Loan Glossary
Commercial Mortgage Loan Glossary of Capital Finance Definitions
Defining Lending Terms and Loan Definitions in Helping to Understand the World
of Commercial and Multifamily Loan Finance, Commercial Capital
Mortgage Loan Markets, Investment Income property Loans and
Commercial Funding in Today's Business Money Loan Solutions for
the Commercial Financial Industry.
11th District Cost of Funds Index (COFI) Loan:
This slow moving index reflects the weighted-average interest rate paid by
the 11th Federal Home Loan Bank District savings institutions for
savings, checking accounts, and advances from the FHLB, and other
sources of funds. The 11th District represents the savings
institutions (savings & loan associations and savings banks)
headquartered in Arizona, California and Nevada. Since the largest
part of the 11th District Cost Of Funds index is interest
paid on savings accounts, this index lags market interest rates in
both uptrend & downtrend movements. As a result, Adjustable loans
or variable rate mortgage loans are tied to this index rise (and
fall) more slowly than rates in general, which is good if rates are
rising but not so good if rates are falling. COFI, which an
abbreviation of "Cost of Funds Index, based on the Cost of
Funds of the 11th District of the Federal Home Loan Bank. It is this
market index that can used to determine the mortgage loan interest
rate changes on variable rate or adjustable rate loans.
401k/403b Loan:
Finance
Managers of these retirement saving type plans may at times allow
client's to finance their loans against monies accumulated in
their savings plans. The amount of monies borrowed must be repaid
back in time in order to avoid any serious penalty finance charges.
401k/403b is an employer-sponsored retirement investment savings plan
which allows individuals to set aside tax-deferred income for
retirement savings or for emergency type purposes. These 401(k)
savings plans are provided by small and large employers that are
private corporations. The 403(b) savings plans are provided by small
to large employers that are not-for-profit organizations.
A:
An
S&P commercial real estate property rating for a long term issuer
credit rating. Example, a borrower or obligor that has an investment
property rated 'A' has a strong capacity to meet its financial
commitments, but may be susceptible to the adverse effects of
economic changes in circumstances and/or economic conditions for
obligors in a higher rated category.
AA:
An
S&P commercial real estate property rating for a long term issuer
credit rating. Example, a borrower or obligor that has an investment
property rated 'AA' has a much stronger capacity than 'A'
to meet its financial commitments. It is the next positive step up in
property worth from the highest rated.
AAA:
An
S&P commercial real estate property rating for a long term issuer
credit rating. Example, a borrower or obligor that has investment
property rated 'AAA' has the highest capacity to meet its financial
commitments. 'AAA' is the highest issuer credit rating that can be
assigned by Standard & Poor's. These ratings range from 'AA' to
'CCC', and may be modified over time by the addition or subtraction
sign to help show the relative investment standing within the major
credit rating categories.
Ability To Pay Loan:
When a borrower fills out and completes loan application, lenders will
review his or her financial ability to meet their past, current and
future loan debt obligations.
Abstract
Of Title Loan:
Title
insurance companies offer a history of all title purchase
transactions on real estate property. This is public information that
can be found in the public records which can affect a particular
tract of real estate. Lenders require a condensation or summary of
the essential parts of all recorded instruments related to title that
can affect a particular piece of real estate that is arranged in the
lending order to which they were recorded.
Acceleration
Clause Loan:
An
acceleration clause is a contract by which the time for payment of a
debt or loan is advanced, usually by making the financial debt
obligation immediately due and payable because of a breach or
negative condition, such as a failure to pay an installment debt on
time or when due. It is a lender or bank provision written in a
promissory note that specifies lender conditions that a lender may
advance time when the entire mortgage loan debt is secured by the
mortgage which becomes due. The loan acceleration clause, benefits
lenders by giving them the right to demand capital loan payments of
the entire outstanding loan balance, if monthly payments are late or
missed.
Acceptance
Loan:
An
indication or manifestation by the offeree that he to she is willing
to be bound by such terms and conditions of said offer. Acceptance is
a buyer's or seller's agreement to enter into a contract and to be
bound by the terms of the offer on both sides.
Accommodator
Loan:
A
holder of money, an intermediary who acts as the facilitator when a
borrower sells a real estate investment property and has a profit.
This profit will be taxed unless given to an accommodator to hold
while the borrower goes out and purchases a new investment property.
At which time, the accommodator returns the monies back to the
borrower so that the profit can be shifted to a new investment
property. The accommodator is necessary in facilitating the
tax-deferred exchange aiding the borrower in acquiring and selling
property in an exchange to aid the taxpayer in complying with Section
1031 exchange and all applicable tax rules.
Accounts Receivable Financing/Factoring Loan:
It
is the selling or financing of a business's accounts
receivables. If sold at a discount or not, lenders will factor this
in and assume the company's credit risk to include account debt
holders allowing the business to receive cash payments as the debtors
settle their accounts. If financed, lenders will base their loan off
of the income generated by the account receivables less expense when
determining the loan structure as no real estate is involved.
Account Termination Fee Loan:
This fee is often charged when you pay in full and thereby terminate your
loan, or home equity line of credit during before it is due. Paying
the loan balance down to zero does not count as a termination.
Accrue Loan:
The build up or amass of interest, accumulating interest charges over time.
Accrued
Interest Loan:
Interest is built up on a loan, which has accumulated to a specific date.
Acknowledgment Loan:
Primarily
given by notary publics, such formal and legal declarations are
issued by an authorized officers/notary publics who have signed a
legal instrument that whomever is party to the loan documents are
signing in the individual's act. This is a declaration made by
a person or persons to a notary public, or by a public official
authorized to take such acknowledgments, that an instrument/document
was executed by the person who gave the declaration and that it was
made in a free and voluntary act.
Acquiring
Financial Institution Loan:
Merchants
and business owners alike, who offer credit card transactions are
required to maintain an account with an acquiring financial
institution to receive or allow credit capital for credit card
transactions. Credit card totals are deposited into the merchant's
account minus any transaction fees.
Acquisition
and Development Loan or A&D Loan:
An
investment commercial financing loan that provides development and
construction loans for subdivision projects. The capital used is for
the real estate purchase and preparation of raw land or entitled land
to build office buildings, shopping centers, hotels, industrial
complexes, condominium developments, or residential home
subdivisions. Acquisition and development A&D loans usually
include capital financing for the development of the streets, curbs
and utilities. The source of loan repayment is either from a take-out
loan, or permanent loan once the project has been built, or by the
sale of individual units.
Acreage
Loan:
The
real estate land mass covering 43,560 square feet which is a two
dimensional measure of land equaling 160 square rods, 10 square
chains and 4,840 square yards.
Additional
Principal Payment Loan:
A
loan payment made by a borrower of more than the scheduled principal
amount due or required in order to reduce the outstanding capital
balance of the loan, can save on interest over the life of the loan
and/or pay off the loan early by making an additional Principal
Payment. Extra money included with a loan payment in order to pay off
the loan amount owed faster can also be considered this practice
which reduces the amount of interest paid.
Adjustable
Rate Loan:
Floating
rate money or Variable rates offer more risk due to the possibility
that the low interest rate could one day increase. However, because
you are assuming some of the financial risk, the lender will
generally reward you with a lower initial finance interest rate.
These low payment loans are the best options for borrowers who do not
plan on keeping the loan for the entire loan term. Adjustable rate
mortgages (ARM's), give a home loan that permits lenders to
adjust the interest rate periodically during the life of the loan on
a semi-controlled basis of changes on a specified financial market
index. Adjustable Rate Mortgages offer mortgage loans that are
subject to changes in interest rates up or down; when rates change,
ARM monthly payments may increase or decrease at intervals determined
by the lenders loan documents; these changes in monthly payment
amounts, however small or large, are usually subject to a Cap rate or
ceiling. Adjustable rate mortgage loans, also known as ARM mortgages,
floating rate money or a floating rate mortgage where the interest
rate changes over time based on a specified index rate and margin.
These loans can be for permanent loans such as a refinance or
purchase, but are predominantly used for construction financing of
residential and commercial real estate properties. Interest rate
changes are made at prescribed times, intervals and within prescribed
limits called caps or ceilings, which are defined in the mortgage
contract documents. Adjustable rate mortgages are where the initial
interest rate given can adjust periodically up or down following a
specific market loan index given. Adjustable Rate Mortgage (ARM) is
mortgage capital that permits a lender to adjust the rate of
interest rate upwards or downwards in accordance with a specified
index. Variable rate loans can fluctuate up and down, with interest
rates that can shift quickly according to the market rate index that
is selected when a loan issued. Most adjustable rates start off
low(Teaser) for the first year or two, but then monthly interest rate
payments can go higher or lower when the rates adjust. Interest rates
Adjust periodically adjust in accordance to a specific market
indicator.
Adjusted
Available Income Loan:
This
is income that is remaining in your pocket after your taxes and basic
living allowances have been subtracted.
Adjusted
Balance Loan:
This
is a profit method by which credit card issuers subtract all finance
payments made during the month and then add finance charges.
Adjusted
Basis Loan:
The
overall cost of a borrower's real estate property ownership in
time. The adjusted basis formula allows for property cost based on
the purchase price, capital improvements and depreciation.
Calculating the adjusted basis is done by take the initial cost of
the property, then add all cost done for capital improvements during
ownership, and then subtract for depreciation on the real property
during that period.
Adjusted
Gross Income Loan:
The
total gross income of a commercial real estate building, operating at
a 100% occupied, less allowances for estimated vacancies based on its
funding location.
Adjustment
Date Loan:
The
calendar date when the monthly interest rate changes on an adjustable
rate loan or floating rate mortgage loan.
Adjustment
Interval Loan:
A time period interval between interest rate changes in the interest
rate for an adjustable-rate loan. Typically, adjustment rate
intervals are within six months, to one, three, five and seven year
interest rate adjustments.
Adjustment
period Loan:
A
period that elapses between the adjustment dates for adjustable rate
mortgages, typically six months or longer. Adjustment intervals on
adjustable rate mortgages are based on the time between changes in
the interest rate or monthly payment within typically one, three,
five or seven years, depending on the chosen index.
Administrator Loan:
A
person legally appointed by a court of law to immediately take
possession of real property of a person or persons who have either
died or lost control without leaving a will. The administrator is
required to make sure that the debts are being paid if possible,
along with the distribution of property rights to those who are
entitled by law.
Ad Valorem Loan:
A
Latin word meaning "According to Value". This popular
financial phrase is used to describe the mortgage tax base on the
assessed value of real estate property.
Adverse
Action Loan:
A
negative financing decision to not grant credit towards the amount
requested , or according to the loan terms requested.
