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Mortgage
Glossary
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Adjustments
on Closing
There
are two types of adjustments for which a buyer can be charged on closing;
-
Prepaid services.
Where the sellers have prepaid property taxes or certain utilities, the
buyers can be charged for the amount of prepayment on a pro-rata basis,
depending on the date of occupancy. For example, if the sellers have paid
the property taxes to the end of the year, and the sale closes on October
15th, the purchasers will be charged with an adjustment of 77/365'ths (the
number of days remaining in the year) of the total paid for the year.
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Interest.
This is the amount of interest required to be prepaid up to the Interest
Adjustment Date (IAD). IAD is the point at which the mortgage interest
starts accumulating "in arrears". In Canada all mortgage interest is calculated
and paid after the period to which it applies. This differs from the way
in which rental and lease payments are calculated, which is "in advance".
The good news on this one is that if you prepay for say 3 weeks you won't
have to make your first payment for almost two months. Also, if you take
a biweekly payment term, the longest interest adjustment period is less
than two weeks, by definition.
Amortization
The process
of paying off the principal balance owed of the mortgage through scheduled,
systematic repayments of principal and extra payments of principal at irregular
intervals. Usually associated with a target period (the standard being
25 years) over which the initial blended payment is calculated. The maximum
amortization period available in Canada is 40 years.
Appraisal
This
is an estimate of the current value of the property for the lender (the
'subject property'), using one or both of the following techniques;
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Market value
comparison approach: The majority of residential appraisals use this technique,
comparing recent sales of similar properties ('comparables' or 'comps'
in real estate jargon) and adding and subtracting the differences in value
of the same features in the subject property. For example, if a house of
the same size on the same street and in the same condition as the subject
property recently sold for $200,000, but this 'comparable' had a triple
garage and a finished basement and the 'subject' does not; the appraiser
calculates the market value of these features (say, $12,000 in total) and
deducts this amount from $200,000, giving an 'adjusted value' of $188,000.
This is usually done with at least three 'comparables' and either averaged
or the middle ('median') value used.
-
Depreciated
cost approach: This technique is a supporting measurement of value used
by many appraisers, whereby the land value is estimated and added to an
estimate of the depreciated building value. Where there are few comparables
available, relatively more weight might be given to this method.
Assessment
The "assessed"
value of a property is a historical, static estimate of the value of your
property used by a municipal (local) government as a basis for calculating
annual property taxes. An "assessment notice" from the municipality contains
the "assessed value" and when multiplied by the current "mill rate" the
property taxes for the year can be calculated. In some municipalities,
the mill rate is provided on the assessment notice and in others it is
provided separately
Assignment
of Interest
Most
Provinces allow a legal assignment of interest in a mortgage to have full
legal effect without having to discharge and re-register the existing one.
This is particularly useful in:
Switch
situations, where the costs of transferring lenders would otherwise be
very high.
Second
mortgage situations where a postponement may be difficult to obtain.
Assumable
Mortgage
The A
mortgage which a qualified buyer can take over from the current owner of
a property upon its sale. Assuming a mortgage can provide a buyer with
a below market interest rate, (if rates are now higher), as well as saving
on the legal costs of creating and registering a whole new mortgage. "Assumption"
entails a simple amendment to the mortgage document registered on title
(see "switch").
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Blend
and Extend
A closed
mortgage can often be "opened" for the purpose of extending the term. Most
lenders will blend the penalty for breaking (usually an Interest Rate Differential)
with the rate for the new extended term. The idea is to get a lower rate
and protect against rate increases in the future
Buy-down
"Paying
down" the mortgage rate by paying the lender a premium at time of funding.
This is often used as a marketing feature by new home builders, particularly
on high ratio second mortgages.
Buyer's
Agent
A Realtor
who acts contractually on behalf of the buyer. Traditionally, and still
in most cases, the Realtor is the Agent of the Sellers and is paid by them
out of the proceeds of the sale. A Buyer's Agency Agreement allows a Realtor
(with full disclosure to the sellers or their agent) to negotiate on behalf
of the buyer, with no legal conflict of interest. The seller still pays
the Buyer's Agent fees, but this is always spelled out and acknowledged
in the Offer to Purchase.
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Canada
Mortgage and Housing Corporation (CMHC)
A federal
crown corporation which administers the "National Housing Act" (NHA), and
through which all federal housing policies and programs are implemented.
