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.
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;
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").
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.
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.
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 GE Capital Mortgage Insurance Corporation
or CMHC (Canada Mortgage and Housing Corporation). This
maximum home value will vary according to location (local
Realtors should know the applicable limit) and eligibility
can vary with personal circumstances.
GE Capital Mortgage Insurance Corporation
Canada's only private 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.
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.
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
InsuranceM") 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%.
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 25% of the purchase
price of the property, the lender is going to require
either private mortgage insurance or public mortgage
insurance through GE Capital Mortgage Insurance Corporation
or Canada Housing and Mortgage Corporation (CMHC). 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.
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.
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
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.
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.).
|