Lawyers Title of Topeka, Inc.
Title Insurance and Real Estate Closing
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  Terms
Acceleration Clause
ARM (Adjustable Rate Mortgage)
Adjustment Period
Adverse Action
Amortization
Annual Percentage Rate (APR)
Application
Appraisal
Assumption of Mortgage
Balloon (Payment) Mortgage
Borrower
Broker
Buydown
CC&R'S (Covenants, Conditions, and Restrictions)
CAP
Certificate of Reasonable Value (CRV)
Closing
Closing or Settlement Costs
Closing Statement
Commitment Letter
Construction Loan
Contingency Clause
Counter-Offer
Conventional Loan
Credit Report
Deed of Trust
Default
Deferred Interest
Delinquency
Department of Veterans Affairs
Discount Points
Down Payment
Due on Sale Clause
Earnest Money
Equal Credit Opportunity
Escrow Account
Fannie Mae
Farmers Home Administration (FmHA)
Federal Home Loan Mortgage Corporation (FHLMC)
Federal Housing Administration (FHA)
Federal National Mortgage Association (FNMA)
Fee Simple
FHA Loans
FHA Mortgage Insurance
Finance Charge
Fixed Rate Mortgage
Foreclosure
Freddie Mac
Ginnie Mae
Government National Mortgage Association (GNMA)
Graduated Payment Mortgage
Gross Monthly Income
Guarantee
Hazard Insurance
Housing Expenses-to-Income Ratio
Home Inspection Report
Home Warranty plan
Impound
Index
Investor
Joint Tenancy
Jumbo Loan
Lien
Loan Commitment
Loan-to Value-Ratio
Margin
Market Value
Mortgage
Mortgage Insurance
Mortgagee
Mortagagor
Mortgage Review Board
Negative Amoritization
Net Effective Income
Non-Assumption Clause
Note
Origination Fee
PITI
Power of Attorney
Prepaids
Prepayment
Prepayment Penalty
Principal
Private Mortgage Insurance (PMI)
Point
Purchase Agreement
Rate-Lock Agreement
Realtor
Real Estate Settlement Procedures Act (RESPA)
Recording Fees
Renegotiable Rate Mortgage (RRM)
Reverse Annuity Mortgage (RAM)
Right of Rescission
Secondary Mortgage Market
Servicing
Settlement
Settlement Costs
Shared Appreciation Mortagage (SAM)
Survey
Tenancy in Common
Term Mortgage
Title
Title Insurance
Title Search
Truth-in-Lending
Two-Step Mortgage
Underwriting
Urea Formaldehyde Foam Insulation (UFFI)
VA Loan
VA Mortgage Funding Fee
Variable Rate Mortgage (VRM)
Verification of Deposit (VOD)
Verification of Employment
Wraparound

Acceleration Clause - Allows the lender to speed up the rate at which your loan comes due or demand immediate payment of the entire outstanding balance of the loan should you default on your loan.

Adjustable Rate Mortgage (ARM) - A mortgage loan in which the interest rate varies in accordance with changes in a specified index, and may result in changed monthly payments.

Adjustment Period - The length of time between interest rate changes on an ARM. For example: a loan with an adjustment period of one year is called a one year ARM, which means that the interest rate can change once a year.

Adverse Action - A denial of a loan in an amount and on terms acceptable to the borrower.

Amortization - Repayment of a loan in equal installments of principal and interest, rather than interest only payments.

Annual Percentage Rate (APR) - The actual cost of credit to the borrower, including interest and certain other charges, expressed as a yearly rate and calculated over the life of the loan. A guide to compare the cost of loans.

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Application - A verbal or written request for an extension of credit. Usually a printed form on which the lender collects credit, income and debt information about a prospective borrower, plus facts about the property being used to secure the loan. A fee may be charged at the time of application.

Appraisal - An inspection of the property to assure that its market value exceeds the amount of the loan. A fee may be charged for the appraisal.

Assumption of mortgage - A buyer's agreement to assume the liability under an existing note that is secured by a mortgage of deed of trust. The lender must approve the buyer in order for the loan to be assumed.

Balloon (Payment) Mortgage - Usually a short-term fixed-rate loan which involves small payments for a certain period of time and one large payment for the remaining amount of the principal at a time specified in the contract.

Borrower - The person, sometimes referred to as the mortgagor, who obtains a mortgage loan.

Broker - An individual in the business of assisting in arranging funding or negotiating contracts for a client but who does not loan the money himself. Brokers usually charge a fee or receive a commission for their services.

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Buydown - When the lender and/or the home builder subsidizes the mortgage by lowering the interest rate during the first few years of the loan. While the payments are initially low, they will increase when the subsidy expires.

CC&R'S (Covenants, Conditions, and Restrictions) - A document the controls the use, requirements, and restrictions of a property.