Cap
Rate
The highest
rate that a borrower will pay within a defined time period. Examples are;
the rate committed on a commitment letter or a mortgage pre-qualification
(also known as a "rate hold"); or the maximum rate that will be paid by
the borrower during the term of a "protected variable rate mortgage". A
lender will usually have to incur a cost to insure against rate increases
during the capping period. This insurance is called a "hedge"
Closing
The final
exchange of consideration and legal completion of a transaction, involving
either a house purchase, a mortgage registration, or both.
Closed
Mortgage
A mortgage
whose terms state that it cannot be paid out, even with a penalty, unless
the lender agrees. In some cases, a closed mortgage may be discharged at
a defined cost, usually Interest Rate Differential (IRD), but sometimes
with a punitive penalty such as full interest to maturity.
Commitment
Letter
A written
commitment from a lender to lend mortgage funds to specific borrowers as
long as certain conditions are met within a specified time period before
closing. A key component of the commitment, particularly in a period of
volatile interest rates, is the "rate hold", where a lender may "cap" a
rate for a defined period, such as 60 days or 90 days. Commitments on financing
for new homes, which usually have longer closing dates, can be negotiated
between the lender and the builder and be held for as long as 6 months,
and even a year.
Compliance
Letter
Required
in many municipalities throughout Canada before a property transfer can
take place. This is an acknowledgement from the building department that
the property either has, or is clear of outstanding work-orders. Work-orders
are specific clean-up or fix-up requirements that the owner must complete,
particularly before a transfer of ownership.
Connection
Charges
Some
local utility companies (hydro, gas, oil) charge a fee on closing to connect
new buyers up to their service. More normal, however, is an extra charge
on the first billing.
Conventional
Mortgage
A mortgage
usually amounting to 80% (Loan to Value ratio) or less of the value of
the property.
Convertible
Mortgage
This
allows you to convert your mortgage to a new one of longer term while it
is still in effect.
Credit
Report
A record
of an individual's payment history available at a credit bureau. Individuals
can order a copy of their own report by contacting their local bureau.
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Default
Failure
to make monthly mortgage payments as agreed, or to meet certain other terms
of a mortgage agreement.
Double-Up
This
feature (not offered by all lenders) allows you to double up your mortgage
payments anytime without penalty. This feature is often associated with
the ability to "skip" an equivalent number of payments. This can be used
either to accelerate the pay-off of a mortgage (as it is an enhanced prepayment
privilege) or to manage a volatile cash flow. For example, commission-based
individuals such as Realtors could "double-up" with each commission cheque,
and "skip" during low cash flow periods.
Down
Payment
The amount
of cash paid towards the purchase transaction by the buyer of a home. This
is also known as the purchaser's initial "equity" in the property.
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Equity
The difference
between the value for which you could sell your property and what is owed
against it. There is an important distinction from "down payment" to a
lender. For example, if a buyer purchases a home without a down payment,
he/ she can have "equity" if the value of the property quickly goes up.
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First
Mortgage
First
Mortgage A mortgage registered before all others on title. Gives the lender
a primary lien/charge against your house and property that has precedence
over all other mortgages. Priority is determined by the date and time registered,
so a first mortgage was literally and legally registered "first". A new
first mortgage can therefore only be registered as a "first" mortgage upon
the discharge of an existing one if the holder of a second mortgage "postpones"
(i.e., "puts back in time") to a time immediately following the registration
of the new first mortgage.
Five-Percent
Down Program
This
allows buyers to obtain up to 95% financing on properties up to a certain
value. The loan must be insured against default by CMHC
(Canada Mortgage and Housing Corporation),
Genworth or AIG United Guaranty.
This maximum home value will vary according to location (local Realtors
should know the applicable limit) and eligibility can vary with personal
circumstances.
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Genworth
One of
Canada's two private mortgage insurers, formerly GE Money.
Gross
Debt Service Ratio (GDS)
The percentage
arrived at by dividing your monthly shelter costs (principal, interest,
property taxes, heating and half of condo fees) by your gross monthly income
and multiplying by 100. This is used by all lenders as a yardstick by which
to measure the ability of a borrower (or borrowers) to make mortgage payments.
For example, most lenders require that this ratio be no more than 32% for
a particular application, while others allow higher limits. This is also
the maximum qualifying GDS for most default insurance applications.
