A
ABA number -- a number, usually placed near the upper
right corner of checks, which identifies the financial institution on which the
check is drawn. The number is used in sorting and clearing checks. The ABA
coding system was designed by the American Bankers Association.
abatement -- the reduction or cancellation of an
assessed tax.
above par -- a higher dollar amount than the face
value, or par, of a security. The term is used when a security is sold for a
price higher than its face value.
absentee landlord -- a property owner who
does not occupy his or her property, but usually rents it to another or leaves
it vacant.
absolute title -- a clear title that is
free of any liens or judgments. A clear title is normally required before a
mortgage is granted.
abstract of title -- a statement usually
prepared by an attorney that traces the history of ownership of real property
to determine the status of its present title, and includes all items of record
that might impair the title, such as liens, charges or encumbrances.
accelerated amortization -- the restructuring of an
existing mortgage loan by increasing the monthly payments in order to pay off
the loan in a shorter time than the original maturity.
Accelerated depreciation -- the method of speeding
up the write-off from income of qualifying investments at a faster than normal
rate. Annual tax deductions are higher in the first years and diminish in later
years of the write-off.
Acceleration clause -- a clause commonly
included in mortgages and bonds that gives the holder the right to demand the
entire outstanding balance be paid in the event of default. Without this
clause, the mortgagee may have to file separate foreclosure suits as each
installment of the mortgage debt falls due and is in default.
Acceptance -- a written agreement, usually in the form
of a draft, in which one party, the drawee, accepts the obligation to pay a
specified amount of money to another party at a specified place and time. The
drawee is also known as the acceptor, and writes the word "accepted"
over his or her signature. A bank acceptance is a draft drawn on and accepted
by a bank.
Access -- the right to enter and leave a tract of land
from a public road, often used when an owners' property is accessible only by
crossing property owned by another party.
Access savings account -- a type of savings
account in which funds are accessible to the account holder by check, telephone
order, debit card or similar device in addition to in-person withdrawals. NOW
accounts are a type of access savings account.
Accommodation -- the lending of one
person's good name or credit standing to a second person with no compensation
in order that the second person may borrow money from a third person.
Historically, accommodation meant the making of a loan by one person to a
second person who lacks sufficient collateral but has the backing of a third
person.
Accommodation check -- a check written by a
thrift institution on its account with a bank, payable to a third party named
by a customer withdrawing funds to cover the check from his or her account at
the thrift institution.
Account -- (1) an on-going business relationship in
which a depository institution accepts, holds, invests, processes or disburses
funds owned by a customer according to the customer's wishes within a framework
of pre-established rules and procedures. (2) any continuing business
relationship between two parties in which funds or debt is held and processed
to compensate the parties for transactions between them.
Accountant -- a person who performs accounting work.
Account hold -- a warning placed on a
savings, loan or other account to indicate the need for special handling when
transactions are made.
Accounting -- the process of systematically recording,
classifying, verifying and summarizing business transactions, and presenting
this information in periodic, interpretative financial statements and reports.
Accounting equation -- the basic equation of
double-entry accounting that reflects the relationship of assets, liabilities
and net worth (reserves + stockholders equity + retained earnings). The
equation may be expressed in its simplest form as: assets = liabilities + net
worth.
Accounts payable -- amounts recorded as
liabilities on the books of a company, institution or individual that are owed,
but have not yet been paid, to a creditor for previously purchased merchandise
or services.
Accounts receivable -- amounts recorded as
assets on the books of a company, institution or individual that are due, but
have not yet been collected, from a debtor for the previous purchase of
merchandise or services.
Accrual basis accounting -- a method of accounting
whereby income and expense items are recognized and recorded when income is
earned and expense is incurred, regardless of when cash is actually received or
paid. (See cash basis accounting.)
Accrue -- to increase or accumulate. Commonly used in
reference to depreciation, expense, income, interest and other accounting
factors.
Accrued expense -- costs that have been
incurred during an accounting period but have not yet been paid.
Accrued interest -- interest that has been
earned but which has not been paid or credited since the last time that
interest was paid.
Acquisition credit -- fees other than interest
charged by a thrift institution for making, refinancing or changing a loan or a
loan commitment. Acquisition credits are sometimes referred to as loan
origination fees.
Acquisition, development and construction
(ADC) loan --
a loan package to finance acquiring, developing and constructing real estate.
Acquisition discount -- the difference between
the amount of unpaid principal of a mortgage and the price paid for the
mortgage in the secondary market.
Acquisition loan -- a loan for purchasing
raw, or yet to be developed, land.
Acre -- a tract of land containing 43,560 square feet, or
0.0016 square miles of land. An acre measures 208.71 feet on each side. In the
metric system, one acre equals 0.4047 hectare or 40.47 acres.
Actualize -- physical or cash commodities, as distinguished
from commodity futures contracts.
Actual thrift investment percentage (ATIP) -- a ratio whose numerator
is housing-related investments, called qualified thrift investments, and whose
denominator is portfolio assets. The ratio is used to determine whether a
savings association meets the qualified thrift lender test.
Add-on interest -- a procedure in which the
interest payable during the term of the loan is added to the principal of the
loan. The borrower signs a note promising to repay principal plus interest,
although only the principal is initially disbursed to the borrower.
Adjustable rate mortgage (ARM) -- a loan in which the
interest rate is periodically adjusted, moving higher or lower in the same
ratio as a preselected index, such as Treasury bill rates. ARM loans may
include caps on interest rate increases in a given time period, and over the
life of the loan, and may include limits on the frequency of interest rate
adjustments. ARM loans generally have initial below market interest rates in
return for the borrower sharing the risk that interest rates may rise during
the life of the loan.
Adjusted basis -- the original cost of a
property plus the value of any capital expenditures for improvements to the
property, minus any depreciation taken.
Administrative law -- law that is formulated
by a government agency responsible for carrying out statute law.
Administrative law judge -- an attorney appointed to
conduct administrative hearings brought by federal agencies in civil cases.
Such hearings are often held when a federal agency seeks to decide a contested
issue or impose a directive or civil penalty on an individual or an
institution. In most cases after conducting the hearing, the administrative law
judge sends recommended findings and conclusions to the head of the federal
agency, who makes the final decision. The agency head considers the
recommendations of the administrative law judge and any briefs submitted by the
agency staff and the respondent. The hearings are conducted under rules
established by the Administrative Procedures Act. Federal agencies either have
their own administrative law judges on staff or borrow them from other agencies
when they need to conduct a hearing. The Office of Personnel Management assigns
administrative law judges to other agencies upon request. Administrative law
judges formerly were called hearing examiners.
Ad valorem taxes -- property taxes on the
assessed value of a property. Ad valorem is Latin for "according to
value."
Advance -- a loan made by a Federal Home Loan Bank
to a member financial institution.
Advance package -- see preliminary
examination response kit.
Adverse opinion -- an opinion issued by an
independent auditor when the financial statements of a financial institution do
not fairly present the institution's financial condition. See qualified opinion.
Adverse possession -- a claim to acquire the
title to another owner's property by an occupant who has openly and peaceably
occupied that property continuously for a period of time (usually 20 years)
without being challenged by the original owner.
Affidavit -- a sworn statement in writing before an
authorized official, usually a notary.
Affiliated company -- a company that exercises
a significant influence over another company. Any direct or indirect common
ownership.
Affiliated person -- as defined by OTS
regulations, an affiliated person is: (1) a director, officer, or controlling
person of a thrift institution; (2) a spouse of a director, officer or
controlling person of a thrift institution; (3) a member of the immediate
family residing in the same household as a director, officer or controlling
person of a thrift institution; (4) a corporation of which a director, officer
or controlling person: (a) is chief executive officer, chief financial officer,
or a person performing similar functions of a thrift institution, (b) is a
general partner in a partnership with a thrift institution, (c) is a limited
partner in a partnership with a thrift institution and (i) directly or
indirectly, either alone or with members of his immediate family who are also
affiliated persons, owns an interest of 10 percent or more in the partnership
based on the value of his capital contribution, or (ii) directly or indirectly
with other directors, officers and controlling persons, and their family
members who are also affiliated persons, owns an interest of 25 percent or more
of any class of equity securities; or (5) any trust or other estate in which a
director, officer, or controlling person or the spouse of such person has a
substantial beneficial interest or as to which such person or his spouse serves
as trustee or in a similar fiduciary capacity.
Affirmative lending -- the practice of actively
marketing and making loans in areas of particular need: inner-city, low- and
moderate-income, minority and/or older neighborhoods in need of rehabilitation.
Affordable Housing Program -- a program established by
FIRREA, under which each Federal Home Loan Bank uses a portion of its net
income to make grants and advances to member institutions, which in turn use
the funds to make loans for low- and moderate-income housing on below market
terms.
Agencies -- slang for securities issued by an agency
of the federal government, or a corporation chartered by Congress, such as the
FHLMC, FNMA or GNMA. See agency issues.
Agency basis -- the sale of securities
by a broker acting as an agent for others and charging customers a commission
for services. On an agency basis, the broker assumes no risk of holding the
securities directly, but merely handles the buying and selling for others. See
principal basis.
Agency issues -- debt securities issued
by agencies of the federal government or corporations chartered by Congress.
With the exception of the Government National Mortgage Association (Ginnie
Mae), these issues are backed by the issuing agency but not by the full faith
and credit of the U.S. Government. See agencies.
Agent -- a person who acts for or in place of another with
authority delegated by the other person.
Air lot -- a legal description for a condominium
unit, containing both horizontal and vertical dimensions. The air lot generally
extends to the inner faces of the walls, floors and ceiling of the condominium
unit.
Air rights -- the ownership rights of everything above
the physical surface of the land.
Air space -- a two- or three-dimensional space located
above ground level. All condominiums above the first floor are located in, and
represent title to, air space.
Alienate -- to transfer the title to a property from
one party to another.
All savers certificate -- a one-year certificate
of deposit account, with a fixed rate tied to new Treasury bills, issued from
October 1, 1981, through December 31, 1982, with a minimum deposit of $500. The
saver received a once-in-a-lifetime exemption from federal income taxes for ASC
earnings of up to $1,000 ($2,000 on a joint return). All savers certificates
were authorized by the Economic Recovery Tax Act of 1981 as a means of
attracting funds primarily to thrift institutions.
Alternative mortgage instruments (ATI) -- all mortgage plans that
differ from the conventional fixed rate, fixed term, fixed monthly payment,
fully amortized mortgage.
Amenity -- any feature that makes a property more
attractive or valuable. Amenities include such items as off-street parking, a
swimming pool, tennis courts, and proximity to good schools, transportation and
shopping facilities.
American Bankers Association (ABA) -- a national trade
organization of the banking industry formed in 1875.
American Council of State Savings Supervisors
(ACSSS) --
a national organization of state savings institution regulators. It was
formerly called the National Association of State Savings & Loan
Supervisors (NASS&LS).
American Savings and Loan League -- a thrift institution
trade organization primarily representing minority-owned savings and loan
associations. It is affiliated with America's Community Bankers.
America's Community Bankers -- a national trade
association representing savings institutions and community banks. It was
formed on June 1, 1992, through the merger of the United States League of
Savings Institutions and the National Council of Community Bankers. At that
merger, its original name was Savings & Community Bankers of America. The
name was changed to America's Community Bankers on January 29, 1995.
AMMINET -- Automated Mortgage Market Information
Network. A nationwide electronic quotation system developed by the Federal Home
Loan Mortgage Corporation, and operated by a non-profit corporation. The system
provides market information to subscribers on buy and sell orders for various
types of mortgages and mortgage-backed securities.
Amortization -- the repayment of a loan
calculated so that the principal will be paid in full through monthly payments
of principal and interest for a predetermined period of time. Many home
mortgages are fully amortized in 15, 20 or 30 years.
Amortizing swap -- a swap in which the
notional amount of the agreement declines over time according to an
amortization schedule. The rate of amortization may be preset or may be
determined by interest rates.
Annual percentage rate (APR) -- the rate required by
Truth in Lending laws. It is designed to show customers the total cost of
credit, including the stated interest rate plus certain finance and service
charges.
Annual report -- a report prepared by
management once each year describing the financial and organizational condition
of the company, institution or agency and describing the activities that were
engaged in during the past year.
Annuity -- (1) a payment of funds, often at a
minimum guaranteed amount, made yearly, monthly or at other regular intervals.
(2) a type of policy offered by insurance companies in which the policy holder
makes payments for a fixed period or until a stated age, and then receives
annuity payments from the insurance company.
Apartment -- a complete and separate rental living
unit in a building containing other units.
Appellant -- the party that appeals a decision of a
lower court. See appellee.
Appellee -- the party that is the defendant in an
appeal of a lower court decision. See appellant.
Applications Tracking System (ATS) -- an electronic system
employed by the Office of Thrift Supervision to keep track of the processing
and status of thrift industry applications requiring regulatory approval.
Appraisal -- an estimate of the market value of a
piece of property by a qualified appraiser.
Appraised equity capital -- the amount of the
difference between the book value of certain thrift institution assets such as land,
buildings and equipment, and the higher market value of such assets.
Appreciation -- the increase in value of an
item, specifically the increase in
market value of real estate.
Appurtenance -- anything attached to the
land and therefore part of the property and subject to being passed to a new
owner if the property is sold. An appurtenance may be something tangible, such
as a barn, garage, driveway or septic system, or abstract, such as an easement.
Arbitrage -- a transaction in which an investor buys
commodities, funds, mortgages, futures contracts, mortgage-backed securities or
other securities in one market and simultaneously sells them in a different
market in order to profit from differences in price between the two markets.
Are -- a metric unit of land measuring 10 meters by 10
meters, or 100 square meters. An are is also 0.1 of a hectare and is 119.60
square yards.
ARM -- see adjustable rate mortgage.
Arm’s length transaction -- a transaction in which
the parties involved act independently of each other, and in which the
mechanics of the transaction are handled as they would be between strangers.
Sometimes the transaction is conducted by a mutually agreed upon third party,
to ensure that one of the principal parties does not influence the other.
Arrears -- (1) the state of a debt that remains
unpaid following the date of maturity. The term is commonly used in connection
with mortgages, installment payments and other obligations that are due and
payable on specified dates. (2) the money that is past due but unpaid.
Asked price -- the price at which a
security is offered for sale.
Assessed valuation -- the value that a taxing
authority places on real or personal property for the purpose of calculating
taxes.
Assessment -- (1) an estimate of the value of a piece of
real property for the purpose of levying taxes; also called assessed valuation.
(2) a charge against real property levied by a public governing body for a
local improvement, such as a sewer repair or street paving.
Assessment rolls -- the public record of
taxable property within the jurisdiction of the taxing authority.
Assessor -- a public official who evaluates property
for the purpose of determining the taxable value of property.
Asset -- anything owned by an individual or company that
has commercial usefulness or value if sold. An asset may be physical property
or items, or enforceable claims against others. Loans made by a thrift
institution are assets of that institution. Assets also include real estate,
equipment, cash, investments in stocks and bonds, and any other resource that
can be converted into cash. See liability.
Asset/liability management -- a plan or program to
control the difference (also known as spread or net interest margin) between
the rate of interest or earnings received on assets and the rate of interest
due on liabilities. In addition to selecting the mix of complimenting assets
and liabilities, a key part of such a plan is timing the maturity of matched
assets and liabilities. When they come due at the same time, assets can be
reinvested and balancing liabilities can be repurchased at new interest rates
that maintain the desired spread.
Asset turnover -- total gross income
divided by total assets.
Assignee -- the person or institution to whom an
agreement, contract, or interest in real property is transferred.
Assignment -- the transfer in writing of some or all
ownership rights to real or personal property from one party to another.
Assignment of rents -- a legal document that
assigns all rents and income from a property to the mortgagee if a mortgagor
defaults.
Assignor -- a person or institution from whom an
agreement, contract or property is transferred to another.
Assisted merger -- the takeover of a
troubled savings institution by another savings institution with financial
assistance provided from the federal deposit insurance fund.
Associate broker -- a person who has
qualified as a real estate broker but who works for a principal broker licensed
by the state.
Assumable mortgage -- a mortgage contract that
gives the mortgagor the option of transferring primary liability for payment of
the mortgage to a buyer if the property is re-sold with interest rates and
other terms of the original mortgage remaining in effect.
Assumption -- the transfer of primary liability for
payment of an existing mortgage (or deed of trust) from the seller to the buyer
of a property. The seller remains secondarily liable unless specifically
released by the lender.
Assumption fee -- a fee paid to a lender,
usually by the purchaser of a property, upon the assumption of a mortgage.
ATM -- see automated teller machine.
Attached house -- any low-rise residential
structure attached to another by a shared wall, such as a row house or town
house.
Attachment -- a seizure of a defendant's property by
court order with the property held as security for any judgment the plaintiff
may recover in a legal action.
Attest -- to witness or testify; to affirm that a document
is genuine.
At the market -- an order to buy or sell
securities, executed by a broker at the best price available, rather than at a
predetermined price.
At the money option -- an option purchased by an
investor to buy or sell, with a strike price equal to the current market price
of the underlying cash or futures contract. In this instance, the intrinsic
value of the option is zero. Its value reflects the premium paid for the
additional time the holder has to decide whether or not to exercise the option,
in especially in times of price volatility.
Attractive nuisance -- a structure or object on
a property that might entice others, especially young children, into danger,
such as a vacant building or swimming pool
Audit -- a periodic or continuous official examination of
a thrift institution's account records, policies and procedures, confirmation
of account balances and tests of the accuracy of transactions to verify the
stated assets and liabilities of the institution.
Automated clearing house (ACH) -- a computer-based
clearing and settlement facility established to process the exchange of
electronic transactions between participating depository institutions. Such
electronic transactions (or wire transfers) take the place of paper checks.
Automated teller machine (ATM) -- a machine that permits
customers to gain access to their accounts through the use of a magnetically
encoded plastic card and by pushing appropriate buttons on a computer terminal.
ATMs dispense cash, transfer funds from one account to another, accept
deposits, perform other functions, and are generally available 24 hours a day.
Automatic deposit -- see direct deposit.
Automatic transfer service (ATS) account -- a depositor's savings
account from which funds may be transferred automatically to the same
depositor's checking account to cover a check written or to maintain a minimum
balance.
Average rate of return -- the return on an
investment calculated by totaling the cash flow over the years during which
earnings are received and dividing that amount by the number of years that the
investment is outstanding.
B
Back office -- departments of a financial institution
that perform work out of sight of customers, including bookkeeping and the
processing of checks and loan payments.
Bad debt reserve -- a reserve account
maintained by thrift institutions and used to offset losses from foreclosed or
un-collectable loans. Within certain guidelines, contributions to the bad debt
reserve are deductible from the institution's taxable income. The deduction is
known as the bad debt deduction.
Balance -- the remaining amount credited to a
customer's account, representing the amount the customer is entitled to
withdraw, or conversely, the remaining amount of a customer's debt, which is
the amount the customer is obligated to repay. The term also refers to the
ratio of total credits to total debits.
Balance sheet -- a financial statement
that contains the types and amounts of assets, liabilities and net worth of a
company, institution or individual. Also called a statement of condition.
Balloon mortgage -- a mortgage that does not
fully amortize by the end of the loan term. Periodic payments may be for
principal and interest, or for interest only. At maturity, the unpaid principal
is due in a lump sum.
Balloon payment -- the lump sum payment of
the unpaid principal remaining at the end of the term of a balloon mortgage
loan or other non-amortizing loan.
Baltimore Plan -- an early housing plan
implemented in 1944 to upgrade and maintain inner city housing standards. It
included building, zoning, fire protection, and housing laws; a citizens'
advisory council; a housing bureau in the health department; rodent control and
sanitation. The plan was enforced by a special housing court. The Baltimore
Plan was a model and an example to other cities trying to solve similar urban
problems.
Bank -- when lower case in this glossary, refers to a
commercial bank. A commercial bank is an institution that accepts demand
deposits and makes commercial loans.
Bank -- when capitalized in this glossary refers to one
of the 12 Federal Home Loan Banks.
Bank check -- a check drawn by a bank on itself and
signed by an authorized bank officer. Also referred to as a cashier's check,
officer's check, or treasurer's check.
Bank draft -- a check written by one bank on its
account with another bank.
Banker’s acceptance -- a draft drawn on a bank,
which when accepted by the bank, constitutes the bank's obligation to pay the
draft writer's bills from a specified creditor when the bills are due. The bank
literally stamps "Accepted for payment by (name of bank) on (date)"
across the face of the draft. Acceptance converts a depositor's "order to
pay" into an unconditional "promise to pay" by the accepting
bank. Banker’s acceptances are effectively a guaranty of payment for a purchase
and are usually used in financing the import, export, transfer or storage of
goods, and qualify as liquid assets when held by a thrift institution.
Banker’s bill -- a negotiable draft
without supporting papers drawn by one bank on its credit balance at a foreign
bank.
Banking Act of 1933 -- the first major banking
legislation of the Roosevelt administration, it created the Federal Deposit
Insurance Corporation to provide insurance of deposits of member banks. The Act
also provided for the regulation of banks, and limited branch banking. Also
known as the Glass-Steagall Act.
Bank Insurance Fund (BIF) -- the fund that provides
deposit insurance for commercial banks. It is administered by the Federal
Deposit Insurance Corporation (FDIC).
Bank Merger Act (BMA) -- popular nickname for a
section of the Federal Deposit Insurance Act (FDIA).
Bank note -- a promissory note issued by an authorized
bank that is payable on demand to a bearer and can be used as cash. Under law,
such notes are redeemable as money and are considered full legal tender. Bank
notes are also called bank bills or bank currency.
Bank Protection Act of 1968 -- a federal law that
authorized the Federal Home Loan Bank Board and other federal regulators of
depository institutions to set minimum standards to be met by financial
institutions in installing security devices to discourage robberies, burglaries
and larcenies.
Bankruptcy -- the legal process in which a person or
firm declares inability to pay debts. Any available assets are liquidated and
the proceeds are distributed to creditors. A person or firm may be declared
bankrupt under one of several chapters of the federal bankruptcy code: Chapter
7, which covers liquidation of the doubter's assets; Chapter 11, which covers
reorganization of bankrupt businesses; or Chapter 13, which covers work-outs of
debts by individuals. Upon a court declaration of bankruptcy, a person or firm
surrenders assets to a court-appointed trustee, and is relieved from the
payment of previous debts.
BankWire -- an electronic communications network owned
by an association of banks and used to transfer messages between subscribing
banks. BankWire also offers a clearing service called CashWire that includes a
settlement facility.
Basel Agreement -- an accord developed
during a 1975 meeting in Basel, Switzerland of central bankers of the
industrialized nations setting forth guidelines for the supervision of banks.
Included are guidelines for minimum capital requirements. The agreement was
reached by the Committee on Banking Regulations and Supervisory Practices (also
known as the Cooke Committee after its chairman, Peter Cooke), meeting under
the auspices of The Bank for International Settlements.
Baseline program -- another name for the
standard program, under which the Federal Home Loan Mortgage Corporation
purchases mortgages for cash.
Basic rent -- the rent charged in a subsidized housing
project and computed on the basis of a maximum subsidy resulting in a minimum
rent payment under provisions of the HUD Section 236, Subsidized Housing
Program.
Basis -- the difference between the price of related
commodities in the same market or of the same commodity in different markets.
Most commonly used in reference to the difference between the cash market price
of a commodity and the corresponding futures market price.
Basis point -- one basis point equals 1/1OOth of one
percent, or .0001. For example, 50 basis points is equal to 1/2 percent. Basis
points are frequently used to describe spreads or changes in yields of interest
rates.
Basket provision -- thrift industry slang
for provisions in the law that allow savings and loan associations, savings
banks and insurance companies to invest a portion of their assets in
investments not otherwise permitted.
Bauverein -- the German word for building association.
In some U.S. German neighborhoods, local savings associations were called
bauvereins.
Bearer bond -- a bond that does not have the owner's
name registered on the books of the issuing agency or company, and is payable
to whomever holds the bond and bears it to the issuer for payment.
Bearer check -- a check payable to
"cash" or to "the bearer" rather than to a specific party.
Bear hug -- an unsolicited corporate takeover
proposal, made privately or publicly to directors.
Bear market -- a condition of a stock market
characterized by a selling trend and declining prices. Opposite of a bull
market.
Before-tax-income -- gross income less all
expenses except income taxes.
Belly-up -- slang, used to describe a failed project
or institution.
Below-market interest rate -- an interest rate below
the current rate for conventional financing in a given area. Programs with
below-market rates may be used to assist low- or moderate-income buyers.
Bleeder -- another name for a gazebo.
Benchmark -- a mark made on a permanent object
indicating elevation and serving as a reference in land surveys.
Beneficiary -- the person designated to receive funds in
a trust account or an insurance policy.
Beneficiary statement -- the statement of a
lender that shows the remaining principal balance and other information about a
loan. It is usually obtained when a property owner wants to sell or refinance.
It is also called a bene statement, offset statement, or estoppel certificate,
and it is normally requested by escrow or title companies.
Bequeath -- to give personal property in a will.
Bequest -- a gift of personal property made by a
deceased person.
Berg -- a mound of earth created for either decorative
purposes or functional reasons, such as controlling the flow of water or
obscuring undesirable views.
Bid -- (1) an offer of money in exchange for property,
or anything of value that has been placed for sale. (2) an offer to purchase
something of value at a specified price made during an auction. (3) a formal
offer in writing by a contractor to provide a product or service for a certain
price, usually within a specified period of time. (4) in securities markets, an
indication of a willingness to buy at a given price.
Bill check -- a system of payment, in which a debtor
authorizes a creditor to obtain payment directly from the debtor's deposit
account.
binder -- a written statement binding two parties to
an agreement until a formal contract can be executed. A binder is used to
secure insurance for a mortgage until a complete policy is issued.
Baleful -- a house with two distinct levels that are
side-by-side and less than one story apart in height; also called a
split-level.
Bill of credit -- the written request of
an individual to his or her depository institution asking it to deliver money
to the bearer of the request, with the money drawn from the individual's
deposit account, or advanced on the individual's credit.
Bill of exchange -- instructions from one
party to a second party to pay a third party following the completion of an
assignment.
Bill of lading -- a written statement in
which a carrier acknowledges the receipt of freight, identifies the freight,
and sets forth terms under which the freight will be delivered to a destination.
Bill of sale -- a written document that
transfers title to personal property from the seller to the buyer.
Binary -- a math system based on 2s rather than Los,
using only the digits O and 1. It is the operating system for computers.
Blanket -- something that pertains to more than one
item, or more than one piece of property. In a blanket condemnation, a number
of properties are sold through the power of eminent domain. A blanket insurance
policy covers more than one property. A blanket mortgage is a lien on more than
one parcel of land and is frequently used by developers and subdividers.
Blanket mortgage loan -- a loan made to developers
or contractors to purchase one or more tracts of land with the intention of
dividing the land into smaller parcels for resale or development.
Blighted area -- a run-down area in a
community or a neighborhood that is close to becoming a slum.
Block -- the smallest square or rectangular portion of a
city or town surrounded by four streets. A block may be wholly or partially
occupied by buildings or be vacant land.
Blockbusting -- the illegal practice of
some real estate dealers who start rumors that play on prejudices against
minorities, creating panic selling by an area's residents. The dealers buy the
houses from frightened owners at below market prices, and then sell the homes
to minority groups at above market prices.
Blue chip stock -- the common stock of
large, stable companies that have shown consistent earnings and usually have
long-term growth potential.
Board foot -- a unit used to measure lumber. One board
foot is one inch thick, one foot wide and one foot long.
Board of directors -- the group of persons who
make up the governing body of an institution, and are responsible for policy
and overall direction of the organization.
Board of trustees -- the group of persons
that manages a mutual savings bank, establishes the policies under which it is
to be operated, and appoints executive officers. In some states it is called a
board of managers.
Bogus -- false, counterfeit, nonexistent or fraudulent.
Boilerplate -- slang for standard legal language used in
loan forms, real estate closings, etc.
Bona fide -- something that is in good faith, not a
fraud, the real thing.
Bond -- a certificate that is evidence of a debt. The
debt is initiated when the issuer sells the bond to the holder for a specific
amount of cash. The issuer is obligated to pay the holder of the bond a fixed
sum (the bond's face value) at a stated future date and to pay interest
(usually twice a year) at a specified rate during the life of the bond. Bonds
may be issued by corporations, the federal government, and by state and local
governments as a means of raising funds in the capital markets. Bonds may be
issued in registered form, in which the name of the holder is on record with
the issuer, or in bearer form, in which the name of the owner is not registered
and the bond is payable to whomever bears, or presents the bond to the issuer
for redemption.
Bond discount -- the difference between the
purchase price and face value of a bond when the face value exceeds the
purchase price.
Bond premium -- the difference between
the purchase price and the face value of a bond when the face value is less
than the purchase price.
Bonus account -- a savings account that
earns interest at a higher rate if the customer makes regular, scheduled
deposits to the account, leaves a specified amount on deposit for a specified
term, or fulfills other conditions of the account agreement.
Book entry system -- the recording,
transferring and processing of securities solely by electronic means. The
ownership of a security is recorded in a computer file and the purchaser does
not receive a piece of paper evidencing ownership.
Bookkeeping -- the recording and balancing of financing
transactions of an institution.
Book value -- the value of an asset as it appears on
the accounting books of an organization. Book value is the initial cost of the
asset, less depreciation. Book value may be different from market value, which
is the estimated amount the asset would command if sold. Book value also refers
to the total value of a company and is computed by adding all assets, then
deducting all debts and other liabilities, and deducting the liquidation price
of any preferred stock. The book value of a company may be divided by the
number of outstanding shares of common stock to get the book value per share of
common stock.
Borrower -- individual or institution receiving funds
in the form of a loan and obligated to repay the loan, usually with interest. A borrower
is called a mortgagor when the loan is secured by real estate.
Branch office -- an office of a savings
institution that is physically separated from the association's home office,
but that offers the same kinds of deposit taking, loan and other services
conducted at the home office.
Breach -- a violation of a legal obligation.
Breakeven point -- the level of sales or
production at which the total costs and total revenue of a business are equal.
Brick -- slang used to describe a package of currency that
is banded with steel straps.
Bricks and mortar -- slang for physical
branch or main offices of a thrift institution.
Broker -- a person who acts as an agent for others in
selling or buying funds, securities, real estate, insurance or other services
or products.
Brokered deposits -- deposits placed in a
savings institution by a broker. The broker gathers funds from others and
packages the funds in batches of $100,000. The broker then shops for thrift
institutions paying the highest rates and takes out multiple jumbo ($100,000)
certificates of deposit, which typically pay the highest rates of interest and
are federally insured. The practice allows persons with less than $100,000 to
pool their money and earn the higher rates paid by jumbo certificates of
deposit. For his services, the broker charges fees to the investors for getting
them higher rates and/or to the thrift institutions for placing deposits with
them.
Budget -- an itemized listing, usually prepared annually,
of anticipated revenue and projected expenses.
Buffer zone -- an area separating two or more types of
land use, such as between a residential area and a commercial area.
Building and loan association -- another name for a
savings and loan association.
Building codes -- city, county or state
regulations that set forth standards and requirements for the construction,
maintenance and occupancy of buildings. The codes are designed to provide for
the safety, health and welfare of the public.
Building efficiency -- the ratio of net
rentable area to gross building area expressed as a percentage.
Building loan -- a mortgage loan made to
finance the construction of a building. It is advanced in stages as the work is
completed. Also called a construction loan.
Building society -- the British term for a
savings and loan association.
Built-ins -- cabinets, ranges, ovens, and other
appliances or furniture that are attached to the structure.
Bulge -- slang for a sudden, temporary increase in the
price of a security, stock or debt obligation. Any temporary, significant
increase, such as that in the volume of work.
Bull market -- a condition of a stock or securities
market characterized by increased buying and rising prices. Opposite of a bear
market.
Bungalow -- a one- or one and one-half story house
with low exterior lines. In Chicago, a bungalow is a gable-roofed brick
building with two to three bedrooms, a half-sunken basement, and stairs leading
to an attic. Most bungalows were built in Chicago in the 1920s. In India, a
bungalow is a small cottage with a thatched or tiled roof surrounded by a wide
veranda.
Bureau rate -- in some states, a standard rate is
established by a rating bureau for all companies writing policies for hazard
insurance and for title insurance.
Buy -- (1) to acquire ownership of something in
exchange for money. (2) The quality of a purchase, as "It is a good
buy."
Buy-back agreement -- a provision in a real
estate sales contract stating that the seller will repurchase the property
within a specified period of time, usually for the selling price, for a
specific cause such as the purchaser being transferred by his or her employer
from the area.
Buydown -- the practice of a seller, builder or other
party advancing money to a mortgage lender resulting in lower monthly mortgage
payments by a third party, the homebuyer. As the result of a buydown, monthly
mortgage payments may be reduced for the entire life of the mortgage, or for
just an initial period of one or more years. Frequently, the amount of the
buydown is added to the selling price of the property.
Buyer’s market -- a market condition
characterized by an oversupply of items for sale resulting in lower prices for
the buyer. Opposite of a seller's market.
Buying hedge -- also called a long
hedge. Term refers to buying futures contracts to protect against a possible
increase in the cost of buying commodities that will be needed in future.
Buying power -- money and other liquid
assets, plus credit, that is available for spending and consumption of goods
and services.
Buy on margin -- the act of purchasing
securities and paying cash for only a fraction of the purchase price. The
remainder of the price is provided by credit extended by the broker to the
buyer.
Buy-sell agreement -- a written agreement
between a homeowner/borrower, a construction lender and a permanent lender that
assigns the mortgage to the permanent lender when the construction is
completed. Also called a tri-party agreement.
Bylaws -- the regulations that an institution adopts that
set forth duties, limit authority and establish orderly procedures for
conducting business.
C
Cadastral
map -- a
legal map for recording title to a property. The map indicates legal boundaries
and the ownership of the property.
call -- (1) an option to buy a specific security at a
specified price within a designated period. (2) to demand payment of a loan
because of the failure of the borrower to comply with the terms of the loan. (3) to demand
payment for stocks or bonds that have been purchased or subscribed. See
"put."
Calling officer -- a financial institution
employee who goes out to call on prospective new customers and on current
customers in order to strengthen their affiliation with the institution.
Call loans -- loans used to finance the purchase of
securities, and which may be terminated (called) at the discretion of the
borrower or the lender on demand.
Call option -- the option to buy a given amount of a
commodity at a specified price during a specified period of time. Opposite of
put option.
Call price -- the price at which a callable bond or
security is redeemable. It is used in connection with preferred stocks and debt
securities having a fixed redemption value. It is the price the issuer must pay
to call in the security and retire it by paying the holder. The call price
often exceeds the par, or face value, of the security in order to compensate
the holder for the disruption of earnings and the bother of having to reinvest
the funds, possibly at a lower rate of return.
Call protection -- a feature of mortgage
loans or mortgage-backed securities designed to reduce the risk of an early
call, or early prepayment, of a loan or security. Call protection may be
accomplished by including prepayment penalties and lock-in periods in
mortgages. Call protection also may be achieved by structuring a
mortgage-backed security in such a way that if underlying loans are paid
earlier than scheduled, the payments are not immediately passed through to the
investor holding the mortgage-backed security. Investors and lenders sometimes
desire call protection so that their funds will remain invested for the entire
planned length of time, providing a consistent cash flow at predictable rates
and reducing the premature need to look for new investments.
Call provision -- a clause in a mortgage
giving the lender the right to demand and receive payment of the balance of the
unpaid principal in full under certain conditions. A call provision is similar
to an acceleration clause.
Call report -- a quarterly report of
income and financial condition commercial banks file with their federal and
state regulatory agencies. It is equivalent to the quarterly thrift financial
report that savings institutions file with the Office of Thrift Supervision.
CAMELS -- a rating system used by federal government
examiners to evaluate the safety and soundness of a savings association or a
bank. CAMELS is an acronym for the six elements that are evaluated: Capital, Assets, Management, Earnings, Liquidity and Sensitivity
to risk. Each of these elements is rated on a scale of 1 to 5, and an overall
CAMELS rating is assigned to the institution following an examination. A rating
of 1 indicates the best performance, with 5 being the worst. OTS began using
the CAMELS system for thrift institution examinations commenced after April 15,
1994. Previously, OTS had used the MACRO rating system. See MACRO.
Canadian rollover mortgage -- the standard home
financing loan in Canada. Like standard mortgages in the U.S., the Canadian
rollover mortgage is fully amortizing. However, it differs in that the loan's
interest rate is subject to renegotiations every five years, with no limit or
cap on how much interest rates, and therefore monthly payments, can increase
during the life of the loan.
canceled check -- a check that has been
paid by the financial institution on which it was drawn. It is stamped
"paid" on the day it is paid and it is charged to the account of the
person who wrote the check.