CAP - The limit of how much an interest rate or monthly payment can change, either at each adjustment or over the life of the mortgage.

Certificate of reasonable value (CRV) - A document that establishes the maximum value and loan amount for a VA guaranteed loan.

Closing - The time and date set for the transfer of the property from seller to buyer and/or for the signing of the loan documents.

Closing or Settlement Costs - Fees, plus the purchase price of the property, charged at closing which include but are not limited to lawyer's fees, title search and insurance, survey charges and fees to record the deed, mortgage and other documents.

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Closing Statement - The financial disclosure statement that account for all of the funds received and disbursed at the closing including deposits for taxes, hazard insurance, and mortgage insurance.

Commitment Letter - A lender's written offer to grant a mortgage loan outlining the terms, the amount of the loan, the interest rate and any other conditions. It can also serve as a communication of the lender's decision on the borrower's application.

Construction Loan - A short term loan for financing the cost of construction. The lender advances funds to the builder at periodic intervals as the work progresses.

Contingency Clause - A provision in some ARM's to convert to a fixed rate loan, usually after the first adjustment period.The new fixed rate is generally set at the prevailing interest rate for fixed rate mortgages. This conversion feature may be an extra cost.

Counter-Offer - an offer made by the lender to grant credit other than in the amount or terms requested by the applicant.

Conventional Loan - A mortgage not insured by FHA or guarantee by the VA or Farmers Home Administration (FmHA).

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Credit Report - The ratio, expresses as a percentage, which results when a borrower's monthly payment obligation on long-term debts is divided by his or her net effective income (FHA/VA loans)or gross monthly income (Conventional loans).

Deed of Trust - In many states, this document is used in place of a mortgage to secure the payment of a note.

Default - Failure to meet legal obligations in a contract, specifically, failure to make the monthly payments on a mortgage.

Deferred Interest - See Negative Amortization.

Delinquency - Failure to make payments on time. This can lead to foreclosure.

Department of Veterans Affairs (VA) - An independent agency of the Federal Government which guarantees long-term, low-or-no-down payment mortgages to eligible veterans.

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Discount Points - Prepaid interest assessed at closing by the lender. Each point is equal to 1 percent of the loan amount(e.g. two points on a $100,000 mortgage would cost $2,000).

Down Payment - Money paid to make up the difference between the purchase price and mortgage amount. Down payments usually are 10 percent to 20 percent of the sales price on Conventional loans, and no money down up to 5 percent on FHA and VA loans.

Due on sale clause - An acceleration clause that requires full payment of a mortgage or deed of trust when the secured property changes ownership.

Earnest Money - Money given by a buyer to a seller as part of the purchase price to bind a transaction or assure payment.

Equal Credit Opportunity Act - Federal and state laws that prohibit discrimination in the granting of credit based on race, color, religion, national origin, sex, marital status, age, or whether a person is receiving public assistance or alimony.

Escrow Account - Money held in trust by a third party to be turned over to the grantee only upon fulfillment of a condition. Or collected in advance by the lender, usually on a monthly basis, for the payment of real estate taxes, betterment's and/or insurance.

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Fannie Mae - See Federal National Mortgage Association.

Farmers Home Administration (FmHA) - Provides financing to farmers and other qualified borrowers who are unable to obtain loans elsewhere.

Federal Home Loan Mortgage Corporation (FHLMC) - Also called Freddie Mac, is a quasi-governmental agency that purchases conventional mortgages from insured depository institutions and HUD-approved mortgage bankers.

Federal Housing Administration (FHA) - A division of the Department of Housing and Urban Development. Its main activity is the insuring of residential mortgage loans made by private lenders. FHA also sets standards for underwriting mortgages

Federal National Mortgage Association (FNMA) - A.K.A. Fannie Mae. A privately owned corporation created by Congress to support the secondary mortgage market. It purchases and sells residential mortgages insured by the FHA or guaranteed by VA, as well as conventional home mortgages.

Fee Simple - An estate in which the owner has unrestricted power to dispose of the property as he/she wishes including leaving by will or inheritance. It is the greatest interest a person can have in real estate.

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FHA Loans - A loan insured by the insuring office of the Department of Housing and Urban Development; The Federal Housing Administration.

FHA Mortgage Insurance - Requires a small fee (up to 3 percent of the loan amount) paid at closing or a portion of this fee added to each monthly payment of an FHA loan to insure the loan with FHA. On a 9.5 percent $75,000 30-year fixed-rate FHA loan, this fee would amount to either $2,250 at closing or an extra $31 a month for the life of the loan. In addition, FHA mortgage insurance requires an annual fee of 0.5 percent of the current loan amount, the more years the fee must be paid.

Finance charge - The total cost a borrower must pay, directly or indirectly, to obtain credit according to regulation"Z".

