call option
A provision in the mortgage that gives the
mortgagee the right to call the mortgage due and
payable at the end of a specified period for
whatever reason.
cap
A provision of an adjustable-rate mortgage (ARM)
that limits how much the interest rate or
mortgage payments may increase or decrease. See
lifetime payment cap, periodic payment cap, and
periodic rate cap.
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 issuer’s 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 veteran’s 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.