal Credit
Opportunity Act, FHA and Governmental Loans disclosures, Employment Certification,
Anti-Coercion Statement, etc.
- Provider of Service Addendum
- This is a simple disclosure from the lender of affiliated loan service companies they employ in servicing their loans.
- Privacy Statement
- by
law every company has to provide borrowers with a statement
on how they will use or share your personal information.
Generally, it will be shared with affiliates of the lender on a regular
basis.
- Patriot Act Data Collection
-
this may be a one or two page document that lists your personal identifying
and account information with the lender. That information is required
as part of the anti-terrorism legislation and must be submitted to the
government.
- Notice of Credit Reporting Sources
-
This disclosure is a requirement of law the lender must provide the borrower
identifying the credit retrieval systems they relied on in making their
decisions to loan you money, those companies contact information and
the credit scores those agencies gave the lender for your file. Keep
in mind, that the cost of money increases the lower your credit score.
- HUD-1 Settlement Statement
- this
is the 2-sheet, legal page document that spells out all the
sources and uses of the funds at closing. Of all the documents you will
see during the mortgage process, none is more important than this one.
Very few folks understand and can actually read a HUD-1 including real
estate agents so don’t feel bad if this looks like Greek to you. Now
is the perfect time to slow down, take a deep breathe, and listen to
the closing attorney as he/she walks you through the statement line-by-line.
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