Fixed Rate Mortgage - a conventional mortgage loan with a set interest rate and equal monthly payments for the entire term of the loan. Lender - the entity or person, sometimes referred to as the mortgagee, who offers the mortgage loan.

Foreclosure - A legal procedure in which property securing debt is sold by the lender to pay a defaulting borrower's debt.

Freddie Mac - See Federal Home Loan Mortgage Corporation

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Ginnie Mae - See Government National Mortgage Association.

Government National Mortgage Association (GNMA) - Also known as Ginnie Mae, provides sources of funds for residential mortgages, insured or guaranteed by FHA or VA.

Graduated Payment Mortgage - A residential mortgage with monthly payments that is stated at a low level and increased at a predetermined rate.

Gross Monthly Income

- The total amount the borrower earns per month, before any expenses are deducted.

Guarantee - A promise by one party to pay a debt or perform an obligation contracted by another if the original party fails to pay or perform according to a contract.

Hazard Insurance - A form of insurance in which the insurance company protects the insured from specified losses, such as fire, windstorm and the like.

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Housing Expenses-to-Income Ratio - The ratio, expressed as a percentage, which results when a borrower's housing expenses are divided by his/her net effective income (FHA/VA loans) or gross monthly income (Conventional loans).

Home inspection report - A qualified inspector's report on a property's overall condition. The report usually includes an evaluation of both the structure and mechanical systems.

Home warranty plan - Protection against failure of mechanical systems with the property. Frequently includes plumbing, electrical, heating systems, and installed appliances.

Impound - That portion of a borrower's monthly payments held by the lender or servicer to pay for taxes, hazard insurance, mortgage insurance, lease payments, and other items as they become due. Also known as reserves.

Index - A measure of interest rate fluctuations used to determine changes in an ARM's interest rate over the term of the loan.

Investor - Money source for a lender

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Joint tenancy - An equal, undivided ownership of property by two or more persons. Upon death of any owner, the survivors take the descedent's interest on the property.

Jumbo Loan - A loan which is larger (more than $203,150)than the limits set by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. Because jumbo loans cannot be funded by these two agencies, they usually carry a higher interest rate.

Lien - a legal claim, granted by contract or by a court, against property. A mortgage is one kind of lien.

Loan commitment - A written promise to make a loan for a specified amount with specific terms.

Loan-to-Value Ratio - the percentage comparison between the unpaid principal balance of the mortgage and the sales price or the appraised value of the property, whichever is lower.

Margin - The number of percentage points the lender adds to the index rate to calculate the ARM interest rate at each adjustment.

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Market Value - The highest price that a buyer would pay and the lowest price a seller would accept on a property. Market value may be different from the price a property could actually be sold for at a given time.

Mortgage - a lien placed by the lender on the borrower's property and removed when the note has been paid in full. If the borrower defaults on the note, the lender can sell the property to satisfy the debt.

Mortgage Insurance - Money paid to insure the mortgage when the down payment is less than 20 percent. See Private Mortgage Insurance or FHA Mortgage Insurance.

Mortgagee - The lender.

Mortgagor - The borrower or homeowner.

Mortgage Review Board - A voluntary board consisting of an equal number of lenders and community representatives who will review the residential mortgage loans denied by participating lenders where the applicants believe the denial was based on the location of the property.

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Negative Amortization - Negative amortization occurs when your monthly payments are not large enough to pay all the interest due on the loan. The interest that is not covered is added to the unpaid principal balance, which means that even after several payments you could owe more than you did at the beginning of the loan. Negative amortization can occur when an ARM has a payment cap that results in monthly payments that are not high enough to cover the interest.

Net Effective Income - The borrower's gross income minus federal income tax.

Non-Assumption Clause - A statement in a mortgage contract forbidding the assumption of the mortgage without the prior approval of the lender.

Note - The borrower's legally binding written promise to repay a debt to a lender on a specified date.

Origination Fee - A fee or charge for establishing a new loan. PITI Principal, interest, taxes and insurance.

PITI - Principal, interest, taxes, and insurance. Also called monthly housing expense.

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Power of Attorney - A legal document authorizing one person to act on behalf of another.

Prepaids - Expenses necessary to create an escrow account or to adjust the seller's existing escrow account. Can include taxes, hazard insurance, private mortgage insurance and special assessments.

Prepayment - A privilege in a mortgage permitting the borrower to make payments in advance of their due

Prepayment penalty - A fee charged to a mortgagor who pays a loan before it is due.

Principal - The amount of debt, not counting interest, left on a loan.