Adverse
Action Notice Loan:
A
document with explanations/reasons as to why a borrower's
credit application was denied or turned down.
Adverse
Possession Loan:
A
negative possession by one a party of real property, which belongs to
another. This adverse manner is deemed unfavorable to the interest of
the recorded real property owner. It is the A
right of an occupant of real estate to acquire superior against a
recorded land owner. This type of possession has been perceived as
actual, hostile, visible and ultimately continuous for a required
legal statutory period. The purpose is to promote the productive use
of real estate and to give title to one who is putting the land to
use.
Affiant
Loan:
An
admission of one who swears to, and affirms his or her statement is
true in a legal affidavit.
Affidavit
Loan:
A
legal written instrument, stating that he or she has made this
statement under oath before a notary public or other judicial court
officer. A sworn statement or official declaration reduced to
writing, and sworn to be affirmed before an officer who has authority
to administer an oath or affirmation.
Affirmative
Coverage Loan:
Legal
provisions made by title companies that issue real estate title
insurance policies. This coverage allows the insurer to agree to
indemnify oneself against loss due to a specific risk, not generally
covered by standard title policies.
Affordability
Analysis Loan:
A
pre-qualification or preliminary analysis, of the borrower's ability
to afford a loan purchase. This pre-qualification or affordability
income and expense analysis takes into consideration financial
factors such as income, liabilities and available funds against the
anticipated taxes and insurance for the home along with estimated
closing costs.
Agency
Loan:
A
legal binding relationship resulting from an agreement or contractual
obligation, implied or expressed, written or oral, whereby one person
is called the agent and the other person is employed by another,
usually called the principal to do certain acts in dealing with third
parties.
Agent
Loan:
Any
one person, partnership, association or corporation which is
authorized or employed by another, usually called the principal, to
act for, on behalf of, and/or subject to the control of the latter.
Agreement Loan:
A legal and binding contract, which is made between two or more
parties.
Alienation Loan:
A
commercial or residential real estate property transfer of real
property by one person to another.
All Inclusive rate Loan:
A
financial premium for title insurance that includes the cost of real
estate title search and title insurance examination, as well as risk
premium. Title insurance is priced with an all inclusive rate, in
others, the policy is priced with an insurance risk rate along with
the cost of search and examination which is separately priced.
All
Inclusive Trust Deed or AITD Loan:
Also
know as a wraparound mortgage, results when an existing assumable
loan is then combined with a new loan, ensuing is in an interest rate
somewhere between the old interest rate and the new current market
interest rate. Payments are usually made to a second lender or
previous homeowner who then will forward the payment(s) to the first
lender after taking his or her additional amount off the top.
Amenities
Loan:
Amenities
in real estate refer to a set of circumstances in regards to the
specific location, outlook or access to a park, beach, lake, highway,
view or the likeness in which enhance the pleasantness or
desirability of said real estate and thereby contributes to the
overall pleasure and enjoyment of the occupants. An amenity is a real
estate feature of real property that enhances the attractiveness and
increases the occupant's overall satisfaction. While these features
may or may not be essential to the property's use, amenities can
include pleasant or desirable locations near water, transportation,
scenic views, etc. More common man-made amenities include swimming
pools, tennis courts, community buildings, laundry rooms and other
recreational type facilities. An amenity is a feature of the home or
property area that serves as a benefit to the real estate buyer or
renter that is not necessarily to its use, but may be natural such
as water, location, forest or other man-made features such as a pool,
spa, gym or flower garden.
American
Land Title Association (ALTA):
This
is known as the trade association of the insurance title policy
industry for real estate, which adopts certain insurance policy forms
to standardize insurance coverage on a nationwide basis in the U.S.A.
Amortization
(Amortize)Loan:
A
repayment over time of a loan, either a mortgage loan, auto loan,
business loan, or student loan through monthly installment payments
of principal and interest. It is the reduction of the principal of a
debt in regular, periodic installments. Amortization is used as the
retirement of the principal or capital on a loan over a specified
time and at a specified interest rate. These monthly payments are
based on the amount borrowed and due at specified schedule intervals
to allow one to own his or her property at the end of the agreed upon
amortized time period. Amortization is a process of time that
calculates the annual principal and interest on a loan through
regularly scheduled monthly installments over periods of 5, 10, 20,
25, and 30 year loans. It is the gradual repayment of a loan by
periodic installments. This gradual repayment of installments is a
guide to paying back the loan, and is a loan process of spreading
costs over the term of a loan. Amortization is paying back and paying
off over time the reduction of debt through regular payments of
principal and interest over a designated period of time. A loan
period or length of lending time over which the principal loan
portion of a mortgage is scheduled to be paid down through periodic
mortgage payments by a borrower. Amortization Schedule Loans are a
simple timetable for loan payments. Amortization schedules show the
loan amount from start to finish with each of the payments applied to
principal and interest to the remaining monthly balance after each
payment is made. A period of time in which the amount of time it
will take to pay off the loan. Amortization terms are expressed as a
number of months which may take place over 5, 10, 20, 25, or 30
years. A repayment of a loan or debt with regular monthly
installments, these payments will cover both principal and interest.
Paying off a loan or debt in monthly installments which include
principal and interest in regular installments over a loan's
established term.
Amount
Financed Loan:
The
amount of credit financed from a lender or financial institution. It
is required to be broken down in the truth in lending act disclosure
for consumer and real estate loans. This amount financed is
calculated by starting with the entire loan amount borrowed, then
subtracting out prepaid finance charges the borrower paid for in
advance
Anchored
(Retail) Loan:
A
Commercial real estate property with a very large main tenant that
rents most of the commercial space and is the primary main tenant
that brings in the people to shop. Such large tenants are known as
large franchises like big grocery chains stores, Wal-Mart or Target
shopping centers.
Anchor (Retail):
Large national franchise commercial retail tenants with long term leases,
known as credit-worthy tenants.
Angel Investor Loan:
A
private individual who provides financial capital to a startup
business. The individual is usually financially affluent and my
require a financial stake into the success of such investment
business. This type of financing is looked upon as a high level of
risk and can potentially offer a large return on investment.
Annual Maintenance Fee Loan:
An
amount charged annually each year that a credit line is available.
This charge takes place on an annual basis whether or not a business
line of credit, or commercial credit line is being used. The annual
fee is a bank lender charge for use of a credit each year, and is
billed directly to the borrower.
Annual
Percentage Rate or APR Loan:
The
Annual percentage of rate is described a yearly rate of interest.
Lenders are required by law to disclose the Annual percentage rate
which is calculated by taking the average compound interest rate over
the term of the loan and closing cost to compare loan financing. The
Annual percentage rate shows the cost of a loan, expressed as a
yearly interest rate which includes the interest, points, mortgage
insurance and other finance fees associated with the loan. It is the
actual rate of interest on a loan including all other associated
finance costs such as closing costs, points, and loan fees. A total
finance charge expressed as a percentage of the amount borrowed or
financed. The effective cost of a loan stated as a yearly interest
rate taking into account such items as interest, mortgage insurance,
closing costs, discount loan points and loan origination fees. This
APR disclosure is required by the Truth-In-Lending Law to show
borrowers the actual cost of a mortgage loans, auto loans, credit
cards, business loans, student loans, commercial loans, etc.,
expressed as a yearly rate. The annual percentage rate will usually
be higher than the interest rate stated because it includes all loan
fees such as interest, points, origination fees, mortgage insurance
and other related loan fees. The truth in lending act requires
lenders to disclose the annual percentage rate to help borrowers
measure and compare actual costs of acquiring a loan. It is a
calculation of the cost of credit borrowed and shown as a yearly
interest rate percentage. It's often a higher rate than the
given interest rate because it includes all closing costs as well as
prepaid finance charges. The Annual Percentage Rate (APR) is measured
as the cost of credit expressed as a nominal yearly rate. Lenders in
the US are legally required to disclose the APR. This interest rate
is a benchmark for various loans borrowers come across broken down to
a loan interest rate.
Apartment,
Condo, and Hotel Conversion Loan:
With
special financing, a rental apartment, office building or existing
hotel can be converted into owned real estate property ownership.
These popular conversions use special loans to rehab the units into
individually owned units as an apartment, condominium or a condo
hotel.
Apartment
Rehabilitation Loan:
Loans
are available for minor or extensive remodeling of older apartment
buildings. These multifamily loans can be based on future income with
a feasibility or market study to compare other apartment project
rents in the area. Cash earn-outs through escrow are usually required
during the construction loan process to make sure the cash-out money
is allocated towards the apartment unit rehabilitation project.
Application
Loan:
A
financial document that a borrower would fill out stating his or her
loan request, along with giving a lender their personal income,
expenses, assets, and liabilities. The borrower or loan applicant
writes down personal financial information about their employment,
income, assets, debts and other pertinent financial information to
obtain loan approval. Commercial loans or Apartment loans may require
a popular loan document called a 1003, which some bank loan lenders
use as the borrowers loan request and financial statement. The 1003
is Fannie Mae's standard loan application document. Applications are
always a good first step in the qualifying loan approval process, by
offering important financial information about a potential borrower
to qualify for a loan approval.
Application
Fee Loan:
An
up front cost required by some commercial lenders to be paid at time
of commercial application. The application fee is given to a
investment lender for helping to review and complete a borrower's
application. Depending upon the stage or time of application, lenders
will request fees for an initial review, a credit report, or property
appraisal and/or underwriting to determine loan approval.
Appraisal
Loan:
An
evaluation of an asset, a report documented to value a real estate
property's market value. This assessment is generally required by a
mortgage lender before a home loan approval is offered to ensure that
the residential or commercial mortgage loan amount is not more than
the assessed value of the property. An appraisal which can be
multiple pages, is a written value, documenting the analysis or
opinion of a licensed or qualified appraiser to evaluate an asset
such as real estate. Multifamily appraisals are also not the same as
a home property inspection, which looks more for mold, cracks, and
safety issues. The word appraisal In commercial or residential real
estate lending, is a fair estimate of the overall quality or project
value of the subject property. The evaluation process concludes value
by using like kind asset comparables together with the basis for such
financial conclusions. There is a fee charged by appraisers to
evaluate and document real estate property. The fee is included in
the escrow closing statement when financing commercial loans, home
loans, and usually the sale or refinance of business loans.
Appraised
Value Loan:
A
dollar amount offering the fair market value figure for an asset or
real estate property's estimated worth. The value is certified from a
licensed commercial or residential appraiser, whose knowledge,
experience, and evaluation analysis of the asset or real property
utilizes like kind comparables in and around the area. The appraised
value is the basis in determining the asset's fair market value
by an appraiser, based on sales analysis of the property's
location and environment to other local real estate market
conditions, along with and current up to date sales comparable data
of other property.