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High-Ratio
Mortgage
A mortgage
which is greater than 80% (Loan To Value ratio) of the value of the property.
Normally requires insurance to be paid to protect the lender. (see Mortgage
Insurance)
Home
Inspection Report
A report
commissioned by a property owner or purchaser, usually to verify the condition
of a property prior to the "firming up" of a Real Estate transaction. The
scope and detail may vary, but most reports indicate the specific problem
and the cost to repair. Unfortunately, no licensing is required, and this
service is not specifically regulated other than by general consumer protection
legislation. The best safeguard against inadequate work is to ask for the
resume of the Inspector, and if possible check references from previous
customers.
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Interest
Rate Differential
A penalty
for early prepayment of all or part of a mortgage outside of its normal
prepayment terms. This is usually calculated as "the difference between
the existing rate and the rate for the term remaining, multiplied by the
principal outstanding and the balance of the term".
Example.
-
$100,000
mortgage at 9% with 24 months remaining.
-
Current 2
year rate is 6.5%.
-
Differential
is 2.5% per annum.
-
IRD is $100,000
* 2 years * 2.5% p.a. = $5,000.
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Land
Transfer Tax (LTT)
A tax
payable to the Provincial Government by the purchaser upon the transfer
of title from a seller.
Lien
This
is a claim made against a property for the payment of a debt or obligation
related to the property or its owners.
Loan-to-Value
Ratio (LTV)
The percentage
of the value of the property for which a mortgage is required. This ratio
is important in determining whether or not default insurance is required,
and if so, what the cost of that insurance will be. For example,
if the property value is $200,000, the down payment available is $20,000
and the required mortgage is $180,000. The LTV is $180,000/$200,000 or
90%.
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Mill
Rate
A rate
that multiplies by each one thousand dollars of property assessment to
give the annual real estate taxes.
Mortgage
Broker
A registered
agent who negotiates with lenders on behalf of a borrower to obtain the
best overall mortgage for that borrower's circumstances. Mortgage Brokers
are particularly useful in financing "non standard" situations which cannot
be funded by a major national lender. This is possible because a Mortgage
Broker has access to lenders who do not advertise nationally or operate
retail locations.
Mortgagee
Also
known as the "lender" — the funder and holder of the mortgage.
Mortgage
Insurance
If your
down payment is less than 2o% of the purchase price of the property, the
lender is going to require either private mortgage insurance or public
mortgage insurancethrough CMHC
(Canada Mortgage and Housing Corporation),
Genworth or AIG United Guaranty..
The fee is calculated as a percentage of your mortgage. This is known as
default insurance. (Please note that INVIS will calculate this amount for
you automatically if your mortgage falls into this category.)
Multiple
Listing Service (MLS)
A service
of a local Real Estate Board which publishes and exchanges details of properties
registered with them. While this used to be for the exclusive use of registered
Realtors, it is now possible for a private individual to "list" a property
without committing to pay a Realtor a "listing commission" if the property
sells. The majority of properties sold in Canada are sold through the local
MLS.
Municipal
Levies
Special
levies can be charged by municipalities to recover the cost of special
services, if these services cannot, for some reason, be funded out of general
revenues, or apply primarily to home buyers. Examples: Water meter installation;
road improvements, sewer improvements.
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Open
Mortgage
This
allows you to pay back the borrowed funds without notice or penalty. There
are two types of open mortgages:
Fixed
rate mortgages; the term is usually fairly short (6 months to a year) and
the interest rate will be higher than on a closed mortgage.
Variable
Rate Mortgages (VRM's) are usually open (and are "collateral" type mortgages)
but recently, several institutions have introduced closed versions.
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PITH
Principal,
Interest, Taxes, Heating and half of Condo Fees, if applicable. Otherwise
known as your "shelter expenses". This is a basic component of the ratios
used to determine whether or not you qualify.
Portable
Mortgage
A mortgage
which allows you to transfer the amount and terms over to a new property
without cost or penalty. The mortgage will, of course, have to be registered
on title of the new property, so strictly speaking it is not identical
in all respects. While most mortgages have a portability feature, in the
event you might need more money when you transfer the mortgage over to
the new property, make sure you either have the right to blend in any new
funds required, or can arrange the additional funds separately.
