Earnest Money - a deposit made by a purchaser of real estate to show good faith.
Easement - the right, privilege, or interest that one party has in the land of another.
Easement by Necessity - the right of an owner to cross over another's property for a special necessary purpose.
Easement by Prescription - continued use of another's property for a special purpose can convert to permanent use if certain conditions are met.
Egress - a means of access or exit.
Eminent Domain - the right of the government or a public utility to acquire property for necessary public use by condemnation, but the owner must be fairly compensated.
Encroachment - a building, part of a building, or obstruction that physically intrudes upon, overlaps, or trespasses upon the property of another.
Encumbrance - any right to or interest in land that affects its value, including mortgage loans, unpaid taxes, easements, junior liens, or deed restrictions.
Equitable Conversion - a legal doctrine in some states in which, under a contract of sale, buyers and sellers are treated as though the closing has taken place in that the seller in possession has an obligation to take care of the property.
Equitable Interest - An ownership interest in a property that is demonstrated by actions such as the payment of the current mortgage, property taxes or property insurance rather than by legal ownership.
Equitable Title - the interest held by one who has agreed to purchase, but has not yet closed the transaction.
Equity - The value of the unencumbered interest in real estate as determined by subtracting the total of the unpaid mortgage balances plus the sum of any current liens against the property from the property's fair market value.
Escheat - the reversion of property to the state in the event that the owner dies without leaving a will and has no legal heirs.
Escrow - an agreement between two or more parties providing that certain instruments or property be placed with a third party for safekeeping, pending the fulfillment or performance of a specified act or condition. (Title Company)
Escrow Account - An account from which funds can be disbursed only for specified reasons; i.e. the money is held in trust for a specific use. In lending, these accounts are most often used to hold and disburse real estate taxes and hazard insurance premiums which have been paid in advance (usually on a monthly basis) by the borrower.
Estate - the degree, nature, and extent of interest that a person has in real property.
Estate for Life - see Life Estate.
Estate at Sufferance - the wrongful occupancy of property by a tenant after the lease has expired.
Estate Tax - a tax on the value of property left by the deceased, subject to certain tax rules.
Estoppel - a doctrine of law that stops one from later denying facts which that person once acknowledged were true and others accepted on good faith.
Eviction - legal proceeding by a lessor (landlord) to recover possession of property.
Exchange - under Section 1031 of the IRS Tax Code, like-kind property used in a trade or business or held as an investment can be exchanged tax-free, subject to certain conditions.
Exculpatory Clause - provision in a mortgage allowing the borrower to surrender the property to the lender without personal liability.
Facade - the outside front wall of a building.
Face Value - the dollar amount, shown by words and/or numbers on a document.
Fair Credit Reporting Act - a federal law that allows individuals to examine and correct information used by credit reporting services.
Fannie Mae (FNMA) - Federal National Mortgage Association, a federally chartered corporation that purchases mortgages and packages them to sell as securities.
Federal Fair Housing Law - a federal law that forbids discrimination on the bais of race, color, sex, religion, or national origin in the selling or renting of property.
Federal Housing Administration (FHA) - an agency within HUD that administers many loan programs designed to make housing more available.
Fee Simple - absolute ownership of real property.
Fee Agreement - An agreement between a borrower and a broker which normally specifies the relationship between them and the amount of compensation to the broker.
Fiduciary Responsibility - An obligation to act in the best interest of another party. This type of obligation typically exists when one person places special trust and confidence in another person and that responsibility is accepted.
First Mortgage - That mortgage which is recorded at the earliest time. The time of recording is the sole criteria. Size of loan and type of mortgage are immaterial. When the first mortgage is paid off and released, the second mortgage (if any existed) becomes the first mortgage.
Fixed Payment Mortage - a loan secured by real property which features a periodic payment of interest and principal which is constant over the term of the loan.
Fixed Rate Mortgage - A mortgage with an interest rate that remains the same through the life of the loan.
Foreclosure - The process by which the mortgagor's (borrower's) rights to a property are terminated. While the general process is similar from state to state, the actual procedures tend to vary greatly.
Freddie Mac (FHMLC) - Federal Home Loan Mortgage Corporation, a federally chartered corporation that purchases mortgages and packages them to sell as securities.
FRBO - for rent by owner.
FSBO - for sale by owner.
Gable Roof - one with a triangle, with the ridge forming an angle at the top and each eave forming an angle at the bottom.
Gain - an increase in money or property value.