Cap -- (1) the maximum allowable interest rate increase
for adjustable rate mortgages. Caps embedded in mortgage agreements may limit
the amount of upward change in the rate of interest at each adjustment period and
provide a fixed maximum over which the rate cannot rise during the life of the
loan. (2) an agreement negotiated between a buyer and seller. The buyer of a
cap agreement pays a fee to the seller. In return, the seller will pay the
buyer if a designated floating index rate is higher than a specified fixed rate
on designated days. The seller pays nothing If the floating rate is below the
fixed rate. Buyers of cap agreements use them to hedge against rising interest
rates, because payments to the buyer increase as rates rise. See floor. See
collar.
capacity -- the ability of a borrower to repay a
debt. It is determined by subtracting total expenses from the total income of
the borrower.
capital -- (1) funds raised by a business through the
sale of stock plus retained earnings. (2) wealth, including money and property,
owned, used, or accumulated by a person or a company. (3) assets minus
liabilities equals net worth or capital.
capital asset -- a long-term or permanent
thing of value used to carry on a business or profession.
capital directive -- an enforceable order
issued by the Office of Thrift Supervision to a savings association requiring
the institution to increase its capital to minimum requirements.
capital expenditure -- money spent for
additions or improvements to structures or equipment that are used to carry on
the activities of an organization or individual.
capital gain or loss -- the gain or loss
incurred from the sale or disposition of assets including securities and real
estate.
capital improvement -- a structure or major
piece of equipment built or installed to permanently add value and capacity to
property.
capitalism -- an economic system based on private
ownership of the means of production. Under capitalism, individuals, companies
or corporations invest in, own, and share in profits (or losses) of the
entities that produce goods, distribute products or provide services.
capitalization -- (1) the value of
authorized or outstanding shares of stock or bonds in a business firm. (2) the process
of adding earned but uncollected interest to the loan balance, a practice
prohibited in some states. (3) a method of estimating the present value of
future income. (4) the total value of an owner's investments in a business.
capitalization rate -- the ratio of net rentals
from an income property to the market value of the property, expressed as a
percentage. In appraising, the capitalization rate is used to judge value for
investment purposes and can be compared to the rate of return on other kinds of
investments.
capitalize -- (1) to supply with capital. (2) to
authorize the sale of a specified amount of capital stock. (3) The accounting
treatment of large expenses as part of a firm's assets. Thus, rather than
treating an expense as a deduction from the income statement, it is treated as
an investment and is expected to generate future income.
capital market -- a financial market in
which long-term debt obligations and equity securities are bought and sold.
capital plan -- a written strategy developed
by a thrift institution detailing steps to be taken to increase its capital to
at least minimum requirements.
capital stock -- the amount of stock a
corporation is authorized to sell by the government authority that grants the
corporate charter. Capital stock is sold by the corporation to raise funds to
be used to expand or stimulate the business activities of the company.
carrying charges -- (1) the part of the
finance charge levied by most creditors to cover administrative costs of
loaning money, such as billing, statement mailing costs, and bad debt losses.
(2) costs incurred in order to hold title to property that is idle,
non-productive, or in an interim use. (3) charges added to the price of goods
or services to compensate for deferred payment. (4) fees charged by investment
brokers for handling margin accounts.
cash -- (1) coins or negotiable paper issued by
governments as well as the balance in demand deposit accounts. For accounting
purposes, cash includes money in the cash drawer, the vault, petty cash and
checking account deposits in thrift institutions or banks. (2) the process of
presenting a check for payment: literally of converting a check to cash.
cash basis accounting -- a method of accounting in
which income and expense items are recorded and recognized when cash is
received or disbursed. Opposite of accrual basis accounting.
cash flow -- the amount of cash earned after paying
all expenses and taxes. Cash flow is calculated by adding: net after-tax income
plus any bookkeeping expenses that result in items being deducted but not paid
out in cash. Such bookkeeping entries include amounts charged off for
depreciation, depletion, amortization, and charges to reserves. Cash flow is a
measure of a company's worth and its ability to pay dividends on its stock.
cashier's check -- a check written by a bank
or thrift institution on its own funds and signed by a cashier. It is payable
to a third party named by the customer who pays for the check at the time it is
written. A cashier's check, which is drawn against the funds of the institution
itself, differs from a certified check, which is drawn against the funds in a
specific depositor's account.
cash investment -- the underlying security
for which futures are traded.
cash market -- a market in which the delivery of
commodities or securities occurs immediately after the sale. Also called a spot
market.
cash-out merger -- a merger in which the
acquiring company buys the stock of the target company for cash, in effect
cashing out the stock of the company being absorbed. This is a variation of a
traditional merger in which shareholders of the target company trade in their
stock for stock in the acquiring company. By paying cash, the acquiring company
reduces its capital by the amount of the cash-out, but gains the assets of the
target company. In a cash-out merger, shareholders of the target company have
no interest in the company that results from the merger.
Cash Wire -- see Bank Wire.
caveat -- Latin for "let him beware." In real
estate transactions, it is a formal warning against the performance of
specified acts.
caveat emptor -- Latin for "let the
buyer beware." It refers to the sale of something of value, without a warranty from the
seller. The buyer takes all risk of any loss in case of defects in the item
sold.
caveat subscriptor (or caveat venditor) -- Latin for "let the
seller beware." It refers to the sale of something of value in which the
seller does not disclaim responsibility prior to the sale. In this situation,
the seller assumes liability to the buyer for any deviations from the
specifications stated in the written sales contract.
cease and desist order -- a formal demand from the
Office of Thrift Supervision, other government agency, or court, to a person or
institution ordering an immediate halt to a specified activity. An OTS cease
and desist order is a formal enforcement action. If the respondent does not
challenge the issuance of the order, it is called a consent cease and desist
order.
cent -- the United States coin with the lowest value. It
is equal to one one-hundredth of a dollar ($0.01).
centare (ca) -- a metric unit that equals
one square meter, or 10.75 square feet. An are has 100 centares, and 100 ares
equal one hectare. Also spelled centiare.
certificate -- (1) a piece of paper that is evidence of
ownership. A stock certificate is evidence of ownership of one or more shares
of a corporation. A savings certificate is evidence that the holder owns a
savings account, usually one in which a fixed amount of funds is deposited for
a specified term. (2) a form of paper money. It is a receipt for silver or gold
held by the government. U.S. silver certificates are the best known. The
privilege to redeem the paper certificate for the gold or silver backing it was
revoked by Congress on June 14, 1968. (3) any written or printed document that
can be used as proof of a fact.
certificate account -- a savings account in
which the depositor is issued a certificate of deposit that states the amount
of funds deposited, the rate of interest to be paid, and the minimum length of
time the certificate must be held in order to collect that interest.
Certificate accounts generally pay higher interest than regular passbook or
statement accounts. The customer is charged a penalty for premature withdrawal
of the funds originally deposited.
certificate of claim -- a written agreement to
reimburse a lender for certain costs incurred in the event of a foreclosure,
contingent on proceeds from the sale of the foreclosed property being
sufficient to cover these costs.
certificate of completion -- a document issued by an
architect or engineer stating that a construction project has been completed in
accordance with approved terms, conditions, plans and specifications.
certificate of deposit (CD) -- the certificate issued
to a depositor who opens a certificate account. The certificate is the written
document issued by the financial institution as evidence of a deposit. It
includes the issuer's promise to return the deposit at a specified future date
plus earnings at a specified rate of interest.
certificate of occupancy -- a written authorization
given by a local government that allows a newly completed or substantially
completed structure to be inhabited.
certificate of title -- a document showing
ownership, usually of real property, an automobile, or recreational vehicle,
giving a description of the thing owned and any liens against the property.
certified check -- a check drawn on funds
in a depositor's account that have been set aside to pay the check on demand.
The face of the check bears the words "certified," or
"accepted," and is signed by an official of the bank or thrift
institution issuing the check to signify that (1) the signature of the drawer
is genuine and that (2) sufficient funds are on deposit and earmarked for
payment of the check.
certified public accountant (CPA) -- a designation given to
accountants who have passed a qualifying examination and met certain
educational and public accounting experience requirements established by a
state licensing authority.
certified thrift regulator (CTR) -- the designation given an
examiner, supervisor or other employee of the Office of Thrift Supervision who
has completed education and experience requirements.
chain -- a measure of length equal to 66 feet.
chain of title -- the history of all the
documents that have transferred title to a parcel of real property starting
with the earliest existing document and ending with the most recent.
change -- money returned from the seller to the buyer when
the buyer gives a sum of money greater than the purchase price. The change is
the difference between the selling price plus taxes, fees or other charges, and
the greater amount of money tendered by the buyer.
change order -- a change in the original
construction plans ordered by the owner or the general contractor.
charge -- (1) a cost or expense. (2) to purchase on
credit. (3) a judge's instruction to a jury.
charge account -- a line of credit that
may be used repeatedly up to a stated limit of credit.
charter -- the legal authorization to conduct
business granted by the federal or state government to a thrift institution or
other business or organization.
chattel -- personal property. All property that is
not real property (owned real estate).
chattel mortgage -- a loan secured by
personal property rather than real estate.
Cheque -- a written order instructing a thrift institution
or bank to pay immediately on demand a specified amount of money from the check
writer's account to the person named on the check or, if a specific person is
not named, to whoever bears the check to the institution for payment.
check credit -- a line of credit that
customers can access by writing a check, up to a preapproved loan limit. Also
called overdraft protection.
checking account -- a demand deposit
account, withdrawals from which may be made by a written, negotiable
instrument.
check truncation -- see truncation.
Christmas Club Account -- see club account.
churning -- slang for excessive trading in a customer's
account by a broker seeking to increase commissions.
circuit breaker -- a state income tax credit
for property taxes paid by elderly or low-income persons.
classified assets -- assets, generally loans,
for which payments are not being made on time. Such assets are classified as
substandard, doubtful or loss. See criticized assets.
classification of assets -- the process of
identifying a loan that is not being repaid on schedule and designating it as
one of three types of troubled loans: substandard, doubtful or loss. An asset
classified substandard has at least one well-defined weakness such as being
under capitalized, or not protected by the paying capacity of the borrower or
the worth of the pledged collateral. A doubtful classification means an asset
that has all of the weaknesses of a doubtful asset plus other characteristics
that make collection or liquidation highly questionable and improbable, but
still possible. As asset classified loss is considered uncollectible and of
such little value that its continuance as an asset on the books of a thrift
institution is not warranted. Designating an asset to one of these categories
is called classifying an asset.
classified loan -- a loan that is not being
repaid on time and has been designated a troubled asset. See classification of
assets.
clearing account -- a bank account used by a
mortgage servicing company for the temporary, short-term deposit of mortgage
payments that have been collected and are either awaiting transmittal to
investors who bought the mortgages or awaiting deposit in escrow accounts.
clearing house -- (1) an agency operated
by financial organizations to exchange and pay checks drawn on each other. (2)
an organization connected with a commodity exchange through which all futures contracts
are reconciled, settled, guaranteed, and later either offset or fulfilled
through delivery of the commodity, and through which financial settlements are
made.
clearing member -- a member of a commodity
exchange who is also a member of the exchange's clearing house.
clear title -- title to property that is
marketable by virtue of its title being free from demands or claims by other
parties and not encumbered in any other manner.
Clifford trust -- a fixed-term,
irrevocable trust account usually opened as a means of reducing the income
taxes of the grantor (the person who opens the account and deposits funds in
the account). The trust must last for a minimum of 10 years. During that time,
income from the account is paid to a named beneficiary, and thus is not taxable
to the grantor. At the end of the term of the trust, the principal, or property
placed in trust, reverts to the grantor.
close-end credit -- a type of credit
arrangement in which the lender, at the time credit is first extended, limits
the amount of credit to a specific amount, determines the length of time for
repayment and determines the amount of each periodic payment. Most real estate
and automobile loans are closed-end agreements.
closed-end mortgage -- a mortgage in which the
amount of debt is fixed and cannot be increased during the life of the loan. It
is the opposite of an open-end mortgage.
closed period -- the period of time
during the term of a mortgage loan when the loan cannot be prepaid.
closing -- the consummation of a financial
transaction. In mortgage lending, closing is the process of delivering a deed,
signing notes, mortgages and other loan documents, and advancing funds by the
lender. All of these transactions normally occur at the same time.
closing costs -- expenses paid by a buyer
and/or seller for the cost of processing the sale or financing of real
property. Such costs include loan fees, title fees, and appraisal fees.
closing price -- the price at which
transactions are made just before the end of trading on a given day.
cloud on the title -- an expression meaning
that a claim or encumbrance on a property prevents the conveyance of a clear
title when the property is sold.
club account -- a savings account
dedicated to a specific goal, such as a Christmas club account or vacation club
account, and based on weekly or biweekly deposits of a fixed amount.
cluster zoning -- a type of zoning in
which density is determined for an entire area, rather than on a lot-by-lot
basis. Within the cluster zone, the developer has greater flexibility in
designing and placing structures so long as the overall density requirement is
met. Developments in cluster zoning often incorporate open, common areas with
park-like settings.
coin -- a small, usually round, flat piece of metal
stamped with a design and issued by a government as currency.
collar -- (1) the highest and lowest rates of interest
that will be paid on the face value of a floating-rate note. (2) an agreement
between a buyer and seller. The buyer pays a fee to the seller. In return, the
seller will pay the buyer if a designated floating index rate rises above or
falls below a specified range of fixed rates. See cap. See floor.
collateral -- something of value that is pledged as
security for a loan. The lender can repossess the collateral if the loan is not
repaid.
collateralized mortgage obligation (CMO) -- a type of bond having
mortgages or mortgage-backed securities as collateral. Principal and interest
payments from an underlying pool of mortgages are redirected to pay the CMO
holders until the CMOs are retired. A single issue of CMOs contains two or more
classes of bonds called tranches, each with a different length of maturity,
providing a form of call protection to the holder of a CMO. A holder who wants
to lock in a CMO investment for a specific length of time will buy into a
tranche with a low risk of being retired early because the underlying mortgages
are paid off early. Such low prepayment risk tranches are called planned
amortization classes (PACs). Changes in prepayment rates in the underlying pool
of mortgages are absorbed first by another tranche, so that the PAC remains
unaffected by prepayment risk. CMOs generally pay principal and interest
semiannually. CMO were first issued by the Federal Home Loan Mortgage
Corporation (Freddie Mac) in June 1983.
collection -- (1) the presentation for payment and the
subsequent actual payment of a draft, check or other obligation. (2) the
process of resolving a delinquent, or past due, mortgage loan including, when necessary,
proceeding with foreclosure.
commercial bank -- a financial institution
chartered by a state or federal agency that accepts demand deposits and offers
commercial loans. Other types of financial services usually are provided as
well.
commercial loan -- a loan to a company to
meet business operating expenses or to finance the purchase of inventory.
commercial mortgage loan -- a mortgage loan secured
by real estate used by a business or to generate income. Also called an income
property loan.
commercial paper -- a written agreement
setting forth the terms and conditions under which funds are borrowed by a
corporation and promising to repay the debt. Commercial paper is issued by
large corporations of good credit standing to borrow unsecured funds for a
short time, usually 90 days, but no more than nine months. Commercial paper is
bought, sold, and traded by individual and corporate investors.
commission -- a fee paid to a person for conducting a
business transaction or performing a service. A commission is usually based on
a percentage of the total transaction.
commitment -- (1) an agreement between a lender and a
borrower to lend money at a future date, provided stated conditions are met.
(2) a promise by Freddie Mac to a primary mortgage lender to buy mortgage loans
at a future date.
commitment fee -- (1) a payment by a
prospective borrower to a prospective lender in return for the lender's promise
to loan money at a specified future date. (2) in the secondary market, a
payment by a primary lender to Freddie Mac or other mortgage buyer for the
buyer's promise to buy loans at a future date.
commitment letter -- a letter sent by a
lender informing a borrower that the lender has approved a loan application for
a specific amount, term and rate, and listing any conditions that must be met
before the loan funds are disbursed.
Committee on Uniform Securities
Identification Procedures (CUSIP) -- the organization that develops and assigns
identifying numbers and symbols for all securities.
commodities futures -- contracts for the future
delivery at a fixed price of goods, such as agricultural or mining products, or
future delivery at a fixed price of securities backed by those products. The
contracts are bought and sold on commodities exchanges. See financial futures.
commodity -- something of value that can be bought or
sold, usually a product or raw material.
Commodity Futures Trading Commission (CFTC) -- a federal agency
responsible for coordinating the commodities industry in the United States. Established
in April 1975, the CFTC is charged with detecting and prosecuting violators of
the Commodity Exchange Act of 1976.
common area -- land or improvements that are designated
for common use by all occupants, tenants, or owners.
common law -- the body of law developed first in
England from judicial decisions shaped by custom and precedent, but not written
in any formal statute. Common law is the basis of the legal system in England
and the United States.
common stock -- securities that are
evidence of proportionate equity or ownership of a corporation, and give the
holder an unlimited proportionate interest in the corporation's earnings and
assets after claims from creditors and the holders of preferred stock have been
met.
Community Investment Program -- a program offered by
each Federal Home Loan Bank to provide advances to member institutions which
use them in community lending to moderate income families.
community property -- a form of ownership in
some states in which property acquired during a marriage is presumed to be
owned jointly unless specifically acquired as separate property of either
spouse.
Community Reinvestment Act of 1977 (CRA) -- requires financial
institutions to meet the credit needs of all segments of their communities,
including low- and moderate-income neighborhoods.
compensating balance -- a dollar amount equal to
the lowest percentage of a line of credit that the customer of a financial
institution is expected to maintain, usually in a demand deposit account, as a
condition for being granted the line of credit.
compliance exam -- an examination of a
savings institution to determine how well it is complying with federal law and
regulations, particularly those dealing with consumer protection and
non-discrimination.
compliance period -- the period of time during
which a thrift institution must comply with a regulation, ruling, order, or
resolution of its regulatory agency.
compound interest -- the interest that
accrues when earnings for each specified period of time are added to the
principal, thus increasing the principal base on which subsequent interest is
computed. See simple interest.
Comptroller of the Currency (OCC) -- a federal office created
by Congress in 1863 as a part of the national banking system. The Comptroller
of the Currency is a bureau of the Treasury Department and charters, regulates
and examines national banks. The Comptroller of the Currency came into being
during the civil war. In part to finance the war debt, Congress authorized
federally chartered banks that were to issue bank notes -- in other words,
currency. Initially, the OCC provided the bank notes to these federally
chartered banks, and each bank then printed its own name on the paper money it
put into circulation. Thus, the agency got its name from its original
responsibility of controlling the currency it distributed to these federal
banks.
condemnation -- the legal process for
taking over privately owned property for public use, under the right of eminent
domain, with just compensation to the owner.
conditional endorsement -- a type of restrictive
endorsement on a negotiable instrument that designates both the next
titleholder and conditions to the endorser's liability.
condominium -- a single dwelling unit in
a multi-unit structure in which each unit is individually owned. The owner
holds legal title to his or her unit and owns the common areas (roof, basement,
halls, stairs, etc.) and land jointly with other unit owners. An owner may live
in his or her condominium, rent it or sell it. Owners pay individual property
taxes and may claim tax exemptions just as they would if they owned a free
standing, single-family home.
conduit -- (1) industry term for a firm through which
mortgages flow. The company issues mortgage-backed securities based on mortgage
loans it buys from a number of primary lenders. (2) a type of roll-over IRA
used by individuals to transfer all or any part of a lump-sum distribution from
one retirement plan to another retirement plan. (3) any intermediary between a
lender and an investor.
confession of judgment -- a clause in a loan
contract providing that the borrower waives the right to be notified and the
right to be heard in court if the lender brings suit and obtains a judgment
against the borrower in the event of a default. This credit practice was
prohibited by regulation in 1985.
Confidential Individual Information System
(CIIS) -- a
computerized nationwide data base used by the various national and local
offices of the Office of Thrift Supervision to collect and share information
about persons who require particular supervisory attention. The system is
designed to alert federal regulators to persons who have been the subject of
supervisory concern. CIIS is used to prevent persons who have been caught
violating regulations in one savings institution from moving to a different
part of the country and causing problems in another institution.
conflict of interest -- a situation in which a
person may realize personal benefit from decisions or actions he or she may
take on behalf of something the person is entrusted to manage or care for. For
example, a director of a savings association would have a conflict of interest
approving loans to companies in which the director has a personal interest.
conforming loan -- a mortgage loan that
conforms to regulatory limits such as loan-to-value ratio, term and other
characteristics.
congregate housing -- a housing development in
which a central dining facility is provided and some or all of the dwelling
units have no kitchen facilities. This type of arrangement is sometimes used in
housing for the elderly, who want to be free of cooking chores.
consent merger agreement -- a type of supervisory
agreement in which the board of directors of a troubled savings institution
agrees to have the Office of Thrift Supervision arrange for a merger of the
troubled institution into another institution. Such arrangements were formerly
called consent agreements or consent resolutions, but in the late 1980s they
began to be handled as a type of supervisory agreement. See supervisory
agreement.
conservator -- (1) a person appointed by a court to
protect and preserve the property of an individual who is physically or
mentally unable to handle his or her own affairs. (2) a person appointed by a
court to protect the interests of an estate. (3) an agency or person placed in
charge of a troubled savings institution or bank by federal or state
authorities to protect and conserve the assets of the institution while more
permanent measures for dealing with the institution are worked out.
conservatorship -- the state of being under
the control of a conservator. A conservatorship affects the control and
operation of an institution or company but does not alter its ownership. See
receivership.
consideration -- an element that is
required in all valid contracts. A consideration is anything of value. All
parties to the contract must exchange something of value.
consignee -- the ultimate recipient of goods being
shipped.
consignment -- the act of entrusting goods to a dealer
for sale, but retaining ownership of them until sold. The dealer pays the
seller only when and if the goods are sold.
consignor -- the originator of a shipment of goods.
consolidate -- to bring together various financial
obligations under one agreement, contract, or note.
consolidated obligations -- debt instruments (bonds
and discount notes) sold by the Federal Home Loan Banks through the Office of
Finance. The obligations consolidate the borrowing needs of all 12 Banks into
joint securities offerings sold in the capital markets. The Banks share the
funds raised by the sale of the securities, and they share the obligation to
repay the debt. Thus each Bank is legally responsible for repayment of its own
debt plus the debt of all other Federal Home Loan Banks.
consolidated metropolitan statistical area
(CSMA) -- a
geographic unit composed of two or more adjacent standard metropolitan
statistical areas having a combined population of one million or more, with
close social and economic links.
consolidation -- the results obtained on a
balance sheet when the accounts of a parent company and its subsidiaries are
combined to reflect the financial position and operating results of the group
as if it operated as a single entity.
consolidation loan -- a loan that
consolidates, or pays off, several old loans and replaces them with one new
loan, usually to obtain a lower interest rate or lower monthly payment by
extending the loan over a longer period of time.
consortium -- a group of corporations, financial
institutions or other companies that join forces to achieve a mutually agreed
upon objective, requiring cooperation and pooling of resources.
constant dollars -- the price paid for
something in previous years, adjusted for inflation to equal what the price
would be in current dollars. Constant dollars permit comparisons of the true
cost of goods and services or other financial data from different time periods.
constant payment -- a periodic payment of a
fixed amount that includes interest and principal. While the total amount of
the payment remains the same, the ratio of principal and interest included in
the payment changes. As the loan is paid off, the portion of the payment
applied to the principal increases. Most home mortgages are constant payment
loans.
construction loan -- a short-term, interim
loan for financing the cost of construction. The lender makes payments called
draws to the builder at periodic intervals as the work progresses.
consumer credit -- any loan or extension of
credit to an individual for personal, family, or household use not involving
real estate.
Consumer Price Index -- a monthly measure of
changes in the prices of goods and services consumed. The index is compiled by
the U.S. Bureau of Labor Statistics.
continuing examination file -- a file containing
information of continuing interest to on-site examiners. Such items as
policies, business plans, articles of incorporation and bylaws are included in
the file.
contra -- against, opposite, or contrasting. In
accounting, a contra entry is one which is offset by an opposite entry, either
a debit or credit.
contra asset -- an item that is entered
on the asset side of an accounting ledger even though the item has a credit
(negative) balance. For a thrift institution, contra assets include such items
as deferred income and loans in process.
contract -- a binding agreement between two or more
persons or entities, such as companies or institutions, by which rights to
specific goods, services or actions are acquired by the parties to the
contract.
contract for deed -- a written agreement
between the seller and buyer of a piece of property, whereby the buyer receives
title to the property only after making a determined number of monthly
payments; also called an installment contract or land contract.
controller -- the chief financial officer of a company,
financial institution or other entity. The controller is responsible for
supervising the operations of the accounting department and preparing its
financial reports. Also spelled comptroller.
controlling person -- anyone who directly,
indirectly, or acting in concert with one or more persons or companies, or
together with members of the immediate family, owns, controls, or holds with
power to vote, 10 percent or more of the voting stock of a savings institution,
or controls in any manner the election or appointment of a majority of the
institution's board of directors.
conventional mortgage loan -- a fixed- or
adjustable-rate, fully amortized loan secured by a mortgage or deed of trust
that is not insured or guaranteed by an agency of the federal government (such
as FHA or VA).
convergence -- the narrowing of futures
prices to cash prices as the delivery date approaches.
conversion -- in the financial services industry, the
term refers to a change of ownership of a thrift institution from mutual to
stock form (or vice versa), or a change of charter from state to federal (or
vice versa). See supervisory conversion.
convertible -- a bond or a preferred stock that, under
specified conditions, may be exchanged for common stock or another security,
usually of the same issuer.
convexity -- rate of change in duration with respect
to changes in interest rates. Positive convexity occurs when durations shorten
as interest rates rise or lengthen as interest rates decrease. Negative
convexity occurs when durations lengthen as interest rates rise or shorten as
interest rates decrease. Mortgages typically have negative convexity, because
as interest rates rise the incentive to prepay is reduced, thus extending the
duration of the mortgage.
convey -- the act of transferring title to real property
from one party to another.
conveyance -- a document, such as a deed, used to effect
a transfer of property from one owner to another.
cooperative -- a system of indirect ownership of a
single unit in a multi-unit structure. The individual owns shares in a
non-profit corporation that holds title to the building. In turn, the
corporation gives the owner a long-term proprietary lease on the unit. The corporation
may finance the property with a blanket mortgage. Homeowners, in turn, may get
a share loan to finance
the purchase of the shares that entitle them to occupy a specific apartment.
Also called a co-op.
cooperative banks -- state-chartered savings
associations located in Massachusetts, New Hampshire, Rhode Island and Vermont.
core capital -- one of three capital
standards established for savings institutions in 1989. The minimum amount of
core capital for the soundest institutions is 3 percent of assets. See tangible
capital, risk-based capital.
core deposits -- those deposits that are
expected to remain with a savings institution for a relatively long period of
time. Such deposits are attracted by the convenience and service offered by the
institution rather than from interest rates paid.
core deposit intangibles -- a premium paid to
acquire the core deposits of an institution. The premium is the amount paid in
excess of the dollar amount of the deposits, and under accounting rules, the
premium is listed on the books as an intangible asset.
corner lot -- a lot abutting two or more streets at
their intersection.
corporation -- a group of people granted
a charter legally recognizing them as a separate entity having its own rights,
powers, privileges and liabilities distinct and separate from those of its
members.
corporator -- (1) a member of a corporation, especially
one of the original members who formed the corporation. (2) one of a group that, in certain
states, elects the trustees of a mutual savings bank.
corporeal property -- real or personal
property having form or structure, such as a house, furniture, land, equipment
or an automobile.
correspondent bank -- a bank that regularly
performs services for another financial institution usually located in another
city or marketing area. Services typically include handling out-of-area checks,
trusts and technical services, and acceptance of deposits from the out-of-area
institution.
cosigner -- an individual or entity that signs a
legal document on an equal basis with the signer. On a promissory note, all
cosigners are individually and jointly liable for repayment of the full debt.
cost -- something of value, usually an amount of money,
given up in exchange for something else, usually goods or services. All
expenses are costs, but not all costs are expenses. (An expense is the cost of
resources used to produce revenue.) As a verb, cost means to estimate the
amount of money needed to produce a product or perform a service.
cost accounting -- a branch of accounting
dealing with the classification, recording, allocation, summarization and
reporting of current and prospective costs and analyzing their behaviors. Cost
accounting is frequently used to facilitate internal decision making and
provides tools with which management can appraise performance and control costs
of doing business.
cost approach to value -- an approximation of the
market value of improved real estate measured as the cost of reproduction or
replacement.
cost basis -- the original price of an asset, normally
the purchase price or the appraised value of the asset at the time of
acquisition.
cost-effective -- economical in terms of
tangible benefits produced by money spent.
cost of funds -- the interest paid or
accrued on savings, advances from a Federal Home Loan Bank or interest on other
funds borrowed by a thrift institution, expressed as a percent of its average
total savings and borrowings during a given accounting period.
cost of funds index -- a measure of how much
interest a financial institution must pay for money it borrows from savers in
the form of deposits, or from other lenders such as a Federal Home Loan Bank.
The index, expressed as a percentage, is calculated by dividing the total
amount of interest (or costs) paid or accrued on deposits, on District Bank
advances and on other borrowed money, by the average amount of deposits and
borrowed money on hand during a reporting period. A cost of funds index, such
as the one published by the Office of Thrift Supervision, may be used by
lending institutions as the basis for adjusting interest rates on adjustable
rate mortgage loans.
cost-plus contract -- a construction contract
in which the contract price is equal to the cost of construction plus a profit
allowance to the builder, as opposed to a fixed price contract.
counterfeit -- something that is an imitation and is
made to deceive persons into believing that the forgery is genuine. Counterfeit
money, for example, are bills printed by private parties to be passed off as
legitimate U.S. currency.
counterparty -- the other party in a
swap transaction.
countersignature -- an additional signature
attesting to the authenticity of the first signature or the authenticity of the
document being signed.
coupon -- (1) a tab attached to a bond, which can be torn
off and presented to collect an interest payment, usually semiannually. (2) a
percentage of a bond's face value, which is the annual rate of return received
by the bondholder.
coupon bond -- a written document evidencing a debt
obligation to which interest coupons are attached. Each coupon bears a
different maturity date and states the interest due on that date. The
bondholder clips the coupons from the bond as they mature and presents the
coupons to the bond issuer for payment of interest.
coupon book -- a set of notices, usually computer
generated, that the borrower returns to the lender, one at a time, with each
loan repayment or with each deposit to a savings account such as a club
account.
coupon rate -- the annual interest rate of a debt
instrument. More generally, the annual interest rate on any indebtedness. In
mortgage banking, the term is used to describe the contract interest rate on
the face of a bond or note.
court -- (1) an open area between buildings or walls. (2)
an institution in which disputes and conflicts are heard, argued and decided on
the basis of law. (3) an area equipped for playing such games as tennis or
racquetball, and sometimes provided as an amenity for owners or tenants in a
housing development.
court of equity -- a court of law in which
mortgage suits and foreclosure actions are heard and decided.
covenant -- the part of a loan agreement that sets
forth constraints as to what the borrower will and will not do regarding the
property pledged as collateral for the loan. Covenants may also be written into
a deed. Real covenants bind subsequent owners of the property while personal
covenants do not.
covered assets -- assets of a failed
financial institution that are purchased or acquired under a government program that
protects the new owner against all or partial loss when the assets are sold.
cramdown -- a court-ordered reduction of the secured
balance due on a home mortgage loan, granted to a homeowner who has filed for
personal bankruptcy. In a cramdown, the bankruptcy court splits the outstanding
mortgage balance into two parts. The amount of debt equal to the current
appraised value of the home is treated as a secured claim, which the borrower
must continue to pay. The amount of debt in excess of the current property's
value becomes an unsecured claim, which is usually not repaid in full. In areas
where home prices have depreciated, cramdowns can result in significant
mortgage reductions. In some cases, the judge may order the remaining secured debt
amortized over the remaining life of the loan term, thus lowering monthly
payments. In other cases, monthly payments remain the same as before the
cramdown, and the secured mortgage is simply paid off faster.
credit -- (1) the provision of goods or services in
exchange for the promise of future payment. (2) an accounting term that refers
to the right-hand side of an account record in which the amounts are entered in
a double-entry system of bookkeeping.
credit bureau -- an agency that collects
and distributes credit-history information of individuals and businesses.
credit card -- a plastic card that can be used by the
cardholder to make purchases or obtain cash advances using a line of credit
extended by the financial institution that issued the card. The card normally
contains the cardholder's name and account number and may contain other
information encoded on a magnetic strip. Some credit cards may be used in
automatic teller machines.
credit crunch -- slang for a general
economic condition in which loans are harder to obtain.
credit life insurance -- insurance on the life of
a borrower that pays off a specific amount of debt or a specified credit
account if the borrower dies.
creditor -- an individual, business or other organization to
whom money or something of value is owed.
credit rating -- an estimate of the
likelihood that a borrower will repay a loan on time. This measure of
creditworthiness is based on the borrower's present financial condition, past
credit history, integrity and experience.
credit risk -- an estimate of the
probability that a borrower will not repay all or a portion of a loan on time.
The risk that a loan will not be repaid.
Credit Standards Advisory Committee (CSAC) -- an independent committee
established by Congress in the Financial Institutions Reform, Recovery and
Enforcement Act of 1989. The committee consists of representatives of the five
federal bank/thrift regulatory agencies plus six members of the public who are
knowledgeable with the credit standards and lending practices of insured
depository institutions. The committee's mission is to monitor and review the
credit standards and lending practices of federally insured depository
institutions and recommend any needed changes in federal regulation and supervision.
credit union -- a cooperative
organization chartered by state or federal government that accepts savings from
its members and makes low interest loans to its members. Credit unions are
normally formed among members who are employed by the same company or are
members of the same organization.
criticized assets -- loans with payments in
arrears that are rated by government examiners as substandard, doubtful, loss
or special mention. Criticized assets include classified assets plus those
listed as special mention. See classified assets.
cubage -- a method of appraising property using the cost
approach. The front, or width, of the building is multiplied by the depth of
the building and by its height, figured from the floor of the basement to the
outer surfaces of the exterior walls and roof. The total cubic measurement is
then multiplied by a cost-per-cubic-foot factor to obtain the appraisal figure.
cul de sac -- a street with a dead end, usually with
adequate space at the end for vehicles to turn around.
Culpeper Switch -- a federal reserve
facility located in Culpeper, Virginia, just south of Washington, DC, housing
computers that serve as a central relay for messages transmitted electronically
on the Fedwire. Messages moving billions of dollars of funds and securities are
processed electronically every day at the Culpeper facility. Most messages
originate at financial institutions, are sent to Federal Reserve Banks and then
are transmitted to Culpeper, where they are switched to other Federal Reserve Banks
and finally to receiving financial institutions.
currency -- coins and paper money, which circulate as
a legal medium of exchange.
current ratio -- the ratio of total
current assets to total current liabilities, calculated by dividing current
assets by current liabilities.
current value accounting -- an accounting method that
measures the value of individual assets at the current prices they would
command rather than at the actual dollar cost at which they were purchased in
earlier times.
CUSIP number -- a number assigned to
securities by the Committee on Uniform Securities Identification Procedures
(CUSIP). The identifying numbers and codes are used to record all buy and sell
orders.
custodial gift -- a gift to a minor child
from an adult who retains control over the gift, or grants such control to
another adult, until the child reaches maturity age and legally can accept
responsibility for the gift. A custodial gift may be in the form of a custodial
savings account at a depository institution.
custodian -- a financial institution that holds in
custody and for safekeeping the securities and other assets of an investment
company.
customer draft -- see sight draft.
D
daily interest account -- a savings account that
computes and pays interest each day from the date of deposit to the date of
withdrawal.
dead load -- the permanent, inert weight of a building,
exclusive of furniture and occupants.
dealer -- a person or business firm acting as a middleman
to facilitate distribution of securities or goods. Typically, a dealer buys for
his or her own account and sells to a customer from the dealer's inventory.
Thus a dealer acts as a principal rather than as an agent. The dealer's profit
or loss is the difference between the price he pays and the price he receives
for the same security or goods. The same individual or company may, at
different times, function as a dealer or as a broker, who buys and sells for
his clients' accounts.
dealer paper -- retail installment
contracts that are purchased by a financial institution for a price negotiated
with a dealer. The transfer of the loan contract from merchant to dealer to
financial institution is evidenced by the execution of the assignment section
of the contract.
debenture -- an unsecured debt instrument or bond
backed only by the general credit standing and earning capacity of the issuer.