Private Mortgage Insurance (PMI) - In the event that you do not have a 20 percent down payment, lenders will allow a smaller down payment-as low as 5 percent in some cases. With the smaller down payments loans, however, borrowers are usually required to carry private mortgage insurance. Private mortgage insurance willrequire an initial premium payment of 1.0 percent to 5.0 percent of your mortgage amount and may require an additional monthly fee depending on your loan's structure. On a $75,000 house with a 10 percent down payments, this would mean either an initial premium payment of $2,025 to $3,375, or an initial premium of$675 to $1,130 combined with a monthly payment of $25 to $30.

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Point - A non-refundable sum of money, equal to one percent of the principal amount of a mortgage, charged by the lender to cover certain costs of making a loan. The number of points that may be charged is limited by law.

Purchase Agreement - A written document in which the purchaser agrees to by certain real estate and the seller agrees to sell certain real estate under stated terms and conditions. Also called a sales contract, earnest money contract, or agreement for sale.

Rate - Lock Agreement/interest Rate Commitment - a written agreement by which a lender will hold an interest rate on a mortgage for a specified period of time. The terms and conditions of a rate lock agreement vary from lender to lender.

Realtor - A real estate broker or associate active in a local real estate board affiliated with the National Association of Realtors.

Real Estate Settlement Procedures Act (RESPA) - A federal law that requires a good faith estimate of closing costs required to be given on certain first mortgages.

Recording Fees - Money paid to the lender for recording a home sale with the local authorities, there by making it part of the public records.

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Renegotiable Rate Mortgage (RRM) - A loan in which the interest rate is adjusted periodically. See Adjustable Rate Mortgage

Reverse Annuity Mortgage (RAM) - A form of mortgage in which the lender makes periodic payments to the borrower using the borrower's equity in the home as security.

Right of Rescission - State and federal laws that allow consumers who refinance first mortgages and certain second mortgages to cancel their contract and receive a full refund. This must take place within three business days following the closing, or following the delivery of the required information and rescission forms and disclosures, whichever occurs last.

Secondary Mortgage Market - Investors who purchase residential mortgages originated by lenders.

Servicing - All the steps and operations a lender perform to keep a loan in good standing, such as collection of payments, payment of taxes, insurance, property inspections and the like.

Settlement - See Closing.

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Settlement Costs - See Closing Costs.

Shared Appreciation Mortgage (SAM) - A mortgage in which a borrower receives a below-market interest rate in return for which a lender (or another investor such as a family member or other partner) receives a portion of the future appreciation in the value of the property. May also apply to mortgages where the borrower shares the monthly principal and interest payments with another party in exchange for a part of the appreciation.

Survey - A measurement of land, prepared by a registers land surveyor, showing the location of the land with reference to known points, its dimensions, and the location and dimensions of any building.

Tenancy in common - A type of joint ownership of property by two or more persons with no right of survivorship.

Term Mortgage - See Balloon Payment Mortgage.

Title - A document that gives evidence of an individual's ownership of property.

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Title Insurance - Protection against loss due to defects in the title that were not uncovered in the title search and not listed in the title report. Both the lender and the borrower may purchase title insurance to protect their own interests.

Title Search - An examination of legal records to check the validity and completeness of the title to the property. The title search should uncover any liens, overdue assessments or other claims against the property.

Truth-in-Lending - Federal and state laws that require lenders to provide borrowers with full disclosure of the true cost of a loan and easy-to-understand information about the annual percentage rate and terms of the loan.

Two-Step Mortgage - A mortgage in which the borrower receives a below-market interest rate for a specified number of years (most often seven or 10 years), and then receives a new interest rate adjusted (within certain limits) to market conditions at that time. The lender sometimes has the option to call the loan, due within 30 days notice at the end of seven or 10 years. Also called"Super Seven" or "Premier" mortgage.

Underwriting - The decision whether to make a loan to a potential home buyer based on credit, employment, assets, and other factors and the matching of this risk to an appropriate rate and term or loan amount.

Urea Formaldehyde Foam Insulation (UFFI) Notice - A state law requiring a borrower or seller to disclose to a lender the absence or presence of UFFI and the formaldehyde level in a dwelling

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VA Loan - A loan that is guaranteed by the Veterans Administration and made by a private lender.

VA Mortgage Funding Fee - A premium of up to 2 percent (depending on the size of the down payment) paid on a VA-backed loan.

Variable Rate Mortgage (VRM) - See Adjustable Rate Mortgage.

Verification of Deposit (VOD) - A document signed by the borrower's financial institution verifying the status and balance of his/her financial accounts.

Verification of Employment - A document signed by the borrower's employer verifying his/her position and salary.

Wraparound - Results when an existing assumable loan is combined with a new loan, resulting in an interest rate somewhere between the old rate and the current market rate. The payments are made to a second lender or the previous homeowner, who then forwards the payments to the first lender after taking the additional amount off the top.

 

5715 sw 21st Street, Topeka, KS 66604-3719
 (785) 271-9500 E-Mail Us

Hayden B. St. John, Chairman
Christopher St. John, President