Garden Apartments - a housing complex whereby some or all tenants have access to a lawn area.
General Contractor - one who constructs a building or other improvement for the owner or developer.
General Lien - a lien that includes all of the property owned by the debtor, rather than a specific property.
General Warranty Deed - a deed in which the grantor agrees to protect the grantee against any other claim to title of the property.
Gentrification - the displacement of lower income residents by higher income residents in a neighborhood.
Grantee - the party to whom title to real property is conveyed.
Grantor - the party who gives the deed.
Gross Monthly Income - Income before deductions for taxes, social security, saving plans, court ordered child support, etc.
Gross Rent Multiplier - the sales price divided by the gross annual rental rate.
Ground Lease - one that rents the land only.
Hard Money Loan - HML - A loan that is underwritten with the condition and value of the property as the primary criteria for approval.
- Secondary issues may include the credit of the borrower, the ability of the borrower to repay the loan and/or the ability of the borrower to manage the property or successfully complete a rehab and sell the property.
-
Owner occupancy, debt ratios and other issues are seldom a factor.
-
Appraisals rather than purchase prices are used to determine value. Cash out purchases are often allowed and are another key benefit.
-
These loans are usually approved within days and are often funded in two weeks or under with times as short as two or three days not uncommon.
-
The cost for the benefits of speed of funding, lax underwriting and other advantages is typically a moderately high interest rate (usually low to mid teens) and high points (usually 5 to 10). (See definition of "underwriting" below.)
Hazard Insurance - Insurance to provide compensation if the improvements are damaged or destroyed. It is almost always a requirement of loans.
Highest and Best Use - the use that is most likely to produce the greatest net return to the land and/or building over a given period.
Holdover Tenant - a tenant who remains in possession of leased property after the expiration of the lease term.
Home Equity Loan - HELOC - In the most literal sense, this expression applies to virtually all loans (first mortgages and second mortgages, fixed and adjustable interest rates, credit lines and fully amortizing loans, etc.) placed on an owner occupied property when the loan-to-value after the Home Equity Loan closes is no higher than 100%. That is, it is a loan secured by the available equity of an owner occupied residential property.
Homeowner Association (HOA) - an organization of the homeowners in a particular subdivision, planned unit development, or condominium created to enforce deed restrictions and manage common elements of the development.
Homestead - status provided to a homeowner's principal residence by some state statutes to protect the home against judgments up to specified amounts.
Homestead Exemption - in some jurisdictions a reduction in the assessed value allowed for one's personal residence.
Housing and Urban Development (HUD) - a federal government agency established to implement certain federal housing and community development programs.
Housing Code - local government ordinance that sets minimum standards of safety and sanitation for existing residential buildings.
Hypothecate - to pledge something as security without having to give up possession of it.
Impound Account - see Escrow Account.
Indemnify - to protect another person against loss or damage.
Improvements - additions to raw land such as buildings, streets, sewers, etc. that increase the value of the property.
Initial Note Rate - The rate of interest that takes effect at the closing of a loan and which determines the monthly payment(s) for the early portion of the loan. The period of time during which this rate applies is often short and the rate may be lower than later rate.
Index - The published cost of money that serves as the minimum basis for determining the interest rate for an adjustable rate mortgage. Among the commonly used indices are the Prime Rate (Prime), the London Interbank Offering Rate (LIBOR), the Cost of Funds (COF) and the 1 year Treasury Bill (1 year T).
- The particular index is generally, though not always, selected based on how often an interest rate is supposed to adjust. Loans which allow monthly interest rate adjustments commonly use the Prime Rate. Loans that adjust semi-annually may use LIBOR. The 1 year Treasury and the Cost of Funds are often used for loans which adjust on an annual basis. There are other Treasury instruments which are used for 3 and 5 year adjustment periods.
- The interest rate of the loan is determined by adding a margin to the index. The size of the margin is typically a function of the index used and the credit worthiness of the borrower. Typical margins on a Prime Rate based loan would be 0.0 to 5.0 so that if the Prime Rate were 8.25% and the margin were 2.0 (typical for an "average" borrower), the interest rate would be 10.25% (8.25 + 2.0).
Installment Contract - see Contract for Deed
Installment Sale - when a seller accepts a mortgage for all or part of the sale, tax on the gain is paid as the mortgage principal is collected.See Land Contract.
Interest Rate - The percentage of the loan amount charged for borrowing money; i.e., the cost of the money expressed as a percentage.
