GLOSSARY ( C )

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Calendar Year A year which uses the actual number of days in each month for a total of 365 days in a year (366 days in a leap year).
   
Call Option A provision in a loan that gives the lender the right to accelerate the debt, and require for full payment of the loan immediately, at the end of a specified period or for specified reason.
   
Cap Limit on the amount an adjustable rate mortgage may increase or decrease during specific intervals and over the term of the loan. This safeguard protects the buyer from dramatic changes in monthly payments.
   
Capital Expenditure The cost of an improvement made to extend the useful life of a property or to add to its value, such as adding a room. The cost of repairing a property is not a capital expenditure. Capital expenditures are appreciated over their useful life; repairs are subtracted from income for the current year.
   
Capital Gain Taxable profit derived from the sale of a capital asset. The capital gain is the difference between the sale price and the basis of the property, after making appropriate adjustments for closing costs, fixing up expenses, capital improvements, allowable depreciation, etc.
   
Capital Improvement Any structure or component erected as a permanent improvement to real property that adds to its value and useful life. See Capital Expenditure.
   
Capital (1) Money used to create income, either as an investment in a business or an income property. (2) The money or property comprising the wealth owned or used by a person or business enterprise. (3) The accumulated wealth of a person or business. (4) The net worth of a business represented by the amount by which its assets exceed liabilities.
   
Capitalization Rate The rate of expected return on investment property. A ratio of income to value.
   
Capitalization An appraising term used in determining value by considering net operating income and a percentage of reasonable return on investment.
   
Cash to Close Liquid assets that are readily available to be used to pay the closing cost involved in a closing of a mortgage transaction.
   
Cash Flow The amount of cash derived over a certain period of time from an income-producing property. The cash flow should be large enough to pay the expenses of the income producing property (mortgage payment, insurance, maintenance, utilities, etc.)
   
Cash Out Receiving money back when refinancing your present mortgage.
   
Cash Flow Basis This calculation shows when your monthly payment savings exceed your estimated closing costs and discount points. It does not consider the tax impact or differences in principal balance reduction between your current loan and the refinance suggestions. You can use the Amortization Schedule Calculator to compare principal reduction.
   
Cash For Transaction Enter the amount your want to use toward closing costs (discount points and fees) and/or to reduce your loan balance. In situations where your loan balance is above the conforming amount, reducing the principal may allow you to get a lower rate. Enter zero if you want a no-point loan and/or to finance the closing fees.
   
Cash Reserve A requirement of some lenders that buyers have sufficient cash remaining after closing to make the first two monthly mortgage payments.
   
Cash Available For Closing Borrower funds available to cover down payment and closing costs. If lending guidelines require the borrower to have cash reserves at the time the loan closes or that the down payment come from certain sources, borrower's cash available for closing does not include cash reserves or money from other sources.
   
Cash-Out Refinance A refinance transaction in which the new loan amount exceeds the total of the principal balance of the existing first mortgage and any secondary mortgages or liens, together with closing costs and points for the new loan. This excess is usually given to the borrower in cash and can often be used for debt consolidation, home improvement, or any other purpose. The borrower effectively borrows against the home equity.
   
Ceiling The maximum interest rate that can accrue on a variable rate loan or adjustable rate mortgage (ARM). See lifetime rate cap.
   
Certificate Of Reasonable Value (CRV) A document issued by the Department of Veterans Affairs (VA) that establishes the maximum value and loan amount for a VA loan, based on an approved appraisal.
   
Certificate Of Title A statement provided by an abstract company, title company, or attorney stating who holds title to real estate based on the public record.
   
Certificate of Eligibility The document given to qualified veterans which entitles them to VA guaranteed loans for homes, business, and mobile homes. Certificates of eligibility may be obtained by sending DD-214 (Separation Paper) to the local VA office with VA form 1880 (request for Certificate of Eligibility).
   
Certificate of Title A certificate issued by a title company that the seller has good marketable and insurable title to the property that he is offering for sale. A certificate of title offers no protection against any hidden defects in the title that an examination of the records could not reveal. The issuer of a certificate of title is liable only for damages due to negligence. The protection offered a homeowner under a certificate of title is not as great as that offered in a title insurance policy.
   
Certified Copy A true copy, attested to be true by the officer holding the original.
   
Cestui que trust One having an equitable interest in property, legal title being vested in trustee.
   
Chain Of Title The history of all of the documents affecting title to a parcel of real property, starting with the earliest existing document and ending with the most recent.
   