Appraiser
Loan:
A
qualified licensed individual, through education, training and
evaluation experience to assess value of an asset or real estate
property. He or she is a qualified person who is usually licensed to
prepare documents expressing the asset value or worth of property.
Appraiser's are typically hired through lenders to provide an
appraisal estimate before issuing a loan or offering financing.
Appreciation
Loan:
An
increase in the value of an asset such as a business or real estate
due to environmental changes in market conditions or other positive
causes. Inflation, increased supply & demand, home improvement
and sweat equity are all good causes of appreciation. Appreciation is
an increase in the value of an asset due to the changes in market
conditions or other causes. It is the added or positive value of an
asset gain or rise over a period of time.
Appreciation
Rate Loan:
This
interest rate is calculated as a yearly percentage rate that an asset
or real property increases in value.
Approved
Attorney:
Title
insurance companies have attorneys which are approved by to offer
real estate opinions of title and can be relied upon for the
preparation of a real estate title insurance policy.
Appurtenance:
A
legal right (Easement) or possibly a privilege that has been attached
to another real property and is then conveyed or transferred with it
during a real property sale.
Appurtenance
Loan:
That
which it is connected, or belongs to real estate property. It is what
was intended to be a permanent addition to the subject real estate
property. It may possibly belong to something else that adapted to
the use of the land, which passes as an incident to the subject
property giving the right of way.
ARM
Loan:
See
Adjustable/Variable Rate Mortgage Loan
Arbitration
Loan:
A
private trial conducted to resolve a legal dispute. Arbitrations can
save money, time and are made to be binding or non-binding, to which
an appeal may or may not be possible.
Assessed
value Loan:
The
assessed value is used to establish real estate property taxes, based
the public tax assessor's opinion. The value is to determine what
taxes will be paid by the taxing authority, for example a county tax
assessor's job is to place a value on real estate property as a
cost bases for computing state property taxes. This valuation is
placed upon real property by a public or state tax assessor for
purposes of property taxation.
Assessment
Loan:
A
fee or tax assessed on real estate property by local or state
governments. An assessment which is given to real estate property
owners and homeowner associations alike for the immediate funding of
local and state projects. These fees are to cover maintenance costs
for the improvement of sewer lines, drains and road upgrades.
Government local assessments are levied against real estate property
to cover disproportionate expenses and sudden costs needed to pay for
street improvements and sewer upgrades.
Assessment
Rolls Loan:
A
government public record of the assessed commercial and residential
real estate income property values from specific taxing jurisdiction.
Assessor
Loan:
A
local or state government official who's responsibility is to
determine the real estate property value for the sole purpose of taxation. A public official, who's
job is to assess, evaluate, and establish the real property value for
taxation.
Asset
Based Finance Loan:
A
secured commercial business finance loan whereby a borrower will
pledge business income collateral or any other business assets that
are used to conduct business.
Asset
Conversion Loan:
A
short-term business loan whose repayment lending source is for the
conversion of a company asset such as business inventory or accounts
receivables.
Asset
Loan:
An
asset is something you own. Assets can be anything of financial or
economic value that is owned. It is a monetary values placed on
automobiles, real estate, personal belongings, banking accounts,
stocks & bonds, life insurance policies, business equipment,
mutual funds, inventory, etc. Assets are items of worth or value, an
interest in real estate or personal property that is suitable for the
payment of a debt. Asset Financing is to cover assets which are
converted into working capital cash in exchange for a financial
interest.
Asset
Protection Allowance Loan:
This
procedure is used by a financial aid office in connection with the
U.S. Department of Education. It is used to establish an expected
family contribution to which parental assets will be either ruled
out, or rejected when calculating a parent's monetary
role/contribution towards a student's education.
Assignment
Loan:
A
legal process of transferring a right or contract to another person
or entity. Such rights may include terms of a commercial loan or
residential home loan from one person to another giving them legal
authorization.
Assignee
Loan:
A
receiving party in an assignment, who was given the legal
authorization and right by the assignor via a transfer.
Assignor
Loan:
The
party who initiates the assignment by transferring his or her legal
rights and authorization to the assignee.
Assisted
Living Loan:
A
property type of senior healthcare housing that offers independent
living with and assistance to its elderly occupants.
Assumable
Mortgage Loan:
A
residential or commercial mortgage loan, that allows for a real
estate owner to transfer or assign title to a buyer. For sellers,
this financial benefit allows them get out of a loan that usually has
a prepayment penalty. For buyers, the financial benefit is to
purchase a real estate property and assume an existing mortgage that
is below current interest rates. Once the assignee assumes the
existing mortgage loan debt, the buyer or assignor, is no longer
responsible or liable for repayment of the existing mortgage debt.
Lenders will usually oversee and approve this assignment transfer,
and may charge the buyer or assignor an assumption fee of 1.0%.
Assumable mortgage loans can be transferred to new ownership if a
commercial real estate or residential property is sold. The assumable
option allows mortgages to be assumed or transferred to a new
purchaser of real estate by allowing them to assume or take over the
mortgage payment obligations of the current seller.
Assumption
clause Loan:
This
is the legal term that allows for the assumption of a sellers real
estate loan to be assumed by a buyer. The buyer would assume the
existing mortgage debt responsibility from the seller. This allows
for the commercial loan or home loan the flexibility of not being
required to be paid off in full by a seller upon property sale or the
transfer of real estate.
Assumption
Loan:
A
real estate buyer's acceptance of a mortgage liability taking over a
seller's existing loan debt. An assumption takes place through when
the seller has an assumable loan on the property. It is a legal and
binding agreement between a buyer (Assignee) and seller (Assignor)
whereby a buyer can take over the mortgage loan payments on an
existing mortgage from a seller. An Assumption can benefit both
parties by saving the seller from any mortgage prepayment penalties
and saving the buyer money by assuming a lower interest rate.
Assumption
Fee Loan:
A
lender fee charged to a buyer by the lender. The fee charged is
usually 1.0% of the loan amount based upon the seller's loan
documents. The assumption allows for a seller to transfer his or her
mortgage debt and real property responsibility to a buyer. Once this
has taken place, the lender will then begin to collect mortgage loan
payments from the new buyer as it is now their responsibility.
Attachment
Loan:
A
legal document authorizing an impediment or barrier to be placed
against real property by a defendant in a pending lawsuit. The
encumbrance is legally permitted under special circumstances, and is
placed against commercial or residential real estate by a defendant
for monetary damages.
Attorney
in Fact:
An
individual who holds and has been given a specific power of attorney
from another to execute specified documents on behalf of the real
estate seller.
Attorney's
Opinion Loan:
A
written legal opinion drawn up by an attorney-at-law regarding to the
marketability of title to a real estate property. In residential and
commercial real estate, these written opinions by attorneys are used
to view the sell or promote a title to real property based on review
of public records and the abstract of title located in the county
clerk and recorder's office.
Authorized
User Loan:
A
person or entity who is given the permission to utilize a credit card
or banking account.
Automatic
Payment Loan:
A
monthly payment being taken out directly from a personal or business
bank account. The monthly deduction allows consumers of personal and
business banking to make quick and easy loan or financial payments to
a lender. It is a payment structured that is now available online to
contract an authorizing a financial institution to make his or her
periodic withdrawals from a checking or savings bank account to pay
bills. The bills can be for car payments, credit lines, phone bills,
and more by simply setting a payment amount to automatically be taken
out at a certain time or date of your account.
Automatic
Stay Loan:
A
legal injunction by an attorney to stop debt collectors, lawsuits,
foreclosures, or debt garnishments against the person or business the
moment a bankruptcy petition is filed.
Automatic
Transfer Loan:
A
banking contract to shift or move monies at specific times; weekly,
monthly, or annually from an interest bearing checking or savings
account into a non-interest bearing account such as a checking
account for purposes of debt or loan payments.
Available
Cash Loan:
A
positive cash balance or amount of a borrowers liquid assets that
readily available. This available cash is looked upon by residential
and commercial mortgage lenders as cash reserves located in checking
accounts, savings accounts, stocks, liquid mutual funds and CD's,
etc., for the immediate use to cover the down payment, closing costs,
and income real estate cash reserves for property upgrades and tenant
improvements.
Average
Annual Occupancy:
The
amount of commercial property which is occupied by renters or
tenants. It is the percentage of currently rented units in a
commercial or multifamily building.
Average
Daily Balance Loan:
The
average daily balance is used by auto lenders, credit card lenders,
real estate lenders and financial lenders worldwide to determine the
amount fee to charge a customer. The fee is calculated by adding each
days balance, and then dividing the full amount by the number of days
in a billing cycle.
Average
Daily Rate:
This
term is used by commercial hotel loan lenders when determining the
hotel rate charged. It is used to evaluate the average daily rate of
what a hotel or motel is charging inclusive of room vacancy and
seasons.
Average
Interest Rate Loan:
The
sum total of adding up the total business or personal debt taking in
consideration of actual interest rates for each loan in combination
of the financial loan debts based on a total weighted interest rate
calculation. Using this total sum of each of the loan balances and
interest rates, a calculator can then determine the weighted interest
rate average for several loan obligations for a more defined lending
period.
B:
S&P
Long-Term commercial real estate property Issuer Credit Rating -
Adverse financial, business, or economic property conditions that may
impair the obligor's capacity or willingness to meet the financial
commitment on the obligation. An obligor that is rated 'B' is much
more vulnerable to nonpayment than obligors rated 'BB', but the
obligor currently has the capacity to meet its financial commitment
on the obligation.
'B'
Billion Loan:
The
letter 'B' Refers to a very large financial amount in US
dollars standing for Billion. Lenders use the letter 'B'
after a number to express the amount money or loans in question to be
or have been financed. For example, $5B in commercial loans is
defined as Five Billion Dollars in Commercial loans.
BB:
S&P
Long-Term commercial real estate property Issuer Credit Rating - An
obligor that is rated 'BB' may be less vulnerable in the short term
than other lower rated obligors. An obligor rated 'B' is more
vulnerable than if rated 'BB', but the obligor currently has the
capacity to meet its financial loan commitments. Adverse business,
financial, or economic conditions will likely impair the obligor's
capacity or willingness to meet its financial commitments. It also
faces major ongoing property uncertainties and exposure to adverse
financial, business, or economic conditions, which may lead to the
obligor's inadequate capacity to meet its financial commitments.
BBB:
S&P
Long-Term commercial real estate property Issuer Credit Rating - An
obligor rated 'BBB' has adequate capacity to meet its financial loan
commitments. 'BB' indicates that the least degree of speculation and
'CC' is the highest. While such obligors may have quality and
protective characteristics, these outweigh large real property
uncertainties or major exposures to adverse conditions. It also
offers adverse economic real estate conditions or changing
circumstances are more likely to lead to a weakened capacity of the
obligor to meet its financial commitments. These obligors rated 'B'
'BB', 'CCC', and finally 'CC' are highly regarded as having the most
significant speculative characteristics.