Prepayment
Privilege(s)
The right
to repay periodically more than the scheduled principal payment. Historically
this was limited to a single annual payment on the anniversary date of
no more than 10% of the original principal. In recent years, however, prepayment
privileges have become more lenient, reflecting peoples' desire to pay
their mortgages off on an accelerated basis. See also Double-Up.
Prepayment
Penalty
If your
mortgage is not fully open, you may be charged a penalty if you want to
pay off all or part of your mortgage before the end of the fixed term.
The normal prepayment penalty is the greater of three months' interest
or the Interest Rate Differential (IRD) on the amount to be prepaid. CMHC
(for insured mortgages) and a few of the major lenders set the maximum
penalty at 3 months interest after the mortgage has been in effect for
three years, regardless of the number of times it has been renewed.
Principal
The amount
of money owing on your mortgage, including accrued unpaid interest.
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Refinance
Obtaining
a new mortgage on an existing property. You might be looking for more money,
a better rate, or different prepayment terms.
Registration
Fees
Fees
paid to the provincial government for recording a title transfer, mortgage
registration or other instrument such as an Assignment or Lien with the
local authorities.
Registered
Retirement Savings Plan (RRSP)
A Federal
Plan which allows a taxpayer to contribute approximately 18% of earned
income — to a maximum of $13,500 into a retirement plan "tax free". If
the taxpayer has already paid tax on personal income, then the RRSP contribution
(which can be made until March 1st of the year following the year in which
the income was earned and taxed) can result in a significant tax rebate.
Since
RRSP's can be caught up retroactively, this facility and the large cash
refunds it can generate are central to numerous Realtor-driven programs
designed for first time buyers.
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Simple
Interest
Interest
which is computed only on the principal balance. It is not compounded by
calculating interest payable on accrued interest.
Survey
The legal
written and/ or mapped description of the location and dimensions of your
land. The survey should also show the dimensions and placement on the lot
of any structure, including additions such as pools, sheds and fences.
An up-to-date survey is often required by a lender as part of the mortgage
transaction.
Switch
This
is the term almost universally applied to changing lenders at the end of
a term, when the mortgage becomes "open". Most lenders will now pay all
of the costs of a "switch." (as well as giving them a reduced rate to lure
them away from a competitor)
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Tax
Certificate
At the
time of a sale, the lawyer for the buyer must confirm that local taxes
have been paid up to date. If they are, a Tax Certificate is issued, from
which any adjustments can be made — usually requiring the buyer to compensate
the seller for any prepaid taxes. If they are not up to date, the municipality
requires that the seller pay them off from the proceeds of the sale. If
there are insufficient proceeds, then it may fall upon the buyer to pay
them.
Title
Insurance
Insurance
offered by Title Companies to protect a landowner, and thus the mortgage
lender against any "clouds" or legal questions on the title to the real
estate, or of legal priority of the mortgagee.
Total
Debt Service Ratio (TDS)
The percentage
arrived at by dividing your monthly shelter costs (principal, interest,
property taxes, heating and half of condo fees) PLUS all other monthly
debt obligations by your gross monthly income and multiplying by 100. This
is used by all lenders as the "upper limit" yardstick by which to measure
the ability of a borrower (or borrowers) to make mortgage payments. For
example, most lenders require that this ratio be no more than 40% for a
particular application, with some as low as 37%. 40% is also the maximum
qualifying TDS in most applications for default insurance.
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Undertaking
This
is a promise by a Lawyer to ensure that certain conditions (usually of
the lender) are met (usually after closing, due to time constraints). The
best example is the undertaking to register a discharge of an old first
mortgage after the new one has been registered, because there is simply
not enough time to do so at closing. It also governs such closing dynamics
as releasing funds before a new mortgage document is officially registered.
Underwriting
The process
of deciding whether or not to lend you money (or how much to lend you)
based on all the information you have given the lender. Every lender has
a different underwriting process and lending criteria which differ to some
(usually small) extent from other lenders.
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Variable
Rate Mortgage (VRM)
The interest
rate is compounded semi-annually or monthly and fluctuates with the prime
rate at the chartered banks.
Verification
of Employment
The lender
will sometimes contact an applicant's employer in order to verify information
provided in a mortgage application or a job letter; your income structure,
length of employment, position, and so on.
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Work
Orders
Municipal
by-laws ("zoning" by-laws) require among other things that residential
property be maintained in a safe and habitable condition, and that a property's
use conform to specific requirements (no illegal basement apartments, satellite
antenna, etc.). |