Channeling The illegal practice of directing people to, or away from, certain areas or neighborhoods because of minority status; Steering.
   
Chattel Personal property.
   
Clear Title A title that is marketable and is free of liens or disputed legal questions as to ownership of the property.
   
Closing Cost Item A fee or amount that a home buyer must pay at closing for a particular service, tax, or product. Closing costs are made up of individual closing cost items such as origination fees and attorney's fees. Many closing cost items are included as numbered items on the HUD-1 settlement statement.
   
Closing Costs Various expenses (over and above the price of the property) incurred by buyers and sellers in transferring ownership of a property. Closing costs normally include items such as broker's commissions, discount points, origination fees, attorney's fees, taxes, title insurance premiums, escrow agent fees, and charges for obtaining appraisals, inspections and surveys. Closing costs will vary according to the area of the country. Lenders or real estate professionals often provide estimates of closing costs to prospective home buyers even before the HUD-1 settlement statement is delivered.
   
Closing Statement The statement which lists the financial settlement between buyer and seller, and also the costs each must pay. A separate statement for buyer and seller is sometimes prepared.
   
Closing The conclusion or consummation of a transaction. In real estate, closing includes the delivery of a deed, the signing of notes and security instruments, and the disbursement of funds necessary to the sale or loan transaction. Also referred to as settlement.
   
Cloud On Title An outstanding claim or lien, revealed by a title search, that adversely affects the owner's title to real estate. Usually, clouds on title cannot be removed except by a quit claim deed, release, or court action.
   
Co-operative or Co-op In a residential co-operative, the buyer purchases shares in the co-op corporation which is made up of the residents in the co-op property. The buyer owns the shares rather than owning real property. In exchange he has the right to lease and occupy a co-op unit.
   
Co-Maker Equally responsible for repayment as the borrower.
   
Co-Signer A person who signs a promissory note along with the borrower. A co-maker's signature helps to assure that the loan will be repaid. The borrower and the co-maker are jointly responsible for the repayment of the loan.
   
Co-Borrower Additional borrower(s) whose income contributes to qualifying for a loan and whose name(s) appears on documents with equal legal obligations.
   
Coinsurance A sharing of insurance risk between the insurer and the insured. Coinsurance depends on the relationship between the amount of the policy and a specified percentage of the actual value of the property insured at the time of the loss.
   
Coinsurance Clause A provision in a hazard insurance policy stating the minimum amount of coverage that must be maintained as a percentage of the total value of the property in order for the insured to collect the full amount of a loss.
   
Collateral Property pledged as security for a debt, such as the real estate pledged as security for a mortgage.
   
Combined Loan To Value (CLTV) The ratio of the total amount borrowed on all mortgages against a property compared to the appraised value of the property. For example, if you have an $80,000 1st mortgage and a $10,000 2nd mortgage on a home with an appraised value of $100,000, the CLTV is 90% ($80,000+$10,000=$90,000 / $100,000=90%).
   
Commingling The illegal practice of combining or mixing clients' funds with the agent's own funds.
   
Commission Money paid to a real estate agent or broker by the seller as compensation for finding a buyer and completing the sale. Usually it is a percentage of the sale price: 4 to 7 percent on houses, 10 percent on land.
   
Commitment A written promise to make or insure a loan for a specified amount and on specified items.
   
Commitment Letter A formal notification from a lender stating that the borrower's loan has been conditionally approved and specifying the terms under which lender agrees make the loan. Also known as a "loan commitment."
   
Commitment Fee (Loan) Any fee pledge made by the lender to the borrower to a lender for the lenders promise to lend money at a specified rate and within a given time period.
   
Common Areas Those portions of a building, land, and amenities owned (or managed) by a planned unit development (PUD) or condominium project's homeowners' association (or a cooperative project's cooperative corporation) that are used by all of the unit owners, who share in the common expenses of their operation and maintenance. Common areas include swimming pools, tennis courts, and other recreational facilities, as well as common corridors of buildings, parking areas, means of ingress and egress, etc.
   
Common Area Assessments Payments required of individual unit owners in a condominium or planned unit development (PUD) project for additional capital to defray homeowners' association costs and expenses and to repair, replace, maintain, improve, or operate the common areas of the project.
   
Community Reinvestment Act The federal law which requires federally regulated lenders to describe the geographical market area they serve. Deposits from that area are to be reinvested in that area whenever practical.
   