Bad
Debt Loan:
A
financial debt that is owed, but is uncollectible due to a possible
bankruptcy, the holder having zero assets or the demise of the debt
holder, and is therefore completely worthless to a lender or
creditor.
Balloon
Loan:
A
short term loan that the loan payment structure is based off of an
amortization, but has a loan term that requires a lump sum financial
payment of the entire loan principal balance at the end of a shorter
term. These loans are common in the commercial real estate lending
industry with standard commercial mortgage with thirty year
amortizations and ten year loan terms.
Balloon
Mortgage Loan:
A
short term real estate term loan that allows for payments based on a
longer amortization. Balloon mortgages are primarily used on income
producing property. These investment loan are written to give
borrowers a smaller mortgage payment in regular equal amortized
monthly installments, but with a maturity date well before the debt
is paid in full.
Balloon
Payment Loan:
A
final lump sum payment that is required to be pay the existing loan
or mortgage debt with a sale or refinance of the asset. This happens
at the end of the short term loan contract by paying the existing
balloon loan balance in full. These loans are usually short-term
lower fixed-rate loans that involve smaller loan payments through
longer amortizations over a certain time period and one lump sum
payoff for the remaining principal loan balance. The contract due
date takes place at a specified time. Balloon mortgages typically
offer lower fixed interest rates for an initial time period usually
for three, five and ten year terms. After which the loan will either
come due, or become an adjustable rate loan once the time period
elapses. Again, loan balances that are due, are either refinanced,
float to an adjustable, or paid off by the borrower. Balloon
payments happen when the final principal loan balance lump is due
after the sum payment is made at the maturity date. The scheduled
payment is then due at the end of a loan term, requiring a
substantial loan payoff. The short term balloon loan occurs when the
regular monthly payments fail to pay off all interest and principal
owing over the term of the mortgage or loan.
Balance
Loan:
The
remaining amount of debt owed on a account or due on a loan. Balances
are looked at by lenders as either assets; such as in a checking or
savings account, money in stocks, bonds and 401ks or as liabilities
such as mortgage accounts, credit cards, etc. Lenders will review
both when qualifying for a loan considering the actual amount saved
verses the actual amount owing.
Balance
Sheet Loan:
A
financial statement usually prepared by an accountant, presenting a
monetary measure of a business's assets, liabilities and net
worth at a current point in time. Balance sheets allow lenders to
underwrite these documents to qualify a loan request for the
company's financial position at the end of an accounting period by
listing an entity's assets, liabilities and owner's equity of a
specific date and time.
Balance
Transfer Loan:
A
process usually conducted through a credit card companies to move
loan accounts or credit card debts from one loan issuer to another.
Balance
Transfer Fee Loan:
A
fee usually charged to credit card customers for relocating or moving
their outstanding loan balances from one credit card company to
another. The fees charged can be either a flat fee or a percentage of
the amount transferred.
Bank
Loan:
A
financial institution that works with people by helping them store
cash money at bank rates to be deposited safe, offering checking,
savings plans, credit cards, and loans to borrowers. Banks offer bank
rates that are required to be chartered and to meet certain financial
reserve obligations. Bank chartering is done by the Comptroller of
the currency for foreign and national banks, either through the
Federal Reserve System for state chartered member banks, the Federal
Deposit Insurance Corporation for insured banks, and through the
state regulatory agencies.
Bank
Holding Company Loan:
An
investment company that may control or own one or more banking
institutions. These companies are connected with banking such as
leasing companies, credit companies, and insurance companies. The
majority of bank holding companies can be recognized by the words
'Banc' in their title.
Bankrupt
loan:
A
business, person, corporation, other entity that has become incapable
financially, to make the required monthly finance payments, and
subsequently is unable to compensate or reimburse the debt
obligations owed. The debtor or defaulter then seeks out legal
protection to stop the debt collectors through an attorney who
initiates a court proceeding to work out a payment structure and/or
erase the debts entirely. A judge will order the bankrupt debtor, by
requiring a complete or partial surrender control of all or some of
the personal or company's assets to a court ordered trustee.
Bankruptcy
Loan:
A
US federal law that allows financial relief for a person or business
by taking their assets and turning them over to a court appointed
trustee and then used to pay off any and all outstanding debt
obligations. This negative act can occur when an entity owes debt far
more than they have the ability for repayment. The US federal
bankruptcy code is a more familiar name for Title 11 of the United
States Code, which is the federal bankruptcy law. Bankruptcy
proceedings take place in a federal court in which a defaulter or
debtor is financially strapped, broker, and unable to make payment to
debt collectors when due, and thereby is seeking debt relief to work
out new lower financial payments and/or erase debts entirely.
Bankruptcy
Trustee Loan:
This
trustee can be a private individual or corporation that is appointed
by the courts in all cases of bankruptcies for Chapter 7's,
Chapter 12's, and Chapter 13's in legal cases that
represent the financial interests of a bankruptcy estate along with
its creditors seeking reimbursement.
Bargain
and Sale Deed Loan:
A
legal trust deed that warrants that the grantor has done nothing to
harm or cloud the title. In this deed, the grantor recites a
consideration and purports to convey the real estate as clear and
equitable title with a covenant against the grantor's acts as legal
and binding in a court of law.
Base
Price Loan:
The
term is related the purchase of an automobile and stipulates the cost
of a car without any options. The base price comes with what you see,
including standard factory equipment, with factory warranties and
freight. This price is printed right on the Manufacturer suggested
retail price (MSRP) sticker.
Base
Rate or Point Loan:
It
is an index used as the barometer on when or how the interest rate
will adjust over time. The base or point rate which is more commonly
called an index is used to determine fixed and adjustable rates.
Indexes are used as the benchmark to set the interest rate tone for
borrowers. Indexes are then compiled with a margin or spread over
T-bills for home loans and commercial loans and prime rate Interest
rates on credit cards. The base or index rate, is sometimes referred
to as the repo rate, which is the minimum rate a bank is prepared to
lend money on. This benchmark is a guide for other interest rates on
business loans, student loans, personal loans and mortgages. Indexes
used vary through out the world and change sporadically watching
money markets, Wall Street operations unfold, or by changing the
dealing rates at which banks buy bills from discount houses.
Basis
Point (BPS) Loan:
Used
primarily by commercial and residential mortgage capital lenders,
these points are described as one hundredth of one percent (1/100th
of 1.0%). Then denomination amount is utilized as a spread or margin
over an index such as the ten year Treasury bill. The spread is equal
to one hundredth of one percent in yielding an investment of .01%.
Basis points are determined by a given amount and then used as a
margin or spread over an index interest rate. Basis Points will vary
high and low by the overall quality of the real estate property from.
An example would 4.0% + 200BPS = 6.0% interest rate.
B,
C & D Lender or B, C & D Loan:
The
letters indicate the quality and rating of either the borrower's
credit when it is relating to home loan qualifying, or the commercial
property type when relating to commercial real state mortgage loans.
Mortgage lenders offer B, C & D credit loan programs based on the
level of problem or troubled criteria. Residential B & C Loans
that do not meet borrowers credit requirements based on Fannie Mae
and Freddie Mac guidelines may be called or just considered B, C and
D paper loans. These loans have negative credit issues and are
offered to borrowers that may have had too many credit inquiries,
charge offs, collections, filed for bankruptcy or in foreclosure.
Commercial lenders primarily look at the loan size and property type
when determining the B, C or D loan quality. Their purpose is to
offer temporary or permanent financing to applicants to help better
their credit or fix up the property to then qualify for better
interest rate financing. The interest rates and programs will vary
from fixed to adjustable, based on a variety of the borrower's
financial stability, income property strength and overall credit
history.
Beneficiary
Loan:
A
person or entity that receives a benefit, or will be the recipient
from a benefactor of benefits resulting from acts such as
inheritance, profits or advantages from whom such benefits a trust is
then created.
Bill
of Sale Loan:
A
legal document which is drawn up by an attorney or written by and
person to transfer title of personal property from willing seller to
willing buyer. A written instrument by which one person conveys his
or her right, title or interest in personal property to another. The
statement will show the transaction details of a sale purchase.
Bill
Presentment Loan:
Banks
offer this service for business and personal banking. It allows for
online payments through a trusted financial system to gives customers
the authority to receive, view, and make payments to his or her bills
on a computer Users can pay their bills electronically with a point
and click method instantly and the money is transferred safely from a
designated checking or savings account.
Billing
Cycle Loan:
The
number of days in a month calculated between the last monthly
payment. The loan statement received should outline the dated date
and the current loan payment date.
Billing
Statement Loan:
A
monthly bill, that documents principal and interest charges sent out
by business lenders, home loan lenders, and credit card lenders to
the borrower. It also gives borrowers a monthly to annual summary of
loan payment activity on a specific loan account, including the
balance, recent card purchases, mortgage payments and finance
charges.
Binder
Loan:
A
written commitment issued by a title insurance company to insure
title to the property. A preliminary agreement subject to the
conditions and exclusions shown on the binder and is secured by an
earnest money payment under which a buyer offers to purchase real
estate property.
Biweekly
Payment Loan:
This
is a loan program used primarily for borrowers with home mortgages,
designed to cut down mortgage interest faster by paying half of the
regular monthly payment every two weeks. By making these required
mortgage finance payments every two weeks, it significantly reduces
the loan interest debt instead of paying on the usual monthly
mortgage payment schedule. Over a year's time, the twenty-six
biweekly loan payments made, possibly twenty-seven results to the
borrower given a faster lending amortization leading up to a
substantial interest rate savings with a faster principal mortgage
reduction and can be drafted by the lender, in escrow, by the
borrower's financial institution for automatic withdrawals from a
bank account.
Black
Book Loan:
An
auto industry finance guide used by lenders as a reference appraisal
guide to determine the auction value of used automotive vehicles. The
publication is written by the National Auto Research industry.
Blanket
Mortgage Loan:
A
real estate mortgage loan that places a deed of trust (Mortgage note)
on multiple real estate properties that a borrower owns. The loan can
wrap up a variety commercial and residential real estate property,
with a single mortgage covering two or more pieces of real property.
Blue
Book Loan:
A
publication known as the Kelley Blue Book is a financial reference
guide for valuing used cars. Auto and car lenders like to use this
guide when giving loan approval. It is one of several car appraisal
reference guides used to evaluate used automotive vehicles. The
assessment guide is sometimes called the Blue Book Value based on
today's current market. The Blue book reports on the current
wholesale market value and retail value for foreign and domestic
automotive vehicles.
