Glossary of Terms
Amortization
Paying off the principal balance
of the mortgage, usually by a combination of equal periodic payments 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 available in Canada
is 40 years.
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.
-
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.
Appraisal
This is an estimate of the
current value of the property (the 'subject property'), using one or both
of the following techniques;
-
The majority of residential
appraisals use the market value comparison approach, 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.
-
A supporting measurement of
value used by many appraisers is the "depreciated cost" approach, 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
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").
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.
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 75% (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.
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, but is used by a lender
to judge the personal commitment to the property. For example, a lender
considers that, if a buyer saved the down payment, or received it as a
gift from a loved one, they will be far more committed to maintaining the
property value and making the mortgage payments than if they acquired it
for "no money down".
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.
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)
or GE Capital Mortgage Insurance Corporation. This maximum home value will
vary according to location (local Realtors should know the applicable limit)
and eligibility can vary with personal circumstances.
First Mortgage
Gives the lender a primary
lien/charge against your house and property which 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.
GE Capital Mortgage Insurance
Corporation
Canada's only private default
mortgage insurer. For more details see Mortgage Insurance.
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.
Hedge
A fairly complex money market
instrument the simple purpose of which is essentially to insure a mortgage
lender (or borrower, through a protected or split-term mortgage) against
interest rate movements. In the lender's case the price of this insurance
will vary depending upon many political and economic factors, but will
generally be lower when interest rates and the economy are less volatile.
The buyer on the other hand can hedge at no cost, or at a reasonable rate
premium by using specifically designed products.
High-Ratio
Mortgage
A mortgage which is greater
than 75% (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.
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.
Land
Transfer Tax (LTT)
A tax payable to the Provincial
Government by the purchaser upon the transfer of title from a seller. In
Ontario a simple formula applies*:
-
First $55,000; One half percent.
(0.5%)
-
$55-250,000; One percent.
-
Over $250,000; One and a half
percent.
| Example: |
Price |
= $370,000:
LTT = ($55,000 * 0.5%) + ($195,000 * 1%) + ($120,000 * 1.5%) |
|
|
= $275 + $1,950
+ $1,800 = $4,025. |
*Please check with your Realtor
as to the rates applicable in your location. SUBJECT TO CHANGE
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 (see "Mortgage Insurance") 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%.
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 25% of the purchase price of the property, the lender is going to
require either private mortgage insurance or public mortgage insurance
through Canada Housing and Mortgage Corporation (CMHC) or GE Capital. The
fee is calculated as a percentage of your mortgage. This is known as default
insurance. (Please note that we 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 homebuyers. Examples: Water meter installation; road improvements, sewer
improvements.
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) although themortgage.com contains
some longer open terms; 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.
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.
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 to get first time
buyers to take the plunge.
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)
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. This is usually considerably less expensive
than the labour-intensive and liability-fraught process of having to have
a lawyer search title, and certify it as "clear" -- a process known as
"certifying
title" or giving an "opinion of title."
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.
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.
Variable
Rate Mortgage (VRM)
The interest rate is usually
compounded monthly and fluctuates with the prime rate at the chartered
banks. In most, but not all cases, the VRM is fully open.
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.
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.). |