Debentures are used to obtain capital funds.
debit -- (1) in accounting, an entry on the left-hand
side of an account record in which amounts are recorded in a double-entry
system of bookkeeping. (2) a charge to a customer's access account or deposit
account.
debit card -- a plastic card with which a customer may
withdraw funds on deposit in the customer's account using an automated teller
machine. Some merchants accept debit cards, treating them the same as cash. A
debit card transaction pays the seller of goods or services by withdrawing
funds already on deposit in the buyer's account, as opposed to a credit card
transaction in which funds are loaned to the buyer by the card issuer.
debt -- money, services, goods or anything else of value
that is owed by one person to another as the result of a previous agreement.
debt capital -- money loaned at a stated
interest rate for a fixed term of years, distinguished from equity capital.
debtee -- a creditor, one who lends money.
debt financing -- the long-term borrowing
of money by government or a business, usually in exchange for debt securities
or a note, in order to obtain working capital or to retire other indebtedness.
debt investment -- investment in the
financing of property or of some endeavor, in which the investor loaning funds
does not own the property or endeavor, nor share in its profits. If property is
pledged, or mortgaged, as security for the loan, the investor may claim the
property to repay the debt if the borrower defaults on payments. Also see
equity investment.
debtor -- a person who owes something of value, such
as money.
debt service -- the payments of
principal and interest by a borrower to a lender. Commonly used in reference to
mortgage loans and long-term government or industrial bonds. The payments may
be monthly, quarterly, semiannual or annual.
debt service constant -- a factor that,
multiplied by the original loan principal, yields the annual debt service
payment (principal plus interest) required to amortize a loan.
decedent -- a deceased person, ordinarily used with
respect to one who has died recently. A savings account held in the name of an
executor or administrator of a deceased person's estate is called a decedent
estate account.
declaration of condominium ownership -- a complex legal
document, with appropriate addenda, that provides for qualifying a multiunit
property for condominium development and sale in accordance with a state's condominium
law.
declining balance -- the balance of
outstanding debt that decreases with each payment. The service charge is often
computed on the declining balance.
declining balance depreciation method -- a depreciation method
that converts the cost of an asset into a periodic expense. The method permits
charging larger amounts of depreciation expenses in earlier years and lesser
amounts later. In calculating annual depreciation charges, a constant
percentage is applied each year to the net asset after deducting the previous
accumulated depreciation until the asset's value is reduced to its net residual
value at the end of its useful life.
decree of foreclosure and sale -- a court decree of
judgment that establishes the outstanding mortgage debt and orders the property
sold to satisfy the debt.
dedication -- the giving of land by its owner, free of
cost, for some public use and its acceptance for such use by an authorized
public official.
deed -- a written agreement in proper legal form that conveys title to, or an
interest in, real property.
deed given to secure a debt -- a form of mortgage in
which title to the property is conveyed from the borrower to the lender as security for the
repayment of the debt. Also called a deed absolute.
deed in lieu of foreclosure -- the transfer of title to
real property from a delinquent mortgagor to the mortgagee, given to satisfy
the obligation of repaying the balance due on the defaulted loan and thus
preventing foreclosure.
deed of trust -- a deed that establishes
a trust. It is used in some loan transactions in place of a mortgage. In a
trust deed the property on which money has been lent is conveyed as collateral
to a trustee, who holds it in trust for the benefit of the holder or holders of
the loan notes. A trust deed is often used where several notes are held by
different individuals. The trust deed states the authority of the trustee and
any conditions which must govern the actions of the trustee in dealing with the
property. These include the condition that the trustee shall reconvey the title
of the property to the buyer of the property when the debt has been repaid. The
trustee also has power to sell the property and pay the debt in the event of a
default on the part of the debtor.
deed restriction -- a limitation written into a
deed limiting or restricting the use of the real property.
de facto -- Latin for "in actual fact."
Something that is in reality, actual and existing regardless of legal or moral
considerations.
defalcation -- the misappropriation, misuse, theft or
embezzlement of funds by someone entrusted with them.
default -- failure to do something that is required
by duty, law, or the terms of a loan or other contract. The term is commonly
used when a corporate, institutional or governmental borrower fails to pay the
principal or interest on a debt when due.
defeasance clause -- the clause in a mortgage
agreement that gives the borrower the right to redeem title to the property
upon payment to the lender of the complete debt obligation.
deferred expense -- an expense that is paid
before the corresponding benefit is fully received, such as a prepaid insurance
premium. For accounting purposes, the expense is listed as an asset until the
paid-for benefit is obtained, and is usually prorated over a number of
subsequent accounting periods.
deferred income -- any income that is
received before it is due or before it is earned. Rent paid in advance is an
example of deferred income that is received during one accounting period but
earned in later accounting period. Interest received that applies to a
subsequent period of the loan term is also deferred income. The crediting of
the income is deferred until such time as it is earned. Until then, it is
listed on a balance sheet as a current liability.
deficiency judgment -- a court order that
declares the property securing a debt to be worth less than the amount of
outstanding debt, and that authorities the collection from the debtor of the
part of the debt remaining unsatisfied after the foreclosure and sale of the
collateral.
deficit -- the amount by which something, such as
money, falls short of the required or expected amount. The amount by which
liabilities exceed assets. The amount by which expenditures and obligations
exceed the amount budgeted for them.
deflation -- an economic condition in which the
purchasing power of money increases; a lowering of prices, costs and expenses.
Opposite of inflation.
defunct -- something that has ceased to exist; a
company or organization that has been dissolved.
de jure -- Latin for "by right." Something
that is rightful, legitimate or just according to law or equity. The term
describes a state of affairs or a condition that exists based on a right under
the law, rather
than a de facto condition in which something exists in fact regardless of its
right to exist.
de-leveraged bonds -- bonds that pay investors
according to a formula that is based on a fraction of the increase or decrease
in a specified index, such as the Constant Maturity Treasury (CMT) rate or the
prime rate. For example, the coupon might be 0.5 x 10-year CMT + 150 basis
points. The
"de-leverage multiplier," (0.5) causes the coupon to lag behind
overall movements in market yields.
delinquency -- the failure to pay an obligation when
due.
delinquent loan -- a loan that is 30 to 60
days past due with no payments being made. See past due loans and nonaccruing
loans.
delinquency rate -- the percentage of
outstanding loans in a loan portfolio that are delinquent.
delivery -- (1) the transfer of the possession of an
item from one person to another. (2) the legal, final and absolute transmission
of a deed from the seller to the buyer in such a manner that it cannot be
recalled by the seller. (3) the physical transportation and presentation of
loan documents from a loan originator to a mortgage buyer who has made a
previous commitment to purchase the loans. (4) the transmission of the
certificate or book entry representing shares bought on a securities exchange.
demand deposit account -- an account from which a
depositor may withdraw funds immediately without prior notice, commonly known
as a checking account. Since funds may be withdrawn on demand in person or by
presentation of a check, the account has many of the liquid characteristics of
circulating currency.
demand note/demand mortgage -- a note or mortgage that
the lender can call due at any time without prior notice.
denomination -- the value of a particular
size or type of coin, paper currency, stamp, or security.
de novo -- new, fresh, just beginning. A de novo
thrift institution is a newly chartered institution. De novo branching refers
to opening a new branch office as opposed to buying an existing branch or
acquiring branches through a merger of institutions.
density -- a measure of the intensity of land use,
designating the number of residential or commercial structures built on a
designated area of land, or the number of persons to live and/or work on the
property. Density is usually regulated by local government.
deposit -- (1) the placement of funds into an account
at a institution in order to increase the credit balance of the account. (2)
that which is deposited. (3) a sum of money given to assure the future purchase
of something. (4) a portion of the purchase price given as earnest money, or a
down payment, by the buyer to the seller.
depositary -- a person identified as someone to be
entrusted with something of value for safekeeping. See depository.
deposition -- (1) something that is deposited. (2) the
act of making a deposit. (3) testimony under oath taken for later use in place
of a person's spoken testimony.
depositor -- a person or entity that places funds in
an account at a financial institution.
depository -- a place where something of value is left
for safekeeping. See depositary.
depository institution -- a financial intermediary
that accepts savings and/or demand deposits from the general public.
Depository Institutions Deregulation
Committee (DIDC) -- was created under the Depository Institutions Deregulation and
Monetary Control Act of 1980. The committee was made up of the principal
federal financial regulators and was responsible for implementing the orderly
phaseout and ultimate elimination of federally imposed ceilings on savings
deposit interest rates by March 31, 1986. After accomplishing its work, the
committee disbanded.
depreciation -- the decline in the
dollar value of an asset over time and though use. The amount of annual depreciation may
be computed differently for tax purposes than the actual decline in value.
depressed mortgage -- a mortgage with a market
value less than its face value.
derivative mortgage product -- a financial instrument
that is created by redistributing the cash flows from some underlying
instruments, such as mortgages or mortgage-backed securities, to new classes of
holders. The most common derivatives include multiple class securities,
stripped mortgage-backed securities, and residuals.
detached house -- a free-standing,
single-family dwelling unit, that does not share a common wall with any other
structure.
developer -- a person or company who prepares raw land
for building sites and/or builds on those sites.
development loan -- a loan made to fiance
preparing raw land for the construction of buildings. Such preparation may
include grading and the installation of utilities and roadways.
DIDC -- see Depository Institutions Deregulation
Committee.
differential -- refers to what was once
the traditional difference in interest rates on savings deposits paid by
commercial banks and thrift institutions. At times, the slightly higher rate
paid by thrift institutions (generally 25 basis points) was mandated by
regulation. The required differential was phased out by January 1984.
dime -- a 1O-cent coin, valued at one-tenth of a U.S.
dollar.
direct deposit -- a plan in which an
individual authorizes the issuers of payroll, Social Security, dividend or
other checks to send the checks directly to a thrift institution or bank for
deposit in the individual's account.
direct investment -- investment by thrift
institutions directly in the equity of such ventures as real estate
development, and business firms as opposed to thrifts' traditional debt
investment. With direct investment, a thrift institution actually owns all or a
portion of a venture, rather than simply lending money to finance the venture.
Direct investments can be more profitable -- and more risky -- than debt
investments.
director -- a person responsible for determining the
policy of a corporation, institution or other entity. Directors are usually
elected by the shareholders, but sometime are appointed. Directors appoint the
organization's president, vice presidents and other operating officers, and
decide among other things, when dividends are paid.
directorate -- an organization's board of directors.
directors' and officers (D&O) insurance -- insurance that protects
directors and officers against personal liability for losses incurred by a
third party due to negligent performance by the director or officer.
direct placement -- selling a security issue
to one or several large investors (usually institutional investors) rather than
offering it to the public through broker-dealers.
direct reduction mortgage -- a type of mortgage in
which at least a portion of each payment is applied directly to reduce the
amount of outstanding principal. The interest is computed each month on the
remaining principal balance. Therefore, each month the amount of interest due
is reduced as the loan is repaid. In direct reduction mortgages with equal monthly
payments, the portion
of the fixed payment applied to principal increases each month as the interest
portion decreases.
disburse -- to pay out money.
disbursement -- the payment of funds
toward the full or partial settlement of an obligation.
disclosure statements -- information that
government regulations require a lender to give a borrower prior to
consummation of a loan.
discount -- (1) the sale of a note or other
obligation for less than its face value, with the lender obligated to pay the
full face value to the holder at maturity. (2) the amount representing the
difference between the face value and the lower sales price of a note.
discount brokerage -- a brokerage house that
executes orders to buy or sell securities at commission rates sharply lower
than those charged by a full service broker. Discount brokers offer limited
service. They do not offer investment advice to clients.
discount certificates -- certificates of deposit
that are offered at an issue price that is less than the stated face value at
maturity. The difference between the issue price (the amount invested) and the
stated redemption value of the account at maturity is called the original issue
discount.
discount loan -- a loan on which the
interest and/or charges are deducted from the face amount of the loan at the
time it is made. The borrower receives an amount of principal reduced by the amount of interest, but must
repay the full face amount of the loan. Used only for short-term loans.
discount notes -- see Federal Home Loan
Bank discount notes.
discount point -- an amount paid by a
borrower to a lender at the time the loan is made to increase the loan's
effective yield. One point is equal to one percent of the loan amount.
discount rate -- the interest rate charged by
the Federal Reserve Banks on loans to their member banks.
discount window -- a figurative expression
referring to the Federal Reserve facility for extending credit directly to
eligible depository institutions (banks and thrift institutions with
transaction accounts or nonpersonal time deposits). In the early years of the
Federal Reserve System, bankers came to a Federal Reserve Bank teller window to
obtain credit.
discretionary income -- the portion of
disposable income remaining after essential living costs are paid. See
disposable income.
dishonored check -- a check for which
payment has been denied when the check was presented to the drawee.
disintermediation -- the movement of funds
from one investment vehicle to another; for example the withdrawal of funds
from depository institutions for the purpose of investing the same funds in
money market instruments.
displacement -- the movement of people,
against their will, out of their homes or neighborhoods by forces beyond their
control. Causes of displacement include: fire, highway construction,
redevelopment, gentrification, condominium conversion, and natural disasters.
disposable income -- personal income
remaining after income taxes (and other taxes) have been paid, and available
for consumption or saving.
dispossess -- to remove a person from his or her real
property by lawful means, including, if necessary, the use of force.
District Bank -- another name for one of
the 12 Federal Home Loan Banks.
diversification -- the participation by a
firm in the production or sale of widely divergent kinds of good or services.
Diversification permits the company to minimize the impact on overall revenue
of business fluctuations in a single market, single product or service line.
divestiture -- (1) the process of disposing of all or
part of a business. (2) the act of taking away property rights.
divided interest -- an ownership interest in
only a part of a property. The interest in the selected part may be total or
partial.
dividend -- a payment, usually in cash, that a
corporation makes to its stockholders. The dividend is the stockholders' share
of the profits left after the company sets aside funds to finance operations,
expansion and modernization.
docket number -- a five-digit number
assigned to a thrift institution by the Office of Thrift Supervision (OTS).
Each savings institution that is regulated by OTS has its own docket number.
The number is used to file and retrieve all financial, organizational, and
regulatory data regarding that institution.
document -- anything printed or written that is
relied on to record or prove something.
documentary stamp -- a form of tax in some
states that requires a revenue stamp to be affixed to documents transferring
title to real property.
dollar -- the monetary unit of the United States.
dollar bond -- a municipal bond that is quoted and
traded on the basis of dollars rather than a percentage, or yield, to maturity.
Term bonds, tax-exempt notes and public housing authority bonds are dollar
bonds.
dollar reverse repurchase agreement -- a financial transaction
that is similar to a reverse repurchase agreement in which a dealer, in effect,
loans money by buying a security and agreeing to sell it back to the customer
at a higher price at a later date. In a dollar reverse repurchase agreement
(dollar reverse repo) the dealer does not sell back the exact same security but
another, substantially identical security. See repurchase agreement.
domicile -- the place where a person has his or her
true, fixed, permanent home; their principal established residence to which a
person intends to return whenever absent. A person may have several residences,
but only one domicile.
donee -- a person who receives a gift.
donor -- a person who gives a gift.
dormant account -- a savings account on
which no transaction (except the crediting of interest) has occurred for a
specified number of years. At the end of that time period set by state law,
funds in the account escheat to the state.
double-decker thrift --slang for a corporate structure
in which one thrift institution owns another thrift institution.
double entry -- a method of bookkeeping
in which there are two entries for each transaction, one as a debit and the
other as a credit, that check and balance each other.
doubtful -- one of the categories of classified
assets. See classification of assets.
dough -- slang for money, cash.
dower -- the rights of a widow to some or all of the
property of her late husband.
Dow Jones Industrial Average -- a measurement of market
price movement for 30 widely held stocks listed on the New York Stock Exchange.
The average is computed by adding the prices of the 30 stocks and dividing by
an adjusted denominator.
down and out -- slang expression for
being without funds, penniless.
down payment -- (1) an initial, partial
payment made at the time of purchase to permit the buyer to take delivery of
the purchase. (2) a partial payment made to evidence good faith that the buyer
will complete the purchase transaction at the time the contract is signed.
draft -- a written order signed by one party (the drawer)
requesting a second party (the drawee) to pay a specified amount of money to a
third party (the payee) at some future time. A check is a draft.
drawee -- the financial institution on which a check is
drawn.
drawer -- the party who issues an order, draft, check or
bill of exchange.
draw -- the disbursal of a portion of a construction
loan after a certain stage of completion. Also called a progress payment.
drive-in window -- a teller's window
situated so as to permit a motorist to transact business without leaving his or
her vehicle.
dual-banking system -- refers to the emergence
of two systems -- state and federal -- which charter and regulate banks and
savings institutions.
dual index note -- a note with a coupon rate
that varies in relation to the movement of two different indexes, typically the
Constant Maturity Treasury (CMT) rate and LIBOR. A dual index note usually has
a fixed rate for a brief period, followed by a longer period of variable rates.
For example, the coupon might start out as a fixed rate of 8 percent for two
years, then switch to a variable rate calculated as the 10-year Treasury rate
plus 300 basis points minus the 6-month LIBOR. A dual index note is a type of
structured note.
due bill -- a written acknowledgment of the existence
of a debt owed to a particular party. A due bill is not payable on demand nor
transferable to another party by endorsement.
due care -- the standard of conduct displayed by an
ordinary, reasonable, prudent individual.
due date -- the date on which all or part of a debt
is required to be paid; the maturity date.
due diligence -- the performance of those
actions that are generally regarded as prudent, responsible and necessary to
conduct a thorough and objective investigation, review and/or analysis. In the
thrift industry, the term is used to describe the preacquisition analysis of a
savings association by a potential acquirer. The analysis includes a review of
the institution's franchise value, an identification of its assets and
liabilities, an evaluation of its management, and a determination of its
purchase price.
due-on-sale clause -- a clause in a mortgage
contract providing that if the borrower sells or transfers any interest in the
property, the lender has the right to demand the entire unpaid principal
balance.
dun -- to press for payment of a debt; to demand
repeatedly to be paid what is owed.
duplex -- a single residential structure containing two
separate housing units.
Dutch auction -- an auction in which the
price of items is continuously lowered until a bidder responds favorably.
dwelling unit -- living quarters
consisting of contiguous rooms intended for convenient, long-term occupancy by
one family and providing complete, independent facilities for living, eating,
cooking, sleeping and sanitation.
E
earned income -- income derived from an
individual's personal efforts, from work, from services rendered or from goods
produced and sold. It also includes pension and annuity income, which is based
on income that was previously earned. See unearned income.
earnest money -- a sum of money given to
bind an agreement, such as the sale of real estate, the advance of a loan or
some other transaction requiring a deposit. Earnest money is forfeited by the
donor if he or she fails to carry out the terms of the contract or agreement.
earning assets -- total assets less
repossessed assets, office premises and equipment, and nonaccrual loans.
earnings -- (1) net income. (2) anything that is
earned as compensation for labor (salary, wages, tips, bonuses) or as
compensation for the use of something of value (rent, interest, dividends and
other returns on investments). (3) the profits of a business.
earnings-based accounts -- certificates of deposit
that pay a rate of interest based at least in part on the earnings or
profitability of assets held by the institution.
earnings per share -- the total after-tax
earnings of a corporation divided by the total number of its outstanding
shares.
easement -- a right held by one person to make
specific, limited use of land owned by another person. An easement is granted
by the owner of the property for the convenience, or ease, of the person using
the property. Common easements include the right to pass across the property,
the right to construct and maintain a roadway across the property, the right to
construct a pipeline under the land, or a power line over the land. Easements
for party walls that share a common foundation, are common in town house and condominium
developments.
econometric model -- a set of mathematical
equations that depict real economic conditions both in the present and in the
future. Econometric models are used to determine the economic effects of
changes in government policy and regulation, changes in interest rates, tax
law, wage levels, population trends and many other factors. All the factors
influence each other, so changing one factor will have a chain reaction effect
on the other factors. Data showing the effects and relationships of each factor
to the other factors are entered into a computer, programmed with the model's
equations. Using the computerized model, analysts can determine the probable
economic consequences of various regulatory or business options.
EDS/SACS/ROE -- a computer network with
which data on the examination and supervision of savings institutions is
transmitted electronically between federal thrift regulators. The acronym
stands for: Examination Data System/ Supervisory Action Control System/Report
Of Examination. EDS includes data on when an examination began and ended, the
number of examiner man-hours used to complete the examination, the rating(s)
assigned to the examined savings institution and any violations uncovered
during the examination. SACS includes information on supervisory actions taken
to correct problems at the savings institution. ROE is the summary of the
examiners' findings on the condition of the savings institution.
economic depreciation -- the loss of value of
real estate due to changes occurring outside of the affected property, such as
a decline in the neighborhood or changes in zoning.
economic life -- the length of time
during which a piece of property may be put to profitable use. Usually less
than its physical life.
economic rent -- the amount of rent a
property likely would command in the open market if it were vacant and
available for rent. Economic rent may be more or less than the actual rent
currently in force.
economics -- the branch of the social sciences that
deals with the financial considerations of the production, distribution, and
consumption of goods and services.
Edge Act corporation -- an organization
chartered by the Federal Reserve to engage in international banking operations.
The Federal Reserve Board acts upon applications by U.S. and foreign banking
organizations to establish Edge corporations. The Board also examines Edge
corporations and their subsidiaries. The Edge corporation gets its name from
Senator Walter Edge of New Jersey, the sponsor of the original legislation to
permit the formation of such organizations.
education loan -- an advance of funds to a
student for the purpose of financing a college or vocational education.
effective rate -- the actual yield of
interest as opposed to the stated rate. For deposits, the effective rate of
interest is based on the accounting method used to compute interest and the
frequency of compounding. For loans, the effective rate is the stated interest
rate plus fees and charges prorated over the estimated life of the mortgage,
usually ten years.
efficiency apartment -- a small, one-room
apartment that serves as the occupant's total living, sleeping and eating
space, usually containing a separate bathroom.
egress -- to go out, exit, leave. It is used with the word
"ingress" (to go in, enter) to describe the right of access to real
property.
ekistics -- the science of human settlements,
including regional, city and community planning and dwelling design.
electronic funds transfer systems (EFTS) -- any system that moves
funds from one institution to another, by means of electronic signals
transmitted by wire, rather than the physical exchange of some other medium
such as paper checks.
elevation drawing -- a drawing of the
geometrical exterior of a building or other structure as seen from a horizontal
view without dimensional perspective.
eminent domain -- the right of a
government to take over ownership of private property for public use with just
compensation to the owner.
employee stock option plan (ESOP) -- an employee benefit in
which employees, as part of their compensation, are given equity shares (stock)
in their company. The purchase of such stock is normally funded by a loan. The
stock is transferred initially to a trust and the loan is paid off from dividends
on the stock and contributions from the employing company.
encroachment -- the act of intruding
gradually and without permission upon the rights, land or other possessions of
another. Encroachment is often used to describe the spread of one type of neighborhood
into an adjoining but different type of neighborhood. A change made to one
property may encroach upon the rights or value of a second property.
encumber -- to burden a parcel of land with a lien or
a charge such as a mortgage.
encumbrance -- a claim attached to real property, such
as a lien, mortgage or unpaid taxes.
end loan -- the final mortgage loan to the ultimate
purchaser of a property, as opposed to a construction loan or other form of
interim financing.
endorse -- (1) the act of signing a person's name to
a check or other financial instrument, usually on the back, to indicate the
legal transfer of ownership of the instrument, especially in return for money
or credit indicated on the face of the instrument. (2) to sign a note as a third
party guaranteeing payment in the even of default by the principal borrower.
(3) to sign a contract indicating approval of its contents or terms. (4) to
acknowledge with a signature the receipt of payment. (5) to give support or
sanction to something.
endorsee -- the person or entity to whom a negotiable
instrument is transferred by the act of endorsement.
endorsement -- a signature either stamped or written by
hand on the back of a negotiable instrument by which the signer transfers
ownership of the instrument to another party.
endorser -- the person or entity who, by signing a
negotiable instrument, transfers his or her ownership of the instrument to
another.
equitable mortgage -- an instrument that
because of a technical error in its terms is not actually a mortgage, but that
encumbers property as security for the repayment of a debt. If the intent of
the parties was to create a mortgage, the instrument is enforceable under the
law.
equitable right of redemption -- a right under state law
of a defaulted borrower to redeem his or her property up to the date of the
mortgage foreclosure sale by paying in full the outstanding mortgage debt.
equity -- in real estate, equity is the difference between
the fair market value of a property and the amount of any mortgage debt, or
liens against the property, still outstanding. In business, the excess of a
firm's assets over its liabilities. The term is also used to refer to the
ownership interest of stockholders in a company, and to the value of the
investments raised by the stock offerings.
equity capital -- money invested in a
business by owners, stockholders or others who share in profits; distinguished
from debt capital.
equity investment -- investment in the
ownership of property, in which the investor shares in gains or losses on the
property. Also see debt investment.
equity loan -- a loan that uses the borrower's equity in
real property as collateral. The loan may be for a variety of purposes. Also
known as a second or junior mortgage loan.
equity multiplier -- total assets divided by
total tangible equity.
errors and omissions insurance -- an insurance policy
against liability due to errors or omissions in the performance of professional
services.
escalator clause -- a provision of an
agreement that provides for automatic adjustments in payments based on an
economic index that neither party to the agreement controls. Typical escalator
clauses provide for increases in wages based on increases in the cost of living
index, or higher rent or other charges based on high fuel or maintenance costs.
escheat -- the reversion of ownership of property to
the state when a person dies without leaving a will and has no heirs, or when
the property is abandoned for a period of time.
escrow -- a written agreement under which documents, funds
or other property being transferred from one party to another are placed with a
third person or entity, usually a trust company, acting as custodian. The
custodian completes the transfer to the second party only upon the fulfillment
of certain specified conditions.
escrow account -- an account established
at a thrift institution into which a borrower makes monthly payments, usually a
part of the monthly mortgage payment. The savings association draws funds from
the escrow account to pay property taxes, insurance and any special assessments
on the mortgaged property as they become due. Also called a reserve, impound,
or trust account.
escrow agent -- the person or
organization having a fiduciary responsibility to both the buyer and seller (or
lender and borrower) and who performs the duties to complete the transaction
and ensure that the terms of the purchase/sale (or loan) are carried out.
escrow closing -- a type of loan closing
in which an escrow agent accepts the loan funds and mortgage from the lender,
the down payment from the buyer and the deed from the seller, and completes the
actions required by the transaction.
escrow company -- an organization that
performs the functions of an escrow agent.
estate -- (1) all ownership rights, title or other
interest held in real or personal property. (2) all assets owned by an
individual.
estate tax -- a federal or state tax imposed on the
fair market value of all assets, less liabilities, held by a person at the time
of death. See inheritance tax.
estoppel -- a legal term referring to a condition or
justification that bars a person from alleging something he has previously
denied, or from denying something he has previously alleged.
estoppel certificate -- a written statement
setting forth facts about a piece of real estate such as the unpaid principal
balance of a mortgage and the interest rate. Its purpose is to stop a future
claim that the amount owed is different from the actual unpaid balance, or that
the interest rate is other than the contracted rate.
ET tuxor -- a legal term meaning "and
wife." Sometimes abbreviated as "et ux ."
Eurobond -- a bond issued for release by a U.S. or
other non-European company or government for sale in Western Europe. In that
market, corporations and governments normally issue medium-term securities with
maturities of 10 to 15 years.
Eurodollars -- deposits denominated in U.S. dollars at
banks and other financial institutions outside the United States. Although this
name originated because of the large amounts of such deposits held at banks in
Western Europe, similar deposits in other parts of the world are also called
Eurodollars.
eviction -- the lawful expulsion of an occupant from
real property, if necessary, by force.
Exam Council -- see Federal Financial
Institutions Examination Council.
examination -- a detailed review of the policies,
management, operations and books of a thrift institution, bank or credit union
made by the institution's federal or state regulatory agency.
examination data system (EDS) -- a computer system
maintained by the Office of Thrift Supervision to record data from examinations
of thrift institutions and make the information accessible to authorized OTS
staff. The EDS data includes the report of examination (ROE).
examiner -- an individual employed by a federal or
state regulatory agency to conduct detailed reviews of the operation of savings
institutions or banks in order to determine if the institutions are meeting the
requirements of federal law and regulation.
exception -- an item that may not be covered by title
insurance because it limits in some way the owner's right to his or her
property. Exceptions may include easements, liens, and deed restrictions.
excess loan servicing -- an asset established
when loans are sold to yield a rate to the buyer that is higher or lower than
the original contractual rate and the loan seller retains the servicing of the
loans. The present value of the difference between the amount to be collected
from the borrower and the amount to be paid to the purchaser of the loans (the
point spread differential), less normal servicing costs, is the excess
servicing amount recorded as the seller's asset at the time of sale. The excess
servicing amount increases the gain or decreases the loss on the sale of the
loan.
exchange -- a central facility where various
financial instruments are traded. The exchange is an organized, well
capitalized body owned by the holders of seats. The exchange establishes the
rules under which the financial instruments are traded and terms are
established by the bidding process of buyers and sellers on the floor of the
exchange.
exclusive listing -- a written contract
giving one agent the exclusive right to find buyers or renters for a property
during a stated period of time. Ordinarily, such an agreement by itself does
not preclude the owner from selling or renting the property himself, thus
avoiding payment of a commission to the agent.
exclusive right to sell -- same as exclusive
listing, except that the owner agrees in writing to pay the full commission to
the agent even if the owner himself sells or rents the property.
exculpatory clause -- that part of a written
agreement that relieves one party to the agreement of liability as a result of
actions (or lack of actions) performed in the course of executing the terms of
the contract. In a trust agreement, an exculpatory clause relieves the trustee
of liability resulting from any act performed in good faith under the trust
agreement. In a lease, the exculpatory clause relieves the landlord of
liability for personal injury to tenants or damage to tenants' property.
executor -- a person or institution named in a will
and approved by a probate court to administer the disposition of an estate
according to the instructions of the will.
executrix -- a female executor.
exercise price -- see striking price.
expenses -- (1) the cost of resources used to create
revenue. (2) the cost of goods or services acquired in the performance of a
job. (3) anything paid out to attain a goal or accomplish an act. All expenses
are costs, but not all costs are expenses.
expire -- to come an to end, to terminate, to cease be in
force, as in the passing of the time limit for an agreement, a contract or
other instrument to be enforceable.
ex-post facto law -- Latin for "after
the fact." Article 1 of the U.S. Constitution prohibits convicting a
person for committing an act that was not illegal at the time the act was
performed, but which was made illegal by subsequent legislation.
expropriation -- the act of confiscating
private property for a public use by a legally constituted governing body. For
example, property taken under eminent domain is expropriated.
extended coverage endorsement -- a provision attached to
fire insurance policies that expands coverage to include the perils of
windstorm, hail, explosion, riot, civil disorder, damage by aircraft or
vehicles, or smoke, or lightening.
F
facade easement -- an historic preservation
program agreement by which a property owner pledges to retain intact the
exterior of a structure and such outbuildings and amenities that are relevant
to the history or design of the structure.
face value -- the sum of money denoted on the
principal, or "face" side, of a financial instrument such as bond or note,
representing: (1) the amount of money the issuer promises to pay at maturity
and (2) the amount on which interest is computed. Synonymous with par value.
factoring -- (1) a method commonly used to compute the
amount of interest to be refunded or credited because a loan is being paid off
before maturity; (2) the selling by a firm of its accounts receivable before
their due date, usually at a discount.
FADA -- see Federal Asset Disposition Association.
fair lending practices regulations -- the Office of Thrift
Supervision regulations that pertain to the application and appraisal practices
of federal associations. The regulations prohibit the use of discriminatory
appraisals and require the preparation of written loan underwriting standards,
the collection of monitoring information and the maintenance of loan
application registers.
fair market value -- the price at which
property would be transferred from a willing seller to a willing buyer, each of
whom has a reasonable knowledge of all pertinent facts concerning the property
in question and similar properties on the market, and neither is under any
compulsion to buy or sell. Most accountants consider fair market value to be
slang for market value.
fair value -- a method of determining what a troubled
asset would be worth (its present value) if its present owner sold it in the
current market. Fair value assumes a reasonable marketing period, a willing
buyer and a willing seller. It assumes that the current selling price (its
present value) would rise or fall in relation to the asset's future earnings
potential. To calculate that price, fair value converts the asset's future
earnings into what they are worth in today's dollars, using a formula that
discounts the assets' future net cash flows. The discount is based on the fact
that a dollar earned in the future is equal to, say, $.75 invested today plus
interest over an equivalent period of time. Thus, a dollar received today and
invested is worth more than a dollar received in the future. Fair value, therefore
is based on a formula incorporating rates of interest earned. While market
value measures the sales price agreed to by the buyer and seller, OTS defines
fair value as measuring the value of what the seller would receive less selling
costs. Fair value is one accounting method used to calculate the present value
of an asset (a loan) at some point after the loan has become past due and book
value is no longer valid. See net realizable value.
falling market -- a market in which prices
or interest rates are moving in an overall downward direction.
fall-out -- slang for loans that are not closed
because they are not approved by the lender or because the borrower decides not
to take the loan.
family -- two or more persons related by blood, marriage,
or convenience who occupy the same dwelling.
Fannie Mae -- nickname for the Federal National
Mortgage Association.
Farmers Home Administration (FmHA) -- a federal government
agency that finances and insures loans to farmers and other qualified borrowers
for rural housing and other purposes.
FASB -- see Financial Accounting Standards Board.
FDIC -- see Federal Deposit Insurance Corporation.
feasibility study -- a detailed investigation
and analysis of a proposed development project to determine whether it is viable
technically and economically.
federal agency issues -- securities issued by a
federal agency or an organization affiliated with the federal government. The
securities are fully guaranteed as to principal and interest by the issuing
agency, but are not direct debt obligations of the U.S. government and are not
backed by its full faith and credit. The more common federal agency issues
include obligations of the federal home loan banks, Farm Credit System, Federal
National Mortgage Association, Government National Mortgage Association and
Student Loan Marketing Association.
Federal Asset Disposition Association (FADA) -- a federal savings and
loan association chartered by the former Federal Home Loan Bank Board in
November 1985. Although FADA could accept deposits, it was chartered as a
wholly owned subsidiary of the former Federal Savings and Loan Insurance
Corporation (FSLIC) for the sole purpose of liquidating and disposing of assets
of failed savings institutions acquired by the FSLIC in its role as receiver.
Since it was chartered under Section 406 of the National Housing Act, FADA was
informally known as a "406 corporation." Although FADA initially
received a 10-year charter, it was turned over to the Resolution Trust
Corporation (RTC) in August 1990. The RTC liquidated FADA during the next 180
days, as required by Subtitle A, Section 501 of the Financial Institutions
Reform, Recovery and Enforcement Act of 1989 (FIRREA).
federal association -- a savings and loan,
building and loan, homestead association or savings bank chartered by the
Office of Thrift Supervision.
federal compliance regulator (FCR) -- an accredited OTS
examiner who is qualified to handle all aspects of a compliance examination of
a savings institution.
Federal Deposit Insurance Corporation (FDIC) -- a government corporation
that insures deposits in thrift institutions and commercial banks. The FDIC
administers the Savings Association Insurance Fund (SAIF) providing deposit
insurance to thrifts, and the Bank Insurance Fund (BIF) providing deposit
insurance to commercial banks.
Federal Financial Institutions Examination
Council (FFIEC) -- an organization established by Congress in 1987 to coordinate and
unify regulations, standards and report forms among the five member federal agencies
that regulate savings institutions, commercial banks and credit unions: Office
of Thrift Supervision, Office of the Comptroller of the Currency, Board of
Governors of the Federal Reserve System, Federal Deposit Insurance Corporation,
and National Credit Union Administration. The work of the council is carried
out by five task forces, made up of representatives of each agency, dealing
with: education and training, supervision, reports, consumer compliance, and
surveillance. Also known as the Exam Council.
federal funds -- funds on deposit in a
financial intermediary's reserve account at its district Federal Reserve Bank.
A member of the Federal Reserve is required to maintain a minimum average
balance during any one week, based on its deposit levels during the two
previous weeks. Larger commercial banks tend to need extra funds to meet
minimum reserve requirements, and often borrow from other institutions,
particularly smaller institutions, which usually have excess funds to lend. The
seller, or lender, of federal funds can be another commercial bank within the
Federal Reserve System, a nonFederal Reserve member such as a Federal Home Loan
Bank or an individual thrift institution which has a surplus of funds to invest
on a short-term basis. The exchange of funds between lenders and borrowers
occurs in the informal federal funds market, either directly between
institutions or through brokers. Whereas the bulk of these funds are lent on an
overnight basis, some funds referred to as term federal funds, are lent for
longer periods.
Federal Home Loan Bank (FHLB) -- one of the 12 regional
Banks of the Federal Home Loan Bank System. The Banks were established to
extend loans and provide various services to member institutions including savings and
loan associations, savings banks and insurance companies.
Federal Home Loan Bank Board (FHLBB) -- a former independent
agency in the executive branch of the federal government that regulated and
supervised the savings and loan industry, the Federal Home Loan Banks, the
Federal Savings and Loan Insurance Corporation and the Federal Home Loan
Mortgage Corporation. The Bank Board was abolished in August 1989 by the
Financial Institutions Reform, Recovery and Enforcement Act of 1989 and its
functions transferred to other agencies, including the Office of Thrift
Supervision.
Federal Home Loan Bank Board Memorandum -- the former Bank Board
published several memorandum series that included interpretations of
regulations, instructions on compliance, and opinions. The primary series were
the R, T, SP, AB, and PA memos, all of which are being replaced by Thrift
Bulletins and Regulatory Bulletins published by the Office of Thrift
Supervision.
Federal Home Loan Bank System -- is made up of the 12
regional Federal Home Loan Banks, the Office of Finance, and the Federal
Housing Finance Board.
Federal Home Loan Mortgage Corporation
(FHLMC) --
a private corporation chartered by Congress in 1970 to make funds from the
capital markets available for home financing. It does this by operating a
secondary market for home mortgage loans, buying such mortgages from original
lenders and selling securities in the capital markets backed by those
mortgages. It is popularly known as Freddie Mac.
Federal Housing Administration (FHA) -- a government agency
within the Department of Housing and Urban Development (HUD) that administers
many programs including housing subsidies, mortgage insurance, and rental
assistance.
Federal Housing Finance Board (FHFB) -- an independent federal
agency established by Congress in 1989 to regulate and supervise the 12 Federal
Home Loan Banks.
federal information systems regulator (FISR) -- an accredited OTS
examiner who is qualified to handle all aspects of an electronic data
processing examination of a thrift institution.