Bond
Financing:
Used
primarily for financing commercial real estate to obtain a high
loan-to-value commercial loan. This type of special financing
promises to repay the principal amount given or borrowed along with
an interest on a specified date.
Bond
Loan:
An
interest-bearing financial certificate of debt with a maturity date
of up to 30 years. A real estate bond is a written capital obligation
usually secured by a mortgage loan or a deed of trust. Bonds are
issued by a government agencies or businesses promising to repay bond
holders a specified rate of return at a sum on a specified date.
Borrower
Loan:
An
individual requesting the use of a loan or credit to finance the
refinancing or purchasing if an asset. A borrower is a person who
applies for capital or funding, contributes income and credit history
to the qualification process of a loan and whose names appear on all
closing documents in order to receive a loan. Once the credit advance
is accepted in writing, the borrower is then obligated to repay it
back along with interest and fees according to the agreed lending
terms. Borrower's, can also be considered Mortgagors, if the
person receives a real estate loan and is obligated to repay the real
estate loan in full. A mortgagor who receives loan funds has an
obligation to repay the principal with interest. Each additional
borrower or mortgagor is liable for the debt and condition of the
real property.
Borrowing
Loan:
In
order to borrower, an individual would have to be given the use of
money, or credit. The question is then how much to borrow and will
you need a loan or short loan. The smaller amount, the better
depending on what the money will be used for. Businesses use bank
credit lines or a line of credit based account receivable income.
Credit cards can also give instant cash money to the owner to
increase purchasing power. If the borrowing is from a checking
account, make sure you have an overdraft protect account on your atm
or debit credit card.
Breach
Loan:
A
lawful violation written or unwritten of the specified terms of any
legal obligation.
Break
Even Point Loan:
A
median income verses debt threshold point to which the total income
equals the total expenses. An equal monetary balance where a lender
will look at the borrow understanding the he or she is not gaining
nor losing financial momentum.
Bridge
Loan:
A
short term loan that is offered mainly by commercial and home loan
mortgage lenders for a brief amount of time. Bridge loans are quick,
yet expensive to help borrowers finance a gap between one loan to
another. Also known as a swing loans, these short-term bridge loans
provide quick and fast temporary lender financing until more
permanent financing can come along or a better take-out financing is
available. Bridge loan financing are quick loans that expect to be
paid back relatively quickly by a longer term loan. Because bridge
loans are used for short term financing, lenders design them with
little or no prepayment penalties, and are quick to fund to help real
estate buyers, sellers, and commercial/residential developers. Bridge
capital assists borrowers who need quick loans to pay off higher
interest rate mortgage loans that may need more time to build up his
or her real estate project. Bridging Loans offer quick and fast
lender capital to be used by real estate developers of real property
who need mortgage funds in a limited period of time. Major banking
institutions and private real estate lenders can offer a variety of
flexible shot term bridging finance. Land developers utilize fast
bridge loans when financing is either come due or they do not have
the time to develop or sell the project. The advantages to most
bridge loans are that they can be prepaid at usually no cost with
little or no prepayment penalty. Short term financing is popular for
borrowers who don't have the time or patience to deal with
traditional bank underwriting guidelines.
Broker
Agreement Loan:
A
written real estate document required to be signed by both parties to
sell, buy, lease or finance real estate. The agreement is issued by a
real estate sales office, or a mortgage broker looking to seek out
financing for a borrower. The real estate contract is between a
borrower and a broker describing the duties and requirements of all
parties involved in what the broker will do for the borrower, along
with the terms of the agreement, time frame and to including the
brokers compensation if he or she produces the result.
Broker
Fee or Broker Compensation Loan:
The
amount of points charged by a mortgage broker based on the borrower's
loan amount, or the amount of money a sales brokerage commission will
be based on the sale price.
Broker
Loan:
An
intermediary, a go between for the borrower and lender. A financial
loan consultant who brokers loans. A loan agent, identifying
themselves a investment banker, mortgage brokers who help arrange
loans between lenders and borrowers, business loan broker, a
commercial loan broker, or a home loan broker, all with the objective
to find a loan for the borrower. Brokers are not all required to be
licensed in order to obtain financing for borrowers, but most are
normally licensed within their residing state. A broker usually works
for a commission or a charging a loan fee called 'points'
by assisting in the negotiations of a real estate loan transaction.
Brokers are intermediaries, also known as the middleman between two
or more persons engaged in a business finance or real estate
transaction. Real estate brokers however, arrange property sales and
leasing between buyers, sellers and tenants of residential or
commercial real estate property.
Budget
Loan:
A
detailed record of all income and expenses earned and spent for the
period of time that is specific. A financial statement detailing the
borrower's plan of income and expenses to run a business,
expand, rehab, or developing of real estate budget expected over a
certain period of time. A budget can provide the necessary guidelines
for managing future investments and expenses when obtaining a loan.
Building
Code Loan:
Local
and national law enforcement to regulate the construction and
building use that specify minimum structural safety requirements for
the design of, lending construction of, and tree type materials that
are allowed to be used on a residential home or commercial industrial
and office building property. Building codes are regulations drawn up
over time based on safety features and health hazard standards.
These set of laws are designed to develop standard building codes
universally agreed upon safety building and lending standards within
specific tree line areas, with policy regulations that determines the
design, construction, and materials used in the construction of
buildings. It is a system of regulations established by local and
national governments to set forth the structural requirements of
building construction.
Business
Plan Loan:
An
important financial document required by lenders that describes a
business organization's current financial status and income &
expense plans for several years into the future. Business plans give
lenders and investors a story line as to when, what, where and how
the business will succeed by projecting future opportunities with
resumes, maps and procedures to the financial operations, marketing
and organizational strategies that will enable the business to
achieve its projected goals.
Buy
Down Account Loan:
This
is an account where funds are to be held and then applied as part of
the borrower's monthly mortgage loan payments as each monthly
payment comes due during the loan period that the interest rate buy
down mortgage plan is in effect. This is done by the borrower paying
the buy down monies directly to the lender at closing. Buy down loans
come in many forms based on mortgage lender home loan options.
Buy
Down Loan:
Purchasing
and paying for an interest rate reduction to lower a borrower's
monthly mortgage payment. The reason borrowers request a buy down
loan which may or may not be temporary, is to significantly lower
their loan finance payments thereby qualifying more easily for
mortgage funding. Interest rate buy downs give borrowers an added
edge by initially qualifying for a loan at a lower income level for
fixed periods before an interest rate will then climb back to market
rate levels. Loan Buy downs come with many features, however the
lender finance process of paying additional points or fees on a these
loans remain the same. The goal is to reduce the borrower's
monthly payments is common in the lending industry with the main two
lender types; Permanent loan buy downs, and Temporary loan buy downs.
Permanent loan buy down financing requires a sufficient amount fees
or points paid upfront in prepaid interest. Temporary loan buy downs,
require a much smaller amount out of pocket expense to interest being
paid up front to lower mortgage payments. These buy down loans are
used to qualify borrowers for a lending amount that they would not
otherwise normally qualify for, but will be able to pay in subsequent
years as his or her income increases. Mortgage lenders believe that
offering capital in this type of financing arena, because it helps
borrowers qualify their income now, but the payments will continue to
increase along with their income. Mortgage loan Buy downs can also be
available when a lender, developer or home builder subsidizes the
mortgage by lowering the interest rate during the first few years of
a loan to entice first time home loan buyers. While the mortgage loan
payments are initially low for the first few years, home buyers
income will increase when the special builder subsidy buy down
funding expires.
Buyer
Loan:
An
individual or entity that requests loan financing to purchase real
property, an automotive vehicle or car, or anything else listed for
sale, and is then primarily liable for repayment of the loan.
Buyer's
Agent Loan:
A
real estate brokerage or salesperson usually identified as a Realtor,
who is then engaged by a buyer to represent the buyer drawing up
contract offers in a residential 1 thru 4 unit purchase or 5 units
and above commercial real estate transaction. Once the buyer has the
acceptance, then a loan may or may not be needed.
C:
S&P
Long-Term Commercial Real Estate Issuer Credit Rating - A
subordinated loan or preferred stock obligation rated 'C' is highly
vulnerable to nonpayment. A 'C' may be assigned to a preferred stock
issue in arrears on dividends or sinking fund payments. However, it
is currently paying the debt. The 'C' rating is used to cover a loan
situation where a bankruptcy petition has been filed or similar legal
action has been taken, but that payments on this obligation are being
continued.
CC:
S&P
Long-Term Commercial Real Estate Issuer Credit Rating - An obligor
that is rated a 'CC' is highly vulnerable.
CCC:
S&P
Long-Term Commercial Real Estate Issuer Credit Rating - An obligor
that is rated 'CCC' is vulnerable. The obligor relies upon favorable
financial, business and economic real estate conditions to meet the
financial obligations.
Call
Option Loan:
A
lender applies a funding provision in a loan, to allow for the bank
or financial institution, to lend money out with the legal right to
accelerate a borrower's capital debt payment. If a borrower is
late on their monthly debt payments, a lender would be allowed to
call the loan due, requiring a borrow to make full payment of the
loan, usually with a sale or refinancing based on a specified finance
period or per the lending guidelines.
Campus
Based Aid Loan:
Student
financial aid loans are funds which are provided to colleges from the
government. Student lending programs are included in the campus based
aid in conjunction with the Federal Work study program, Pell Grants
and Federal Supplemental Education Opportunity Grants (FSEOG)
programs. The student loan eligibility is given theses program
options based on what the college has available to financial aid
applicants looking to receive the academic funding.
Cancellation
Loan:
A
borrower may have the lender cancel his or her loan due to unforeseen
negative circumstances, such as a death or financial disability.
Cap
Loan:
A
provision of an adjustable rate mortgage (ARM) giving the borrower a
safeguard by limiting the adjustments to an ARM interest rate
mortgage payments. The cap rate has a ceiling to limit how much the
interest rate or loan payments may increase or decrease over time.
Cap loans protect borrowers from large mortgage payment increases in
a upward interest rate market. Cap loans offer borrowers loan options
with ceilings based on periodic loan payment caps, lifetime loan rate
caps and periodic loan rate caps. Thus, limiting the amount for risk
placed on choosing adjustable rate financing, and consumers can
figure on how much their monthly payment or interest rate can
increase or decrease over time. It is also the maximum interest rate
that an adjustable rate mortgage can increase, regardless of rate
index changes. Periodic loan cap limits are popular to see how much
rates can increase at adjustment periods, however the lifetime loan
rate cap limits offer stability into how much rates can rise during
the loan term. Payment caps are a smart option for residential and
commercial mortgage loans, by limiting the finance risk of how much
the monthly mortgage payments may increase.