Community Seconds® An alternative financing option for low- and moderate-income households under which an investor purchases a first mortgage that has a subsidized second mortgage behind it. The second mortgage may be issued by a state, county, or local housing agency, foundation, or nonprofit organization. Payment on the second mortgage is often deferred and carries a very low interest rate (or no interest rate at all). Part or all of the second mortgage debt may be forgiven depending on how long the buyer remains in the home.
   
Community Property In some Western and Southwestern states, the law specifies that property acquired during a marriage is presumed to be owned jointly by the husband and wife unless acquired as separate property of one spouse or the other.
   
Comparables Used for comparative purposes in the appraisal process. Comparables are properties like the property under consideration; they have reasonably the same size, location, and amenities and have recently been sold. Comparables help the appraiser determine the approximate fair market value of the subject property.
   
Compound Interest Interest which is computed on the principal and any unpaid accumulated interest.
   
Condemnation The taking of private property for public use by a government unit, against the will of the owner, but with payment of just compensation under the government's power of eminent domain. Condemnation may also be a determination by a governmental agency that a particular building is unsafe or unfit for use.
   
Conditional Sales Contract A contract for the sale of property where the buyer has possession and use, but the seller retains title until the conditions of the contract have been fulfilled. Also known as a land contract.
   
Condominium A real estate project in which each unit owner has title to a unit in a multi-unit building, an undivided interest in the common areas of the project, and sometimes the exclusive use of certain limited common areas.
   
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.
   
Condominium Conversion Changing the ownership of an existing building (usually a rental project) to the condominium form of ownership.
   
Condominium or Condo A condominium is a home in a shared building or development. The buyer gets title the space inside the unit, shares the common areas with other unit owners and pays a maintenance fee to the condominium association to pay for needed maintenance, repairs and improvements to the property.
   
Conforming A mortgage loan that conforms to regulatory limits such as loan-to-value ratio, term and other characteristics.
   
Conforming Loan Conventional home mortgages eligible for sale and delivery to either the Federal National Mortgage Association (FNMA) or the federal Home Loan Mortgage Corporation (FHLMC). These agencies generally purchase traditional fixed rate level payment first mortgages up to loan amounts mandated by Congressional directive.
   
Consideration The price or subject matter which induces a contract; may be in money, commodity, exchange, or a transfer of personal effort.
   
Construction/end Loan A mortgage that finances the construction of a home and converts to permanent financing when the home is completed. It allows buyers to deal with only one lender, file only one credit application and pay only one set of closing costs.
   
Construction Loan A short term interim loan to pay for the construction of building or homes. These are usually designed to provide periodic disbursements to the builder as he progresses.
   
Consumer Protection Act Makes it illegal for false, misleading, or deceptive acts or practices in the advertising, offering for sale, selling, or leasing of any real or personal property. The Act provides for civil penalties and in some cases, for mandatory triple damages and attorney fees for the aggrieved party.
   
Consumer Reporting Agency (or bureau) An organization that prepares reports that lenders use to determine a potential borrower's credit history. The agency obtains data for these reports from a credit repository as well as from creditors such as mortgage lenders, credit card companies, department stores, etc.
   
Contingency A condition that must be met before a contract is legally binding. For example, home purchasers often include a contingency that specifies that the contract is not binding until the purchaser obtains a satisfactory home inspection report from a qualified home inspector.
   
Contract for Deed A contract for the sale of real estate where the deed (title) of the property is transferred only after all the payments have been made. Also known as a land contract, agreement of sale, conditional sales contract, or installment contract.
   
Contract Sales Price The full purchase price as stated in the contract.
   
Contract of Sale The agreement between the buyer and seller on the purchase price, terms, and conditions necessary to both parties to convey the title to the buyer.
   
Contract A legally enforceable agreement to do, or not to do, a particular thing for a consideration.
   
Contract Sale or Deed A contract between purchaser and a seller of real estate to convey title after certain conditions have been met. It is a form of installment sale.
   
Contract for Exchange of Real Estate A contract for the sale of real estate in which the consideration is paid wholly or partly in real property instead of cash.
   
Contractor Individual or company offering services for payment; builder.
   
Conventional Mortgage A mortgage not obtained under a government insured program (such as FHA or VA).
   
Conventional Loans A loan secured by investors, but neither insured by the FHA nor guaranteed by VA. Both fixed rate and adjustable rate loans are available with conventional financing.
   