Federal National Mortgage Association (FNMA) -- a corporation created by
Congress to facilitate the secondary mortgage market. Popularly known as Fannie
Mae.
Federal Open Market Committee (FOMC) -- a 12-member committee
consisting of the seven members of the Federal Reserve Board and five of the 12
Federal Reserve Bank presidents. The president of the Federal Reserve Bank of
New York is a permanent member while the other Federal Reserve Bank presidents
serve on a rotating basis. The committee sets objectives for growth of money
and credit that are implemented through purchases and sales of U.S. Government
securities in the open market. The FOMC also establishes policy relating to
Federal Reserve System operations in the foreign exchange markets.
Federal Register -- a government publication
printed daily Monday through Friday that publishes new regulations and legal
notices issued by the Office of Thrift Supervision and other federal government
agencies. The Federal Register provides the official notice to the public of
regulations, orders, legal notices, Presidential proclamations, executive
orders, documents required by Act of Congress and other official documents of
public interest.
federal reserve note -- the paper currency
placed in circulation by the Federal Reserve Banks and issued in denominations
of from $1 to $100. Nearly all of the nation's circulating paper currency
consists of Federal Reserve notes printed by the Bureau of Engraving and
Printing. Federal Reserve notes are obligations of the U.S. Government.
Federal Reserve System -- made up of the Federal
Reserve Board, the 12 regional Federal Reserve Banks, federally chartered
commercial banks, and state-chartered commercial banks that elect to be
members. The Federal Reserve System serves as a central credit facility for
member commercial banks, and controls the nation's money supply.
Federal Savings and Loan Insurance
Corporation (FSLIC) -- a former government corporation under the direction of the former
Federal Home Loan Bank Board that insured deposits at savings institutions.
Congress authorized the FSLIC in the National Housing Act of 1934. Under the
Financial Institutions Reform, Recovery and Enforcement Act of 1989, FSLIC was
abolished. Its deposit insurance function was assumed by a new insurance fund,
the Savings Association
Insurance Fund (SAIF), administered by the Federal Deposit Insurance
Corporation (FDIC).
federal savings association -- See federally chartered
association.
federal thrift regulator (FTR) -- an accredited OTS
examiner who is qualified to handle all aspects of a safety and soundness
examination of a thrift institution.
federally chartered association -- a savings association
that is chartered by the Office of Thrift Supervision (OTS) (or previously by
its predecessor agency, the Federal Home Loan Bank Board) under the provisions
of the Home Owners Loan Act of 1933, and is subject to the supervision of OTS.
Federal savings associations are required by law to have their savings accounts
insured by the Savings Association Insurance Fund (SAIF) and to be members of a
Federal Home Loan Bank.
Fedwire -- the Federal Reserve System's electronic
funds transfer network. Fedwire is used for transferring reserve account
balances of depository institutions, and for transferring government
securities. Fedwire is also used for the settlement of other clearing systems,
such as CHIPS (Clearinghouse Interbank Payments Systems), which engages Fedwire
for settlement.
fee -- (1) a remuneration for a service performed or for
a privilege, such as an admission fee. (2) an inheritable estate.
fee simple estate -- a type of real property
ownership in which the owner is fully accountable for all responsibilities
pertaining to the property and entitled to all the rights and privileges derived
from ownership including the right to pass the property on to one's heirs.
fee tail -- an estate that may be inherited only by a
limited class of heirs.
FDIC -- see Federal Deposit Insurance Corporation.
FHA -- see Federal Housing Administration.
FHA loan -- a home mortgage, mobile home or property
improvement loan made by a private lender and insured by the Federal Housing
Administration.
FHLB -- see Federal Home Loan Bank.
FHLBB -- see Federal Home Loan Bank Board.
FHLMC -- see Federal Home Loan Mortgage Corporation.
fidelity bond -- an insurance plan to
insure savings institutions against infidelity by employees, including
dishonesty, embezzlement of funds or other disappearances of cash. Some bonds
also insure against robbers, burglars and vandals. Fidelity bond coverage is
provided by private insurers, and is required by the SAIF as a condition for
obtaining and keeping deposit insurance.
fiduciary -- someone who is entrusted with the care of
another person's money, property or other items of value.
fiduciary account -- a savings account, the
funds of which are owned by one individual but administered for that
individual's benefit by another individual, such as a legally appointed
conservator, trustee, or agent.
FIFO -- an acronym for first in, first out. It is a
method of computing savings account earnings in which funds on deposit the
longest period of time (first in) are considered to be those funds deducted
from an account by any withdrawal (first out). This method results in the maximum
interest penalty. In accounting, FIFO is a system of assessing the value of
inventory, based on the cost for the first shipment of a particular item. See
LIFO.
finance charges -- all charges that the
borrower pays for the use of funds including interest, fees and other charges
paid directly for the use of credit, or indirectly as a condition for the
extension of credit. Finance charges must be included on truth-in-lending
disclosure statements as the total dollar amount paid for the use of borrowed
money.
finance subsidiary -- a thrift institution's
subsidiary company organized for the sole purpose of selling securities,
typically preferred stock or mortgage-backed securities. The subsidiary may
only sell those securities that the parent thrift itself is authorized to issue
directly (or in the case of a mutual association those securities it would be
permitted to issue if it converted to a stock institution). The subsidiary
remits proceeds from the sale of securities to the parent thrift.
Financial Accounting Standards Board (FASB) -- a seven-member body that
establishes rules governing accounting practices throughout the U.S. Founded in
1972, FASB is under the direction of the Financial Accounting Foundation, a
private sector trust.
Financial Criminal Enforcement Network
(FinCEN) --
a division of the U.S. Treasury Department that operates the Financial
Institutions Regulatory Agencies Criminal Referral and Enforcement System
(FIRACRES), a data base used by various federal agencies to track and share information
on crimes (and criminals) involving savings associations, banks or credit
unions.
financial futures -- contracts to buy or sell
a specific financial instrument at a specific future time at a specified price.
Such financial instruments include treasury securities, and certificates of
deposit, the prices of which fluctuate with changes in interest rates.
financial institution -- a corporation chartered
for the purpose of dealing primarily with money, such as deposits, investments,
and loans, rather than goods or services.
Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (FIRREA) -- legislation that abolished the FSLIC and
established a new deposit insurance fund, SAIF, for savings institutions,
appropriated funds and created the Resolution Trust Corporation to dispose of
failed thrifts, imposed wide-ranging changes in savings institution investment
activities and operations, and created the Office of Thrift Supervision as part
of a restructuring of the federal thrift regulatory and supervisory systems.
Financial Institutions Regulatory Agencies
Criminal Referral and Enforcement System (FIRACRES) -- a computer system shared
by seven federal agencies, which use the database to exchange information on
crimes involving savings associations, banks or credit unions, including cases
that have been referred to the Justice Department for possible criminal
prosecution and on cases involving civil enforcement actions. The system is
designed prevent someone who has violated the law or regulations at one type of
financial institution (for example, a credit union) from doing the same thing
at another type of institution (for example, a savings and loan) that is
supervised by a different regulatory agency. The FIRACRES data base is operated
by the Financial Criminal Enforcement Network (FinCEN), a division of the U.S.
Treasury Department.
financial instrument -- a legally enforceable
agreement between two or more parties, expressing a contractual right or a
right to the payment of money. Practically all documents used in credit are
financial instruments, including checks, drafts, notes and bonds.
financial intermediary -- a financial institution
that accepts money from savers or investors and loans those funds to borrowers,
thus providing a link between those seeking earnings on their funds and those
seeking credit. Financial intermediaries include savings and loan associations,
building and loan associations, savings banks, commercial banks, life insurance
companies, credit unions and investment companies.
financing statement -- a document filed at a
public office that serves as public notice to any interested parties that a
lender has established a security interest in property pledged as collateral.
financial statements -- reports that summarize a
firm's accounting data and indicate its financial condition. The four basic
financial statements are: the balance sheet, income statement, statement of
retained earnings, and statement of changes in financial position.
finder's fee -- a fee or commission paid
to a broker for obtaining a mortgage loan for a client or for referring a
mortgage loan to a broker. It may also refer to a commission paid to a broker
for locating a property.
fire wall -- a wall constructed so as to stop the
spread of fire in a building.
firm commitment -- a lender's agreement to
make a loan to a specific borrower on a specific property.
first mortgage -- a mortgage that creates
a lien against real property with the lien having first priority against other
claims in the event of foreclosure. Also called a senior mortgage.
fiscal year -- any consecutive 12 months designated as
the time frame for financial reporting and preparation of balance sheets,
profit and loss statements, and other financial summations.
fixed annuity -- the guaranteed income of
an annuity, the amount and payment schedule of which has been specified in
advance.
fixed assets -- those tangible assets,
such as office buildings, furniture, fixtures, and equipment, used in the
operation of a business, that have a relatively long life and are not intended
to be sold in the normal process of the business.
fixed income investment -- any investment in which
the dividend, interest, or rental income is specified as a non-changing dollar
amount in the investment contract.
fixed rate mortgage -- a mortgage in which the
interest rate and the amount of each payment remain constant throughout the
life of the loan.
fixture -- personal property that becomes real
property upon being attached to real estate, such as a light fixture that is
securely fastened to a wall or ceiling.
fixturing period -- a rent free period at
the beginning of a lease during which time the tenant occupies the premises to
install improvements, fixtures, stock, or finish the interior.
flag lot -- a parcel of land shaped like a flag; the
staff is a narrow strip of land providing vehicular and pedestrian access to a street, with
the bulk of the property lying to the rear of other lots.
flat -- an apartment located entirely on one floor.
flat rental -- rental payments that remain fixed and
unchanged throughout the life of the lease.
flexible payment mortgage -- a mortgage with unequal
periodic payments, which may be more or less than the prorated amount needed to
amortize the loan over the life of the mortgage.
flips -- see land flips.
float -- the time that elapses between the day a check is
written and issued and the day it is presented for payment to the financial
institution on which it is drawn.
floater -- a CMO tranche with an interest rate that
adjusts periodically in relation to an index such as LIBOR.
floating interest rate -- an interest rate that,
instead of being a fixed percentage, is stated as an amount above or below
another rate, such as the prime rate. The interest rate moves up or down in
relation to the rate of the controlling index.
floating rate bond -- a type of bond bearing a
yield that may rise and fall within a specified range according to fluctuations in the
market. The bond has been used in the housing bond market.
flood plain -- land that is likely to be flooded when a
nearby stream or river is at flood stage.
floor -- (1) the minimum allowable interest rate decrease
for adjustable rate mortgages. Floors embedded in mortgage agreements may limit
the amount of downward change in the rate of interest at each adjustment period
and provide a fixed minimum below which the rate cannot drop during the life of
the loan. (2) an agreement negotiated between a buyer and seller. The buyer of
a floor agreement pays a fee to the seller. In return, the seller will pay the
buyer if a designated floating index rate is lower than a specified fixed rate
on designated days. The seller pays nothing if the floating rate is above the
fixed rate. Buyers of floor agreements use them to hedge against falling
interest rates, because payments to the buyer increase as rates rise. See cap.
See collar.
floor area ratio -- the ratio of the total
floor area of a building to the total land area of the site.
floor limit -- the largest amount for which a merchant
may accept payment by check or credit card without obtaining an authorization.
A zero floor limit would require an authorization for every non-cash
transaction.
floor plan -- a scale architectural drawing showing
details of a single floor as seen from above. A floor plan may include the
locations of walls, windows, doors and heating, cooling facilities, plumbing
and electric lines and equipment.
floor planning loan -- a loan made to finance a
dealer's purchase of inventory.
FmHA -- see Farmers Home Administration.
FNMA -- see Federal National Mortgage Association.
forbearance -- the act of surrendering the right to
enforce a valid claim usually in return for a binding promise to perform a
specified act. In the thrift industry, forbearance sometimes refers to an
agreement by a lender to refrain from taking legal action when a mortgage is in
arrears, as long as the borrower complies with a satisfactory arrangement to
pay off the past due balance by a future date. The term also may refer to the
Office of Thrift Supervision refraining from taking enforcement action against
a thrift institution as long as certain conditions are met.
foreclosure -- a legal proceeding by
which a mortgage lender may claim title to a mortgaged property if the borrower
fails to repay the loan.
foreign exchange rate -- the price of one
nation's currency denominated in the currency of another nation. For example,
the value of British pounds expressed in U.S. dollars.
Forfeiture -- the loss of money, property, rights or
privileges because of a failure to perform a requirement.
Forward commitment -- a pledge made by a lender
to make a loan to a homebuyer, purchase a loan from another lender, or sell a
loan to a secondary market participant.
Forward delivery -- the delivery of
mortgages or mortgage-backed securities to satisfy the settlement of cash or
futures market transactions of an earlier date. Also called deferred delivery.
Fourplex -- a low-rise dwelling containing four
dwelling units.
Franchise -- the authorization to conduct a business
using the name and operating methods of another. In lending on an income
property, a franchise may have value as an additional security, and may be
assigned to the lender.
Freddie Mac -- popular name for the Federal Home Loan
Mortgage Corporation.
freehold -- the occupying without actual ownership of
a piece of land, a dwelling or an office for life, sometimes with the right to
pass it on to one's heirs.
Frontage -- the property line abutting the most
prominent adjacent property, usually a street, lake, river, or ocean.
Front foot -- a linear measure of one foot along the
frontage of real property.
FSLIC -- see Federal Savings and Loan Insurance
Corporation.
FSLIC Resolution Fund -- a fund established by
the Financial Institutions Reform, Recovery and Enforcement Act of 1989
(FIRREA) to assume all the assets and liabilities of the Federal Savings and
Loan Insurance Corporation (FSLIC), which FIRREA abolished. The FSLIC
Resolution Fund is managed by the Resolution Trust Corporation (RTC). FIRREA
required the fund to be dissolved upon the satisfaction of all FSLIC debt and
liabilities and the sale of all FSLIC assets assumed by the fund.
Full faith and credit -- a pledge of a government
to commit its general taxing power to raise funds for payment of obligations.
fully amortizing loan -- a loan in which the
principal and interest will be repaid fully through regular installments by the
time the loan's term ends.
Fully indexed note rate -- the total interest rate
of an adjustable rate loan consisting of the rate of the governing index plus
the gross margin above (or below) that rate.
Funds -- available money, cash in hand, including
balances held in depository institutions.
Fungible -- substitutable. The interchangability of
an unit that is as acceptable as another, usually referring to mortgage
documents, appraisals and property or credit standards that make mortgages more
marketable because of their uniformity and substitutability.
Future advances clause -- a clause in a mortgage contract
that allows a lender to advance additional funds without executing a new
mortgage instrument.
Futures -- contracts for the sale or purchase of a
specified item at a specified price on a given date in the future. When the
item sold or purchased is an interest-bearing security, the contract is called
an interest-rate future, or a financial future.
Futures market -- a market in which
futures contracts are bought and sold on many basic fibers, foodstuffs, metals,
currencies, and financial instruments.
G
GAAP -- see generally accepted accounting principles.
Gain -- an increase, benefit, profit, or advantage which
is more than at a previous time.
Gap -- the difference between the dollar value of
assets and liabilities with the same remaining term to maturity and repricing.
The gap is usually expressed as a percentage of assets.
Gap financing -- an interim loan made to
provide funding during the time between the end of loans extended during the
development stage of a project and the beginning of the permanent mortgage
extended to the buyer.
Gap management -- a technique using
hedging to offset difference in the volume of assets and liabilities being
repriced within a given time period. Repricing occurs because assets or
liabilities mature and are reinvested at new rates or because they carry
adjustable rates tied to some index. Gap refers to a specific period of time,
such as a 30-day gap, in which assets repricing exceed or fall short of
repricing liabilities.
Garnishment -- a notice to an employer or other asset
holder requiring that monies, wages, or property due a debtor be withheld and given to a
creditor to be applied to a specific debt in arrears.
Gazebo -- an ornamental garden pavilion, designed to let
in light and air and often situated to take advantage of a view. It is
constructed of light metal or wood. Also called a belvedere.
General contractor -- a party that performs or
supervises the construction or development of a property pursuant to the terms
of a primary contract with the property owner. The general contractor may use
its own employees to perform the work and/or the services of other contractors
called subcontractors.
General and administrative expenses (G&A) -- the expenses of
operating a business that are not directly linked to the company's products or
services. They include salaries, rent and payments to utilities generally known
as overhead.
General ledger -- an accounting record or
legend in which are listed all increases or decreases of all other accounts
such as liability, reserve, capital, income and expense accounts.
General obligation bonds -- state or municipal debt
instruments backed by the general taxing and borrowing authority of the state
or municipality.
General partner -- a co-owner of a business
who is liable for all debts and other obligations of the venture as well as for
the management and operation of the partnership. A general partner can have
control of the business and can take actions that are binding on the other
partners.
General reserves -- the funds that are set
aside by a financial institution for the sole purpose of covering possible
losses that have not yet been specifically identified.
General valuation allowance -- a reserve held against
assets other than those individually classified as loss. See specific valuation
allowance, and valuation allowance.
Generally accepted accounting principles
(GAAP) --
accounting rules and procedures adopted by the accounting profession to
facilitate uniformity in preparing financial statements.
Gentrification -- the rehabilitation of a
deteriorated neighborhood by new residents who are wealthier than the long-time
residents. This can cause an increase in housing prices and lead to
displacement of the long-time residents.
Gesture -- in law, someone who acts for another.
Gina Mae -- popular name for Government National
Mortgage Association.
Glass-Steal Act -- see Banking Act of 1933.
GNMA -- see Government National Mortgage Association.
Gnomes -- Wall Street slang for 15-year Participation
Certificates sold by the Federal Home Loan Mortgage Corporation.
Gnomes of Zurich -- slang referring to
financial and banking people of Zurich, Switzerland, who are involved in
foreign exchange speculation. The term was coined by Great Britain's Labour
ministers during the 1964 sterling crisis.
GNP -- see Gross National Product.
Going long -- a strategy in hedging by which loans are
originated before an attempt is made to sell the loans to investors. In
securities markets the term means buying something with no immediate intention
of selling it.
Going short -- a strategy in hedging by which investor
commitments to buy loans are obtained before the loans are actually made. In
securities markets, the term means selling something before it is owned. That
which is sold must subsequently be purchased by the seller and delivered to the
buyer. Investors use this technique when they believe market prices will fall.
Thus they sell at one price something, they hope to purchase later at a lower
price to deliver to the buyer.
Gold fix -- the setting of the price of gold by
dealers. The primary gold fix is made twice each day by dealers meeting at the
central bank in London. The fix is the fundamental worldwide price for setting
prices of gold bullion and gold-related contracts and products.
good faith estimate -- a disclosure required
under the Real Estate Settlement Procedures Act (RESPA) that must be given to
all mortgage loan applicants at the time of application. The disclosure is an
estimate of all settlement charges likely to be incurred at closing.
Goodwill -- the difference between the market value
of an institution's assets and the higher amount paid at the time the
institution is purchased or merged into another institution. Rather than making
the acquiring institution immediately deduct the difference from its stated
assets, accounting procedures allow the institution to amortize the goodwill
over the average life of the acquired assets -- usually 10 to 30 years. In a
broader sense, the acquiring institution is amortizing the premium it paid to
acquire the goodwill of the disappearing institution's customers. See
supervisory goodwill.
Gore lot -- a triangular parcel of land.
Government National Mortgage Association
(GNMA) -- a
government corporation, part of the Department of Housing and Urban
Development, that subsidizes the purchase of FHA and VA mortgages. GNMA also
guarantees securities issued by private institutions and backed by pools of
mortgages. Popularly known as Ginnie Mae.
Government survey system -- the land survey system
adopted by the U.S. government in 1785 and based on the geographic north-south
lines of longitude (meridians) and the east-west lines of latitude (parallels).
Each region of the country was assigned a specific meridian and parallel as a
reference point; these special meridians were generally referred to as
principal meridians, while parallels were referred to as base lines. The land
was divided into a grid of 24 miles square by additional parallels known as
correction lines, and meridians known as guide meridians. Additional imaginary
east-west township lines and north-south range lines divide the land into
six-mile square townships. Each township is divided into 36 one-mile square
sections.
Grace period -- a specified period after
the regular due date of a loan payment during which no late charge or other
penalty is assessed on tardy payments.
grace period provision -- a clause in a promissory
note stating that a borrower who has prepaid part of a loan may at any time
skip payments until the loan balance equals the amount it would have been had
no prepayments been made.
Graduated-equity mortgage (GEM) -- a loan for which
payments increase according to a prearranged schedule and the increases repay
the debt faster than a conventional, fixed-payment mortgage.
graduated-payment mortgage -- a mortgage loan which
provides for initial lower monthly payments, with payment amounts increasing
gradually over a period, usually up to 10 years, under the assumption that the
borrower's income will also rise during the period.
Grandfathered activities -- activities prohibited by
law, regulation, or agreement that may continue because they were established
prior to being prohibited.
Grant -- (1) to transfer property by deed. (2) to bestow
or confer. (3) that which is granted.
Grantee -- a person to whom a grant is made; the
person named in a deed to receive title to property.
Grantor -- a person who makes a grant; a person who
makes a settlement, executes a deed or creates a trust giving up title to
property.
Greenbelt -- an open space of landscaped or
undeveloped land, usually surrounding a residential area, and designated by
easement, covenant, deed restriction, or zoning ordinance.
Gross -- the amount before deductions are made.
Gross income -- total income before
taxes and other expenses are deducted.
Gross margin -- (1) the difference
between the total sales revenue and the cost to the seller of the items sold.
(2) an amount, expressed as a percent, which is stated in the terms of a loan
and which is added to the percentage expressed by a controlling rate index to
establish the rate the borrower pays on the loan.
Gross National Product (GNP) -- the most comprehensive
measure of a nation's total output of goods and services, consisting of the
total retail market value of all items and services produced in a country
during a specified period.
Gross operating income -- an accounting term that
includes income received from ordinary operation of a business before deducting
expenses of doing business.
Gross savings -- total savings, including
interest credited.
Gross yield -- the return on a security
or other investment before deducting costs or losses incurred in procuring and
managing the investment.
Ground lease -- a lease of land alone
that does not include buildings or other improvements on the land, usually on a
long-term basis. A ground lease may be used in the case where buildings are
constructed on land owned by another.
Ground rent -- income from the lease of the ground
itself, and not from any buildings or other improvements on that ground. Ground
rent is frequently used in mobile home parks where the living units are
individually owned but the land is rented from the mobile home park owner.
Growing equity mortgage -- a type of loan in which
periodic increases in monthly payments are used to reduce outstanding principal
owed and shorten the term of the loan.
Growth stock -- a stock issued by a
corporation earning above average profits, a situation likely to result in the
stock trading at a higher price in the future.
Guarantee -- a promise, especially in writing, that
something is of specified quality, content, benefit, or that it will provide
satisfaction or will perform or produce in a specified manner. In the thrift
industry, one such guarantee is the promise of the issuer of mortgage-backed
securities that the issuer will pay principal and interest to investors in
those securities, even if borrowers of the underlying mortgage loans default.
See guaranty.
Guaranteed student loan -- a loan made by a savings
an loan association, bank, credit union or college to help a student with
tuition and other educational expenses. Payment of the loan is guaranteed by
the federal or state government.
Guarantor -- an individual, institution or other
entity that guarantees to repay a debt if the borrower defaults. Under the
Federal Home Loan Mortgage Corporation's Guarantor Program, original lenders
sell ("swap") loans to Freddie Mac in exchange for Participation
Certificates.
Guaranty -- a promise by one party to pay the debt or
perform an obligation of a second party if the second party fails to carry out
terms of the obligation to a third party. See guarantee.
Guardian -- an individual who is legally responsible
for the care of another and the management of the property of the other person,
such as a child, who is considered incompetent to manage his or her own
affairs.
Guardian account -- an account established
at a financial institution in the name of a guardian who acts on behalf of and
administers the funds for the benefit of the ward.
H
Habeas corpus -- a writ alleging that an
individual has been unlawfully detained and ordering the official having
custody of the individual to bring the person before a court for the purpose of
determining whether the imprisonment was legal.
Habendum clause -- Latin for "to have
and to hold." The clause is written into deeds and mortgages to define the
transfer of the subject property. It reads: "To have and hold the premises
herein granted unto the party of the second part (the grantee), his heirs and
the assigns forever."
Haircut -- (1) that portion of an asset's value that
cannot be used as collateral. For example, if 90 percent of an asset's value
can be used as collateral for a loan, the haircut is 10 percent. Therefore, to
provide full backing, the lender will require collateral that is valued in
excess of the amount of the loan. The haircut is meant to protect the lender
against a possible decrease in the value of the collateral -- to below the
amount of outstanding principal -- during the life of the loan. (2) the spread
in a repurchase agreement.
Hazard insurance -- a form of insurance
coverage for real estate that includes protection against loss from fire,
certain natural causes, vandalism and malicious mischief.
Hectare -- a metric unit of land measurement equaling
100 ares, or 10,000 square meters, or 2.47 acres. There are 100 hectares in a
square kilometer.
Hedging -- the purchase or sale of a commodity,
security or other financial instrument for the purpose of offsetting the profit
or loss of another security or investment. Thus, any loss on the original
investment will be hedged, or offset, by a corresponding profit from the
hedging instrument.
Hidden defect -- any encumbrance on a
title that is not apparent in the public records; for example, unknown heirs,
secret marriages, forged instruments, mental incompetence, or infancy of a
grantor.
Highest and best use -- an appraisal and zoning
concept that evaluates all the possible, permissible and profitable uses of a
property to determine the use that will provide the owner with the highest net
return on investment in the property, consistent with existing neighboring land
uses.
High-rise -- a housing structure containing multiple
dwelling units and at least eight floors.
Hokeys -- the nickname for bonds sold by the former Home
Owners' Loan Corporation. The bonds are no longer in circulation.
hold -- a notation made on an account record to show that
a specific amount of money in the account is temporarily not available to the
account holder, or to show that the account requires special handling. For
example, a hold may be placed on recently deposited checks to allow time for
the checks to clear.
Holder in due course -- any subsequent owner of
a negotiable instrument such as a check, note or other document. The holder
must have accepted possession of the financial instrument in good faith and
given something of value for it. The holder is presumed to be unaware that the
financial instrument previously may have been overdue, been dishonored when
presented for payment, or had a claim against it, if in fact such were the
case. For example, someone who accepts a third party check or NOW draft is a
holder in due course, as are all subsequent holders of the instrument.
Likewise, the holder of a note or loan agreement concluded by two other parties
(the original consumer and the seller who first extended credit) is also a
holder in due course. Until 1976, the Uniform Commercial Code held that a
holder in due course was not liable for any prior claims made against the
instrument held. However, in 1976, the Federal Trade Commission ruled that
holders in due course could be liable in some cases. For example, if the
original customer stops making loan payments because the merchandise purchased
on credit is faulty, and the original seller refuses to honor the terms of the
guarantee, all subsequent holders of the note may be subject to claims against
the seller. While claims may be made against holders of a note, innocent
holders of a check or NOW draft generally have the right to collect the face
amount from the payer or drawer, regardless or prior claims.
Hold harmless clause -- a provision in a contract
that relieves a party to the contract from liability, either as a matter of
negotiated agreement, or in the event that circumstances beyond his control
prevent him from fulfilling the terms of the contract. For example, in a
construction loan, the lender might agree to hold the borrower harmless in the
event that the building construction was not completed on time due to a strike,
thus preventing foreclosure on the loan.
Holding company -- a corporation or other
entity that owns a majority of stock or securities of one or more other
corporations, thus obtaining control of the other corporations. A savings and
loan holding company is defined by the National Housing Act as "...any
company which directly or indirectly controls an insured institution or
controls any other company which is a savings and loan holding company...."
Control is defined as owning 25 percent or more of the voting stock.
Home -- a residential structure containing one to four
dwelling units, or a condominium unit, regardless of the number of units in the
building.
Home equity loan -- a revolving, open-end
loan extended under a line of credit and secured by the borrower's residential
property.
Home improvement loan -- an advance of funds,
usually not secured by a mortgage and usually short-term, made to a property
owner for such improvements as maintenance and repair, additions and
alterations, or replacement of equipment or structural elements.
Home loan -- a residential mortgage loan secured by a
one- to four-family property or a condominium unit.
Home office -- the principal place of business of a savings
institution; the location registered with the Office of Thrift Supervision as
an institution's primary office.
Homeowners association -- an organization of
homeowners residing within a particular area whose principal purpose is to
ensure the provision of and maintenance of community facilities and services
for the common benefit of the residents.
Homeowner’s insurance -- a broad form of real
estate insurance coverage that combines hazard insurance with personal
liability protection and other coverage.
Home Owners' Loan Corporation (HOLC) -- a federally chartered
corporation established in 1933 and administered by the Federal Home Loan Bank
Board to refinance mortgages of economically distressed homeowners. The HOLC
legally expired in 1954.
Homestead -- the dwelling place, owned and occupied by
a family, including the land, house and accessory buildings.
Homestead association -- the name used by some
savings and loan associations in the state of Louisiana.
Homestead estate -- in some states, the home
and property occupied by an owner and protected by law (up to certain limits)
from attachment and sale to satisfy the claims of creditors.
Honor -- to accept and pay a check or draft upon
presentation.
House -- a building for human habitation, usually a
detached structure.
Household -- all persons occupying a separate housing
unit that has either direct access to the outside or a public area, or separate
cooking facilities. When the members are related by law or blood, the household
constitutes a family.
Housing -- buildings or other shelters in which
people live.
Housing permit -- a certificate issued by
a local government authorizing residential construction. It describes the type
of structure to be built and its estimated cost.
Housing start -- the commencement of
construction of a new housing unit. For multiple dwelling structures, each unit
is counted as a start when excavation of the building site begins. For public
housing, the awarding of the contract is counted as the start.
Housing stock -- the total number of
residential units, including mobile homes, available for nontransient
occupancy.
Hypothecate -- to pledge property as security for a debt
without giving up possession or title. The pledged property is said to be
hypothecated. For example, a savings or trust account that is pledged or
assigned as collateral for a loan is called a hypothecated account.
I
Illiquid -- describes an asset that cannot easily be
converted into cash; the opposite of liquid. Illiquid assets can be converted into
cash, but usually only after a period of time and often at a loss in value.
Immediate purchase contract -- an over-the-counter offer by
a seller to a purchaser of a mortgage.
Implied warranty -- a provision of the law
that holds that a product is guaranteed to be fit for consumption or use even
though the manufacturer or merchant makes no written statement to that effect.
Impound -- to seize, hold, or place in protective
custody by order of a court. Examples include impounded property and impounded records.
Impound account -- see escrow account.
Imprest fund -- (1) available money of a
designated amount maintained in order to pay for small, routine operating
expenses of a business or other organization. Also called a petty cash fund.
(2) a loan of government funds
Improved real estate -- real property on which
one or more structures have been built for either residential or business use,
or a combination of both.
Improvements -- additions to raw land
that normally increase its usefulness and value, such as buildings, streets and
sewers.
Inactive account -- a savings account on
which no transaction has occurred (except the crediting of earnings) for a
specific number of years. Also called a dormant account.
Inalienable -- something that may not be
sold, transferred or assigned to another.
Inchoate -- newly begun, incomplete, not organized.
Inchoate courtesy -- the imperfected ownership
interest that the law gives a husband in the properties of his wife, which
becomes perfected upon the death of the wife and may result in possession and
use.
Inchoate dower -- the imperfected interest
that the law gives a wife in the property of her husband, which becomes perfected upon the
death of the husband and may result in possession and use.
Income -- money or its equivalent received in exchange for
labor, for services, from the sale of goods or property, or as earnings on
investments.
Income approach to value -- the process of
estimating the market value of a property by comparing the net rental income
the property would produce over its remaining effective life with the yields
that could be obtained from other kinds of investments of comparable risk.
Income beneficiary -- a person designated to
receive income from a trust during the term of the trust.
income capital certificate (ICC) -- an instrument developed
by the former Federal Savings and Loan Insurance Corporation to provide
assistance to troubled thrift institutions. Under the program, the thrift
issued ICCs to the FSLIC in return for cash or the FSLIC's promissory notes.
The thrift was allowed to count outstanding ICCs as part of its net worth
(minimum required capital). As the institution regained financial health, the
ICCs were retired.
Income limits -- maximum amounts that
families may earn in order to qualify for admission into low- and
moderate-income housing projects or for rent supplement assistance. The limits,
established by law, are based on family size and geographic location.
Income property -- real estate owned or
operated to produce revenue.
Income property loan -- see commercial mortgage
loan.
Income statement -- a financial statement
that contains a summary of a business' financial operations for a specific
period of time. It shows the net profit or loss for the period by stating the
company's revenues and expenses.
Income stock -- a stock that pays higher
than average dividends. In order to pay above-average dividends, a corporation
must have a steady, predictable source of income.
Incorporeal -- of no material substance. Something that
exists with no physical properties, such as rights or privileges.
Incorporeal property -- intangible personal
property lacking in physical substance, such as property rights, leases and
mortgages.
Indebtedness -- the state of being in debt,
of owing money or something of value. Any form of liability.
Indefeasible -- incapable of being annulled
or rendered void, such as an indefeasible title to property.
Indemnify -- to compensate for an actual, sustained
loss so as to restore to the condition prevailing before the loss.
Indemnity -- (1) payment for damage, a guarantee
against losses. (2) a bond protecting the insured against losses caused by
others failing to fulfill their obligations. (3) the granting of exemption from
prosecution. (4) an option to buy or sell a specific quantity of stock at a
stated price within a given period of time.
Indenture -- (1) the formal agreement between a group
of bondholders and the bond issuer containing terms of the debt. (2) a deed,
written contract, or sealed agreement. The term derives from an old practice of
actually indenting the deed by cutting or tearing it in half with a jagged or
indented edge so that the two parts could subsequently by matched by the
grantor and the grantee.
Independent audit -- an examination of
financial statements conducted by an outside CPA (one not employed by the firm
being examined) according to generally accepted auditing standards (GAAS) for
the purpose of expressing an opinion as to whether the statements are a fair
presentation in accordance with generally accepted accounting principles
(GAAP).
Index -- a number that is adjusted at set intervals to
describe relative changes in the quantity of goods, services or levels of
activity. An example is the consumer-price index. Changes in interest payments
of adjustable rate mortgages are usually based on an index such as the National
Average Mortgage Contract Rate Index or Cost of Funds Index published by the
Office of Thrift Supervision.
Index amortizing note (IANs) -- a note that repays
principal over a period of time that lengthens or shortens according to an
amortization schedule linked to a specific index, usually LIBOR. As interest
rates increase, the IAN's maturity extends longer, an effect similar to what
happens to a collateralized mortgage obligation when prepayment rates decrease.
An IAN is a type of structured note.
indirect loan -- a loan that is
transferred to a third party after being originated by a dealer, retailer or
other seller of goods or services to finance the purchase of those goods or
services. The loan is an indirect loan from the third party (to whom it is
transferred) to the consumer of the goods or services bought on credit.
Individual account -- a savings account owned
and controlled by one person rather than by a corporation or other legal
entity.
individual minimum capital requirement (IMCR) -- an order issued by the
Office of Thrift Supervision to a savings institution ordering the thrift to
hold higher capital than would be required under the agency's regulations, or
federal law. IMCRs may be issued to institutions experiencing unusual problems
including high exposure to interest rate risk and credit risk, inadequate
liquidity, operating problems, inadequate underwriting policies, and
low-yielding assets.
Individual retirement account (IRA) -- an interest-earning
retirement savings account in which the allowable contributions and earnings are not
taxed until the funds are withdrawn, after age 59 1/2.
Industrial bank -- a limited service
financial institution that raises funds by selling certificates called
"investment shares" and by accepting deposits, and invests such funds
in installment loans to consumers and to small businesses. Often such loans are
secured by a third party who signs a co-maker note pledging to repay the loan
if the borrower defaults, or the loan is secured by a chattel mortgage.
Industrial banks are sometimes called Morris Plan banks or industrial loan
companies. Industrial banks are distinguished from commercial loan companies because
industrial banks accept deposits in addition to making consumer loans.
Industrial banks are distinguished from commercial banks because industrial
banks do not offer demand deposit (checking) accounts.
Industrial revenue bond -- a financing technique in
which a municipality or its development corporation issues bonds to finance
revenue-producing projects. Revenue thus generated is used to pay the debt
service on the bonds.
Industry condition report (ICR) -- any of the financial
reports savings associations are required to file with the Office of Thrift
Supervision.
In fee -- ownership of land with all the rights and
obligations of ownership including the right to sell or give away the land or
pass it on to one's heirs.
In-fill housing -- housing that is built on
vacant lots in built-up areas of a city.
Infirmity -- any known act or visible omission in
detail during the creation or transfer of title that would invalidate the
title.
Inflation -- an economic condition marked by a
decrease in the purchasing power of the dollar and a general rise in prices.
Ingress -- to go in, to enter. It is used with the
word egress to describe the right of access to land.
Inheritance tax -- a state tax based on the
value of property passing to each heir. It differs from the estate tax in that
kinship generally determines the tax rate and the exempt amount, while the
estate tax is a net value tax. See estate tax.
