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Call Option: A
clause in your mortgage that gives right to
lender to demand repay the loan balance
immediately for various reasons such as the sale
of the property, or a delinquency in the
repayment of the note.
Cap: The limit in change on how much the
interest rate or monthly payment of an
Adjustable Rate Mortgage (ARM), either at each
adjustment or during the life of the mortgage.
Capitalization: A method of determining
the value of property during the appraisal by
interpreting the property's net income with a
percentage which represents a reasonable return
on invested capital.
Capitalization Rate: The expected rate of
return on investment property; the ratio of
income to value.
Cash Flow: The income generated by a
property after deduction of the vacancy
allowances and collection costs, operating
expenses and debt-servicing costs from the
property's scheduled gross income.
Cash-Out Refinance: Receiving money back
when refinancing your present mortgage at a
higher amount than the current loan balance.
Caveat Emptor: Literal translation:
"Let the buyer beware." The buyer must
examine the goods or property and buy at his own
risk.
Certificate of Deposit: A time deposit
held in a bank which pays a certain amount of
interest to the depositor.
Certificate of Deposit Index: An index
that shows an average amount that banks pay on
certificates of deposits - used for determining
interest rate changes on some adjustable rate
mortgages.
Certificate of Eligibility: A document
issued by the Veterans Administration that
certifies a Veteran’s eligibility for a VA
loan.
Certificate of Reasonable Value: An
appraisal of property for the purpose of
insurance by the Veteran's Administration.
Chain of Title: A history of the
transfers of a property title over the years.
Clear Title: A title that is free of
liens or legal questions as to ownership of the
property.
Closing: Conducted by a title company or
an attorney, the conclusion of the sales
transaction when the seller transfers title to
the buyer.
Closing Costs: The extra expenses beyond
the purchase price that are paid at closing
which includes legal fees and mortgage fees.
Closing costs are consist of both non-recurring
closing costs and pre-paid items. Non-recurring
closing costs are any items which are paid just
once as a result of buying the property or
obtaining a loan. "Pre-paids" are
items which recur over time, such as property
taxes and homeowners insurance. A lender
provides an estimate the amount of non-recurring
closing costs and prepaid items on the Good
Faith Estimate which they must issue to the
borrower within three days of receiving a home
loan application.
Closing Statement: The written statement
provided by the escrow company to each of the
parties to the loan transaction showing the
amounts received and the amounts paid out for
various items.
Cloud on Title: Any conditions revealed
by a title search that may affect the title to
property; usually relatively unimportant items
but which cannot be removed without a quitclaim
deed or court action.
Co-Borrower: An additional individual who
is both obligated on the loan and is on title to
the property.
Codes A systematic, written collection of laws.
COFI: One of the indexes that is used to
determine interest rate changes for certain
adjustable-rate mortgages. It represents the
weighted-average cost of savings, borrowings,
and advances of the financial institutions such
as banks and savings & loans, in the 11th
District of the Federal Home Loan Bank.
Collateral: Something of value deposited
with a lender to ensure repayment of a loan.
Usually, it's the real property itself in
mortgage transactions.
Collateral Security: A separate
obligation attached to another contract to
guarantee performance of the contract.
Collection: The process of demanding
payment when a borrower falls behind. The lender
contacts them in an effort to bring the loan
current and the loan goes to
"collection." The lender must mail and
record certain documents in case they are
eventually required to foreclose on the
property.
Collusion: An illegal agreement between
two or more persons to defraud another of his
rights.
Color of Title: That which appears to be
a good title but which is not title in fact
Commingling: The illegal practice of
combining or mixing client's funds with the
agent's own funds.
Commission: A payment for the performance
of specific duties in real estate; a percentage
of the selling price of property, percentage of
rentals, etc.
Common Area Assessments: In some areas,
also known as Homeowners Association Fees, these
are charges paid to the Homeowners Association
by the owners of the individual units in a
condominium or planned unit development (PUD)
and used to maintain the property and common
areas.
Common Areas: Those portions of a
building, land, and amenities owned (or managed)
by a planned unit development (PUD) or
condominium project's homeowners' association
(or a cooperative project's cooperative
corporation) that are used by all of the unit
owners, who share in the common expenses of
their operation and maintenance. Common areas
include swimming pools, tennis courts,
corridors, parking areas, and other recreational
facilities.