Capital
Loan:
The
accumulated wealth or net worth of a borrower which can be seen on
the financial statement by adding up the positive cash balances and
assets that exceed the liabilities section. Capital is the asset
amount of a borrower's money and other capital assets such as
real estate that allows for financing personal and business goals.
The money or assets are used to create income, by making the borrower
an investor to purchase items of worth, gain funding leverage, or for
capital investments into business opportunities or income producing
real state. Capital is a borrower's fund, a positive resource
by showing the wealth saved in savings accounts, owned in real estate
or invested and used for personal or business.
Capital
Expenditure Loan:
The
cost of an improvement made to include replacements of major
commercial and residential real estate building systems, such as
roofs, walls, windows, landscaping and driveways. Capital
expenditures are necessary to extend the useful life cycle for real
property as well to add its worth, such as adding square feet for
commercial tenants or a an extra room addition through a home equity
loan. The cost of repairing real property may offer immediate value
or may appreciate over time. These expenditures show as line items on
a profit & loss statement that would be expensed over time as the
repairs are done and then subtracted from the property's income
for the current year on an annual basis helping real estate investors
utilize tax write-offs.
Capital
Improvement Loan:
Capital
improvements are defined as constructing or building large scale
structures such as walls, adding an entire commercial or residential
floor, to a new building while improving a residential or commercial
real estate property. The improvements are permanent structures
erected as a permanent foundations to expansion to real property that
adds to its property value.
Capital
Market Loan:
Wall
Street loan capital with certain loan funding guidelines that are
being traded, purchased and sold through financial markets,
institutions and individuals that that buy and sell large pools of
commercial and residential real estate loans exchanging commercial
mortgage back securities, in particular long term Wall Street real
estate conduit debt instruments.
Capital
Services Loan:
Capital
services are business loans estimated as the capital weighted income
average of the financial growth business rates of each capital asset.
Capital services finance assets such as company equipment and
business software to provide additional services, not so much on real
property. It is services that flow like for financing account
receivable loans and asset based lending derived the physical assets
and software. Capital service assets are comprised of a company's
office equipment, software packages and business inventory lines.
Capitalization
Loan:
Long
term permanent real estate finance debt that includes the existing
mortgage. Capitalization is the amount of capital financed by a
borrower and is required to repaid back to the lender including
overall interest charges. It is considered by a lender as the loan
capital of a loan fund based on preferred stock and net worth.
Capitalization
Rate Loan:
Better
know as Cap rate, it is a commercial real estate investment process
used to estimate the property value based on the rate of return on
investment. An investment guide for real estate investor's to see
what their net cash income yield would be on owning real property.
The cap rate is used as a barometer tool when purchasing investment
property. Cap rates give the marketplace a gauge of costs, sales
prices, and commercial loan options in the current market approach
valuing of an investor's cash on cash return. The income
produced can be decided quickly by knowing the sellers cap rate, and
what it would take to buy and finance that piece of income producing
property along with the income it will yield.
Carry-Back
Loan:
A
real estate loan that allows for the seller to finance part of the
buyer's down payment in order to complete the purchase of real
property. First time home loan buyers can put down little or no down
payment with the seller carry back a second trust deed on the
property to help the buyer avoid the cost of Private Mortgage
Insurance (PMI). Investment loans may allow buyers to put down 15%
when purchase an apartment complex, and having the seller carry back
10% qualifying for a 25% down payment and 75% loan to value from the
mortgage lender.
Carve-Out
Loan:
A
lender requirement in loan documents that are used for the inclusion
of recourse for any fraud or misrepresentation from the borrower.
Cash
Advance Fee Loan:
This
happens when credit card holders use their credit cards or debt cards
at ATM machines to obtain quick cash. The upfront fee charged is due
not using his or her own bank to pull out the necessary cash. Fee is
stated on the information screen as a flat per transactional fee or
as a percent of the amount of the cash being advanced. Cash advance
fee loans are at elevated costs with interest rates begging to accrue
from the moment the money is withdrawn.
Depending
on the financial institution who issued the debit or credit card, the
cash proceeds will most likely be deducted from the cash advance loan
or borrower's money received.
Cash
Available for Closing Loan:
A
borrower's liquid cash assets available to fund the real estate
lenders required down payment and estimated closing costs. Lenders
will look at borrower financial statement to determine whether or not
he or she has the necessary monies needed to purchase the subject
property. Lenders also require borrowers to have cash reserves in the
bank, as the required borrower's cash available for closing does not
include cash reserves for after the loan closes, in making sure the
borrower is able to upkeep the real estate property in good
living/working condition. Usually, lenders like to see the borrower
have 10% of the loan amount is cash reserves, which could be in
savings, stocks, bonds, 401k's so long as the money is liquid.
Cash
Flow Financing Loan:
A
short term business loan based primarily off of a company's
accounts receivables to facilitate funding for the company's
cash flow needs. Cash flow lending gives a business the additional
capital needed to take care of any shortfall in the budget, by
foreseeing higher cash revenue in the near future.
Cash
Needed Loan:
It
is monies required to complete to loan purchase or refinance and
close the financing loan in escrow. Cash needed is usually based on
an estimated HUD I closing statement outlining the total cash dollar
amount necessary to cover the down payment, payoff of lenders and
third party closing costs to include first loan installment.
Cash
Out Refinance Mortgage Loan:
A
refinance transaction that allows borrowers to pay-off existing
mortgage loan debt as well as to take excess cash money from the real
estate equity. Cash out refinance loans are used in commercial and
residential home loan transactions for property upgrades,
improvements, lender and broker closing costs, debt consolidation
and/or to purchase additional real estate property in which the new
mortgage loan amount will be greater then the trust deed(s) payoff
amount. Real estate owners borrow against the equity in their real
estate to provide them with additional cash funds.
Cash
Reserves:
A
cash amount that lenders require to be held in reserves above and
beyond the down payment and loan closing costs. It is the amount of
available cash remaining after closing of the loan to make their
mortgage payments and for emergencies.
Caveat
Loan:
A
stipulation in loan documents or legal preceding that constitutes a
warning, a limitation, or caution to the prospective borrower.
Caveat
Emptor:
This
phrase comes from Latin meaning "let the buyer beware." It
essentially means that a buyer of an income producing property such
as an apartment or multifamily project buys it at his or her own
risk. Caveat Emptor "Let the purchaser beware" holds the
real property purchaser as their duty to examine the real estate
property that is being purchased and thereby assumes the real estate
condition which should be known upon view. The seller, however is
not under obligation to disclose defects, but cannot actively conceal
a known property defect or lie if requested by the purchaser.
CC&R's:
Articales,
Bylaws and CC and R's are usually written up by a home owner's
association as governing covenants, conditions and restrictions to
the subject property being purchased. These property ownership rules
establish the rights and obligations of an owner of real property
within a set guidelines of a housing tract, subdivision, town home or
condominium tract of land with relation to other real estate owners
within that same tract. It is made up of an association of property
owners organized by a board of directors for the sole purpose of
operating and maintaining real property owned by multiple or
individual owners.
Ceiling
Rate:
A
maximum interest rate charged on a variable or adjustable mortgage
rate loan that can accrue over a lifetime loan rate cap.
Certificate
of Deposit Index (CODI)
A
bank or S&L instrument representing the investment of funds for a
guaranteed return. A Certificate of Deposit Index (CODI) is based off
the 12 month average of the monthly average yields on the nationally
published 3-Month Certificate of Deposit rates. Banks and Savings and
Loans calculate the average by adding the 12 most recently published
monthly yields together and dividing the result by 12. Information on
monthly yields on 3-month certificates of deposit in the secondary
market are published by the US Federal Reserve Board. These loan
indexes are averages of the secondary loan market interest rates on
nationally traded Certificate of Deposits, more commonly known as
CDs, which are issued by savings banks and financial banking
institutions. CD rate indexes can be volatile, generally considered
to move up or down quickly with market changes.
Certificate
of Taxes Due:
A
property tax statement of the condition of the taxes on a piece of
real property written by the county treasurer of the subject county
where the real property is located.
Certificate
of Title:
A
legal document issued by a title insurance company outlining a real
estate property's legal ownership, belongings and real estate
boundaries. This takes place during a property or land sale allowing
title to be transferred at escrow closing giving the buyer free and
clear property of all liens, encumbrances or other claims. In some
states this document can be provided by an abstract company or
attorney at law transferring title to said real estate based on
public records. This written legal opinion is vital in setting forth
the legal status of title ownership to real property as shown in the
public records. It states the current condition of a property title.
Chain
Link:
A
property survey of real estate land measurements. These meets and
bounds are made of a chain which is 66 feet in length or 100 links
with each link at 7.92 inches in length.
Chain
of Title:
It
shows the property ownership history of all of the legal documents
affecting said title to a specific parcel of real estate property,
starting with the very earliest existing legal held title documents.
It gives the buyer a chain of events in relation title ownership
showing the transfership from grantor to grantee in the public land
records. A real estate property history of consecutive ownerships and
transfer of ownerships in title to a tract of real property land.
Chapter
7:
A
bankruptcy code providing for the personal liquidation of assets,
such as the sale of a debtor's nonexempt property and the
distribution of the proceeds to payoff collectors and creditors.
Chapter
11:
A
bankruptcy code allowing a business company to reorganize debt
usually involving small to large corporations or LLC partnerships.
The purpose is to allow a business to keep operating while a plan of
reorganization gets in place keeping creditors at bay. Corporations,
businesses or individuals seek bankruptcy relief to reorganize their
business operations so that they can remain in remains in control of
the business and its operations.
Charge
Off:
Shown
on a credit report, charge offs happen when a debt creditor does not
expect a debt to be paid and essentially gives up. However, it does
not mean that the amount is no longer owed or that there will not be
future attempts to collect the debt.
Chattel:
Is
any item on real property other than actual real estate, which is
usually referred to as personal property. It can be larger or small
so long as it is movable.
Clear
Title:
Real
property ownership that is 100% title which is marketable and free
and clear of any and all liens, defects, encumbrances, claims or
legal questions as to the title ownership of real property.
Clearance:
When
building a commercial real estate property, this term is used to
determine the distance between the commercial building's floor and
effective storage ceiling height.
Climate
Control:
Commercial
industrial and self-storage facilities utilize this term to represent
climate temperatures that are controlled in commercial property
space.
Closed
Account Fee:
Escrow
companies and lenders may charge this fee when earn-outs are
required, construction loans or servicing charged for shutting down
and closing an account. In some cases, this fee can be charged if an
account is requested to be closed down before a certain time period
has passed known as a prepayment penalty.