Initial closing -- the act in which a
lender funds a construction loan.
Initial public offering (IPO) -- the first time a company
offers to sell its stock to the public. An IPO of a newly formed corporation
takes place before the stock begins trading in the market, and the price of the
IPO shares is fixed by the company.
Injunction -- a court order prohibiting an act or
compelling an act to be performed.
Inner city -- the older, central part of a city, often
characterized by crowded, run-down, low-income neighborhoods.
Insider -- an individual who by virtue of his or her
employment or other close relationship has information on the financial status
of a firm or a particular transaction before that information is available to
the general public.
Insolvency -- the inability to pay one's debts as they
come due. Even though the total assets of an organization may exceed its total
liabilities, the entity is insolvent if the assets cannot be converted into
cash to meet the current obligations.
Insolvent -- the state of being unable to pay debts
when demanded by creditors at maturity.
Installment -- the regular, periodic payment that a borrower agrees
to make to a lender to repay a debt.
Installment credit -- the practice of paying
for goods or services after receiving them by making two or more payments
within a specified period of time.
Institution -- an organization, foundation or
establishment devoted to a particular type of endeavor, such as a savings
institution.
Institutional lender -- a financial institution
or mortgage lender that invests its own funds and funds it is managing in real
estate mortgages. Examples include savings and loan associations, savings
banks, commercial banks, life insurance companies and pension and trust funds.
Instrument -- any written document that sets forth a
legal agreement. See financial instrument.
Instrumentality -- an organization created
by the federal government whose obligations are not the direct obligation nor
guaranteed by the federal government.
Insufficient funds -- the situation in which
the drawer's deposit balance is less than the amount of the drawer's check
presented for payment.
Insured closing letter -- a document issued by a
title insurance company in connection with an about-to-be-issued title
insurance policy. It protects a mortgagee who is forwarding funds to a title
insurance company's agent or attorney against an embezzlement of funds or a
failure to follow specific closing instructions.
Intangible asset -- an asset that has no
substance or physical properties. Intangible assets include goodwill, patent
rights, permits, copyrights and licenses.
Inter-American Development Bank -- a multinational
financial organization established in 1959 to encourage economic development in
21 member Latin American nations.
Interest -- a fee paid for using money that belongs
to another, usually expressed as an annual percentage of the amount used. A
financial institution makes periodic payments of interest to savers for the use
of their deposited funds. A borrower pays interest to the financial institution
for the use of its funds.
Interest credited -- interest that a savings
institution automatically deposits to a savings account.
Interest earned -- interest generated but
not yet credited or paid.
Interest margin -- the dollar amount of
interest earned on assets minus the dollar amount of interest paid on liabilities.
Interest only (IO) -- see stripped
mortgage-backed securities.
Interest paid -- interest that a savings
institution mails directly to a depositor.
Interest rate -- the percentage of the
principal paid by the borrower to the lender for the use of the lender's money.
Interest rate risk -- the risk that a savings
association's assets and/or liabilities will decline in market value because of
changes in market interest rates. For example, on the asset side, an old loan
earning 10 percent will be worth less to the association if interest rates on
new loans rise to 12 percent. On the liabilities side, an existing certificate
of deposit yielding 10 percent becomes relatively more costly to the
association if the interest rate on a comparable new CD drops to 8 percent.
Interest rate spread --a percent calculated as
follows: (dollars of interest earned divided by the dollar amount of interest
earning assets) minus (dollars of interest paid divided by the dollar amount of
interest costing liabilities).
Interest rate swap -- a contractual agreement
whereby two parties exchange interest payments on a notional amount of
principal during a predetermined period. In a fixed/floating swap, fixed-rate
interest rate payments are exchanged for variable-rate payments. In a
floating/floating swap, payments tied to two types of short-term variable
indices are exchanged. Interest rate swaps are an asset/liability management
tool.
Interim loan -- a short-term mortgage
loan, often for the construction of a building.
Interlocking directorate -- the situation in which
one or more members of the board of directors of one business are also members
of the board of directors of another corporation.
Intermediation -- the process carried out
by a financial institution serving as a link, or intermediary, between
borrowers and savers. Savers deposit funds in the institution, which lends
those funds to home buyers and other borrowers. See disintermediation.
International Bank for Reconstruction and
Development
-- (The World Bank) an organization proposed at the July 1944 Bretton Woods
Conference, which began operation in June 1946. Initially, it provided loans
for reconstruction following World War II. Its primary function now is to
provide loans for economic development.
International Monetary Fund (IMF) -- an international
organization with 146 members, including the United States. The main functions
of the International Monetary Fund are to lend member nations funds to finance
solutions to temporary balance of payments problems, to facilitate the
expansion and balanced growth of international trade, and to provide
international monetary cooperation among nations. The IMF also creates
additional reserves for member nations called special drawing rights. Member
nations must subscribe to a Fund quota, making payments mainly in their own currency. The
IMF grew out of the Bretton Woods Conference of 1944.
Intestate -- the situation in which a person dies
without leaving a valid will.
In the money -- a situation in which an
investor will receive a profit from the sale or purchase of a financial
instrument. This results when the investor holds a contract to buy a stock at a
price less than
its market value, or holds a contract to sell a stock at a price greater than
its market value.
Intrinsic value -- (1) the market value of
something's tangible material. (2) the difference between the option price and
the market value of the underlying security, if the option to buy or sell is
exercised immediately.
Inventory loan -- a loan granted for the
purpose of purchasing inventory for resale, particularly manufactured (mobile)
homes.
Inverse floater -- an asset, such as a
mortgaged backed bond, paying an adjustable interest rate that rises or falls
in the opposite direction of the movement of general market interest rates. The
floating coupon rate is calculated as the difference between a constant
interest rate and a designated index. For example, the floating rate might be
14 percent minus the current rate of LIBOR. As LIBOR increases, the bond's
coupon payment rate decreases and vice versa. An inverse floater is a type of
structured note.
Investment -- an outlay of a sum of money to be used in
such a way that a profit or increase in capital may be expected.
Investment banker -- an underwriter who
serves as a middleman between a corporation issuing new securities and the
public. Usually, an investment banker, or several investment bankers in a
syndicate, buy the securities issue outright, then sell the securities to
individuals or institutions.
Investment Company -- a financial intermediary
that sells shares and invests the proceeds in a portfolio of stocks and bonds.
Investor -- an individual whose primary concerns in
the purchase of a security are regular dividend income, safety of the original
investment, and if possible, capital appreciation.
Invoice -- an instrument prepared by a seller of
goods or services listing all such items sold, and presented to the buyer for
payment.
Involuntary lien -- a lien imposed on
property without the consent of the owner. Examples include taxes, special
assessments for such items as nearby sidewalks or sewers, and judgments.
IRA -- see individual retirement account.
Irrevocable trust -- a trust that cannot be
annulled by the grantor, the person who originally set up the trust.
Issue -- any of a company's or agency's securities,
usually grouped by the same initial sales date. Also, the act of distributing
such securities to the buyers.
J
Joint and several obligations -- a debt entered into by
two or more borrowers, each of whom is liable for repaying the full amount of
the debt. Bonds and discount notes sold by the Office of Finance are the joint
and several obligations of the 12 Federal Home Loan Banks.
Joint ownership -- a general term
describing ownership by two or more parties.
joint tenancy -- a form of ownership by
two or more parties who share equal rights in and control of property, with the
survivor or survivors continuing to hold all such rights on the death of one or
more of the tenants. Joint tenancy is a common form of ownership when two or
more persons jointly open a savings account.
Joint venture -- a commercial project,
usually of a limited duration or for a specific accomplishment, undertaken by
two or more persons or companies.
Journalizing -- the recording of
transactions using the double-entry system. The recording is in five steps: (1)
date; (2) the account to be debited and the amount; (3) the account to be
credited and the amount; (4) the explanation and (5) the cross-reference to the
General Ledger.
Journal voucher -- a document that provides
written authorization for a financial transaction, often used in place of or
supplementary to the journals or registers. It is commonly used for
disbursements from the petty cash account.
Judgment -- a final determination by a court of the
rights and claims of the parties to an action.
Judgment in rem -- a judgment against a
thing (i.e. bank account, personal property) as contrasted with a judgment
against an individual.
Judgment lien -- a court order placing a
claim on property of a debtor, making the property security for payment of the
debt. When applied to personal property, it is known as an attachment.
Judicial foreclosure -- a type of foreclosure
proceeding used in some states that is handled as a civil lawsuit and conducted
under the auspices of a court.
Jumbo certificate -- a certificate of deposit
of $100,000 or more, exempt from regulatory interest rate ceilings and usually
paying a market rate of interest. Jumbo CDs resulted when the Federal Reserve
in 1973 amended Regulation Q to exempt time deposits of $100,000 or more from
regulatory interest rate limits.
Junior mortgage -- a mortgage that is
subordinate to claims of a prior lien or mortgage. Borrowers sometimes use
junior mortgages to obtain additional funds needed for down payments or closing
costs. Lenders tend to discourage junior financing because the borrower has
little or no equity in the home. Also called a second mortgage.
Junk bonds -- Wall Street slang for bonds listed at
below investment grade (below the top four ratings) by agencies that rate
bonds. Such bonds are frequently unsecured or thinly backed by company assets,
and thus carry a relatively high level of risk for investors. Consequently, the
bonds must pay high yields, commonly three to four percent above high-grade
corporate bonds. Some junk bonds are issued by those seeking to raise funds to
finance their buying of stock and takeover of corporations, the assets of which
are liquidated to pay for redemption of the bonds.
K
Keogh account -- a tax-deferred trust
savings account that allows self-employed individuals or those who own their
own incorporated businesses to save for their retirement. Savers place a
portion of their income each year in their Keogh account until they reach at
least age 59 1/2. Federal income tax on the deposited funds and the interest
they earn is deferred until withdrawals are begun, presumably when the saver
has retired, and is, therefore, in a lower tax bracket. Employers who establish
a Keogh plan for themselves must also make the benefit available to qualified
employees.
Kick-out clause -- a provision of a lease
that permits a tenant to cancel a lease if the landlord fails to comply with
stated conditions, obligations or standards.
L
Labor banks -- banks owned by labor
unions and their members.
Laissez-faire -- the theory that
government should have as little influence as possible in the nation's economy.
Land contract -- a type of mortgage in
which the seller retains the original loan and the buyer makes monthly payments
to the seller to cover the amount of the original loan and any new mortgage. No
transfer of title occurs until the loan is fully paid, and thus no equity is
established until the debt is completely paid off. Most loans of this type have
below-market interest rates and a balloon payment of principal at the end of
the term.
Land development loan -- an advance of funds,
secured by a mortgage, to finance the making, installing, or constructing of
the improvements necessary to convert raw land into construction-ready building
sites.
Land flip -- a technique to artificially increase the
book value of a parcel of land. The land is sold several times in quick
succession among persons acting in concert, with the price increasing each time
the land is sold. In a land flip, multiple sales of the same property can occur
within a few days.
Landlord -- the owner or lessor or real property.
Late charge -- a penalty fee imposed by a lender for
delinquent payments.
Lease -- a contract by which the owner grants the right
to possess and use real estate or equipment to another, and which sets forth
the terms of payment and other conditions.
leasehold -- an interest in an estate held by a tenant
who possesses certain rights of occupancy and use by virtue of renting the real
property, even though the tenant does not hold title to the property.
Lease-purchase -- a method of acquiring
ownership of property whereby all or a portion of rent payments made under
terms of a lease may be subsequently applied to the purchase price.
legal entity -- any individual,
partnership, proprietorship, corporation, association or other organization
that has, in the eyes of the law, the capacity to make a contract or an
agreement and the abilities to assume an obligation and to pay off its debts. A
legal entity, under the law, is responsible for its actions and can be sued for
damages.
Legal tender -- the coin or paper
currency required by law to be accepted in payment of obligations.
Lend -- to grant the temporary use of something with the
understanding that it will be returned. Lend -- past tense lent -- is the verb.
Loan is the noun.
Lending institution -- an organization that
makes loans.
Lending policy -- an institution's
statement of its basic lending philosophy, including standards, guidelines, and
limitations that are to be observed and adhered to in the process of deciding
whether to grant a loan. The policy must adhere to applicable law and
regulations.
Leniency clause -- a provision written into
a promissory note spelling out the lender's willingness to adjust loan payments
temporarily if a borrower is experiencing severe financial difficulties through
no personal fault.
Lent -- past tense of lend.
Lessee -- a person, business or other organization that is
granted the use and possession of property in return for payment of rent. When
real estate is rented, the lessee is known as the tenant.
Lessor -- the owner of property who allows another to use
and possess it in return for payment of rent. When real estate is rented, the
lessor is known as the landlord.
Letter of credit -- a document issued by a
financial institution on behalf of a buyer stating the amount of credit the
buyer has available, and that the institution will honor drafts up to that
amount written by the buyer. It gives the buyer the prestige and financial
backing of the issuing institution and satisfies the requirements of the seller
in completing the transaction. The accepting institution has a prior agreement as to
how the buyer will pay for the drafts as they are presented.
Level payment mortgage -- a mortgage that provides
for a constant, fixed payment at periodic intervals during its term. Part of
each payment consists of interest with the balance of the payment used to
reduce the principal. See constant payment.
Leverage -- (1) the use of borrowed money to increase
the return on a cash investment. For leverage to be profitable, the rate of
return on the investment must be higher than the cost of the borrowed money. (2)
the use of a relatively small amount of capital to control a large dollar
amount of a commodity or cash instrument by buying on margin. In the futures
market, the margin is a good faith performance bond. In the cash market, the
margin is an actual down payment. (3) the effect on the earnings per share of
the common stock of a company when large sums must be paid for bond interest or
preferred stock dividends before earnings are paid to holders of common stock.
Leverage ratio -- the ratio of tier 1 (core)
capital to adjusted total assets.
Liability -- an item of value that is part of the
overall debt or obligation of a person or business. For example, a mortgage is
a liability of the homeowner/borrower, but the same mortgage is an asset of the
savings and loan/lender. At savings institutions, savings deposits and all
borrowed money are considered liabilities. Net worth, or regulatory capital, is
accounted for as a liability because it is an obligation of the institution to
its owners. See asset.
LIBOR -- see London Interbank Offered Rate.
Lien -- a claim by one person on the property of another
person making the property security for the payment of a debt. A mortgage is a
lien against a house. If the mortgage is not paid on time, the house can be
seized to satisfy the lien.
Lien holder -- a person or institution holding a
mortgage or having a legal claim on the specific property of another person as
security for a debt.
Lien theory -- an assumption of real estate law, which
holds that a mortgage conveys to the lender a claim to, or lien on, the
mortgaged property.
lien waiver -- a document signed by a contractor,
subcontractor, or other supplier of goods or services stating that the supplier
has been paid for the work performed or goods supplied and waiving the
supplier's right to file a claim against the property.
Life estate -- a freehold estate giving a beneficiary
all property rights except the right to sell. The right to the estate is
terminated upon the death of the beneficiary.
Life insurance Company -- a type of financial
intermediary that shares the financial risk of untimely death among its
participants. The participants buy policies for which they pay stated, periodic
premiums and are guaranteed a minimum payment to designated beneficiaries at
the time of the
policyholder's death. Policyholders may also use their policies to build up
cash savings.
LIFO -- an acronym for last in first out. As applied to
the thrift industry, it is an accounting method to determine interest earned on
savings accounts whereby any withdrawals are deemed to be taken from the most
recent deposits. As applied to business in general, LIFO refers to a method of
establishing the value of inventories whereby the price of the last incoming
shipment of a particular item is used to place an inventory value on all
shipments of the item in a given period. Also see FIFO.
Life of loan -- the agreed upon length
of time in which a loan must be repaid.
Life of loan cap -- the limit beyond which
the rate of interest may not rise throughout the term of an adjustable rate
loan.
limited partnership -- a partnership that
consists of at least one general partner who is fully personally liable for the
debts of the partnership, and one or more limited partners who are each liable
only for the amount of their own investment.
Line of credit -- a preestablished loan
authorization with a specified borrowing limit extended by a lending
institution to an individual or business based on creditworthiness. A line of
credit allows borrowers to obtain a number of loans without re-applying each
time as long as the total of borrowed funds does not exceed the credit limit.
Link -- a unit of land measurement. One link equals 7.92
inches or 0.66 feet. There are 100 links of equal length in a surveyor's chain.
Linked financing -- the practice of
depositing money into a savings institution or a bank with the understanding
that the institution will make a corresponding loan to a borrower specified by
the depositor.
Liquid assets -- the total amount of funds
that are in the form of cash or can quickly be converted to cash. These include
(1) cash; (2) demand deposits; (3) time and savings deposits; and (4)
investments capable of being quickly converted into cash without significant
loss, either through their sale or through the scheduled return of principal at
the end of a short time remaining to maturity.
Liquidation -- the process of terminating a business
including selling assets to obtain cash and using the cash to discharge
liabilities.
Liquidity -- a measure of the ability of an
individual, business, or institution to convert assets to cash without
significant loss at a particular point in time.
Liquidity base -- the amount of money in a
thrift institution's net withdrawable accounts, less the unpaid balance of any
loans secured by those savings, plus short-term borrowings.
Liquidity ratio -- a comparison, expressed
as a percentage, of an institution's liquid assets to its unpledged net
withdrawable accounts.
Listing -- a written authorization by the owner to
sell or lease real property.
Litigant -- a person engaged in a lawsuit.
Litigation -- the act of engaging in and proceeding
with a lawsuit.
Loaded couponing -- the practice of a lender
including the cost of mortgage insurance in the interest rate stated in the
loan note, rather than listing it as a separate monthly charge. The practice
permits a lender to cancel the mortgage insurance at a later date, while
continuing to collect the monthly insurance premium from the
homeowner/borrower. The practice was prohibited in 1985 by the Federal Home
Loan Mortgage Corporation.
Load fund -- a type of mutual fund that charges a
sales commission when an investor buys shares. See no load fund.
Loan -- a sum of money transferred to another for
temporary use, to be repaid with or without interest according to terms of the
loan agreement written in the accompanying bond, note, mortgage or other
document of indebtedness. Loan is the noun. Lend (past tense lent) is the verb.
Loan application -- (1) a request to a
lending institution for an advance of funds. (2) the form on which data about
the loan and about the prospective borrower are recorded.
Loan application register (LAR) -- a register that lists
all loan applications taken by a savings association.
Loan origination -- the steps by a lending
institution up to the time a loan is placed on its books, including
solicitation and processing of applications and loan closing.
Loan origination fee -- the initial service
charge imposed by a lending institution on a borrower for placing a loan on the
institution's books.
Loan participation -- (1) the buying of
portions of outstanding loans by investors, who then participate on a pro rata
basis in collecting interest and principal payments. (2) the sharing by two or
more lenders in the ownership of a loan or package of loans.
Loan portfolio -- the total of all the
loans that a financial institution, or other lender, holds at a given time.
Loan proceeds -- the net amount of funds
that a lending institution disburses under terms of a loan, and which the
borrower then owes.
Loan processing -- all the steps taken by a
lending institution from the time a loan application is received to the time
the loan is closed and placed on the books, including taking the application,
conducting the credit investigation, evaluating the loan terms and other steps.
Loan-related assets -- the sum of mortgage and
nonmortgage loans.
Loan servicing -- the acts performed to
collect and process loan payments during the life of a loan. They include
billing the borrower; collecting payments of principal, interest, and payments
into an escrow account; disbursing funds from the escrow account to pay taxes
and insurance premiums; and forwarding funds to an investor if the loan has
been sold in the secondary market.
Loan settlement statement -- a document prepared for
and presented to the borrower at the loan closing showing all disbursements to
be made, such as payment to the seller.
loan terms -- the specifications in a loan agreement
that prescribe the loan amount, interest rate, length of time in which to repay
the loan, and any other enforceable agreements entered into by the borrower and
lender to effect the advance of funds.
Loan-to-value ratio -- the relationship,
expressed as a percent, of the amount of money loaned to the appraised value of
the real estate pledged as security for the loan. For example, an $85,000 loan
on a $100,000 house would have a loan-to-value ratio of 85 percent.
Loan workout -- a series of steps taken
by a lender with a borrower to resolve the problem of delinquent loan payments.
Steps can include rescheduling loan payments into lower installments over a
longer period of time so that the entire outstanding principal is eventually
repaid.
Loans in process -- all loans on which an
institution has made a firm commitment to lend money but not yet disbursed the
entire proceeds.
Lock box service -- a service performed by a
vendor in which customers' incoming payments are picked up from a Post Office
box and processed.
Lock-in period -- the portion of the term
of a mortgage loan during which the loan cannot be paid off earlier than
scheduled.
London Interbank Offered Rate (LIBOR) -- the interest rate
offered by a specific group of London banks for U.S. dollar deposits of a
stated maturity. LIBOR is used as a base index for setting rates of some
adjustable rate financial instruments.
Long -- refers to the ownership of stock, futures, cash
commodities or financial instruments, specifically to the purchase of such
securities with the intention of holding them in anticipation of a price
increase. "I am long 100 Freddie Mac," means the investor owns 100
shares of Freddie Mac stock. See short.
Long hedge -- the purchase of futures contracts to
compensate for a rise in the price of a commodity or financial instrument. A
long hedge is often used to lock in the yield (or cost) of an anticipated cash
market purchase or to "shorten" the maturity of a liability.
Loophole certificate -- a certificate of deposit
for which part of the deposited funds have been lent by the issuing institution
to the certificate holder.
Loss -- (1) the situation in which money received from
the sale of an item is less than the money previously spent to buy the item.
(2) the excess of costs and expenses over income. (3) a category of classified
assets. See classification of assets.
Lot -- a measured parcel of land having fixed
boundaries as shown on the recorded plat.
Lower of cost or market (LOCOM) -- an accounting method
used to establish the dollar amount at which assets are recorded on a savings
association's books. The amount established is the lower of the cost of the
asset or the current market value. Under this method, assets must be written
down if the market value falls below the cost. They may also be written up but
not above their amortized cost.
Lump-sum distribution -- the withdrawal of an
individual's pension benefits or retirement savings all at once in one payment.
M
MACRO -- a rating system formerly used by examiners to evaluate
the safety and soundness of savings institutions. MACRO is an acronym for the
five elements that were evaluated: Management,
Asset quality, Capital adequacy, Risk
management and Operating results.
Based on the examiner's evaluation, each element was rated on a scale of 1 to
5, and the institution was assigned an overall MACRO rating of 1 to 5. Rating 1
indicated a strong performance, significantly higher than average. Rating 2
reflected satisfactory performance, which was average or above. Rating 3 reflected
performance that was marginal and as such was considered below average. Rating
4 referred to performance that was significantly below average. If left
unchecked, such performance might have evolved into weaknesses or conditions
that could have threatened the viability of the institution. Rating 5 was
considered unsatisfactory; performance that was critically deficient and in
need of immediate remedial attention. Such performance, by itself or in
combination with other weaknesses, impaired the viability of the institution.
The MACRO rating system was used by federal thrift examiners from 1984 until
August 15, 1994, when it was replaced by the CAMELS rating system. See CAMELS.
Macroeconomics -- the study of economics
in terms of whole systems, especially with reference to general levels of
output and income and to the interrelations among sectors within the economy.
See microeconomics.
Maker -- an individual, firm, or other legal entity who
signs a note, check, or other negotiable instrument and is authorized or
responsible for so doing.
Mandatory delivery -- a type of loan purchase
program offered by the Federal Home Loan Mortgage Corporation in which delivery of loans by
the seller/servicer to Freddie Mac is required.
Manufactured home -- a dwelling that is
wholly or substantially built in a factory with major components then delivered
to the building site for assembly. Mobile homes, as well as prefabricated
stationary homes, are included in the category of manufactured home.
Margin -- (1) in futures trading, a specific dollar
amount, set by each exchange, that both buyers and sellers must deposit as a
guarantee that both will perform as agreed to make or take delivery during a
designated period of time. The deposit is held by the clearing organization of
the exchange. (2) in stock transactions, margin refers to the down payment
required when borrowing from a broker to finance the purchase of stock. In this
case, margin requirements may be set by the Federal Reserve Board, the Board of
Governors of the Exchange or the broker. The margin is expressed as a
percentage of the purchase price.
Market -- (1) all persons possessing the ability and
desire or potential desire to purchase and take delivery of a product or service.
(2) the estimated or actual level of demand for a product or service.
Marketability -- the relative ease in
which an asset can be sold quickly at a price near the price at which similar
assets are selling.
Marketable securities -- those securities for
which there is a valid expectation of finding a buyer in an available, active
market.
Marketable title -- title to property that is
free of defects and that will legally be accepted without objection. Also known
as perfect title, clear title, and good title.
Market data approach to value -- the estimation of the
market value of a property by comparing it with similar properties in the
general area that have sold recently under comparable conditions.
Market maker -- one who stands ready to
buy or sell financial instruments at bid or asking prices throughout the
business day. Market makers attempt to profit from the bid/ask spread.
Market research -- the process of gathering,
analyzing and interpreting information about a market; about a product or service
to be offered for sale in that market; and about the past, present and
potential customers for the product or service.
Market value -- the highest price a
property will bring in a competitive and open market. The price that an owner
is prepared to accept to sell property and a buyer is willing to pay. See fair
market value, fair value, net realizable value, and book value.
Market value of portfolio equity (MVPE) -- see net portfolio value
Mark to market -- an accounting procedure
by which assets are "marked," or recorded, at their current market
value, which may be higher or lower than their purchase price or book value.
Mark to the market -- the daily adjustment of
the amount of funds in margin accounts to reflect the market gain or loss on
the position as measured by changes in the daily settlement price. This ensures
that the account contains the minimum amount of margin funds required by the
Federal Reserve Board, the Stock Exchange and/or the brokerage house involved.
Markup -- (1) the difference between the cost and
selling price of an item or service expressed in either dollars or a percentage
and calculated to cover the seller's operating expenses plus a profit. (2) the
process of amending or changing legislation while in committee.
Master deed -- the basic condominium
document that must be registered by the originating property owner prior to the
conveyance of the first unit sold. Also referred to as the condominium
declaration, the master deed thoroughly describes the entire condominium entity,
and specifies essential elements of ownership that permanently govern its
operation. Also called an enabling declaration, or matrix deed.
Master in chancery -- an official appointed by
a court to take testimony, calculate interest, project damage costs, determine
liens, and perform other related duties as requested by the court.
Master plan insurance -- a form of insurance
coverage that insures a financial institution against loss resulting from
certain types of damage to a property pledged as security for a loan, whether
or not the borrower maintains insurance coverage on the property.
Maturity -- (1) the end of the period of time for
which credit, an insurance contract, or a mortgage loan is written. (2) the
date(s) on which some types of investments such as bonds may be redeemed at
face value. (3) the date on which a note, time draft, bill of exchange, bond,
certificate of deposit or other negotiable instrument becomes due and payable.
Maturity intermediation -- borrowing funds at
short-term and lending the funds obtained at longer term.
Maturity amount -- the value of an
investment, including accrued earnings, at the time of its redemption.
Maturity mix -- the variety of lengths
of terms of assets in a firm's or individual's investment portfolio, such as
90-day Treasury bills, and 20-year corporate bonds.
Mechanic’s lien -- a legal, enforceable
claim for payment to a person who has performed work or supplied materials used
in the construction or repair of a building. The building and land is attached
as security for payment of the claim. Mechanic's liens are permitted by the
laws of most states. Also called a materialmen's lien.
Members -- (1) all the savers and borrowers in a
mutual savings institution who have the right to elect directors, amend the
bylaws, approve any basic corporate change or policy or organization, and, in
general, possess most of the rights of ownership that stockholders have in a
stock corporation except the right to share in profits. (2) financial
institutions that belong to one of the Federal Home Loan Banks.
Merger -- the combining of two or more savings
institutions or other entities through one acquiring the assets and liabilities
of the other(s). The acquired institutions lose their corporate identity and
are absorbed into the surviving institution.
Merger-conversion -- a transaction in which a
mutual thrift institution converts to stock form and simultaneously merges into
an acquiring stock thrift or bank. The acquiring institution obtains the stock
of the converting institution in exchange for stock in the new, combined
institution that results from the merger. Account holders at the converting
mutual are given the opportunity to buy stock in the new, combined institution.
Merit Increase Decision System (MIDS) -- the agency-wide computer
program that helps OTS managers calculate employees' annual salary increases
and bonuses based on performance.
Metes and bounds -- measurements of property
contained in a deed by which the land location and its boundaries are defined
by directions and distances.
Metropolitan statistical area (MSA) -- a geographic unit
comprised of one or more counties around a central city or urbanized area with
50,000 or more population. Contiguous counties are included if they have close
social and economic links with the area's population nucleus. Also known as a
standard metropolitan statistical area (SMSA).
Microeconomics -- the study of economics
in terms of individual areas of activity, such as the economics of a firm, a
household, or of single economic components such as prices.
Military indulgence -- the protection against
foreclosure afforded by the Soldiers and Sailors Civil Relief Act to a
mortgagor who is about to enter or is in military service and whose ability to
make payments on a loan is affected by the military service.
Mill -- one tenth of one percent; a measure used to
state property tax rates.
Minimum gross yield -- the sum of the required
net yield and the required servicing spread in a Freddie Mac purchase contract.
Minimum servicing spread -- the minimum amount of
mortgage interest income to be retained by the originating lender
(seller/servicer) as compensation for servicing mortgages purchased in whole by
Freddie Mac.
Mint -- a facility where coins are manufactured.
Mobile home -- a movable, portable dwelling without
permanent foundation, designed for year-round living.
Mobile home loan -- a loan to finance the
purchase of a mobile home, secured by the lender's claim on the mobile home.
The loan may include funds for associated costs such as transportation of the
mobile home and setup on a new site.
Modification agreement -- a written agreement
between a financial institution and a borrower that changes one or more terms
of an existing mortgage loan such as the interest rate, number of years allowed
for repayment, or amount of monthly payment.
Modular house -- a residence assembled in
units or sections at a factory and transported to a building site where it is
erected on a foundation. The term does not include mobile homes.
Monetarist -- one who believes that changes in the
supply of money determine the course of a nation's economy.
Monetary asset -- money or a pledge to
receive a fixed amount of money without regard to future prices.
Monetary liability -- the promise to pay a
specified amount of money, the sum of which is unaffected by inflation or
deflation.
Money -- anything that is generally accepted as a medium
of exchange, such as currency or precious metals. See money stock.
money market -- the activity generated
by financial institutions that facilitate the purchase, sale, and transfer of
lendable funds in the form of short-term debt securities such as promissory
notes, collateral loans, and Treasury bills.
money market certificate -- a certificate of deposit
that when first authorized had a fixed maturity of six months and a $2,500
minimum deposit, with rates based on the weekly posting of average yields for
United States Treasury bills. With deregulation in the 1980s, federal
regulators now leave it up to each individual thrift institution to determine
the maturity and yield of this savings instrument.
Money market deposit account (MMDA) -- a savings account,
offered by financial institutions, that pays fluctuating market rates of
interest as long as the balance does not fall below a predetermined minimum.
Money market fund -- the combined money of
many individuals which is jointly invested in high yield financial instruments
including U.S. government securities, certificates of deposit, and commercial
paper. A money market fund is a mutual fund which strives to make a profit by
buying and selling various forms of money rather than buying and selling shares
of ownership in corporations.
Money order -- an instrument of exchange purchased for a
fee from the U.S. Postal Service or from a financial institution. The
instrument is an order to pay on demand a sum of money specified on the face of
the order to a party (the payee) named by the purchaser. Since the purchaser
has already paid the face amount of a money order to the issuer, the payee
presenting the order to an agent of the issuer is sure of collecting the funds.
Thus, money orders are easily converted to cash anywhere in the United States,
or anywhere the issuer has agents.
Money stock
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M1 -- the sum of currency
held by the public, plus travelers' checks, plus demand deposits, plus other
checkable deposits (i.e. negotiable order of withdrawal [NOW] accounts, and
automatic transfer service [ATS] accounts, and credit union share drafts.)
M2 -- Ml plus savings
accounts and small-denomination time deposits, plus shares in money market
mutual funds (other than those restricted to institutional investors), plus
overnight Eurodollars and repurchase agreements.
M3 -- M2 plus large
denomination time deposits at all depository institutions, large denomination
term repurchase agreements, and shares in money market mutual funds
restricted to institutional investors.
|
Monopoly -- control of the supply, distribution
and/or price of a commodity acquired by ownership, franchise or government
patent.
Monophony -- a market situation in which there is only
one buyer for an item.
Moot -- (1) of little or no practical value, meaning, or
consequence. (2) subject to discussion or argument. (3) doubtful, theoretical,
or hypothetical. (4) in law, an issue previously clarified by earlier cases or
decisions of the court.
Morris plan bank -- a bank that handle small
loans and consumer credit incorporating life insurance on the debtors.
Moratorium -- legal authorization to delay the
collection of a debt, or the temporary suspension of some other activity.
Mortgage -- a legal document by which real property
is pledged as security for the repayment of a loan; the pledge is canceled when
the debt is paid in full.
Mortgage-backed bonds -- bonds that are secured
by mortgages. Unlike mortgage-backed passthrough securities, mortgage-backed
bonds do not convey ownership of any portion of the underlying pool of
mortgages. However, mortgage-backed bonds do offer a more predictable maturity
and thus offer a form of call protection.
Mortgage-backed passthrough securities -- securities that convey
ownership of a fractional part of each mortgage in a pool of mortgages backing
the securities. Mortgage payments are sent to the issuer of the securities and
then passed through to those who bought the securities. Each security owner
shares proportionally the interest and principal payments generated by the
underlying pool of mortgages.
Mortgage banker -- an individual or firm
that primarily deals in mortgages as a broker, originating loans and then
selling the loans to investors.
Mortgage bond -- a bond secured by a
mortgage on real property.
Mortgage broker -- a firm or individual who
brings the borrower and lender together, receiving a commission if a sale
results.
Mortgage derivative -- any of several types of
securities that pay their investors with cash flows generated by the payments
of principal and interest to an underlying pool of mortgages. Mortgage
derivative products include collateralized mortgage obligations (CMOs), real
estate mortgage investment conduits (REMICs), stripped mortgage-backed
securities such as interest-only securities (IOs) and principal-only securities
(POs), and pass-through mortgage-backed securities with senior/subordinated
structures.
Mortgage discount -- the amount paid by the
borrower to increase the yield of a mortgage to the lender. Sometimes called
points, loan brokerage fee, or new loan fee. The discount is computed on the
amount of the loan, not the selling price of the property.
Mortgagee -- the institution, group or individual that
lends money secured by pledged real estate; the lender. See mortgagor.
Mortgage life insurance -- an insurance policy on
the life of a borrower that repays an outstanding mortgage debt upon the death
of the insured.
Mortgage loan -- an advance of funds from
a lender, called the mortgagee, to a borrower, called the mortgagor, secured by
real property and evidenced by a document called a mortgage. The mortgage sets
forth the conditions of the loan, the manner and duration of repayment, and
reserves to the mortgagee the right to repossess the pledged property if the
mortgagor fails to repay any portion of principal and interest.
Mortgage loans outstanding -- the total dollar amount
of money that is owed by mortgagors.
Mortgage note -- a written promise to
repay a specified sum of money plus interest at a specified rate. While the
mortgage itself pledges the title to real property as security for a loan, the
mortgage note states the amount of debt and the rate of interest, and makes the
borrower who sign's the note personally responsible for repayment.
Mortgage origination -- the making of a new
mortgage, including all steps taken by a lender to attract and qualify a
borrower, process the mortgage loan, and place it on the lender's books.
Mortgage participation -- the division of a
mortgage or pool of mortgages into units that are sold to one or more
investors, each of whom participates in receiving payments of principal and
interest.
Mortgage pool -- a group of mortgages
assembled to form the collateral for securities. Mortgage payments of principal
and interest into the pool are used to pay those who invest in the securities.
Mortgage portfolio -- the total of all mortgage
loans held by a lender or investor.
Mortgage revenue bonds -- tax exempt bonds issued
by state and local governments. Funds raised by the sale of the bonds are used
to finance home mortgages. Revenue from mortgage payments is used to repay the
bonds.
mortgage servicing -- the activity of keeping a
mortgage loan current, including collecting monthly mortgage payments,
forwarding principal and interest payments to the current mortgage holder (if
the loan has been sold), maintaining escrow accounts, paying taxes and
insurance premiums, and taking steps to collect overdue payments. Mortgage
servicing may be performed by the original lender, or the lender may sell the
right to service a mortgage to another company, which performs the service for
a fee. Some companies, including some savings associations, specialize in
servicing mortgages, both their own and those made by other lenders. The
original lender may sell the mortgage servicing rights to one company and sell
the mortgage itself to another company. See mortgage servicing rights. See
recourse servicing. See purchased mortgage servicing rights.
Mortgage servicing rights -- the right to service a
mortgage. See mortgage servicing.
Mortgage take back -- a mortgage loan issued by
the seller of the mortgaged property.
Mortgagor -- the owner of real estate who pledges the
property as security for the repayment of a debt; the borrower. See mortgagee.
Multifamily structure -- as defined in federal
government statistics, a structure containing more than four dwelling units.
Municipal bond -- a tax exempt debt
obligation issued by a state or local government agency to raise funds for the
public good, such as building low-income housing, improving streets or building
bridges. The bonds are redeemed with interest and are backed by the
government's taxing authority.