Common Law: An unwritten body of law
based on general custom in England enforced in
some states.
Community Property: In some states,
especially the southwest, any property acquired
by a married couple during their marriage is
considered to be owned jointly, except under
special circumstances.
Comparable Sales: Recent sales of similar
property in nearby areas, used to compare and
establish a value for that property.
Compound Interest: Interest which is
computed on the principal and any unpaid
accumulated interest.
Comps: Recent sales of similar property
in nearby areas, used to compare and establish a
value for that property.
Condemnation: A declaration that a
structure is unfit for use; The act of taking
private property for public use, through due
process under the right of Eminent Domain, with
compensation to the owner.
Conditional Sales Contract: An agreement
for the purchase or sale of real property.
Condominium: A type of ownership in real
property where all of the owners own the
property, common areas and buildings together,
with the exception of the interior of the unit
to which they have title. Often mistakenly
referred to as a type of construction or
development, it actually refers to the type of
ownership.
Condominium Conversion: Changing the
ownership of an existing building (usually a
rental project such as an apartment ) to the
condominium form of ownership.
Condominium Hotel: A condominium project
that has rental or registration desks,
short-term occupancy, food and telephone
services, and daily cleaning services and that
is operated as a commercial hotel even though
the units are individually owned.
Construction Loan: A short-term, interim
loan for financing the cost of construction. The
lender makes payments to the builder at periodic
intervals as the work progresses.
Contingency: A condition that must be met
before a contract is legally binding. For
example, homebuyers often include a contingency
that specifies that the contract is not binding
until the purchaser obtains a satisfactory home
inspection report from a qualified home
inspector.
Contract: An oral or written agreement to
do or not to do a certain thing.
Conventional Loan: A non-government loan
that's neither guaranteed nor insured by Federal
Housing Administration (FHA) or Veterans'
Administration (VA).
Conventional Mortgage: Home loans other
than government loans (VA and FHA).
Convertible Adjustable Rate Mortgage: An
adjustable-rate mortgage that allows the
borrower to change the ARM to a fixed-rate
mortgage within a specific time.
Convertible ARM: An adjustable-rate
mortgage that allows the borrower to change the
ARM to a fixed-rate mortgage within a specific
time.
Conveyance: A written instrument that
shows the transfer of some ownership interest in
real property from one person to another such as
a deed or a lease.
CO-OP: An apartment building or a group
of dwellings owned by a corporation, the
stockholders of which are the residents of the
dwellings. It is operated for their benefit by
their elected board of directors. In a
cooperative, the corporation or association owns
title to the real estate. A resident purchases
stock in the corporation which entitles him to
occupy a unit in the building or property owned
by the cooperative. While the resident does not
own his unit, he has an absolute right to occupy
his unit for as long as he owns the stock.
Cooperative: An apartment building or a
group of dwellings owned by a corporation, the
stockholders of which are the residents of the
dwellings. It is operated for their benefit by
their elected board of directors. In a
cooperative, the corporation or association owns
title to the real estate. A resident purchases
stock in the corporation which entitles him to
occupy a unit in the building or property owned
by the cooperative. While the resident does not
own his unit, he has an absolute right to occupy
his unit for as long as he owns the stock.
Cost of Funds Index: One of the indexes
that is used to determine interest rate changes
for certain adjustable-rate mortgages. It
represents the weighted-average cost of savings,
borrowings, and advances of the financial
institutions such as banks and savings &
loans, in the 11th District of the Federal Home
Loan Bank.
County Clerk: The public official who
keeps records of transactions that affect real
property in the area.
Covenants: A clause in a contract that
restricts the borrower from performing certain
acts. For examples, condos usually have
covenants that detail regulations to maintain a
property’s design and maintenance.
Credit: An agreement in which a borrower
receives something of value in exchange for a
promise to repay the lender at a later date.
Credit History: A record of an
individual's repayment of debt reviewed my
mortgage lenders as one of the underwriting
criteria in determining credit risk.
Credit Report: A report of an
individual's credit history prepared by a credit
bureau and used by a lender in determining a
loan applicant's creditworthiness.
Credit Repository: An organization that
gathers, records, updates, and stores financial
and public records information about the payment
records of individuals who are being considered
for credit.
Creditor: A person to whom money is owed.
CRV: An appraisal of property for the
purpose of insurance by the Veteran's
Administration.
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