Interim Financing - a loan, including a construction loan, used when the property owner is unable or unwilliing to arrange permanent financing.
Inter Vivos - during one's life. See Living Trust or Land Trust
Intestate - having made no valid will.
Joint and Several Liability - a creditor can demand full repayment from any and all of those who have borrowed, each borrower is liable for the full debt, not just the prorated share.
Joint Tenancy - ownership of realty by two or more persons, each of whom has an undivided interest.
Joint Venture - an agreement between two or more persons who invest in a single business or property.
Judgment - a decree of a court stating that one individual is indebted to another and fixing the amount of the indebtedness.
Judgment Creditor - one who has received a court decree or judgment for money due from a debtor.
Judgment Lien - the claim upon the property of a debtor resulting from recording a judgment.
Judicial Foreclosure - having a defaulted debtor's property sold where the court ratifies the price paid.
Jumbo Loan - A loan larger than the maximum allowed by conforming loans. The threshold amount has traditionally been adjusted more or less on an annual basis and has been in the low $200,000's. Banks and mortgage brokers can quote the current threshold. They are typically available at interest rates slightly higher than those of conforming loans and typically require the same underwriting standards as conforming loans. (see definition of "conforming loan" above).
Junior Mortgage - a mortgage whose claim against the property will be satisfied only after prior mortgages have been repaid.
K
Kicker – a payment required by a Mortgage in addition to normal Principal and Interest. See Participation Loan.
Kick-Out Clause – A provision in a Sales Contract that allows the seller to void the agreement if a better offer is received before the sale is closed.
Land Contract - see Contract for Deed, Installment Sale
Land Lease - see Ground Lease.
Landlocked - condition of a lot that has no access to public thoroughfare except through an adjacent lot.
Lease - a contract in which, for a rent payment, the one entitled to the possession of the real property (lessor) transfers those rights to another (lessee) for a specified period of time.
Leasehold - the interest or estate on which a lessee (tenant) of real estate has a lease.
Lease Option - a lease combined with an option agreement that gives the lessee (tenant) the right to purchase the property under specified conditions.
Lease Purchase - a lease combined with a purchase agreement that obligates the lessee (tenant) to purchase the property under specified conditions.
Legal Description - legally acceptable identification of real estate by government survey, metes and bounds, or recorded plat.
Lessee - a person to whom property is rented under a lease.
Lessor - one who rents property to another under a lease.
Let - to rent a property to a tenant.
Letter of Intent - written expression of desire to enter into a contract without actually doing so.
Lien - A claim on a property of another as security for money owed. Examples of types of liens would include judgments, mechanic's liens, mortgages and unpaid taxes.
Life Estate - an interest in property that terminates upon the death of a specified person.
Life Tenant - one who is allowed to use property for life or the lifetime of another designated person.
Lifetime Cap - The highest amount over the initial interest rate that an adjustable mortgage can be raised. Lifetime caps are typically in the range of 5.0% - 7.0%. If the initial interest rate is 5.25% and the lifetime cap is 6.0%, the highest interest rate a borrower could pay during the course of the loan would be 11.25% (5.25% + 6.0%).
Like-Kind Property - property having the same nature; See 1031 Exchange
Limited Partnership - one in which there is at least one partner who is passive and limits liability to the amount invested and at least one partner whose liability extends beyond monetary investment.
Liquidated Damages - an amount agreed upon in a contract that one party will pay the other in the event of a breach of contract.
Liquidity - ease of converting assets to cash.
Lis Pendens - Latin for "suit pending", recorded notice of the filing of a lawsuit, the outcome of which may affect title to real property.
Listing - written agreement between a principal and an agent authorizing the agent to perform services for the principal involving the principal's property.
Loan Application (1003) - A loan application that is required for conforming loans. It has become the standard application for most residential loans, even non-conforming loans.
Loan-to-Value (LTV) - The ratio of the size of the loan to the value of the property. If the loan is $80,000 and the value of the property is $100,000 the LTV is 80% ($80,000 / $100,000).
Loan Package (Motgage) - The organized group of documents that contains all of the information required to obtain an underwriting decision of loan approval or loan denial. Depending on the type of loan and the particular lender, a package may contain some or all of the following as well as other documents:
- loan application,
- statement of use of funds,
- statement of net worth,
- P & L statements,
- tax returns,
- pay stubs,
- statements from various types of banking and investment accounts,
- property appraisal,
- letters of explanation,
- credit report,
- verification of employment,
- verification of housing payments,
- purchase agreement, etc. (See definition of "underwriting" below.)