Closed-end
Mortgage Loan:
Also
called a closed mortgage, it is a commercial mortgage in which the
repayment may not be made prior to a maturity date. This loan may
also require repledging of similar assets if not the same type of
collateral with the bondholder's authorization.
Closing:
Also
known as a settlement, this is a meeting usually held in escrow,
title or attorney's office where all legal property documents
are signed, notarized and all expenses are paid for the real property
transfer of ownership.." A closing or settlement, is when real
property is legally sold and transferred from one seller to a buyer.
It is at this time that the borrower will then take possession of
real property and more than likely initiate debt on the property in
the place of a mortgage loan, closing costs, receiving title from the
seller. Closing is construed as a meeting between the buyer, seller
and lender (or their agents) where the property and funds legally.
The meeting requires borrowers, sellers, and any legal documents
involved in the commercial real estate property transfership to be
present. Closings include the delivery of a trust deed, signing of
legal notes along with a disbursement and collection of deposits and
mortgage funds necessary to complete the property sale. It is the
final meeting where a property sale and transfership.
Closing
Costs:
Closing
costs are a consortium of fees when purchasing or selling commercial
investment property. Fee's range from real estate broker
commissions, loan discount points, lender origination fees,
attorney's charges, taxes, title insurance premiums, third parties
for obtaining appraisals, inspections and surveys, escrow agent fees,
etc. A general financial term when describing fees that sellers and
buyers pay are called "settlement fees." Closing costs in
real estate property sale are paid upfront and or closing during the
transfer of real property ownership while involved in closing real
estate transactions over and above the price of the real estate.
Cloud
on Title:
A
problem claim or lien, revealed by the title insurance search, that
negatively impacts an owner's title to real estate. It is an
outstanding claim or encumbrance that may affect a buyer's goal
of achieving clear title from the seller. A cloud on title is removed
legal means by which a quitclaim deed is drawn up to release, or
court action is required. Real estate having an irregularity or
claim, or negative encumbrance that impairs it.
CLTV:
Combined
Loan to Value by adding up all debts of 1st, 2nd
and possible 3rd trust deeds subtracting from the
appraised value.
CMBS
Loan:
Commercial
Mortgage Back Securities. Wall Street securitization issuing bonds or
other financial obligations secured by a pool or group of commercial
mortgage loans.
Co-Borrower:
A
secondary guarantor who helps the borrower qualify for a commercial
loan. Co-borrower's help by contributing their expertise,
resume and income for the qualification mortgage process of obtaining
a loan. Co-borrowers are responsible and liable for the loan and
property condition.
COFI
(Cost of Funds Index):
A
market index which is primarily used by apartment and
multifamily/apartment lenders when offering adjustable rate mortgage
loans. It is a good slow moving index to use when deciding on a
variable rate mortgage loan. See 11th District Cost of Funds.
Collateral:
An
asset made of real and personal property that is used as security for
a repayment of a commercial loan. These assets pledged are to secure
the lenders repayment of a loan. Commercial lenders need real
property for security as a funding guarantee that the borrower will
repay the loan. SBA loan lenders like the additional security to
obligate the borrower incase the loan goes into default. It is a
value based on real or personal property which the borrower agrees to
pledges as additional security for a loan. Commercial mortgage
lenders like to be trust deeds, by giving them the right of title to
property to take over and sell if a borrower does goes into default
with their mortgage payments.
Combined
Loan-to-Value (CLTV):
A
commercial loan value ratio based on the total amount borrowed on all
mortgages against a property, and comparing it to the appraised value
of the subject property. This amount equals all of the debt secured
by the security as a percentage of the total amount estimated value
of the property.
Commercial
Bank Loan:
A
commercial financial banking institution can provide private
portfolio commercial mortgages as well as a broad range of conduit
commercial loans, business loans, construction loans and commercial
lines of credit.
Commercial
Conduit Loan:
Conduit
loans are known as the most competitive commercial fixed rate loans.
The low rates, fixed terms and stability is the main reason, but
prepayment of this loan will not happen unless a buyer assumes the
existing loan. Mortgage Bankers are the main source in offering
borrowers long term fixed rate commercial and multifamily loans.
Banking institutions are also good funding sources for conduit loans
when securitizing commercial real estate.
Commercial
Land Loan:
Zoned
commercial, the real property allows developers the option to build
commercial real estate development investment grade use in the form
of office buildings, shopping centers, hotels, and apartment
financing.
Commercial
Lender:
Commercial
banking institutions that finance permanent, construction and bridge
loans on investment properties. These commercial lenders can
including local and national commercial banks, commercial mortgage
bankers, credit unions, mutual savings banks, private commercial
lenders, savings and loan associations, savings banks, REIT's,
insurance and trust companies.
Commercial
Loan:
A
business loan that can be used for short or long term goals to
finance a company's funding needs primarily for working capital.
Commercial loans come in a variety of lending programs to fit each
business objectives. These loans may be secured by the business or by
real estate as collateral.
Commercial
Mortgage Loan:
A
trust deed secured by investment real estate. A mortgage loan placed
on income producing real estate or other related business type
purposes such as land development loans, apartment loans, golf course
finance, etc.
Commercial
Mortgage Backed Securities (CMBS):
The
CMBS market is where Wall Street issues bonds or other financial
obligations secured by a mortgage portfolio of mortgage loans.
Conduit lenders, banks and mortgage bankers buy and sell these
mortgage investment pools to own, trade, or servicing of the
commercial real estate loans. Securitization is what allows these
investment mortgage pools to be comprised or hotel loans, apartment
loans, office building loans, etc., which are all pooled together
into large sums comprising of commercial real estate investment loans
on multifamily, hotels, office, self storage, retail, mobile home
parks, industrial, etc., that are securitized and sold off to
usually large intuitional investors. Wall Street securities offer
mortgage pools that are collateralized by a variety small to large
commercial mortgages.
Commingling:
It
is the mixing of investor monies belonging to others with personal or
business funds. Investment funds whereby investors can withdraw funds
at any time, or whereby investors can be committed once they have
invested. Commingled funds can be used to attract foundations or
endowment monies. Commingled Funds can be set up by lender to attract
pension fund dollars into real estate. On the other side, commingling
can be illegal if someone is using the money of one beneficiary for
the benefit of another, or failure to maintain the money in the
proper escrow account.
Commission:
A
percentage amount, based on either the property sales price if a real
estate sales broker, or loan amount if a mortgage broker or banker
funding the loan. Commissions are usually collected by a the lender
or real estate professional as a fee for negotiating the loan or
sales transaction.
Commitment
Loan:
A
pledge or promise by a commercial lender to make good on funding a
loan on specific lending terms or finance conditions to a buyer or
home builder. Also known as a commercial loan commitment, it is a
formal written letter by a banker outlining terms and conditions
agreeing to lend money. An obligation by an commercial mortgage
lender to fund the investor's real estate purchase based on
specified loan terms or funding conditions. A mortgage loan document
issued by a direct lender that contains the loan conditions and under
which a title policy of insurance will be issued. A lender agreement
in writing, between a commercial lender and an investment borrower to
loan money at a future date, subject to the completion of paperwork
or compliance with stated conditions. A commitment letter from a
mortgage lender stating in writing that the borrower's loan has been
approved, specifying loan terms for which the commercial lender
agrees to make a mortgage loan.
Comparables
(Comps):
Lenders
require MAI appraisals to utilize Sales comps in the subject property
area. Sales comparables help commercial MAI appraisers to determine
the approximate fair market value of the subject property. Comparable
investment properties are used for comparative real estate purposes
in the appraisal value process. Comparables are commercial investment
properties that have close to the same size, location, and property
amenities that have recently been sold.
Comparative
Market Analysis:
A
property value estimate of income producing real estate that is based
on an analysis of commercial sales with similar property
characteristics.
Compound
Interest:
Mortgage
Interest which is paid on the principal loan balance, and is accrued
and unpaid interest. It is paid on a loan's principal and on any
unpaid interest. Also known as capitalization, it can increase the
amount of money a borrower must repay to a lender and can increase
the monthly payments.
Condominium
Conversion Loan:
Rehabbing
an apartment or office building into the condominium form of real
estate ownership.
Condominium
Hotel Loan or Condotel Loan:
A
condominium real estate project that is a rental property with hotel
style registration desks, food and telephone services. Usually
cleaning services are offered operating as a hotel while the units
are owned.
Conduit
Mortgage Loan:
The
financial intermediary that sponsors the conduit between the
lender(s) originating loans and he ultimate investor. The conduit
makes or purchases loans from third party correspondents under
standardized terms, underwriting and documents and then, when
sufficient volume has been obtained, pools the loans for sale to
investors in the CBMS markets.
Convertible
Loan:
An
option available on some adjustable rate mortgages (ARM's) that
allows the loan to be converted to fixed rate mortgage. Conversion
usually involves paying a one-time fee and conversion may be limited
to within a certain time - frame.
Cosigner:
Someone
who is willing to sign mortgage loan obligation with you in case you
default on your monthly payments. Normally, the cosigner is required
to go through the same application and approval process as the
original signer of the loan.
Credit
Company:
A
lending organization that obtains it source of funds from the
commercial market.
Credit
Enhancements:
A
loan to provide improvements to the property.
Credit
Report:
A
search through your existing credit history by a qualified credit
bureau to determine if, and the number of times, you may have been
delinquent making monthly payments on previous debts. Even when a
credit report is for the most part positive, many lenders require
written explanation for any negative comments within the credit
report. This type of report is usually required to obtain a mortgage
loan.
Debt
Service Coverage Ratio (DSC):
A
1.0 means breakeven. The ratio is calculated by taking the net
operating income and dividing it by the mortgage payments. Most
lenders look for a ratio of 1.25 or higher.
Debt
Service Loan:
The
periodic payments (principal and interest) made on a loan.
Debt
Ratio Loan:
One
of several financial calculations performed by your lender to
determine if you can afford a particular monthly payment. The debt
ratio (also known as the obligations ratio) is the sum of all your
monthly debt payments including your total monthly mortgage payment
divided by your total monthly income. Typically acceptable debt
ratios for Conventional Loan are 36 - 38%, FHA Loans are 41 - 43%,
and VA Loans Are 41%.
Discount
Rate:
Many
lenders may offer you a lower "teaser" rate on an
adjustable rate mortgage for the first adjustment period. After this
period is over, the lender will adjust your loan according to the
normal lenders margin rate.
Down
Payment:
The
amount of money you put down, normally anywhere from 5 - 25%.
Due
Diligence:
The
legal definition: a measure of prudence, activity or assiduity, as is
properly to be expected from, and ordinarily exercised by, a
reasonable and prudent person under the particular circumstances. In
CMBS: due diligence is the foundation of the process because of the
reliance securities investors must place on the specific expertise of
the professionals involved in the transaction.