Muniment of title -- (1) anything that
protects or enforces a title. (2) written proof that aids an owner in defense
of title to a property. (3) deeds and contracts that show conclusive proof of
ownership.
Mutual association -- a savings association
structured so that its members, made up of depositors, and in some cases its
borrowers, have the right to elect the board of directors. A mutual association
does not issue capital stock, and thus, its members do not share in profits of
the association. See stock association.
Mutual capital certificate -- a long-term debt
security issued by a federal mutual savings association that is subordinated to
all other claims on assets, and is not covered by federal deposit insurance.
They could be counted as part of an institution's regulatory net worth, and
were authorized by federal regulators, who purchased the certificates, as a
temporary way of helping savings associations meet minimum regulatory net worth
requirements.
Mutual fund -- a financial corporation
that sells shares of its own stock and invests the funds thus raised in the
stock and securities of other corporations or in government securities.
Dividends paid to shareholders are based on the earnings of the securities held
by the fund, minus operating expenses. A mutual fund pools the funds of many
investors and provides professional management in investing those funds. Also
called an open-end investment company.
Mutual holding company -- a corporate structure
that combines elements of a mutual savings association, which is structured so
that its depositors, and in some cases its borrowers, have the right to elect
the board of directors, with elements of a stock savings and loan, which is
owned by its shareholders. In a mutual holding company setup, association
depositors have the right to elect directors of the mutual holding company,
which in turn holds a majority of the voting stock of its subsidiary savings
association. The balance of the thrift's stock can be sold to outside investors
to raise capital. Mutual holding companies were first authorized by the
Competitive Equality Banking Act of 1987 (CEBA). Those provisions were
clarified by Congress in the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (FIRREA).
Mutual savings bank -- a financial institution
chartered by state or federal government to: (1) provide a safe place for
individuals to save and (2) invest those savings in mortgages loans, stocks,
bonds and other securities. Most mutual savings banks are located in the
Northeast, and are owned by their depositors and borrowers. A mutual savings
bank does not issue capital stock. Profits are distributed to the
owner/customers in proportion to the business they do with the institution.
N
National Association of State Savings &
Loan Supervisors (NASS&LS) -- the former name of a national organization
representing state thrift institution regulators. It is now called the American
Council of State Savings Supervisors (ACSSS).
National Association of Securities Dealers
(NASD) -- a
private organization registered with the Securities Exchange Commission to
provide self-regulation of the over-the-counter (OTC) securities market. NASD
issues rules governing the practices of broker-dealer firms in the OTC market.
National Association of Securities Dealers
Automated Quotations (NASDAQ) -- an automated data network providing brokers and
dealers with price quotations on securities traded in the over-the-counter
market.
National Council of Community Bankers -- a former trade
organization of savings banks, savings and loans, cooperative banks and
commercial banks. The organization began using its name on September 13, 1991. Previously
it was called the National Council of Savings institutions, which was formed by
the November 1, 1983 merger of the National Savings and Loan League (founded in
1943) and the National Association of Mutual Savings Banks (founded in 1920).
On June 1, 1992, the National Council of Community Bankers merged with the
United States League of Savings Institutions to form the Savings &
Community Bankers of America.
National Credit Union Administration (NCUA) -- the federal agency that
charters, examines, supervises and insures federal credit unions. NCUA also
insures state-chartered credit unions that apply and qualify for deposit
insurance. In addition, the NCUA operates a central credit facility for member
credit unions.
National debt -- the debt owed by the
federal government.
Nationwide loan -- a mortgage loan on
improved real property located outside a lending institution's normal business
territory but within the United States, its territories or possessions.
Negative amortization -- the result of a mortgage
repayment plan in which the borrower makes payments that amount to less than
the interest due. Unpaid interest is then added to the outstanding loan
balance, causing the outstanding loan balance to increase instead of decrease.
Negative cash flow -- the situation in which
expenditures required to maintain an investment exceed income received on the
investment.
Negotiable -- able to be transferred or assigned, in
place of money, in the ordinary course of conducting business.
Negotiable instrument -- a written promise or
order signed by the maker to transfer a specified sum of money on demand or at
a fixed future time to the person named on the instrument or to the bearer. A
negotiable instrument is usually in the form of a check, draft, bill of
exchange, promissory note or acceptance.
Negotiable order of withdrawal (NOW) account -- a savings account with
characteristics of a checking account. An account holder can withdraw funds by
writing a negotiable order of withdrawal payable to a third party. NOW accounts
may earn interest. See Super NOW accounts.
Neighborhood Housing Services (NHS) programs -- programs aimed at halting
the further decline of neighborhoods that have begun to deteriorate. They are
based on a partnership of community residents, lenders, and local government.
NHS is administered by the Neighborhood Reinvestment Corporation.
Neighborhood Reinvestment Corporation -- was created by the
Housing and Community Development Act of 1978 to help establish locally run
self-help coalitions of business leaders, residents, and local government
officials, called Neighborhood Housing Services (NHS) programs, that encourage
communities to revitalize depressed urban neighborhoods and thus make home
financing more attractive in these areas.
Nest egg -- slang for money saved, often in a savings
account, in preparation for retirement or other significant use.
Net -- the amount remaining after certain deductions
have been made from the gross amount.
Net balance -- the amount of debt outstanding at a
particular time, after all refunds and adjustments have been calculated. It is
often called the payoff balance or net payoff.
Net income -- gross income less expenses, including
taxes and insurance, but before depreciation, additions to reserves or distribution
of earnings.
Net interest-earning assets -- the dollar amount of all
interest-earning assets minus the dollar amount of all interest costing
liabilities.
Net interest income -- see net interest margin.
Net interest margin -- interest income earned
on assets less interest expense paid on liabilities and capital. This is the
gross margin for financial institutions.
Net interest spread -- see net interest margin.
Net new savings -- new savings deposits
received by a thrift institution less withdrawals; does not include interest
credited.
Net operating income -- the net interest margin
less provisions for losses and operating expenses plus other operating income.
Net payoff -- see net balance.
net portfolio value (NPV) -- the present value of expected
cash inflows from existing assets, minus the present value of expected cash
outflows from existing liabilities, plus the present value of net expected cash
inflows from existing off-balance sheet contracts. Also called market value of
portfolio equity.
Net profit -- see net income.
Net realizable value -- a method of determining
the present value of a troubled asset to its present owner based on the
assumption that the asset will be held for a period of time and sold at some
future date. The present value includes future earnings the asset is expected
to generate, less the cost of owning, holding, developing and operating the
asset. To compensate for these costs, the asset's projected future net cash
flows are discounted using a formula that incorporates the cost of capital (the
cost of paying dividends and interest). Net realizable value, therefore, is
based on a formula incorporating what the asset must earn in order to pay for
its share of the costs of running the business. Net realizable value is one
accounting method used to calculate the present value of an asset (a loan) at
some point after the loan has become past due and book value is no longer
valid. See fair value.
Net rentable area -- the actual square
footage of a building that can be rented. Halls, lobbies, stairways, elevator
shafts, maintenance areas and the like are not included.
Net return -- the remainder left after total operational
expenses and interest payments are deducted from gross income.
Net savings inflow -- the change during a
given period of an institution's total savings account liability, determined by
adding all deposits and subtracting all withdrawals. Also referred to as net
savings gain or net savings receipts. When interest credited to accounts during
the period is excluded, the resulting total is referred to as net new savings.
See net new savings.
Net worth -- the value in dollars of all assets less
all liabilities. Net worth may be expressed as a dollar amount, or as a
percentage of either assets or liabilities, calculated by subtracting
liabilities from assets and dividing the remainder by assets or liabilities.
Net worth certificate -- an instrument authorized
by the Garn-St Germain Depository Institutions Act of 1982, to assist thrift
institutions in meeting minimum regulatory net worth requirements. A thrift
participating in the program issued net worth certificates to the former
Federal Savings and Loan Insurance Corporation (FSLIC) in return for the
FSLIC's promissory notes. The notes could be counted as part of the
institution's net worth. As the institution regained financial health, it
redeemed the net worth certificates by returning the FSLIC's promissory notes.
Net yield -- that part of gross yield that remains
after deduction of all costs, including servicing and reserves for losses.
New issue -- a stock or bond sold by a corporation for
the first time.
New town -- a new community built in an undeveloped
area, intended to be a self-governing, self-contained settlement, and
containing residential, commercial, industrial, and institutional facilities as
well as public and community facilities. Examples are Columbia, Maryland, and
Reston, Virginia.
New York Stock Exchange (NYSE) -- the oldest (founded
1792) and largest securities market in the United States.
No load fund -- a type of mutual fund
that does not charge a sales commission (load fee) when an investor buys shares
of the fund. See load fund.
Nominal interest rate -- the stated, or
contractual, interest rate in a loan agreement, bond or other security, which
may differ from the effective interest rate.
Nominee -- an official of a financial institution or
some other appointed agent to whom securities or other funds are transferred by
agreement with the actual owner. Nominees facilitate the collection and
distribution of income from securities (when such securities are held in the
name of a nominee), and facilitate the sale or purchase of securities when it
may be inconvenient or impractical to obtain the necessary signature of the
principal in order to conduct a transaction.
Nonamortized loan -- a loan in which the
periodic payments are sufficient to cover only the interest due and, thus, do
not reduce the outstanding principal.
Nonassumption clause -- a provision of a
mortgage contract that prohibits the assumption of the mortgage by a third
party without the prior approval of the lender. See due-on-sale clause.
Nonaccruing loan -- a loan that is more than
60 days past due with no payments being made, and that has stopped accruing
interest. See delinquent loan and past due loan.
Non-bank bank -- slang for a kind of
financial institution that in the 1980s did not meet the legal definition of a
commercial bank, and thus avoided the prohibition against branching across
state lines. It avoided being classified as a commercial bank by not engaging
in one of the two lines of business cited in the law to define commercial
banks; demand deposits or commercial loans. It may have offered a range of bank
services but engaged in only one of the two activities that legally defined a
commercial bank. The non-bank bank loophole was closed by the Competitive
Equality Banking Act of 1987.
non compos mentis -- Latin for the condition
of an individual not possessing sufficient understanding to comprehend the nature,
extent and meaning of his or her obligations or contracts.
Nonconforming land use -- real property being used
in a manner not otherwise permitted by the zoning for the property. The land
use is permitted to continue because the land was being used in such a fashion
before the zoning ordinance was passed.
Nonconforming loan -- a loan with an unpaid
principal balance or an unexpired term that exceeds lending limitations
established by the principal purchasers and guarantors of the secondary
mortgage market; the Federal Home Loan Mortgage Corporation, and the Federal
National Mortgage Association.
Noncurrent loan -- a loan in which payments
have fallen behind schedule.
Nondepository financial institution -- a company that deals in
financial instruments but does not accept deposits. Examples are insurance
companies and brokerage firms.
Nondisturbance clause -- an agreement that
permits a tenant holding a lease to remain in possession of a property despite
any foreclosure against the owner(s) of the property.
nonfiling insurance -- a type of private
insurance that thrift institutions purchase to insure against a loss resulting
from unintentional errors or omissions in the filing or recording of a security
interest.
Noninterest expense -- the sum of personnel
compensation, legal expense, office occupancy and equipment expense, other
noninterest expense and loan loss provisions.
Noninterest income -- the sum of mortgage loan
servicing fees and other fees and charges, profit (loss) from asset sales, leasing
income, and other noninterest income.
Nonmortgage loan -- an advance of funds not
secured by a real estate mortgage.
Nonoperating expenses -- the outlays and losses of
a savings association that are nonrecurring in nature and that do not result
from the ordinary savings and lending operations of the institution. These
include the expense of maintaining real estate owned or a loss taken on the
sale of a nonmortgage investment; also called nonrecurring expense.
Nonoperating income -- the profit and revenue
of a savings association that are nonrecurring in nature and that do not result
from the ordinary savings and lending operations of the institution. These
include profit on the sale of real estate owned or other nonmortgage
investment.
Nonpayment -- the failure to pay as agreed.
Nonperformance -- the failure of a
contracting party to provide goods or services according to terms of an
agreement.
nonperforming loan -- a loan that is not
earning income and: (1) full payment of principal and interest is no longer
anticipated, (2) principal or interest is 90 days or more delinquent, or (3)
the maturity date has passed and payment in full has not been made.
Nonrecourse loan -- a type of loan in which
the only remedy available to the lender in the event of the borrower's default
is to foreclose on the collateral; the borrower is not personally liable for
repayment.
Nonrecurring charge -- an cost, expense, or
involuntary loss that is not likely to occur again.
Nonresidential mortgage loan -- a mortgage loan secured
by nonresidential property such as an office building, store, factory, or
church.
No-par stock -- a stock with no
designated face value.
North American Securities Administrators
Association (NASAA) -- an organization made up of state and provincial securities
regulators from all 50 states and Canada.
Notary public -- a public figure
authorized to attest to the signing of documents, such as deeds or mortgages.
The notary public certifies that he or she has witnessed the signing of the
document by also signing the document and affixing his or her official seal.
notational voting -- a procedure in which
matters to be decided are circulated among those eligible to vote, each of whom
in turn indicates approval or disapproval by making a notation on the document
being circulated.
Note -- an instrument bearing legal evidence of debt. A
note is signed by the maker (borrower) and promises to pay a specified sum of
money to the lender at a certain future date and place.
Notice account -- a savings account on
which the customer agrees to give the thrift institution a specified notice
before making a withdrawal, usually in return for higher interest rates. A
penalty may be imposed by the institution for a withdrawal made without the
agreed upon notice.
Notice of commencement -- a document used in some
states and recorded after a construction loan mortgage has been recorded. All
mechanics' liens relate back to the date the notice of commencement was
recorded, thus enabling the construction mortgage to remain a first lien, not
subordinated to any labor or supplier claim for nonpayment of bills.
Notice of completion -- a legal notice recorded
after completion of construction. Mechanics' liens must be filed within a
specified period thereafter.
Notional principal -- the amount of principal
underlying an interest rate swap transaction, and upon which is based the
calculation of swap payments.
Novation -- (1) the substitution of a new debt or
obligation for a previous one. (2) the substitution of a new creditor or debtor
for an old creditor or debtor.
NOW accounts -- see negotiable order of
withdrawal accounts.
O
Obligation -- the requirement imposed on a debtor to pay
a debt and the legal right of a creditor to enforce payment.
Obligee -- a creditor.
Obligor -- a debtor.
Obsolescence -- the loss of value or
usefulness usually over a period of time, because of wear, changing technology
or user preference.
Occupancy rate -- the percentage of space
or units that are leased or occupied.
Odd lot -- a block of shares of less than a round
lot, usually traded at one time. (A round lot is a multiple of 100.)
Off-balance sheet activities -- the business activities
of a savings association that generally do not involve booking assets (loans)
and taking deposits. Off-balance sheet activities normally generate fees, but
produce liabilities or assets that are deferred or contingent and thus, under
GAAP, do not appear on the institution's balance sheet until or unless they
become actual assets or liabilities with a value or cost that can be
determined. Examples include guarantees substituting the institution's own
credit for a third party such as in standby letters of credit; interest rate
swaps; foreign exchange forward options; repurchase agreements; loan
commitments; and recourse associated with sales of assets.
Offer -- an expression of a willingness to sell something
at a given price; opposite of bid.
Offering -- an issue of securities or bonds presented
for sale.
Office of the Comptroller of the Currency
(OCC) -- see
Comptroller of the Currency.
Office of Federal Housing Enterprise
Oversight (OFHEO) -- a government agency responsible for ensuring the financial safety
and soundness of the nation's two largest players in the secondary mortgage
market, the Federal National Mortgage Association (Fannie Mae) and the Federal
Home Loan Mortgage Corporation (Freddie Mac). OFHEO is an independent office of
the Department of Housing and Urban Development, and was established by the
Federal Housing Enterprises Financial Safety and Soundness Act of 1992.
Office of Financial Institution Adjudication
(OFIA) --
an office that houses administrative law judges who conduct adjudicatory
hearings for the federal financial institution regulatory agencies: the Office
of Thrift Supervision, the Office of the Comptroller of the Currency, the
Federal Deposit Insurance Corporation, the Board of Governors of the Federal
Reserve System, and the National Credit Union Administration. OFIA is housed at
the Office of Thrift Supervision.
Office of Thrift Supervision (OTS) -- a bureau of the Treasury
Department that was authorized by Congress in the Financial Institutions
Reform, Recovery and Enforcement Act of 1989, to charter, regulate, examine and
supervise savings institutions.
offsite improvements -- improvements in land
development that are off the development site, such as utility lines,
sidewalks, gutters and curbs, that enhance the value of the development.
On account -- describes the application of a payment to reduce the
outstanding principal of a loan.
On margin -- the situation in which an investor borrows
part of the purchase price of a security from the broker selling that security.
Onsite improvements -- any construction of
buildings or other improvements within the boundaries of a property that
increases the value of the property.
On-us checks -- a depositor's check that
is presented for payment at the same financial institution that carries the
account on which the check is written. A financial institution would use the term to refer to
checks drawn on accounts it holds and presented for payment at its counter.
Open-end credit -- a consumer line of
credit that may be used repeatedly up to an established overall limit. Commonly
known as revolving credit or a charge account, in which the customer may pay in
full or in installments that include a finance charge. The term does not
include negotiated advances under an open-end real estate mortgage or a letter
of credit.
Open-end investment company -- see mutual fund.
Open-end lease -- a lease that requires a
balloon payment based on the value of the leased property when the lease
expires.
Open-end mortgage clause -- a provision in mortgage
contracts in some states, that declares the mortgaged real estate may be used
as security for future additional advances from the original lender, if the
lender and borrower agree. All subsequent advances under this clause represent
a claim on the property dating back to the time of recording the original
mortgage.
open market operations -- purchases and sales of
government and certain other securities in the open market by the New York
Federal Reserve Bank as directed by the Federal Open Market Committee, in order
to influence the volume of money and credit in the economy. Purchases of
government securities inject reserves into the depository system and foster
expansion in money and credit; sales have the opposite effect. Open market
operations are the Federal Reserve's most important and flexible monetary
policy tool.
Open mortgage -- a mortgage loan that can
be paid off, without penalty, at any time prior to maturity.
Operating budget -- a detailed projection of
all estimated income and expenses during a given future period.
Operating capital -- funds available for use
in financing the day-to-day activities of a business.
Operating expenses -- charges incurred as a
result of the customary savings and lending business of a thrift institution,
not including interest on borrowed money, interest paid to depositors, nor
taxes. Operating expenses include such items as salaries and related
compensation costs, office space, furniture, fixtures and equipment,
advertising, deposit insurance premiums, and professional and supervisory fees.
Operating income -- for thrift institutions,
income generated by the customary lending and deposit taking business of an
association; sometimes called gross operating income. Major operating income
items include interest earned on loans, loan fees and charges, net income from
service corporations and subsidiaries, stock dividends received and earnings on
reserves.
Operating subsidiary -- a subsidiary of a
federally chartered savings institution that engages only in activities
permitted the parent thrift institution. Unlike service corporations, the stock
of operating subsidiaries may be sold to non-thrift investors. See service
corporations.
Opportunity cost -- the difference between
the yield that funds earn in one use and the yield they could have earned had
they been placed in an alternative investment generating the highest yield
available.
Option -- an agreement granting the right to buy or
sell property, or to use it in some fashion, for a stated price within a stated
period of time. In investments, an option refers to a contract granting the
right to buy or sell a security or a commodity at a set price within a
stipulated time.
Option day -- the specified date when an option expires
unless it is exercised.
Optional delivery -- a mortgage loan purchase
program offered by the Federal Home Loan Mortgage Corporation in which the
seller/servicer may decide not to deliver the loans and thus not consummate the
sale.
Ordinary income -- income subject to
taxation at full or ordinary rates rather than at favorable capital gains
rates.
Original face -- the original principal
amount, or face value, of a mortgage-backed security.
Originate a loan -- to make or issue a loan;
the process whereby a lender qualifies a borrower, appraises the collateral,
processes all documents, advances funds and places the loan on the books.
Origination fee -- a charge imposed by a
lender for the evaluation, preparation and processing of loan applications.
Outgo -- slang referring to any expense or cost.
Out of the money -- the situation in which
the fixed price of an option turns out to be a less favorable price than that
currently available in the market, resulting in a loss for the investor. The
holder of an option to sell a security is out of the money when the option
price is lower than the market price. Conversely, the holder of an option to
buy is out of the money when the option price is higher than the market price.
Outstanding check -- a check that has not yet
been presented for payment to the financial institution on which it was drawn.
Outstanding debt -- that portion of a debt
which remains unpaid. Outstanding loan balance refers to that portion of
principal that has not been repaid.
Overdraft -- a draft or check written for an amount
that exceeds the funds in the account on which the check is drawn.
Overdraft protection -- a line of credit that is
activated when a customer writes a check that totals more than the funds in his
or her checking account. With overdraft protection, the institution on which
the check is drawn automatically loans money to the checking account when an overdraft
situation occurs.
Overdue -- the status of a payment that is late and
not yet paid.
Overhead -- the cost of equipment, materials and
services that are necessary to conduct business but are unrelated to the
products or services the firm offers.
Overnight money -- any money that replaces
daily. It generally refers to funds that are loaned by one institution to
another overnight, including but not limited to the federal funds market.
Over the counter -- the buying and selling
of securities that are not listed on an organized exchange. Trading is handled
by dealers through negotiation rather than through the use of a stock
exchange's auction system.
Overzoned -- the zoning of real property to permit
development that exceeds the practical present highest and best use of the
land.
Owe -- to be obligated to pay something to someone in
return for value received.
Owner-occupant -- a property owner who
occupies his or her property, as distinguished from an absentee landlord or
owner.
Ownership -- the state of holding a lawful claim or
title to property.
P
Package provision -- an optional mortgage
clause that allows the borrower to finance chattels such as major household
appliances, carpeting, drapery and equipment under the original home mortgage
and make a single monthly payment for the entire package.
Paper profit -- an increase in the value
of property or a security still held. Paper profits become realized profits
only when the property or security is sold.
Par -- the situation in which the face value of a
security equals its actual selling price: sold "at par."
Parity -- equality in amount, status or character.
In futures trading, it is the situation in which cash and futures contracts are
selling at equivalent yields.
Parity clause -- a provision in a mortgage
contract stating that all notes are equally secured and that no holder of the
collateral will receive preferential treatment in the event of default or
foreclosure.
Partially amortizing loan -- a loan in which the
periodic payments cover all of the interest charges but only part of the
principal, therefore leaving an unpaid principal balance when the loan matures.
Participation -- (1) ownership by two or
more lenders or investors of all or a portion of a single mortgage or a package
of mortgages. (2) the cooperative origination by two or more lenders of a
single (usually large) mortgage loan.
Participation certificate (PC) -- a document setting forth
the description of a package of loans and the share of the package that is
being bought or sold.
Participation loan -- a loan made or owned by
more than one lender; the joint investors share profits and losses in
proportion to how much of the loan each owns.
partnership -- a form of business organization in which
two or more persons join in a business or commercial enterprise, sharing
profits, risks and losses according to the terms set forth in their partnership
contract.
Party wall -- a wall built on a line between two
adjoining properties and used by both owners.
Par value -- (1) the value assigned to a share of stock
by the issuer at the time the stock is first offered for sale. The par value
may be more or less than the market value. (2) the value of a bond or note at
maturity. (3) the face value of a security.
Passbook -- a small book in ledger form in which are
recorded all deposits, withdrawals and earnings of a customer's savings
account.
Passbook account -- a savings account that
normally requires no minimum balance, no minimum term, no specified frequency
of deposits, and no notice or penalty for withdrawals. Passbook accounts, once
the most widely used form of thrift savings account, have been largely replaced
by statement accounts that provide a monthly statement mailed to the depositor.
Passbook loan -- a loan secured by funds
in a savings account on deposit with the same institution originating the loan. The pledged
funds may not be withdrawn during the life of the loan.
Pass-through security -- a security granting the
holder an interest in a pool of mortgages. A portion of the payments of
principal and interest from the underlying mortgages are passed through to the
holder of the security.
Past due -- the status of a scheduled loan payment
that has not been paid on time.
Past due loan -- a loan on which payment
in full is 30 to 60 days past due, but partial payments are being made. See
delinquent loan and nonaccruing loan.
Patent -- in real estate, a patent is the original
document issued for the purpose of granting public land to an individual.
Pay -- to compensate, reimburse, or satisfy an
obligation by giving over something of value, such as money.
Payables -- a bookkeeping term for the costs of purchases or
other obligations made but not yet paid.
Payee -- the person or organization to whom a check,
draft, or note is payable. The payee's name follows the words: "Pay to the
order of."
Payer -- the person or organization who is responsible
for paying the amount stated on the face of a negotiable instrument.
Payment -- that which is paid. The sum of money or
other item(s) of value that is transferred from one party to another.
Payoff -- the complete repayment of loan principal,
interest and any other sums due; payoff occurs either over the scheduled full
term of the loan, or through one or more prepayments.
Payoff statement -- a document prepared when
a loan payoff is being considered. It shows the current status of the loan
account, all sums due and the daily rate of interest. Also referred to as a
letter of demand.
Penalty clause -- (1) a provision in a
promissory note specifying a penalty for late payments. (2) a clause in a
savings certificate specifying a penalty for premature withdrawal of funds.
Penny stocks -- low-priced issues, often
highly speculative, selling at less than $1 a share.
Pension fund -- a fund set up to collect
regular premiums from employees and their employers, invest those funds safely
and profitably, and pay out a monthly income to employees who reach a specified
age and retire.
Percentage interest margin -- a ratio that compares
the net interest margin to total assets.
Percolation test -- a test given to soil to
determine the soil's water seepage capacity, when the use of a septic tank is
contemplated.
Perfecting a title -- the elimination of any
claims against a title.
Performance bond -- a bond issued to
guarantee performance of certain specified acts, such as the completion of
construction of a property.
Performance code -- a building code that
specifies construction requirements according to performance criteria rather
than to specific building materials, products, or methods of construction. See
specification code, and prescriptive code.
Performing loan -- a loan on which payments of
principal and interest are less than 90 days past due.
Period certain -- a predetermined amount
of time during which a participant receives allowable distributions from an
IRA. A period certain may be any length of time so long as the period is less
than the participant's life expectancy. The longer the period of payments, the
less each payment amounts to.
Period of redemption -- the period of time
during which a mortgagor may reclaim the title and possession of his or her
property by paying the debt the property secures.
Permanent lender -- a lender that provides
long-term financing for projects after construction has been completed.
Permanent loan -- a long-term loan of not
less than 10 years that is fully amortized and made to purchase, rather than to
construct, real property.
Perpetual preferred stock -- preferred stock that has
no fixed maturity date and that cannot be redeemed at the option of the holder.
Cumulative perpetual preferred stock accumulates dividends from one dividend
period to the next.
Personal check -- a check drawn on a
depository institution by an individual against the individual's own funds.
Personal identification number (PIN) -- a number or code used by
an account holder in conjunction with a credit or debit card to verify the
user's identity to an automated teller machine.
Personal loan -- an unsecured loan usually
made for the purpose of debt consolidation, vacation or the purchase of durable
goods. Also called a signature loan.
Personal property -- any property that is not
real property. While state laws vary on the definition of personal property, it
is generally thought of as the movable items that a person owns. They can be
tangible, such as furniture and other merchandise, or intangible, such as
stocks and bonds.
Pipeline -- an expression referring to loan
applications in process up until closing or until the mortgage is sold. What's
in the pipeline is taken into account when analyzing mortgage loan inventory
and commitments on new mortgages.
PITI -- stands for principal, interest, taxes and
insurance. These elements generally are included in the borrower's monthly loan
payment.
Planned amortization class -- see collateralized
mortgage obligation.
Planned unit development (PUD) -- a type of residential,
commercial, or industrial land development that provides more planning
flexibility than traditional zoning and lot layout. Buildings are often
clustered on smaller lots, permitting the preservation of natural features in
common areas or open park-like areas. The development maintains the same or
slightly greater density than is permitted by conventional zoning methods.
Individual properties are owned in fee with the common areas owned jointly or
deeded to the local government.
Plat -- a map that shows land subdivided into lots with
streets, boundaries, easements and dimensions drawn to scale.
Pledged account mortgage (PAM) -- a type of mortgage loan
in which the borrower's payments are supplemented by payments from a savings
account pledged as additional collateral for the loan. The savings account is
established with part of the down payment.
Pledged loan -- a mortgage loan that has
been identified and set aside as security for borrowing by the holder of the
mortgage; particularly a loan that has been pledged as security for an advance
from a Federal Home Loan Bank.
Point -- an amount equal to one percent of the principal
amount of an investment or a loan. Points are a one time charge assessed at
closing by the lender to increase the lender's earnings on mortgage loans.
Ponzi scheme -- an operation intended to
defraud investors in which no new wealth is produced and creditors are paid off
by borrowing ever larger amounts from new investors.
Pool -- a large group of mortgages that back a mortgage
security.
Portfolio -- all of the income-producing assets held
by an individual or institution, such as the income-earning securities and
mortgage loans of a savings institution.
Position -- a market commitment to go long (buy) or
short (sell) a security or commodity. It also refers to the amount of
securities or commodities owned (long position) or owed (short position).
Postal money order -- an instrument, like a
check, sold by United States post offices providing for the payment of a
specified sum of money to the individual or firm designated by the purchaser of
the money order.
Posting -- the process of transferring journal
entries to the general ledger.
Power of attorney -- a document that
authorizes one person to legally act as the agent for, or in place of, another
person in performing various actions under specified conditions. Full power may
be granted, or authority may be limited to certain functions.
Preexisting use -- a land use that existed
prior to and does not comply with a newly established zoning classification.
See nonconforming land use.
Preauthorized payment -- a system established by
a written agreement under which a financial institution is authorized by the
customer to debit the customer's account in order to pay bills or make loan
payments.
Prefabricated housing -- housing with structural
or mechanical components manufactured and assembled away from the construction
site.
Preferred debt -- any obligation that has
precedence over another debt. A senior or first mortgage is an example of a
preferred debt.
Preferred stock -- a stock that yields a
fixed-dollar income. The stock represents equity, or ownership, in the company
but generally carries no voting rights. The stockholder has a claim to the
issuing firm's earnings and assets ahead of the holder of common stock, but
behind the holder of a bond.
Preliminary examination response kit (PERK) -- a package sent by OTS to
a financial institution prior to the start of an on-site examination. The
package contains forms and instructions to the institution for gathering
various information and documents. The PERK also indicates the expected date of
the examination, requests that the institution arrange various logistics
details and asks the institution to have basic information ready for the
arrival of the examination staff. Also called the advance package.
Premium -- (1) the amount, often stated as a percentage,
paid in addition to the face value of a note or bond. (2) a fee charged for the
granting of a loan. (3) the price paid for an insurance contract. (4) a product
given free or sold at discount, offered as an inducement to the public to open
or add to a savings account, or to purchase other specified products or
services.
Prepayment -- a payment made before its scheduled due
date.
Prepayment clause -- a provision in a
promissory note stating the amount a borrower may repay ahead of schedule
without incurring a penalty.
Prepayment penalty -- a fee assessed by a
lender on a borrower who repays all or part of the principal of a loan before
it is due. The prepayment penalty compensates the lender for the loss of
interest that would have been earned had the loan remained in effect for its
full term.
Prescriptive code -- a building code that
specifies construction requirements according to particular materials and
construction methods, rather than to performance criteria. Same as a
specification code. See performance code.
Present value cost -- the cost in currently
valued dollars of funds to be expended over a period of time, usually a number
of years, less the net of any funds to be repaid. It is adjusted to compensate
for the loss or gain of the opportunity to invest the funds rather than spend
them -- that is, compensate for the dollars' estimated earning potential in
alternative uses. For example, the present value cost is reduced by the amount
of income the funds are expected to earn until they are disbursed and increased
to compensate for the loss of earnings thereafter, or until such time as the
funds are repaid. Present value cost is used by federal regulators to estimate
the impact on the thrift insurance fund of alternative solutions to troubled thrift
institutions.
Preservation of capital -- one of several objectives
of investing, the goal being to prevent the loss of any capital invested by
avoiding high-risk investments.
Price -- the amount of money a seller receives for the
goods or services sold. Price is the amount of money actually received by the
seller, not necessarily the amount originally asked for. In the buying and
selling of bonds and mortgages, price represents the difference -- expressed as
a percentage -- between the amount paid for an instrument and the face value of
that instrument. For example, if sold at par, the price is 100 percent of the
face value; a premium price could be 105 percent; and a discount price could be
95 percent of face value.
Price-level-adjusted mortgage (PLAM) -- a form of home loan in
which payments are adjusted for inflation not by changing the interest rate but
by changing the amount of outstanding principal. The loan is fully amortized,
meaning the principal is repaid in a fixed number of years. Initial payments
are low because the real rate of interest -- typically between 3 and five
percent -- does not include a factor for inflation. Instead, inflation or
deflation increases or decreases the amount of outstanding principal, and
correspondingly, the amount of the monthly payment. The payment is adjusted
each month based on a predetermined index, such as the Consumer Price Index. It
is assumed that the value of the home and the borrower's income increases or
decreases in tandem with fluctuations in the amount of unpaid principal. A PLAM
offers monthly payments that are substantially lower and less volatile than
mortgages with adjustable interest rates, while assuring the lender will be
repaid all the principal, plus interest, plus whatever inflation eats away.
Prima facie -- at first view; that which
appears to be true and is accepted as being true as long as contrary evidence
is not detected.
Primary dealer -- a securities firm that
makes a market in government debt securities, acting as a principal in the
trades. Federal Home Loan Bank System discount notes are sold through a group
of primary dealers.
Primary market -- the market in which
lenders make mortgage loans directly to borrowers, as opposed to the secondary
market in which the original lenders sell those mortgage loans to investors.
Prime rate -- the interest rate charged by leading banks
to their best, most secure customers. It tends to be a yardstick for general
trends in interest rates.
Principal -- (1) the capital sum of a loan. The amount
of borrowed funds to be repaid. (2) an individual or firm buying or selling for
his (her/its) own account.
Principal balance -- the portion of a loan
not yet repaid, exclusive of interest or other charges.
principal basis -- the sale of securities
through a dealer or group of dealers who buy and sell the securities at least
initially for their own portfolios, assuming the market risk of holding the
securities, and then selling the securities from their own inventory to their
customers at a markup. See agency basis.
Principal office -- see home office.
Principal only (PO) -- see stripped
mortgage-backed securities.
Prior lien -- a mortgage that ranks ahead of another.
Private enterprise -- an economy in which the
production of goods and services is carried out by businesses owned and
operated by people risking their investment of capital and/or labor in the hope
of making a profit.
Private mortgage insurance (PMI) -- insurance policies
written by private companies insuring lenders against loss resulting from
defaults on mortgages.
private placement -- the sale of a debt
security to one buyer or a few buyers, as opposed to offering the security to
the public through a group of dealers. See direct placement.
Private sector -- that portion of the
economy composed of businesses and households, and excluding government. See
public sector.
probate -- the process of proving before a court of
law that a document offered for official recognition as the last will and
testament of a deceased person is genuine and the process of determining and
resolving all issues concerning the will.
Problem institution -- a savings association or
savings bank that: (1) is subject to special regulatory controls or
restrictions; (2) poses particular supervisory concerns to its federal or state
regulator; (3) fails to meet its regulatory capital requirement; and/or has a
composite MACRO rating of 4 or 5.
Profit -- the excess of income over all costs and
expenses.
Profit and loss statement -- a summary listing a
firm's total revenues and expenses within a specified period of time.
Synonymous with income and expense statement.
profit center accounting -- a method of accounting
that identifies various segments of a business that are responsible for both
revenues and expenses, as a way of measuring each segment's contribution to the
profit of the company as a whole.
Pro forma statement -- from Latin meaning
"according to form." A pro forma statement is a financial statement
projecting anticipated income, expenses and cash flow for some specified future
period.
Program trading -- computer-triggered,
simultaneous buying and selling of securities in different exchanges to take
advantage of price differences in two or more markets.
Progress payment -- see draw.
Promissory note -- a written promise to pay
a stipulated sum of money to a specified party under conditions mutually agreed
upon. Also called a note, promise, or bond.
Property -- something that is owned or possessed.
Property may be real (land), personal, tangible (touchable), or intangible
(such as the interest in a play or other creative work).
Property assessment -- the determination of the
value of real property upon which taxes will be imposed.
Pro rata -- Latin, meaning "according to the
rate." Pro rata refers to dividing something (costs, income, profits,
assessments, proceeds from a liquidation, etc.) among participants according to
a rate in which each participant's share is in proportion to the part of the
whole owned or claimed by the participant.
Prorate -- to allocate between two or more parties,
the proportionate share of each. For example, the payment of property taxes or
insurance premiums may be prorated between buyer and seller.
Prospectus -- a written offer to sell property or a
security, providing a detailed description of what is being sold, including its
characteristics and quality.
Proxy -- (l) the authority or power to act for another.
(2) a document giving such authority. (3) The person authorized to act for
another.
Public sector -- that portion of the
economy composed of all levels of government, and excluding businesses and
households. See private sector.
PUD -- see planned unit development.