Lot and Block - method of identifying legal description of property, see Legal Description.
Lot Line - a line bounding a lot as described in a property survey.
Management Agreement - a contract between the owner of property and someone who agrees to manage it.
Margin - A constant (fixed) amount over an index that determines a lender's yield on an adjustable rate loan. The interest rate of an adjustable rate loan is determined by adding a margin to an index. The size of the margin is typically a function of the index used and the credit worthiness of the borrower. Typical margins on a Prime Rate based loan would be 0.0 to 5.0 so that if the Prime Rate were 8.25% and the margin were 2.0 (typical for an "average" borrower), the interest rate would be 10.25% (8.25 + 2.0). (See definition of "index" above.).
Marketable Title - a title free from defect.
Master Lease - a controlling lease; See Sandwich Lease Option.
Mechanic's Lien - a lien given by law upon a building or other improvement upon land as security for the payment of labor and materials furnished for improvement.
Mortgage - A lien against real property given by a borrower to a lender as security for money borrowed.
Mortgage Balance - see Principal Balance.
Mortgagee - The entity to whom the mortgage is given; i.e., the lender.
Mortgage Insurance Premium (MIP) - The payment made by a borrower of FHA insured mortgages to provide a reserve that protects lenders against losses from very high loan-to-value loans.
Mortgage Loan - A loan which is secured by a mortgage lien filed against real property.
Mortgage (Open-End) - A mortgage that allows additional money to be borrowed (up to the original loan amount) without refinancing the loan or paying additional financing charges.
Mortgagor - The entity who gives the mortgage; i.e., the borrower.
Net Operating Income (NOI) - From income producing property, the gross income minus the total of all expenses except for debt service. Cash flow is defined as NOI minus the total of all debt service payments.
No Income Verification Loan (NIV) - A type of loan generally limited to the self-employed that is underwritten based on the borrower's written representation of their annual income as stated on the loan application. No tax returns, operating statements or other verification of the income is required. Debt ratios are computed based on the stated income. The primary intent of these programs is to allow owners of small businesses to use their actual cash flows rather than the net incomes normally reported in tax filings. Higher interest rates on these products compensate lenders for their higher risks. (See definition of "debt ratio" above.)
Non-conforming Loan - A loan not meeting the underwriting requirements of Fannie Mae and Freddie Mac. I.e., the vast majority of loans.
Non-Qualifying - buyer is not required to qualify through traditional bank financing requirements
Note - A written promise to repay a certain sum of money on specified terms.
Note Broker - An individual who acts as an intermediary between a holder of an existing note and a prospective purchaser of the note.
Option To Purchase - the right to purchase or lease a property upon specified terms within a specified period of time
Originator - An individual who works with a borrower to start a loan. Usually an employee of a financial institution, an employee of a broker or an independent contractor affiliated with several brokers, the originator determines the type of loan a borrower probably qualifies for, helps complete an accurate application, gathers documents necessary to get an approval and acts as an intermediary between the borrower and the underwriter.
Origination Fee - A fee paid to either a broker or a lender for originating a loan. It may be the only compensation for their work in arranging and/or processing the loan or it may be only a portion of the compensation. Not every loan has an origination fee.
Owner Financing - See Seller Financing
PITI - The shorthand way of stating the most usual elements of a residential mortgage payment which may consist not only of the Principal and Interest (PI) but the property taxes (T) and hazard insurance (I) as well. In the case where all four elements are part of the payment, the lender escrows the T and I and pays them on behalf of the borrower when they come due. Some loans are written such that the payment to the lender consists only of the P and I in which case the borrower pays the taxes and insurance directly.
Portfolio Loan - A non- conforming loan that is held by the original lender rather than being sold on the secondary market.
Prepayment Penalty - fee charged for paying off a loan within a relatively short period of time after the loan has closed, provision is currently found only in non-conforming products, time period during which it applies is usually one to three years
Principal Balance - outstanding dollar amount owed on a loan exclusive of accrued interest
Principal, Interest, Taxes, Insurance (PITI) - monthly payments required by an amortizing loan that includes escrow deposits for taxes and insurance in addition to the principal and interest
Private Bankers - where Private Money Investors lend you the REI a new 80% LTV mortgage. Private Bankers act as a bank, and generally use retirement money from 401(k)s, IRAs, and RRSPs.
Private Money - A term meaning the ability to have Private Investors fund your deal