Engineering
Report:
Report
generated by an architect or engineer describing the current physical
condition of the property and its major building systems, i.e., HVAC,
parking lot, roof, etc. The report also determines an amount for
calculating replacement reserves, if needed.
Environmental
Report:
Report
generated by an qualified environmental firm to determine potential
environmental hazards in a building's region or within the building
itself.
Environmental
Risk:
Risk
of loss of collateral value and of lender liability due to the
presence of hazardous materials, such as asbestos, PCB's, radon or
leaking underground storage tanks (LUSTS) on a property.
Equity Loan:
1.The
difference between the fair market value and current indebtedness,
also referred to as "owner's interest". 2. The difference
between the amount owed on the loan and the current purchase price of
the home or property
Equity Capital Loan:
Capital raised from owners. In a commercial real estate case, a lender will
also provide equity capital for a percentage of ownership.
Escrow:
1. A special account set up by the lender in which money is held to pay
for taxes and insurance. 2. A third party who carries out the
instructions of both the buyer and seller to handle the paperwork at
the settlement.
Fair Market Value:
An
appraisal term for the price which a property would bring in a
competitive market, given a willing seller and willing buyer, each
having a reasonable knowledge of all pertinent facts, with neither
being under any compulsion to buy and sell.
Fannie Mae Loan:
A congressionally chartered corporation which buys mortgages on the
secondary market from Banks, Savings & Loans, Etc; pools them and
sells them as mortgage-backed securities to investors on the open
market. Monthly principal and interest payments are guaranteed by
FNMA but not by the U.S. Government.
FHA Loan:
Federal Housing Administration, a government agency.
Fixed Rate Mortgage Loan:
A mortgage with an interest rate that remains constant for the life of
the loan. The most common fixed-rate mortgage is repaid over a period
of 30 years; 15-year fixed-rate mortgage are also available.
Floating Rate Mortgage Loan:
See Adjustable Rate Mortgage.
Floor - To - Area Ratio (FAR):
The
relationship between the total amount of floor space in a multi -
story building and the base of that building. FAR's are dictated by
zoning laws and vary from one neighborhood to another, in effect
stipulating the maximum number of stories a building may have.
Foreclosure Loan:
The
process by which a lender takes back a property on which the
mortgagee had defaulted. A servicer may take over a property from a
borrower on half of a lender. A property usually goes in to the
process of foreclosure if payments are no more than 90 days past due.
Forward
Commitment Loan:
A
written promise from a lender to provide a loan at a future time.
Freddie
Mac (Federal Home Loan Mortgage Corporation):
Entity
buys loans from conventional lenders and packages them for sale to
investors as securities.
Government
Loans:
One
of two loan types called FHA or VA loan. These loans are partially
backed by the government and can help veterans and low-to-moderate
income families afford homes. The advantages of these types of loans
in that they often have a lower interest rate, are easier to qualify
for, have lower down-payment requirements, and can be assumed by
someone else if the home is sold. Many mortgage bankers can obtain
these type of loans for you.
Graduated
Payment Mortgages:
A
type of mortgage where the monthly payments start low but increases
by a fixed amount each year for the first five years. The payment
shortfall or negative amortization is added to the principal balance
due on the loan. The advantages if this type of loan is a lower
monthly payment at the beginning of the loan term. This disadvantages
are typically a slightly higher rate than traditional fixed rate
mortgage loan and lenders usually require a larger down payment. In
addition, the negative amortized amount increases the balance due on
the total loan which can be a problem if the value of the home
declines.
Gross
Income:
Total
income, before deducting taxes and expenses. The scheduled (total)
income, either actual or estimated, derived from a business or
property.
Growing
Equity Mortgage:
A
type of mortgage loan where the monthly payments start low but
increase by a fixed amount each year for the entire life of the loan
as compared to five years with a Graduate Payment Mortgage. The
advantage of this type of loan is that the loan can usually be paid
off in a short duration than a traditional fixed rate loan. This
disadvantage of this loan is that the payment continues to go up
irrelevant of the income of the borrower.
Hard
Equity, Hard Money Real Estate Loan:
High
interest rate financing.
Housing
Ratio:
One
of several financial calculations performed by your lender when
applying for a conventional loan to determine if you can afford a
particular monthly payment. The housing ratio(also known as the
income ratio) is your total monthly payment including taxes and
insurance divided by your total monthly income. Typically acceptable
housing ratios for Conventional Loans are 28 - 33% and FHA Loans are
29 - 31%.
HUD
Loan:
Housing
and Urban Development, a federal government agency.
Index:
An
economic indicator, usually a published interest rate, that
determines changes in the interest rate of an adjustable - rate
mortgage. ARM rates are adjusted to reflect changes in the index. The
margin is the amount a lender adds to the index to establish the
actual interest rate on an ARM.
Interest
Rate:
The
sum paid for borrowing money, which pays the lender's costs of doing
business.
Interest
Rate Loan:
The
sum charged for borrowing money, expressed as a percentage.
Interest
Rate Cap:
Limits
the interest rate or the interest rate adjustment to a specified
maximum. This protects the borrower from increasing rates.
Interest
Shortfall:
The
aggregate amount of interest payments from borrowers that is less
than the accrued interest on the certificate.
Investment
Banker:
An
individual or institution which, acts as an underwriter or agent for
corporations and municipalities issuing securities, but which does
not accept deposits or make loans. Most also maintain broker/dealer
operations, maintain markets for previously issued securities, and
offer advisory services to investors also called investment banker.
See also bank, commercial bank, and originator, syndicate.
Jumbo
(Non - Conforming) Commercial Loans:
A
mortgage loan that exceeds the amount that is acceptable by some
commercial mortgage apartment lenders (on the secondary market) to
Fannie Mae and Freddie Mac.
Lease
Assignment:
An
agreement between the commercial property owner and the lender that
assigns lease payments directly to the lender.
Leasehold
Improvements:
The
cost of improvements for a leased property. Often paid by the tenant.
Lender
Margin:
This
is simply the profit the lender expects to receive from the loan. You
can ask your lender what the margin is on an adjustable rate
mortgage. Typically, lenders use a discount rate initially as a
"teaser" rate. You must be sure to get the normal margin
after the discount period is over.
Lines
of Credit:
An
arrangement in which a bank or vendor extends a specified amount of
unsecured credit to a specified borrower for a specified time period.
Loan
origination Fee:
The
fee charged by a lender, to prepare all the documents associated with
your mortgage.
Lock
- In:
The
process of fixing the interest rate for a specific period of time
irrelevant of future or impending economical changes to the interest
rate. This process may require a fee or premium as it reduces your
risk that the monthly payments will change while the loan paperwork
is filed.
Lock
- Out Period:
A
period of time after loan origination during which a borrower cannot
prepay the mortgage loan.
London
Interbank Offered Rate (LIBOR):
The
short - term rate (1year or less) at which banks will lend to each
other in London. Commonly used as a benchmark for adjustable - rate
financing.
LTV
Loan to Value:
Proposed
loan amount divide by the value of the property.
Margin:
The
amount that is added to an index rate to determine the total interest
rate.
Maturity:
1.
The termination period of a note (e.g., a 30 - year mortgage has
maturity of 30 years.) 2. In sales law, the date a note becomes due.
Mezzanine:
Late-stage
venture capital financing.
Mini-perm
Loan:
Short
term permanent financing, usually 3 to 5 years.
Mortgage
Banker:
An
entity that makes loans with its own money and then sells the loan to
other lenders.
Mortgage
Broker:
An
entity that arranges loans for borrowers.
Mortgage
Insurance:
A
type of insurance changed by most lenders to offset the risk of your
loan when your down payment is less than 20% of the value of the
home.
Mortgage
Reduction Programs:
A
type of Accelerated payment program whereby payments are made more
frequently usually bi - weekly or weekly rather than the traditional
monthly payment. Making more frequent and accelerated payments
reduces the amount of principal more quickly which interest
accumulation is based on. The net effect can be a savings on the
total interest paid
Multi
- Family Property Class A:
Properties
are above average in terms of design, construction and finish;
command the highest rental rates; have a superior location, in terms
of desirability and / or accessibility; generally are professionally
managed by national or large regional management companies.
Multi
- Family Property Class B:
Properties
frequently do not possess design and finish reflective of current
standards and preferences; construction is adequate; command average
rental rates; generally are well maintained by national or regional
management companies; unit sizes are usually larger than current
standards.
Multi
- Family Property Class C:
Properties
provide functional housing; exhibit some level of deferred
maintenance; command below average rental rates; usually located in
less desirable areas; generally managed by smaller, local property
management companies; tenants provide a less stable income stream to
property owners than Class A and B tenants.
Negative
Amortization Loan:
Occurs
when interest accrued during a payment period is greater that the
scheduled payment and the excess amount is added to the outstanding
loan balance (e.g., if the interest rate on ARM exceeds the interest
rate cap, then the borrower's payment will be sufficient to cover the
interest accrued during the billing period - the unpaid interest is
then added to the outstanding loan balance).
Net
Effective Rent:
Rental
rate adjusted for lease concessions.
Net
Operating Income (NOI):
Total
income less operating expenses, adjustments, etc., but before
mortgage payments, tenant improvements and leasing commissions.
Net
- Net Lease (NN):
Usually
requires the tenant to pay for property taxes and insurance in
addition to the rent.
Notice
of Default (NOD):
To
initiate a non - judicial foreclosure proceeding involving a public
sale of the real property securing the deed of trust. The trustee
under the deed of trust records a Notice of Default and Election to
Sell ("NOD") the real property collateral in the public
records.
Non
Recourse Loan:
A
finance term. A mortgage or deed of trust securing a note without
recourse allows the lender to look only to the security (property)
for repayment in the event of default, and not personally to the
borrower. A loan not allowing for a deficiency judgment. The lender's
only recourse in the event of default is the security (property) and
the borrower is not personally liable.
Operating
Expense:
Periodic
expenses necessary to the operation and maintenance of an enterprise
(e.g., taxes, salaries, insurance, maintenance). Often used as a
basis for rent increases.
Participation
Loan:
A
type of mortgage where the lender receives a percentage of the gross
revenue in addition to the mortgage payments.
Percentage
Lease:
Commonly
used for large retail stores. Rent payments include a minimum or
"base rent" plus a percentage of the gross sales "overage."
Percentages generally vary from 1% to 6% of the gross sales depending
on the type of store and sales volume.
Phase
I:
An
assessment and report prepared by a professional environmental
consultant who reviews the property - both land and improvements - to
ascertain the presence or potential presence of envir