Punch list -- a record of incomplete or unsatisfactory
construction items covered by a contract, usually prepared by an architect or
engineer, before certifying project completion.
Purchase accounting -- a method of accounting
when one enterprise is acquired by another. The surviving enterprise records as
its cost the market value of the acquired assets less liabilities assumed. The
difference between that market value and the total price paid is recorded as an
asset called goodwill. See goodwill.
Purchase agreement -- a signed document
stating the purchaser's agreement to buy and the seller's agreement to sell a
specified property under stated terms and conditions.
Purchased credit card relationships (PCCR) -- the premium paid to
acquire established credit card accounts from a financial institution. Buyers
pay a premium over the dollar value of the credit card accounts themselves in
order to acquire the customer loyalty in an established line of business. The
premium is listed on the books as an intangible asset.
Purchased mortgage servicing rights (PMSR) -- the right, acquired from
another, to service a mortgage and collect a fee. The value of that right is
listed on the books as an intangible asset. See mortgage servicing.
Purchase-money mortgage -- a mortgage given to the
seller, with the mortgage constituting all or part of the compensation received
for the sale of property. Such a mortgage is used when the seller is also the
lender. Most purchase-money mortgages are one or two years in length or, in
some cases, up to five years.
Purchase option -- a clause in a lease
granting the lessee an option to purchase the leased property on or before the
lease termination date, usually at a specified price.
Purchasing power -- the value of money measured
by the amount of goods and services it can buy.
Put -- a contract giving the holder the right to sell a
specific security at a specified price during a designated period. A put is
purchased by someone who thinks the price of the underlying security will go
down and who wants to lock in a higher selling price. Opposite of call.
Q
Quadrominium -- a four-unit condominium.
Quadroplex -- a structure containing four dwelling units
with shared walls. Ownership of each unit may be fee simple or as a
condominium.
Qualified opinion -- an opinion issued by an
independent auditor when the scope of the audit has been restricted in some
manner or the financial records have departed from generally accepted
accounting principles (GAAP). See adverse opinion.
Qualified thrift investment (QTI) -- housing-related assets
that a savings institution can count toward meeting its qualified thrift lender
test.
Qualified thrift lender (QTL) -- a savings institution
that qualifies for low cost advances from its Federal Home Loan Bank and/or
qualifies for federal tax benefits by virtue of having at least a certain
percentage of its assets in housing-related investments. Traditionally, the
minimum has ranged between 60 and 70 percent of assets. See actual thrift
investment percentage. See qualified thrift investment.
Quarter -- a United States coin equal to 25 cents or
one-fourth of a dollar.
Quitclaim deed -- a document by which the
owner of real estate conveys to another the owner's legal right to, interest in
and title to a property, but which contains no warranty or statement regarding
claims, if any, that others might have in the property.
Quick take -- the acquisition by government of private
real property under the power of eminent domain, prior to the completion of
condemnation proceedings, in order to avoid loss of time.
Quiet title action -- a legal process to
eliminate any claims against a property by persons other than the owner. The
procedure is used to perfect the title to the property when quitclaim deeds can
not be obtained from those who may have such claims on the property.
Quotation (quote) -- the highest bid to buy
and the lowest bid to sell a security in a given market at a given time. A
quotation might be, for example, "32 1/4 to 32 1/2" meaning that
$32.25 is the highest price any buyer wanted to pay at the time the quote was
given and $32.50 was the lowest price any seller would take at the same time,
in the same exchange.
R
Range bonds -- bonds that stop paying an
investor when the bond's reference rate is higher or lower than a predetermined
range on an established index. The bonds pay an above-market coupon rate as
long as the reference rate falls within the range. For example, if LIBOR is the
index, a range bond might pay LIBOR plus 75 basis points for each day LIBOR is
between 3.5 and 5 percent. When LIBOR is less than 3.5 percent or more than 5
percent, the bond accrues no interest. A range bond is a type of structured
note.
Rate intermediation -- borrowing funds at
short-term interest rates and lending the funds at longer term fixed rates.
Rate of exchange -- the amount of currency of
one nation that may be purchased on a specific date with a specified amount of
the currency of another nation.
Rate of return -- the measure of
profitability of an investment. It measures the income that may be obtained
from an investment against its purchase price, or its current market price. The
rate of return refers to either the yield to maturity on a bond or the current
income return of an investment such as a security. Also known as return on
investment (ROA), or yield.
Rate-sensitive -- describes a deposit
account or security investment for which changes in its interest rate produce
wide fluctuations in its supply and/or demand.
Rating -- in securities trading, a formal opinion given by
an independent, professional service on the credit standing of the issuer of a
bond and on the investment quality of the security. The opinion is normally
expressed in letters: AAA, Baa-l, etc.
Raw land -- land in its natural state, with no
man-made improvements such as grading, sewers, roads or buildings.
Reaffirmation agreement -- an agreement that
reinstates a previous debt after bankruptcy proceedings are completed.
Real accounts -- the accounts: asset,
liability, reserve and capital -- whose balances are not canceled out at the
end of an accounting period, but are carried over to the next period. These
accounts appear on the post-closing trial balance and the statement of
condition (balance sheet). Also called permanent accounts.
Real assets -- tangible assets in contrast to financial
assets or securities. Real assets include real estate, land, gold, coins,
stamps, art, and antiques.
Real estate -- land and all physical property on, below
or attached to the land. Houses, sewers, trees and fences are all real estate.
Real estate investment trust (REIT) -- an investment vehicle
established for the benefit of a group of real estate investors. A REIT is an
unincorporated trust or association, managed by one or more trustees who hold
title to the assets of the trust and control its acquisitions and investments.
Real estate investments commonly include office buildings, apartment houses and
shopping centers.
Real estate mortgage investment conduit
(REMIC) --
a entity through which an issuer can sell multiple class securities with call
protection to investors. A REMIC may be a corporation, trust, association, or
partnership, but in order to qualify, it must confine its investments to
mortgages, cash, government securities, foreclosure property acquired in
connection with imminent default of a mortgage, or other REMICs. Typically, a
REMIC invests in a pool of mortgages, and sells interests in those mortgages
through securities with one or more senior classes and a subordinated class
that assumes the credit risk of defaults and delinquencies. This creates a form
of self-insurance that increases the investment ratings for the senior
securities. A REMIC does not keep its mortgage assets on its books, but sells
them to investors through its securities.
Real estate owned (REO) -- real estate owned by a
savings institution as the result of default by borrowers and subsequent
foreclosure by the institution.
Real property -- all immovable property
such as land and the buildings or other objects permanently affixed to the
land.
Realtor -- a real estate agent or broker who is a
member of the National Association of Realtors, formerly the National
Association of Real Estate Boards.
Receipt -- a written acknowledgment that something
of value was received.
Receivables -- a bookkeeping term for amounts of revenue
contracted for but not yet received.
Receiver -- a party appointed by a court or
regulatory agency to manage property subject to litigation, or the property and
affairs of a bankrupt person or institution. The receiver maintains and manages
the property in the interest of lenders or creditors until a final disposition
of the property is made.
Receivership -- the state of being under
the administration of a receiver. A receivership removes the institution or
company in receivership from its owners, who lose their equity. Since a
receivership ends the corporate existence of an institution or company, it
stops the payment of stock dividends and interest on debt. See conservatorship.
Recession -- a period of reduced economic activity
during which the level of unemployment rises, production slows, and general
prosperity lags.
Reconciliation -- the process of analyzing
two related records and, if differences exist between them, finding the cause
and bringing the two records into agreement. A common example of reconciliation
is the comparison of an up-to-date check book with a monthly statement from the
financial institution holding the account.
Reconveyance -- the transfer of the
title of property from the current owner to the most recent previous owner.
Recourse -- (1) the right of a holder in due course to
demand payment from the maker or endorser of a negotiable instrument, or from
prior endorsers, if the instrument is dishonored by the maker. (2) the
acceptance, assumption or retention of some or all of the risk of loss
associated with an asset owned by another party. (3) in the secondary mortgage
market, recourse refers to a provision in a sales contract by which a mortgage
seller agrees to buy back the loan if default and foreclosure occur. See with
full recourse, without recourse, with partial recourse.
Recourse servicing -- mortgage servicing in
which the company servicing a mortgage has assumed the financial risk in the
event the borrower defaults on the loan. See mortgage servicing.
Redacted -- the condition of a document that has been
edited to remove sensitive or confidential information.
Redeem -- to buy back, as in an issuer redeeming bonds at
maturity, or a property owner redeeming his or her property after a foreclosure
sale.
Redemption of accounts -- the process by which a
savings institution buys back the savings accounts of its depositors by paying
their full withdrawal value.
Redevelopment -- the urban process of
improving cleared or undeveloped land, including erection of buildings and
other facilities by public or private developers, but not including site improvements installed by a
local public agency in order to prepare the land for disposition to developers.
redlining -- the refusal of a savings institution or
other business to extend credit to, lend to, insure, or otherwise assume some
financial risk involving property or a business located in a high-risk
geographical area, usually a declining inner-city neighborhood. Redlining also
refers to setting prohibitively high fees for financial services in a high-risk
area.
Refinancing -- the repayment of a loan with funds from a
new loan secured by the same property as the first loan. The new loan may be
from the same or a different lending institution.
Regs -- slang for regulations.
Regulation -- (1) a rule adopted by a federal or state
government executive branch agency. A regulation is based on and carries out a
law. (2) the act or process of governing or regulating.
Regulatory accounting practices (RAP) -- accounting rules and
procedures approved by the Office of Thrift Supervision for use by savings
institutions under the agency's jurisdiction. They may differ from generally
accepted accounting principles (GAAP), and are adopted by the agency to achieve
policy objectives.
Regulatory bulletin -- a directive issued by the
Office of Thrift Supervision to its regulatory staff providing clarification of
regulations and/or specifying guidelines and procedures. The regulatory
bulletin series and the thrift bulletin series are the successors to the
previous R, T, SP, and AB memoranda issued by the former Federal Home Loan Bank
Board.
Regulatory capital -- net worth as defined by
rules adopted by a regulatory agency, which may be different than capital
calculated under generally accepted accounting principles.
Regulatory plan -- the OTS plan developed
for regulating each savings institution.
Rehabilitation -- the restoration, repair
or improvement of a declining house, area, or neighborhood.
Reinstatement -- the payment by a
borrower of all past due, or delinquent, payments, thus restoring the loan to
current status.
Reinvestment -- the process of investing
new capital in existing, mature, developed neighborhoods, most likely in inner
city areas. The reinvestment is usually in the form of housing rehabilitation,
public works improvements, and new or reconditioned commercial development.
Release -- (1) the discharge of property from a
mortgage lien. (2) a written statement that an obligation has been satisfied.
Remainderman -- the person designated to
receive assets at the end of a trust term.
Remittance -- funds transferred from one party to another as
payment for purchased goods or services.
removal and prohibition (R&P) order -- an enforcement order
issued by the Office of Thrift Supervision forcing a person out of a current position
with a savings institution and prohibiting the person from ever again working
for any savings association, bank or credit union that has federal deposit
insurance without the prior written approval of the institution's regulator. If
the person agrees not to challenge the issuance of the order, it is called a
consent removal and prohibition order.
Remuneration -- wages and other benefits
received as compensation for employment.
Renegotiable rate mortgage (RRM) -- an alternative mortgage
loan in which the interest rate is renegotiated periodically. The loan may be
either a long-term loan with periodic interest rate adjustments, or a
short-term loan that is renewed periodically at new interest rates, but based
on a long-term mortgage.
Rent -- compensation paid the owner of property for the
use and/or occupancy of the property.
Reorganization -- the altering of a firm's
capital, organizational, and/or management structure following a plan worked
out during bankruptcy proceedings under Chapter 11. The objectives of reorganization
are to eliminate the cause of the failure, settle with creditors, and allow the
firm to remain in business.
Replacement cost -- the current cost of
producing a similar building or piece of equipment equal in utility and quality
to the building or equipment already existing.
Replevin --a legal action for the return of, or recovery of
goods or chattels wrongfully taken or detained.
Report of examination (ROE) -- the document that
describes the findings and conclusions of an examination of a savings
institution. The ROE is comprised of two sections: the narrative section
containing analysis and comments of the examiners, and the appendix section
containing various schedules, financial data, and other statistics used to
support the findings and analysis and the assigned MACRO rating.
repossession -- the process of a lender
or his agent taking back items that were bought on credit or were pledged as
collateral for a loan from a borrower who has fallen behind on loan payments.
Reprice -- to change the interest rate. Money lent
is priced at a rate of interest. It is repriced when the loan matures, the
money is repaid and lent at a new rate. A certificate of deposit reprices when
the CD matures and is either withdrawn or rolled over at the then prevailing
rate.
repurchase agreement (REPO) -- a financial transaction
in which a dealer in effect borrows money by selling securities and
simultaneously agreeing to buy them back at a higher price at a later time. The
dealer invests the money paid for the securities, hoping to get a higher return
than he owes on his obligation to repurchase the securities. Repurchase
agreements are commonly called "repos," and they function in a way
similar to a secured loan with the securities serving as collateral. In a
reverse repurchase agreement, the dealer in effect loans money by buying
securities and agreeing to sell them back to the customer at a higher price at
a later date. In either case, the difference between the bought and sold price
of the securities constitutes the yield on the transaction. See dollar reverse
repurchase agreement. Also see retail repos.
Rescission of contract -- the replacing of a
contract by mutual consent or by either party for reasonable cause. See right
of rescission.
Reserved account -- an account subject to
reserve requirements determined by the Federal Reserve Board. The rules require
financial institutions to set aside (not invest) a portion of funds in such
accounts as reserves to meet depositors' demands for cash withdrawals. The
reserves are deposited at a Federal Reserve Bank or held as cash.
Reserves -- (1) that portion of current earnings set
aside to take care of possible future losses or for other specified purposes.
(2) the portion of deposits in transaction accounts that must be held by
depository institutions in liquid form (vault cash or deposits in a Federal
Reserve Bank). Such reserves may not be used for lending or investing. The
reserve ratio for transaction accounts or no personal time deposits in all depository
institutions (including commercial banks, savings banks, savings and loan
associations and credit unions) is set by the Board of Governors of the Federal
Reserve System. A lower reserve requirement allows more expansion of deposit
and loan volume, while a higher reserve ratio permits less economic expansion.
That is because the lower the required reserve ratio, the greater the portion
of deposits that can be lent, redeposited somewhere else, and lent again thus
multiplying each dollar of the original deposit.
Residential -- describes buildings which are used as
dwellings by people.
Resolution Trust Corporation (RTC) -- a temporary federal
government corporation chartered by Congress in 1989 and affiliated with the
FDIC that: (1) ensures that customers of failed thrifts have access to their
insured deposits, and (2) disposes of the assets of failed thrifts. The RTC
receives overall policy guidance from the Thrift Depositor Protection Oversight
Board. The RTC was scheduled to finish its work and go out of business by
December 31, 1995, and stopped accepting newly failed institutions on June 30,
1995. All subsequent business was to be handled by the FDIC.
Resolution Funding Corporation (REFCORP) -- sold bonds to raise
funds that finance the work of the Resolution Trust Corporation (RTC).
Resolved --the status of a troubled savings association that
has been taken over by the government and disposed of in some final fashion.
Such resolution usually involves either selling the institution to new owners
or closing it permanently and paying depositors their federally insured
accounts.
Restrictive covenant -- a clause in a deed
limiting the use of the property.
retail repos -- repurchase agreements in
which a thrift institution or bank sells a portion of a government security to
its customer for cash, and simultaneously agrees to buy back the security for
the same price plus interest at a future specified date. Such transactions are
considered to be investments, not deposits, and thus are not federally insured.
See repurchase agreement.
Retained earnings -- the corporate profits
that are neither paid out in cash dividends to stockholders nor used to
increase capital stock, but are reinvested in the company.
Retirement CD -- a certificate of deposit
that combines elements of a deposit and an annuity.
Returned check -- a check that was
presented to the financial institution on which it was drawn, was refused
payment by that institution and was sent back unpaid.
Return on assets -- after-tax net income
divided by total assets.
Return on average assets -- a financial measurement
of the efficiency with which a business uses its assets. Return on average
assets is the ratio of net income divided by average total assets.
Return on equity -- a measure of how effective
a business has been in investing its net worth. Return on equity is expressed
as a ratio, calculated by dividing net income by average equity.
Revenue -- the total of all earnings received from the sale of
a firm's product or service during a given period.
Revenue bond -- a municipal bond that is
secured by the income expected to be generated by the project financed by the
bond, as opposed to a general obligation bond that is secured by the
government's taxing authority.
Reverse-annuity mortgage (RAM) -- an alternative mortgage loan
program in which the lender makes periodic payments to the borrower. The loan
is secured by the borrower's accumulated equity in the home. This type of loan
is usually taken out by an older, retired person who has substantially paid for
a home, and now needs additional income to live on. The borrower receives
periodic payments from the lender, or from an annuity set up with the proceeds
from the loan. The owner continues to live in the house until death, with the
sale of the home at that time used to pay off the loan. This is a plan for
taking money out of a home; for converting an existing frozen asset into
current income.
Reverse repurchase agreement -- see repurchase
agreement.
Revocable trust -- a trust in which the grantor
retains the right to revoke, and reclaim property that had been placed in the
trust.
Revolving credit -- a line of credit extended to
customers who may use it as often as desired up to a certain dollar limit.
Items purchased using this line of credit, may be paid in full upon receipt of
a monthly statement, or they may be paid for in several installments, for which
an interest charge is added.
right of first refusal -- a provision in an
agreement stating that a specified party must be given an opportunity -- before
any others -- to either accept or reject an offer. The right of first refusal
may extend, for example, to the act of selling property. In this case, if and
when the owner decides to sell, the property must first be offered to the specified
party. Upon refusal by the specified party, the property may then be offered
under the same terms and conditions to others.
Right of foreclosure -- the right of a lending
institution to take over mortgaged property and close out the mortgagor's
interest in it if the mortgagor violates the terms of the mortgage or loan
note.
Right of rescission -- the borrower's statutory
right under the Truth-in-Lending law to change his or her mind and cancel a
loan within three business days from the date of the loan application.
right of redemption -- a right provided by law
in some states permitting a mortgagor to reclaim foreclosed property by making
full payment of the mortgage debt, including interest and fees, or the
foreclosure sales price. The redemption period is for a specified period of
time.
Right of survivorship -- a right when property is
co-owned and one owner dies. In that case, the entire, undivided property
passes to the ownership of the surviving owner(s).
Right of way -- authority granted to
others by the owner of land to pass across the land, sometimes in the form of
an access easement. Streets and sidewalks are normally part of the public right
of way.
Riparian -- pertaining to the water's edge. It is
generally used to describe the rights of land owners whose property is adjacent
to rivers, lakes or other bodies of water.
Riparian rights -- the rights of owners of
land adjacent to a body of water to the water and land below the high water
mark.
Risk -- the probability of loss, or the degree of
uncertainty of being repaid, associated with loaning or investing funds.
Risk-based capital -- one of three capital
standards adopted for savings institutions in 1989. The standard is designed to
require savings institutions to hold more capital for higher-risk assets. The
value of each asset is weighted according to its risk and then capital is
calculated at a fixed percent of each risk-weighted asset. The standard adopted
in 1989 was 8 percent of risk-weighted assets. See tangible capital and core
capital.
Ritzy Maes -- slang for mortgage-backed securities sold
by the Resolution Trust Corporation.
Roll over -- the process of reinvesting funds received
from a maturing security in a new issue of the same or a similar security.
Rollover -- the practice of reinvesting capital and
interest of one investment into an identical new investment.
Round lot -- a unit of stock, usually consisting of
100 shares or multiples of 100 shares.
Routing and transit numbers -- the identification numbers
printed on checks and drafts designating the paying institution and its
location. The numbers facilitate the check-collection process.
Rules of the class -- the terms and conditions
established by a savings institution for each type of account and included in
each savings account contract. They include rates of interest, penalty
provisions, and any minimum deposits.
Rule of 78s -- a method used by a lender to calculate an
interest rebate on a loan that is paid off, or refinanced, prior to its
maturity, or for accruing earned discount. A predetermined factor is applied to
the portion of total interest generated during the period in question. Also,
sometimes called sum-of-the-digits method.
Run -- the situation in which large numbers of
customers make massive withdrawals of their funds from a depository
institution.
S
Safe deposit box -- a container in a secure
vault that is rented to an individual or organization for the safekeeping of
valuables.
Safety and soundness exam -- an examination of a thrift
institution's financial strength and operating policies and procedures to
determine whether the institution is being run in a safe and sound manner.
Sale -- the transfer of ownership of an item or the entitlement to a service in
exchange for money.
Sale-buyback -- a financing arrangement
in which the developer sells a property to an investor and then buys it back
under a long-term sales contract.
Sale-leaseback -- an arrangement in which
a seller deeds property to a buyer for cash or other consideration, and the
buyer simultaneously leases the property back to the seller, usually on a
long-term basis.
Sales -- the income received when goods or services are
sold.
Sallie Mae -- nickname for the Student Loan Marketing
Association.
S and L -- short for savings and loan association.
Also S&L.
Satisfaction of mortgage -- the recordable
instrument given by the lender that evidences payment in full of the mortgage
debt. Also known as a release deed.
Save -- to put aside a portion of income, deferring its
consumption until a future date.
Savings -- the total accumulated amount of income
that is not spent on consumption.
Savings account -- an account maintained by
a customer with a depository institution for the purpose of accumulating funds
over a period of time. Funds deposited in a savings account may be withdrawn
only by the account owner or a duly authorized agent, or on the owner's
nontransferable order. The account may be owned by one or more persons. Some
accounts require funds to be kept on deposit for a minimum length of time,
while others permit unlimited access to funds. Earnings may be in the form of
dividends, as in the case of a share type savings account, or interest as in
the case of a deposit type account.
Savings account loan -- a loan secured by funds
on deposit in a savings account, normally maintained at the lending
institution. Funds in the savings account equal to the amount of outstanding
principal of the loan, may not be withdrawn.
Savings & Community Bankers of America -- see America's Community
Bankers.
Savings and loan association -- an association of savers
and borrowers formally established to accept deposits and make loans, primarily
on residential real estate. An association may be organized as a mutual or a
stock association. A mutual association is owned by its depositors and, in some
cases, its borrowers. A stock association is owned by its shareholders. A
savings and loan association may be chartered by a state or receive a federal
charter from the Office of Thrift Supervision. Savings and loan associations
are also called S&Ls, savings associations, building and loan associations,
cooperative banks, or homestead societies.
Savings association -- see savings and loan
association.
Savings Association Insurance Fund (SAIF) -- the fund that provides
deposit insurance for savings institutions. SAIF was authorized by Congress in
1989 to take over the thrift deposit insurance role held by the former Federal
Savings and Loan Insurance Corporation (FSLIC). SAIF is administered by the
Federal Deposit Insurance Corporation (FDIC).
Savings Association Trade Executive -- an organization made up
of executives from state savings and loan trade associations.
Savings bank -- a financial intermediary
that accepts savings deposits and invests these funds in loans primarily for
commercial and residential real estate, plus investments in government and high
quality corporate bonds and blue chip stock. Savings banks may be state-or
federally chartered and insured by the SAIF or the FDIC. In 1982, Congress
removed all differences between federally chartered savings banks and federally
chartered savings and loan associations as to the kinds of loans and
investments they can make.
Savings certificate -- a document that is
evidence of ownership of a savings account, typically an account in which a
stated amount of funds is deposited for a fixed term.
Savings flow -- the net increase or
decrease of the total of all savings account balances held by a savings
institution during a specified period of time.
Savings inflows -- the net increase over a
period of time of the total of all savings account balances held by one
institution or all balances held by a group of savings institutions.
Savings institution -- a financial intermediary
established to promote thrift by accepting savings from the public. Savings
institutions include both savings and loan associations and savings banks.
Savings institutions are also called thrift institutions.
Savings liability -- the total amount of
savings deposits entrusted to a depository institution by its depositors. It is
the total amount of all savings account balances held by an institution,
including earnings credited to such accounts, less redemptions and withdrawals.
Savings outflows -- the net decrease over a
period of time of the total of all savings account balances held by one
institution or all balances held by a group of savings institutions.
Sawbuck -- slang for a $10 bill.
Scheduled items -- problem assets, which all
SAIF-insured savings institutions must list in a separate category in their
financial reports to the Office of Thrift Supervision. Scheduled items include
slow real estate and consumer loans, real estate owned as a result of
foreclosure, and real estate sold on contract or financed at a loan-to-value
ratio greater than normally permitted. The amount listed as scheduled items is
one measurement of the soundness of an institution's portfolio.
Scoping an exam -- slang for planning the
activities to be performed during a forthcoming examination of a savings
association. The scope determines the areas to receive special attention, the
procedures to be used and the depth of the review. In determining the scope,
OTS staff considers: the institution's regulatory plan, prior examination
reports, supervisory actions, correspondence, newspaper/magazine clippings,
business plans, capital plans, audit reports, management letters, OTS financial
analysis reports, SEC filings, and discussions with OTS and institution staff.
Scratch -- slang for readily available money.
Seasoned mortgage -- a mortgage that has been
in effect at least one year and on which principal and interest payments are
being made on time.
Secondary mortgage market -- a market through which
existing mortgage loans are bought and sold to other lenders, to government or
private agencies, or to investors. Mortgage loans are originated to home buyers
in the primary market and sold to investors in the secondary market.
Second mortgage -- see junior mortgage.
Section -- a parcel of land in a government survey
comprising one square mile or 640 acres.
Secured -- guaranteed as to full payment by the
pledge of something of equal or better value.
Secured loan -- a loan for which the
borrower pledges collateral that will be forfeited to the lender if the
borrower fails to repay the loan.
Secured party -- the person or
organization holding a security interest or lien against collateral. Also known
as the mortgagee, the conditional seller, or the pledgee.
Securities Act of 1933 -- federal legislation
requiring the full and fair disclosure of all material information about the
issuance of new securities.
Securities Exchange Act of 1934 (SEA) -- federal legislation that
established the Securities and Exchange Commission (SEC). The Office of Thrift
Supervision administers the act's requirements for savings associations that
are organized as stock corporations.
Securities and Exchange Commission (SEC) -- a federal agency that
regulates the securities exchanges and the over-the-counter markets, and works
to protect investors from unfair and inequitable practices. The SEC administers
the Securities Act of 1933, the Securities Exchange Act of 1934, the Trust
Indenture Act, the Investment Company Act, and the Public Utility Holding
Company Act.
securities market -- a place or places where
securities are bought and sold, the facilities and people engaged in such
transactions, the demand for and availability of securities to be traded, and
the willingness of buyers and sellers to reach agreement on sales. Securities
markets include over-the-counter markets, the New York Stock Exchange, the
Chicago Board of Trade and the American Stock Exchange.
Securitization -- the process of gathering a
group of debt obligations such as mortgages into a pool, and then dividing that
pool into portions that can be sold as securities in the secondary market.
Security -- (1) the collateral that is given,
deposited, or pledged to guarantee an obligation or the payment of a debt. For
example, the property on which a mortgage is issued is the security for the
mortgage loan. (2) a financial instrument that provides evidence of a debt, or
of rights to share in earnings or the distribution of property. Stocks and
bonds are securities. (3) measures taken to protect property against theft or
vandalism.
Security agreement -- a document or section of
a note that contains a description of the loan collateral. It establishes the
lender's rights to the collateral in the event of default on the loan.
Security deposit -- money paid by a renter to
a landlord as security against abuse of the rented property. The deposit is
returned to the renter when the renter leaves the property in good condition,
except for normal wear and tear.
Security instrument -- the mortgage or trust
deed that is the evidence of the pledge of real estate as security, as
distinguished from the note or other credit instrument.
Security interest -- an enforceable claim to
collateral pledged to secure payment of a debt or performance of an obligation.
Security interest in household goods -- a clause in a loan
contract giving a lender a nonpossessory lien on a borrower's personal
property, including household goods. This credit practice was prohibited for
savings institutions by federal regulation in 1985.
Seed money -- funds required to start a development project, or to
attract other capital investment.
Seisin -- the act of taking possession of real
estate by its rightful and lawful owner.
Seizure -- the act of taking possession.
Self-check -- (1) a check deposited in a financial
institution for credit to the check writer's account. (2) a check presented for
payment at the institution on which it was drawn.
Self-liquidating -- the status of an asset
that over a period of time returns the total amount of its cost. For example, a
fully amortized mortgage is a lender's self-liquidating asset.
Seller’s market -- a market condition in
which demand for a product or service exceeds available supply, resulting in
higher prices favoring the seller. Opposite of buyer's market.
seller-servicer -- an organization approved
by the Federal Home Loan Mortgage Corporation (Freddie Mac) that sells
mortgages into the secondary market and services mortgages by collecting and
forwarding monthly payments, maintaining records and performing any other
functions needed to keep the mortgage loans current.
Selling group -- a syndicate of
securities dealers that participates in selling an issue of securities to the
public.
Selling price -- the cash price that a
buyer must pay for purchased goods or services.
Selling short -- a technique employed by
an investor who believes the market price of a security will drop. The investor
borrows stock, which he then sells (even though he doesn't own it). If the
price of the stock drops, the investor can buy the same stock for less than
what he originally sold it for, and make a profit, after paying the brokerage
commission for borrowing the stock. The investor must return a like number of
shares of the borrowed stock to the stock lender.
Senior mortgage -- a first mortgage.
Senior securities -- preferred securities and
bonds that receive higher priority for payment than common stock when a company
is liquidated.
Serial bond -- a bond issue in which a
portion of the bonds are scheduled to be retired at regular intervals over a period
of years. Serial bonds are issued when the underlying security for the bonds
depreciates through use or obsolescence. The maturities of the bonds are
scheduled so that at any time, the bonds still outstanding will not exceed the
declining value of the security.
Service bureau -- a business that rents
computer time or sells data-processing services to savings institutions and
other users.
Service charge -- a fee imposed by a
financial institution for a service, such as triggering an overdraft loan provision
in a checking account.
Service Corporation -- a corporation wholly
owned by one or more savings institutions that engages in business activities
reasonably related to a savings institution. All activities must be approved by
the Office of Thrift Supervision, and can include some activities that the
parent thrift may not engage in directly. Typical service corporation
activities include: originating, holding, selling and servicing mortgages;
performing appraisal, brokerage, clerical, escrow, and research services; and
acquiring, developing, renovating or holding real estate for investment
purposes. See operating subsidiary.
Service life -- the anticipated duration
of an asset's usefulness.
Servicing -- see loan servicing.
Servicing contract -- a document used in secondary
mortgage market transactions that details servicing requirements and legally
binds the institution servicing the mortgage to carry out the requirements.
Setback lines -- lines on a plot drawing
that delineate how close to the edges of the property a structure may be built.
A structure may not extend past the setback lines, thus may be no closer to the
perimeter of the property than the setback lines. Setback lines are defined in
building codes, deed restrictions, and zoning regulations.
Settlement -- the conclusion of a transaction when that
which was bought is delivered to the buyer and payment is made to the seller.
Settlement costs -- money paid by borrowers
and/or sellers to effect the closing of a mortgage loan. This normally includes
an origination fee, discount points, title insurance premium, survey costs,
attorney's fees, and prepaid items such as insurance and tax payments to the
escrow account.
Settlement day -- the deadline by which the
seller must deliver and the purchaser must pay for that which has been bought.
Settling -- (1) the process of balancing in-coming
drafts that are accepted, as well as returned checks that an institution
receives and making payment for the drafts within the check-collection system.
(2) the process of delivering and paying for items previously purchased. (3) an
agreement reached between two or more parties in contention. (4) a property
arrangement to satisfy
a dispute, as between a husband and wife. (5) the winding up and final
distribution of an estate.
Settlor -- a person who makes a settlement or
creates a trust of property. Also called a grantor.
Severally -- separately, singly. For example,
severally owned property is property owned by one person. Being severally
responsible for debt means a person or organization is solely responsible for
repayment of the obligation.
Share -- a unit of stock of a corporation. Each share is
equal to and has the same value as any other share of the same stock. Each
share is a portion of ownership of the corporation.
Shared-appreciation mortgage (SAM) -- a mortgage which gives
the lender a portion of any future increase in the value of the mortgaged
property when sold in return for a lower rate of interest to the borrower.
Shared equity loan -- a loan in which the
lender shares in the equity of the mortgaged property in return for a lower
interest rate to the borrower.
Shareholder -- someone who owns or holds shares of stock
in a corporation such as a stock savings and loan association.
Shares outstanding -- all shares of stock
issued by a corporation, excluding treasury stock.
Shave -- (1) to cut a price by a small margin. (2) Reducing
the amount a seller receives by raising the charge for handing the sale of a
low quality financial instrument.
shelf registration -- the marketing procedure
in which a company registers a large amount of securities with the Securities
and Exchange Commission (SEC) at one time, and then sells them "off the
shelf" in smaller batches as market conditions warrant.
Sheriff’s deed -- a deed given by court
order to convey title to property that has been sold to satisfy a judgment of
delinquent taxes.
Short -- the activity of selling something prior to
owning it. In securities markets, selling short means a trader sells a futures
contract or makes a forward contract for the sale of a cash commodity or
instrument without owning what is sold. The trader must then buy an identical
amount in order to deliver what has been sold. The trader will make a profit in
a market with declining
prices, since he will buy for a price less than the previous price at which he
sold. See long.
Short covering -- the buying of stock to
use as a replacement for identical stock that was previously borrowed and
sold. The purchased stock may be used to repay the original stock lender.
Short position -- the status of a
transaction in which an investor has sold stock that he or she borrowed but did
not own at the time of sale. The position remains short until the investor
actually buys stock in sufficient quantity in order to return the same amount
of stock that was borrowed to the stock lender. See selling short.
Short-term deposits -- deposits with a maturity
of less than one year.
sight draft -- a customer's order to a financial
institution holding the customer's funds to pay all or part of them to another
institution in which the customer has another account. The draft is payable
upon delivery to the first institution, or "upon sight." Also called
a customer draft.
Signature card -- a form signed by a
depositor upon opening an account at a financial institution. The card
establishes the type of account ownership and sets forth the account terms and
the obligations of the customer and the institution. Signature cards are used
for subsequent identification
of the customer by comparing the customer's signature with the signature on the
card.
Silver certificate -- a form of U. S. paper
currency. The certificate is a receipt for a stated amount of silver in the U.
S. Treasury, but the redemption privilege was revoked by Congress in 1968.
Silver certificates were first issued in 1873.
Simple interest -- interest that is
calculated on the outstanding principal balance and not on any interest
previously earned. See compound interest.
Single entry -- a method of bookkeeping
in which each transaction is entered only once on the account books. See double
entry.
Single-family dwelling -- a detached housing unit
with open space on all sides.
Sinking fund -- a fund used to
accumulate the cash needed to pay off bonds or other debt instruments, or to
pay for future replacement of plant and equipment.
Site value -- the worth of raw land, without
improvements.
Situs -- Latin for a place or situation where a thing is
located. For example, a home is the situs of the owner's personal property.
Skip -- (1) to move with no forwarding address leaving a
debt unpaid. (2) a person who skips.
Skiptracing -- the work of collectors in
developing information to locate delinquent debtors and collect payment.
Skip-payment clause -- a provision of some
mortgage contracts that allows the borrower to skip monthly payments up to the
amount of payments that have previously been paid ahead of schedule.
Sky lease -- a lease of air rights, or the right to
build a structure that, except for its supports, is constructed above a plane
over a specified property.
slow consumer credit -- Office of Thrift
Supervision regulations define slow consumer credit as closed-end consumer
credit accounts 90 to 119 days delinquent, and open-end consumer credit
accounts delinquent 90 to 179 days.
Slow loan -- a loan for which payments have fallen
behind schedule. Such delinquent loans must be reported to federal regulators.
Office of Thrift Supervision regulations spell out what constitutes a slow loan
in terms of the loan's age and how long it has been delinquent. Loans less than
one year old are slow when 60 days delinquent; those between one and seven
years old are slow when 90 days delinquent, etc.
Small Business Administration (SBA) -- a federal government
agency that makes, guarantees and purchases participations in loan to small wholesale, retail,
service and manufacturing businesses.
Small saver certificate -- a general term for a
fixed-rate savings account with a minimum maturity of 18 months, but no minimum
deposit. New issues have an interest rate tied to the average yield on
comparable Treasury securities.
Solvency -- the condition that exists when
liabilities amount to less than total assets, thus providing the ability to pay
debts.
Solvent -- the state of being able to meet expenses
and pay debts.
Source document -- the original record of a
transaction or an event.
Sources and uses of funds statement -- a thrift industry
statement that shows the cash flow between balance sheet accounts in a given
reporting period.
Special assessment -- a property tax levied for
a specified improvement only on those properties directly benefiting from the
improvement. Special assessments are used to pay for such improvements as
sewers, water systems, street repairs and street lights. Also called an
improvement lien.
Special assessment district -- any geographic area
over which a governing authority has power to levy taxes for specific public
uses. Examples include: school districts, water and sewer districts and
lighting districts.
special mention -- a designation used by OTS
examiners for thrift institution assets that do not currently expose the
institution to enough risk to warrant adverse classification, but do possess
credit deficiencies or potential weaknesses deserving management's close
attention. Special mention assets have a potential weakness or pose an
unwarranted financial risk that, if not corrected, could weaken the asset and
increase risk in the future. See criticized assets.