Conversion Clause A provision in some ARMs that allows you to change the ARM to a fixed-rate loan at some point during the term. Usually the conversion is allowed at the end of the first adjustment period. At the time of the conversion, the new fixed rate is generally set at one of the rate then prevailing for fixed-rate mortgages. The conversion feature may be available at extra cost.
   
Convertible ARM Some ARMs include a provision allowing conversion to a fixed-rate mortgage at specified times, typically during the first five years of the loan. Some lenders charge a premium for this option, find out the exact conversion terms and costs from your lender. This will help you decide whether this is a cost-effective option.
   
Convertible Loan Some ARM Color loans include a provision that allows it to convert to a fixed rate mortgage at specific times, usually from the end of the first through the fifth years. There is usually an additional fee, $300-$500, to convert it.
   
Conveyance Written instrument, such as a deed or lease, that evidences transfer of some ownership interest in real property from one person to another.
   
Cooperative Apartment / Housing Rather than renting an apartment the tenant buys stock in the corporation that owns the building. The cost of the stock is usually determined by the size of the apartment.
   
Cooperative (co-op) A type of multiple ownership in which the residents of a multi-unit housing complex own shares in the cooperative corporation that owns the property, giving each resident the right to occupy a specific apartment or unit.
   
Corporate Relocation Arrangements under which an employer moves an employee to another area as part of the employer's normal course of business or under which it transfers a substantial part or all of its operations and employees to another area because it is relocating its headquarters or expanding its office capacity.
   
Cost Approach to Value An estimate of value based on current construction costs, less depreciation, plus land value.
   
Cost Plus Contract A building contract setting the builder's profit at a set percentage of actual cost of labor and materials.
   
Cost Of Funds Index (COFI) An index that is used to determine interest rate changes for certain adjustable-rate mortgage (ARM) plans. It represents the weighted-average cost of savings, borrowings, and advances of the 11th District members of the Federal Home Loan Bank of San Francisco. See adjustable-rate mortgage (ARM).
   
Counter-offer A rejection of an offer by a seller along with an agreement to sell the property to the potential buyer on terms differing from the original offer.
   
County A division within a state, usually encompassing one or more cities or towns.
   
Covenants Agreements written into deeds and other instruments stating performance or non-performance of certain acts or noting certain uses or non-uses of property.
   
Credit Limit The maximum amount that you can borrow under a home equity plan.
   
Credit Repository (credit bureau) 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.
   
Credit Scoring Credit scores are numerical values that rank individuals according to their credit history at a given point in time. Your score is based on your past payment history, the amount of credit you have outstanding, the amount of credit you have available, and other factors. According to Fannie Mae--one of the major investors in home loans, credit scores have proven to be very good predictors of whether a borrower will repay his or her loan.
   
Credit Report A detailed account of the credit, employment and residence history of an individual used by a prospective lender to help determine creditworthiness. Credit reports also list any judgments, tax liens, bankruptcies or similar matters of public record entered against the individual.
   
Credit Rating An expression of creditworthiness based upon present financial condition and past credit history.
   
Credit Life Insurance A type of insurance that pays off a loan if one of the borrowers dies while the policy is in force.
   
Credit An agreement in which a borrower receives money or something of value in exchange for a promise to repay the lender on specified terms at a later time.
   
Credit Report / History Lenders will investigate your credit record which is a history of your debts. They get a report from a credit reporting agency (TRW, Equifax, TransUnion) which shows if you pay you debts on time and with who you have current debts with.
   
Credit Limit The maximum amount that can be borrowed under the home equity line of credit.
   
Credit History An evaluation of an individual's capacity and history of debt repayment. A credit history helps a lender to determine whether a potential borrower is likely to repay a loan in a timely manner.
   
Creditor A person to whom money is owed.
   
CRS Certified Residential Specialist; A professional title given to agents who complete an advanced course of study in residential real estate and are proficient in sales and production; they are members of the Residential Sales Council.
   
Cul-de-Sac A dead end street which widens sufficiently at the end to permit an automobile to make a "U" turn.
   
Cumulative Interest Total interest accrued.
   
Current PITI This is an abbreviation for a monthly payment that includes principal, interest, taxes and insurance. In mortgage lending it is common for the monthly mortgage payment to include not only the principal and interest payment on the loan, but an escrow amount for real estate taxes and hazard insurance as well.
   
Curtailment A payment that reduces the principal balance of a loan.
   


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