Special series program -- a program of the Federal
Home Loan Banks in which an advance to one member thrift institution is matched
in amount and term to a certificate of deposit placed with the Bank by another
member institution.
Specie -- coined money.
Specific valuation allowance -- a reserve held against
specific assets classified as loss. See general valuation allowance and
valuation allowance.
Specification code -- see prescriptive code.
Speculation -- the act of knowingly
investing funds in a venture carrying higher-than-average risks in the hope of
making above-average profits. Speculators expect to make a profit because of
price changes.
Spendthrift provision -- conditions written into a
trust instrument that are designed to prevent the beneficiary from spending
income from the trust extravagantly or wastefully. Spendthrift provisions limit
the right of the beneficiary in disposing of his or her interest in the trust,
such as by assignment, and limit the right of creditors to reach it, such as by
attachment.
Spin off -- the separation of a subsidiary or
division of a corporation from its parent by making it a new corporate entity
and by issuing shares in the new entity. Shareholders in the parent receive
shares in the new entity in proportion to their original holding and the total
value remains approximately the same.
Split -- the division of the outstanding shares of stock
in a corporation into a larger number of shares. For example, a three-for-one
split would result in each shareholder receiving three shares for every old
share held. The split merely increases the number of shares issued, and does
not immediately alter the total capital of the company, nor each stockholder's
proportionate equity in the company.
Split-rate account -- a savings account that pays
higher rates of interest for higher account balances.
Spot delivery -- immediate delivery.
Spot market -- see cash market.
Spot zoning -- zoning that does not fit any
predetermined pattern of land use.
Spousal IRA -- an Individual Retirement
Account (IRA) established by a working spouse for his or her non-working
spouse. Spousal IRAs were created by the Tax Reform Act of 1976.
Spread -- (1) the difference between the interest rate at
which money can be lent (the return on investments), and the rate at which
money can be borrowed (the cost of funds). (2) the difference between two
related prices. (3) the difference between the bid and asked prices of
securities.
Squatter -- someone who illegally occupies another's
property.
Stale-dated check -- a check payable on
demand that remains uncashed for an unreasonable length of time after its
issue.
Standard Metropolitan Statistical Area (SMSA) -- one or more cities or
counties designated by the Department of Commerce as an integrated economic and
social unit with a large population nucleus.
Standard program -- a program in which the
Federal Home Mortgage Corporation purchases mortgages for cash.
Standby commitment -- a promise by a lender to
lend a specified amount of money at specified terms at a future date. The
borrower has the right to cancel the loan. In the secondary mortgage market,
the term refers to a promise to purchase a loan or loans under specified terms,
with the seller retaining the option to cancel.
standby letter of credit -- a guaranty issued by a
Federal Home Loan Bank on behalf of a member thrift institution wishing to
enter into an interest rate swap agreement on its own. If the member
institution defaults on its swap contract, the standby letter of credit
obligates the District Bank either to pay a stated amount to the counterparty
or to assume the swap obligation of the member institution.
Starts -- residential units on which construction
has begun. See housing start.
State-chartered association -- a savings institution
that has received its operating charter from a state regulatory authority.
Statement -- a written record prepared by a financial
institution, usually once a month, listing all transactions for an account,
including deposits, withdrawals, checks, electronic transfers, fees and other charges, and
interest credited or earned. The statement is usually mailed to the customer.
Statement of changes in financial position -- a financial statement
that outlines the sources and uses of funds and explains any changes in cash or
working capital.
Statement of condition -- a statement of the amount
and type of assets and liabilities of an organization at the close of business
on a given date; also called a balance sheet.
Statement of financial accounting standards
(SFAS) -- an
accounting rule or procedure issued by the Financial Accounting Standards
Board.
Statement of operations -- a summary of an
organization's financial operations during a specified period, showing income
and its allocation to operating expenses, payment of earnings, and additions to
reserves.
Statement savings -- a type of savings
account in which the customer's record of account activity is contained in
statements mailed to the customer each month (or at some other stated
interval). The statement lists all account action -- deposits, withdrawals,
interest postings and fees -- occurring within a specified period.
Statute -- a law enacted by a legislature.
step-up bond -- a bond that pays the
investor an initial above-market yield for a short, noncall period and then, if
not called, steps up to a predetermined higher coupon rate. The bond may
include a series of step-up rates and is callable at every step-up date. For
example, the initial rate may be 5 percent, increasing to 6 percent after two
years, and 7 percent after four years. The bond is designed to protect the
issuer against falling market interest rates. If interest rates fall, the
issuer can call the bond. If interest rates rise to levels equal to or higher
than the step-up rate, the issuer would likely not call the bond. A step-up
bond is a type of structured note.
Stock -- (1) shares of ownership in a corporation. (2)
the capital raised by the sale of shares. (3) a certificate that shows
ownership of a stated number of shares.
Stock association -- a savings and loan
association that sells stock to raise capital. It is owned by those who buy its
stock, called shareholders, and they may share in profits earned by the
association. See mutual association.
Stockbroker -- a person who serves as a middleman and,
for a fee, facilitates the transactions between buyers and sellers of stock.
Stock certificate -- a document that
constitutes written evidence of ownership of a company's shares. The
certificate lists the number of shares registered in the name of the owner, the
corporation issuing the shares, and whether the stock is sold at par value or
at market prices.
Stock dividend -- a portion of the net
earnings of a corporation paid to the corporation's stockholders of record, with
the payment consisting of additional shares of stock rather than cash.
Stock exchange -- an organization that
provides a market for trading stocks and bonds.
Stockholder -- the owner of one or more shares of stock
representing some degree of ownership of a corporation.
Stock split -- see split.
Stock split-down -- the reverse of a stock
split. The total number of shares outstanding is lowered by issuing a new stock
share to replace each of two or more shares presently in circulation, thus
increasing the market value of the new shares. Also called a reverse stock
split.
Stop payment order -- an order by a customer
instructing a financial institution to refuse payment when presented with a
specific draft or check written by the customer.
Story -- the part of a building included between two
floors.
Straight-line depreciation -- the amortization of an
asset's cost into uniform, periodic amounts of expense during the asset's
useful life.
Striking price -- the fixed price at which
a security can be purchased in a call contract or sold in a put contract. Also
called the exercise price.
Stripped mortgage-backed securities -- mortgage pass-through
securities in which the cash flow from the underlying mortgages is separated.
All principal is diverted into securities that pay only principal back to the
investors, while all interest is diverted into securities that pay only
interest. The interest-only (IO) and principal-only (PO) securities are used as
hedging tools to provide greater stability for mortgage portfolios during periods
of fluctuating interest rates.
Structured notes -- debt securities which
have many of the same characteristics as derivatives but which are generally
not backed by mortgages or other collateral. They take various forms and often
contain complex rate-adjustment formulas and embedded options including calls,
caps, and collars. The notes are often customized to meet the needs of a
particular investor. Types of structured notes include: step-up bonds, index
amortizing notes, dual index notes, de-leveraged bonds, range bonds and inverse
floaters. Structured notes are issued by corporations and government sponsored
entities such as the Federal National Mortgage Association, the Federal Home
Loan Mortgage Corporation and the Federal Home Loan Banks.
Student Loan Marketing Association (Sallie
Mae) -- a
federal government-sponsored private corporation created to increase the flow
of funds into student loans by facilitating the purchase of student loans in
the secondary market. It is commonly called Sallie Mae.
Subcontractor -- a person or company
under contract to perform work for a developer or a general contractor.
Subdivision -- land divided into several parcels, usually intended
for development and individual resale.
Sublease -- a lease executed by a leasee to a third
person granting use of the leased property for the payment of rent for a period
of time no longer than the original lease.
Subordinated debt -- borrowing in the form of
an unsecured note, debenture, or other debt instrument, which in the event of
the debtor's bankruptcy, has a lesser claim to the assets of the debtor than
other classes of debt.
Subordination clause -- a mortgage clause that
makes other debts or rights in the collateral real estate secondary to the
claim of the mortgage lender.
Subrogation -- the substitution of one person for
another in reference to a debt, claim or right.
Subscribe -- (1) to buy or pledge to buy an
investment, such as stock or a deposit, in a savings institution. (2) to sign
or mark a document to signify approval of its contents.
Subscriber -- a person who promises in writing to
purchase a certain number of shares of stock of a specified corporation, or to
deposit a certain amount of funds in a mutual savings institution.
Subscription -- a written agreement to
purchase that which is offered.
Subsidiary -- an organization controlled by another
organization or company.
Subsidize -- to furnish financial aid for a specific
purpose. The government subsidizes housing in a number of ways including
low-interest loans, rent assistance payments and the income tax deduction for
mortgage interest payments.
Substandard -- one of the categories of classified
assets. See classification of assets.
Suburb -- a residential area near a city; the area has an
identifiable character and name, but is not necessarily incorporated.
Sum-of-the-digits depreciation -- a method of calculating
the depreciation of residential property authorized by the 1969 Tax Reform Act.
For example, assuming a structure has 20 useful years, its number of useful
life-years would be calculated by adding:
1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20=210 years. This becomes the
denominator in the calculation of the depreciation value in any given year. The
numerator is the number of years remaining in the useful life of the property;
in the first year this would be 20, in the second year 19, etc. Thus, the
formula for establishing the deprecation value in the first year would be
20/210 times the depreciation base.
Sunset -- termination of an entity or activity at the end
of a stated period of time.
Sunshine Act -- a 1976 federal law
called Government in the Sunshine Act that requires (1) most meetings of most
federal agencies shall be open to the public and (2) the fullest practical
disclosure to the public of the government decision making process.
Superstructure -- the portion of a building
above the ground or above its foundation.
Super NOW account -- a variation of the
negotiable order of withdrawal (NOW) account. With a Super NOW account the offering
financial institution sets a higher interest rate if the account balance is
maintained above a specified minimum. If the balance drops below the minimum,
the account earns the same rate as the institution pays on regular NOW
accounts.
Supervised lender -- a Veterans Administration
classification meaning any lender subject to examination and supervision by a
state or federal agency.
Supervisory agent -- a title no longer
officially in use. Prior to the regulatory reorganization of October 1989, the title
referred to an official at one of the Federal Home Loan Banks who had lawful
authority delegated by the former Federal Home Loan Bank Board to carry out the
enforcement of laws and regulations dealing with the operation of savings
institutions. The president of each District Bank was traditionally designated
the district's principal supervisory agent. In October 1989, the supervisory
agents became employees of the Office of Thrift Supervision and now have
various titles including assistant deputy district director, assistant
director, and supervisory examiner.
Supervisory agreement -- a formal, written
agreement between the board of directors of a savings institution and the
Office of Thrift Supervision. The provisions of the agreement may require the
institution to cease any statutory or regulatory violations or unsafe or
unsound practice, and the agreement may require affirmative corrective action
by the institution to correct any existing violations, management or
operational deficiencies, or other unsound practices. Violation of a
supervisory agreement is cause for the Office of Thrift Supervision to initiate
cease and desist proceedings against the institution or against an officer,
board member or employee of the institution. See consent merger agreement.
Supervisory conversion -- the conversion of a
savings institution from a mutual form of ownership to stock ownership, with
the conversion arranged by the Office of Thrift Supervision. A supervisory
conversion is normally used when OTS, as the thrift's supervisor, has arranged
the sale of a troubled institution to new owners. Unlike a normal conversion, a
supervisory conversion does not require that the new capital stock be first
offered for sale to the institutions depositors and borrowers. All of the new
stock is acquired by the thrift's new owners.
Supervisory goodwill -- goodwill that is created
when the purchase of a savings institution is arranged by its federal
regulator. See goodwill.
Supervisory merger -- a consolidation of
savings institutions arranged by the Office of Thrift Supervision in which a
weak institution that is at or close to insolvency is merged into a strong
institution.
Surcharge -- an additional charge imposed for a
specific service, product or purpose.
Surety bond -- a guarantee by which a third party (the
guarantor) is bound to assume responsibility for the completion of a project or
the performance of contracted acts if the second party (the contractor)
defaults.
Surplus -- (1) that which is over and above, or in
addition to the required amount. (2) a mutual savings institution's retained
earnings after payments to savers and additions to reserves. In a stock
institution, these funds are called undivided profits.
Survey -- (1) a detailed inspection or investigation. (2)
the act of making a comprehensive inspection. (3) a map-like document that
shows the exact boundaries of a property, including lot lines and placement of
roads, buildings and other improvements on the property.
Survey of savings capital -- a report on savings
accounts, generally grouped by the rate of interest paid, or by type of
account.
Swap -- (1) a technique of the Federal Home Loan
Mortgage Corporation by which original lenders exchange the mortgages they have
made for Freddie Mac Participation Certificates (PCs), which provide the lender
with ownership interests in the same mortgages. Freddie Mac refers to the
transaction as the Guarantor Program, because the corporation adds its own
guarantees to the safety of the mortgage investment. (2) a financial
transaction in which two counterparties agree to exchange streams of payments
over a period of time according to a predetermined rule. For example, the
counterparties may swap interest payments, with each paying the other's
interest on the same amount of principal. Usually a fixed rate interest
obligation is swapped for a floating rate interest obligation, so that both
parties can match the form of interest they owe on their debts with the form of
interest income they expect to receive on their assets -- fixed with fixed, or
floating with floating. Or, the counterparties may swap payments in one
denomination of currency for payments in another country's currency. Both
interest rate swaps and currency swaps are designed to lessen market exposure
of paying off debt in an environment of potentially changing interest rates.
Sweat equity -- the investment of labor,
in lieu of cash, by the owner-occupant of a property. Such labor creates
improvements that increase the market value of the property, and thus the
owner-occupant's equity.
Sweep -- an arrangement to maximize the interest earned
by a customer who has both a high-interest rate account and a low- or
no-interest account at the same financial institution. Funds not being
immediately used in the low-interest account are automatically transferred
(swept) to the high-interest account, where they remain until the balance in
the low-interest account drops below a certain minimum and the funds are
transferred back to the first account. The funds may be swept to the
high-interest account overnight, or for longer periods of time.
Syndicate -- (1) a temporary association of two or
more persons formed to carry out some specific business venture, such as the
development of large-scale real estate projects. (2) a group of securities
dealers who work together to distribute a new issue of securities.
Syndicated loan -- a loan advanced jointly
by two or more financial institutions.
T
Takedown -- the actual transfer of money from a
lender to a borrower under a loan agreement, loan commitment, or line of
credit.
Takeout commitment -- a promise by a lender to
provide a long-term mortgage loan upon satisfactory completion of construction.
Takeout loan -- a permanent loan on real
property, which takes out the interim, construction loan.
Tandem plan -- a program in which the Government
National Mortgage Association (GNMA) buys certain mortgages at a subsidized
price for subsequent resale at market prices to the Federal Home Loan Mortgage
Corporation (FHLMC) or the Federal National Mortgage Association (FNMA).
Tangible assets -- physical and material
assets that have shape and form, and can be touched. Examples are cash, land,
and buildings.
Tangible capital -- OTS defines a thrift
institution's tangible capital as outstanding stock plus retained earnings. In
1989, OTS set the minimum tangible capital requirement for savings institutions
at 1.5 percent of assets. See core capital and risk-based capital.
Tangible equity -- the amount of a savings
association's core capital plus the amount of outstanding cumulative perpetual
preferred stock minus all intangible assets not previously deducted except
purchased mortgage servicing rights that may be included in core capital and
qualifying supervisory goodwill that can be counted as core capital.
Tangible net worth -- same as tangible
capital. See tangible capital.
Targeted examination -- an examination that
focuses on specific areas of a financial institution's operations.
Tax abatement -- a reduction of taxes or
an exemption from taxes granted by a local government on a piece of real
property for a specified length of time.
Taxable year -- the 12-month period used
as the basis for calculating federal tax on income received during that time
period. Also called the tax year.
Tax deed -- a deed on property issued when the
property is purchased at a public sale for nonpayment of taxes.
Tax-deferred annuity -- an investment vehicle
generally used to create income for retirement. Pretax dollars are invested by
an employer for an employee to provide a future stream of income to the
employee for either a fixed number of years, or for life. Federal income tax on
the pretax dollars
invested and on the interest they earn is postponed until the retirement income
is received.
Tax-deferred income -- income which is subject
to tax when earned, but for which the actual tax payment is postponed until a
later time.
Tax-deferred investment -- an investment that is
subject to tax, but on which the actual tax payment is postponed until a later time.
Normally, the payment is delayed until a person is in a lower tax bracket, thus
reducing the tax liability.
Tax escalation clause -- a provision in a lease
for the tenant to pay for any increase in real estate taxes imposed on the
leased property.
Tax-exempt -- the state of an investment that produces
income not subject to federal and/or state income tax. For example, tax-exempt
bonds are sold by local governments to finance such public projects as sewers,
school construction and parks.
Tax lien -- a government claim against real property
for unpaid taxes.
Tax participation clause -- a provision in a lease
stipulating that the tenant will pay all or part of the real estate taxes on
the leased property. Also called a tax stop clause.
Tax sale -- the sale of property by a taxing authority
or an officer of the court acting on a judgment to satisfy the payment of
delinquent taxes.
Tax-sheltered income -- all income which is exempt
from taxation or on which taxes are deferred.
Tax sheltering -- any legal means of
postponing or reducing the amount of tax due.
Tax stop clause -- see tax participation
clause.
Teaser rate -- an initial, below-market interest rate
offered on loans. After the initial time period, the permanent rate takes
effect.
Teller -- an employee of a depository institution who
waits on customers, usually from behind a counter or some other partition.
Tellers accept deposits, provide cash or checks for withdrawals, and perform
most other routine customer services involving transfers of funds.
Teller’s check -- a check drawn by a
depository institution on an account maintained at a second depository
institution and signed by a teller at the originating institution. Teller's
checks are often used in payment of withdrawal orders.
Tenancy -- the holding of property (including real
estate and deposit accounts) either by ownership or by lease.
Tenancy at will -- the lease of real estate
that may be canceled at the will of either the landlord or the tenant, usually
with notice.
Tenancy by the entirety -- a form of ownership by a
husband and wife, recognized in some states, in which one may not act without
the other's consent in matters affecting property. When one dies, the rights of
the deceased spouse automatically pass to the survivor. See tenancy in common,
and joint tenancy.
Tenancy in common -- a form of ownership in
which two or more parties own property, with each owning a separate interest.
When one owner dies, that owner's share passes to his or her heirs and not to
the remaining owners. When ownership of a deposit account is established as
tenancy in common, the signatures of all owners are necessary for a withdrawal.
See joint tenancy and tenancy by the entirety.
Tenant -- a person or organization that has the temporary
use and right of occupancy of real property owned by another.
Tender offer -- a public offer to buy
shares of stock from existing stockholders of one public corporation by another
company or other organization under specified terms good for a stated time
period. The offer is for stockholders to "tender" (surrender) their
holdings for a stated price, usually at a premium above the current market
price. The offer is made subject to the buyer being able to obtain at least a
minimum number and no more than a maximum number of shares.
Term -- the period of time established to repay a loan
or redeem a security.
Term deposit -- funds deposited in a
savings account, the terms of which impose a financial penalty if funds are
withdrawn before a specified date.
Term loan -- a loan with a maturity of usually three
to five years, during which time interest is paid, but no payments to reduce
principal are made. The entire principal is due and payable at the end of the
loan term.
Term mortgage -- a mortgage loan with a
fixed time period, usually five years or less, during which only interest is
paid. At the end of the term, the entire principal is due and payable.
Terms -- the details, specifications, obligations,
requirements, and conditions of an agreement, or contract.
Testament -- the written declaration of an individual
citing how he or she wishes his or her property to be disposed following his or
her death.
Testamentary account -- deposited funds owned
and controlled by an individual and invested in a revocable trust account,
tentative or Totten trust account, payable-on-death account, or a similar
account for which there is evidence of the intention that deposited funds will
be paid to a named party at the time of the account owner's death.
Testate -- the status of having signed and left a
legal will at the time of death.
Testator -- a male who has set forth in a will his
desires and bequests for the distribution of his property when he dies.
Testatrix -- a female who has set forth in a will her
desires and bequests for the distribution of her property when she dies.
Three-flat -- a three-story walk up apartment building
in which each dwelling unit occupies one story and all share a common main
entrance.
Thrift -- another term for a thrift institutions.
Thrift Administration Review Program (TARP) -- an OTS program to help
savings associations
improve their books, records and loan files and to implement better internal
controls.
Thrift bulletin -- a directive issued by the
Office of Thrift Supervision to thrift institutions providing clarification of
regulations or laws and/or specifying guidelines and procedures. The thrift
bulletin series and the regulatory bulletin series are successors to the
previous R, T, SP, and AB memoranda issued by the former Federal Home Loan Bank
Board.
Thrift Depositor Protection Oversight Board
(TDPOB) --
a government agency that provides guidance to the Resolution Trust Corporation
(RTC). The TDPOB was formerly the Resolution Trust Corporation Oversight Board.
It was renamed and reorganized by the Resolution Trust Corporation Refinancing,
Restructuring, and Improvement Act of 1991.
Thrift financial report (TFR) -- the report that savings
institutions must file each quarter with the Office of Thrift Supervision. The
report includes detailed information about the institution's operations and
financial condition. The thrift financial report for savings institutions is
similar to the call report required of commercial banks.
Thrift industry -- all of the operating
financial institutions that primarily accept deposits from individual savers
and loan funds for home mortgages. These include savings and loan associations,
savings banks and credit unions.
Thrift Information Exchange System (TIES) -- a computer data base used
by Office of Thrift Supervision staff to access information on individual
savings associations and various segments of the thrift industry.
Thrift institution -- the general term for
savings banks, savings and loan associations, and credit unions.
Tick -- a small fluctuation in price, either up or down.
Tier 1 capital -- as defined by OTS'
Prompt Corrective Action regulation, tier 1 capital is the same as core
capital.
Tier 1 risk-based capital ratio -- the ratio of tier 1
capital to risk-weighted assets.
Time Activity Reporting System (TARS) -- the agency-wide computer
program used to keep track of hours worked by OTS employees.
Time deposit -- a deposit of funds in a
savings institution under an agreement stipulating that (a) the funds must be
kept on deposit for a stated period of time, or (b) the institution may require
a minimum period of notification before a withdrawal is made.
Time sharing -- a form of real property
ownership that grants each of several owners the exclusive right to occupy a
housing unit during a specified time period each year.
Title -- (1) the ownership right to property, including
the right of possession. (2) the document or instrument constituting evidence
of such an ownership right. See abstract of title.
Title binder -- a written evidence of
temporary title insurance coverage in force for a limited period of time, which
is to be replaced by a permanent policy.
Title Company -- a business firm that
examines real property titles, reports its findings as to the legal status of
such titles, and issues insurance policies to indemnify the owner and lender
against financial loss resulting from unknown title defects or prior claims
against the property.
Title defect -- any fact, circumstance
or lawful right that could successfully claim all or part of a property or
could challenge the ownership of the property.
Title insurance -- the insurance that
protects both the lender and the homeowner (borrower) against loss resulting
from any defects in the title or claims against a property that were not uncovered
in the title search, and that are not specifically listed as exemptions to the
coverage on the title insurance policy.
Title report -- a written statement by a
title guarantee company that sets forth the condition of title to a specified
piece of real estate as of a certain date.
Title search -- a review of public
records to determine whether there are any claims or defects in the current
owner's title to real estate.
torrens system -- a method of registration
of title to land with the appropriate public office, by which an official
certificate at the office always shows the condition of the title and the
person in whom it is vested.
Tort -- a wrongful act committed against another person
or against another person's property, for which the injured party is entitled
to compensation.
Tortfeasor -- a person who commits a tort.
Totten trust account -- a trust account
established without a written trust agreement. The trustee deposits his or her
own money into the account. The trustee retains ownership of the account, but
holds it in a revocable trust for a named beneficiary. Upon the death of the
trustee/depositor, the balance in the account may be claimed by the
beneficiary.
Town house -- a low-rise, single-family dwelling,
attached to one or more similar dwellings by common walls, and having a
separate entrance.
Township -- a legal description of land established by
the government survey system, six miles square, containing 36 sections or 36
square miles or 23,040 acres.
Tract -- an area of land designated for a specified
purpose or a specified development.
tract house -- a house located in a subdivision in which
style, floor plan, color, design, and price are repeated in various structures
within the development.
Trade -- the consummation of the purchase or sale of a
security.
Trade date -- the date a security transaction is
executed.
Trader -- an individual who buys and sells
securities for his or her own account for short-term profit (loss). The term
also refers to an employee of a broker, dealer or financial institution who
buys and sells securities for the firm or its clients.
Trading account -- a group of securities
that are purchased with the express intent of selling them prior to their
maturity.
Tranche -- one of the classes, portions or segments
of a bond or mortgage-backed security, such as a Collateralized Mortgage
Obligation (CMO). Each tranche normally offers different terms, usually
involving the length of time it takes for principal to be repaid to investors.
With this type of security, all payments of principal from the underlying
mortgages are diverted initially to the first tranche. When all principal has
been repaid in the first tranche, payments of principal begin to the second
tranche and, after the second tranche is retired, the payments continue in turn
to the rest of the tranches, like a series of steps, until investors in the
last tranche have been repaid. By selecting a particular tranche, investors
choose whether they want their funds repaid quickly or whether they want to
lock in their investment for a longer period of time. In another meaning,
tranche also refers to a portion of a bond that is distributed in another
geographic area, such as a foreign country.
Transaction -- (1) any agreement between two or more
parties that establishes a legal obligation. (2) the act of carrying out such
an obligation. (3) all activities that effect a deposit account that are
performed at the request of the account holder. (4) All events that cause some
change in the assets, liabilities or net worth of a business.
Transaction account -- any account from which
funds may be transferred to a third party on demand of the account holder.
Included are demand deposit (checking) accounts, negotiable order of withdrawal
(NOW) accounts, automatic transfer (bill paying) accounts, and credit union
share draft accounts,
Transfer agent -- a company that issues,
registers, and redeems securities on behalf of the security issuer.
Transfer and stamp taxes -- the taxes paid to a local
or state government in connection with the execution or recording of mortgages
or other financial instruments.
Transit number -- see ABA number.
Traveler’s check -- a type of check designed
especially for business or vacation travelers. The traveler pays for the checks
in advance. Thus the check is an order from the issuing company to pay on
demand. Traveler's checks are issued in various fixed denominations, may be
cashed almost anywhere in the world, and are insured against loss, theft, or
destruction.
Treasury bill (T-bill) -- a short-term debt
obligation issued by the U. S. Treasury at a discount under competitive
bidding, with a maturity of up to one year. The bills are issued payable to the
bearer only, and are sold at a minimum face value of $10,000.
Treasury bond -- a federal government
debt obligation, ordinarily payable to the bearer, that is issued at par, with
maturities of more than five years, and with interest payable semiannually.
Treasury certificate -- a U. S. Treasury
security usually issued at par with a specified rate of interest and a maturity
of one year or less. It is issued payable to the bearer and sold in minimum
amounts of $l, OO0.
Treasury note -- a debt obligation of the
U. S. Treasury, usually issued payable to the bearer with a fixed maturity of
not less than one year nor more than seven years. It is issued at par, with a
specific interest return payable semiannually.
Treasury securities -- interest-bearing debt
obligations of the U. S. government that are issued by the Treasury as a means
of borrowing money to meet government expenditures not covered by tax revenues.
Marketable Treasury securities include bills, notes, and bonds. See Treasury
bill, Treasury note, and Treasury bond.
Treasury stock -- shares of stock
previously issued by a corporation that have been reacquired by that
corporation by purchase, gift, donation, inheritance or other means.
Tri-party agreement -- see buy-sell agreement
Triplex -- a low-rise building comprised of three
dwelling units, each with a separate entrance and yard, but sharing some common
walls.
Truncation -- the arrangement under which a financial
institution does not return canceled checks or drafts to the account holder.
Instead, the checks or drafts are microfilmed and the microfilm becomes the record
if the customer requests a copy of the check or draft.
Trust -- a legal entity created to manage property for
the benefit of a specific person or persons. A trust is funded when the owner
(the grantor) transfers ownership of property to another (the trustee) for the
immediate or eventual benefit of a third person, (the beneficiary). The person
who creates a trust is called a grantor, settlor or trustor. The person
designated to receive assets at the end of the trust term is called a
remainderman.
Trust account -- (1) a savings account,
established under a trust agreement, containing funds administered by a trustee
for the benefit of another person or persons. (2) an escrow account.
Trust agreement -- a written agreement
under which a grantor transfers legal ownership of property to another person
or organization charged with administering the property for the benefit of a
third person or persons. See deed of trust.
Trust deed -- see deed of trust.
Trustee -- (1) a person to whom the title of
property has been conveyed for the immediate or eventual benefit of another.
(2) the legal title holder and controller of funds in a trust account
established under a trust agreement for the benefit of another.
Trust fund -- an amount of capital which a person (the
trustor) places in custody of a trustee to be administered for the benefit of
another (the beneficiary).
Trust indenture -- see deed of trust.
Trustor -- an individual who establishes a trust by
giving property to a trustee for the benefit of another. Also called a settlor.
Truth-In-Lending -- the popular name for the
Consumer Credit Protection Act (Regulation Z), which requires lenders to
disclose to borrowers the cost of financing during the life of the loan.
Turnkey project -- a project in which a
builder/developer contracts to construct a completed facility that includes all
items necessary for use and occupancy. All that is required of the buyer to
begin using the facility is to turn a key in the new door lock and enter.
U
Uncollected funds -- funds that have been
deposited in an account by means of a check drawn on another institution that
has not yet paid the check.
Underwater loan -- a loan that, if sold,
would be worth less than its current book value. Loans "sink"
underwater because: (1) payments are delinquent, or (2) the loan's interest
rate is below current market rates for similar loans of similar maturity, or
(3) the collateral of a delinquent loan has decreased in value below the amount
of outstanding principal.
Underwrite -- (1) to sign one's name at the end of a
document, thus signifying agreement or concurrence with the contents of the
document. (2) to assume risk and liability for specified events in return for a
fee. An insurance company, by signing a policy, becomes the policy's underwriter,
thereby assuming the risk of being liable for losses if events specified in the
policy occur. (3) in mortgage lending, the act of assessing the risk of a loan
and matching it to an appropriate rate of interest and term. (4) to guarantee
the sale of a new issue of securities, usually by a securities dealer or a
syndicate of dealers.
Undivided interest -- a complete or partial
ownership of all parts of a whole. For example, an undivided interest in a pool
of mortgages means the ownership or rights to a certain percent of each and
every mortgage in the pool.
Unearned income -- (1) income that has been
collected in advance of the performance of a contract. (2) Income that is
derived from investments, such as dividends, property rentals, and other sources
not involving the individual's direct personal efforts.
Unearned interest -- interest on a loan that
has already been collected but has not yet been earned because the principal
has not been in the hands of the borrower long enough.
Unencumbered property -- property that is fee and
clear of debts or liens.
Uniform Commercial Code -- a set of
business-related laws dealing with the sale of goods, their transportation and
delivery, financing, storage, payments, and various other commercial transactions.
These model laws have been adopted, with minor modifications, by most states to
provide some consistency among states' commercial laws. They were drafted by
the National Conference of Commissioners on Uniform State Laws.
Uniform Gift to Minors Act -- a law in most states
that sets forth provisions for giving a minor an intangible gift, such as a
savings account, stocks or bonds. The giver (usually a parent) serves as
custodian with direct control over the gift. For example, the custodian can
sell the gift for the benefit of the child, as long as proceeds are reinvested
and the minor receives all gains and income from the gift. Once established,
the giver/custodian may not take back the gift. Income from the gift, such as
interest from a savings account, is reported and taxed under the name of the
minor, at the minor's usually low tax rates.
Uniform settlement statement -- a form that lists all
charges imposed on the borrower and the seller in connection with a home
mortgage loan settlement. The Real Estate Settlement Procedures Act requires
that the lender make the statement available to the buyer and seller at the
time of settlement.
Uniform Standards of Professional Appraisal
Practice (USPAP) -- rules used in appraising the value of property. The standards are
promulgated by the Appraisal Standards Board of the Appraisal Foundation.
Uniform Thrift Performance Report (UTPR) -- OTS' national financial
monitoring report used by OTS examiners and analysts to monitor and analyze the
activities, condition and performance of individual thrift institutions. The
UTPR is also used to focus examiner efforts for on-site examinations of
thrifts. First developed in 1992, the detailed UTPR tracks a savings
association's financial information over a three-year period. OTS computers
produce a UTPR for each savings institution, using data submitted by savings
associations in their quarterly Thrift Financial Reports. A UTPR report
compares a thrift institution to other peer group associations using percentile
ranks and medians, and identifies trends.
Unimproved land -- land in its natural state
with no man-made changes in its appearance.
United States League of Savings Institutions -- a former national
organization representing the thrift industry. It was founded in 1892 in
Chicago. The U.S. League merged on June 1, 1992 with the National Council of
Community Bankers to form the Savings & Community Bankers of America. Its
name was changed to America's Community Bankers on January 29, 1995.
Unlisted security -- a security that is not
listed on any stock exchange, and thus is traded over-the-counter.
Unrealized profits -- paper profits that do
not become actual profits until the asset producing the profit is sold or
redeemed.
Unsecured credit -- credit extended on the
borrower's promise to repay the debt, and for which collateral is not required.
Unsecured debt -- an obligation, generally
a loan, not backed by a pledge of assets.
Urban area -- according to the U. S. Bureau of the
Census, any community with a population of 2,500 or more, whether incorporated
or not.
Urban renewal -- the redevelopment or
rehabilitation of real property in a city, usually as the result of a
cooperative effort by private developers and local government.
Usury -- interest charges that are higher than allowed by
law.
V
VA -- see Veteran's Administration.
Vacancy factor -- a measurement of gross
rental income loss due to vacancy and non-collection of rent. The rate is
expressed as a percentage, and is calculated by dividing lost rental income
(from vacancy and non-collection) into total potential gross rental income
(including income from other rental units and the lost income).
Vacancy rate -- the percentage of
housing units that are unoccupied.
Validation -- proof, confirmation, or evidence to
confirm or legally support a claim or contract.
Valuation -- an estimated value or worth of something.
Valuation allowance (or valuation reserve) -- funds in an account
established to cover probable loan losses. If a savings association believes a loan
is uncollectible, it sets aside in the reserve account a portion of earnings
equal to the difference between unpaid principal and the market value of the
loan. If the loan is charged off as worthless, the institution writes down the
loan portfolio and the reserve account by equal amounts. See specific valuation
allowance and general valuation allowance.
Value -- the monetary worth of property, goods or
services. See fair market value, fair value, and net realizable value.
Variable rate certificate -- a certificate savings
account on which the interest rate varies during the term of the deposit
according to a predetermined schedule, formula, or index.
Variable rate mortgage -- see adjustable rate
mortgage.
Variance -- permission from an appropriate governing
agency to not conform to specific construction codes, zoning regulations, or
other prescribed restrictions concerning property use.
Vault -- a secure room or rooms in a financial
institution where cash on hand is stored and safe deposit boxes are located.
Velocity -- (1) the rate at which money flows from
one transaction to another. The number of times money changes hands in a given
time period. (2) the rate at which total money in circulation is spent on goods
and services in a given time period (usually measured as the ratio of GNP to
the money stock). Greater velocity thus means that a given amount of money is
used for a higher dollar volume of transactions.
Vend -- to sell, or offer to sell, something.
Vendee -- a buyer of property, goods or services.
Vendor -- a seller of property, goods, or services.
Vendor’s lien -- the right of a seller
who has not yet been paid to take back possession of sold property until its
purchase price has been received from the buyer.
Venue -- the place where a suit or charge is brought to
court, generally the place or jurisdiction where the alleged wrong was
committed.
Vest -- (1) to confer the right of immediate or future
possession and use of property. (2) a designation of ownership or possession of
property. For example: a title is said to vest in John Doakes. (3) a
designation of the endowment of rights, power or authority. For example: the
authority to regulate the thrift industry is vested by Congress in the Office
of Thrift Supervision.
Vested interest -- a fixed interest in
tangible or intangible property, although the right of possession, use and
enjoyment may be postponed until some future date or until the happening of
some specified event.
Veterans Administration (VA) -- a federal government
agency that, among other things, aids veterans of the U. S. armed forces in
obtaining housing. VA loans offer a guarantee to the lending institution as to
repayment of the loans and result in veteran home buyers being able to obtain
mortgage loans with a lower down payment.
Voluntary association account -- a savings account held
by a nonincorporated group, such as a club, baseball team, church, civic group or charity;
otherwise generally similar to a corporation account.
Voluntary conveyance -- see deed in lieu of
foreclosure.
Voting stock -- stock that gives the
holder the right to vote in the election of the corporation's directors, in the
appointment of auditors and in other matters brought up at the annual stockholders' meeting. Most
common stock is voting stock. Most preferred stock in nonvoting stock.
Voucher -- (1) a written statement that bears
witness or substantiates a transaction; for example providing evidence that
services have been rendered, goods purchased, or some other expenditure has
been made. (2) a printed form authorizing a disbursement.
Voucher check -- a check to which is
attached a form (voucher) describing the purpose of the check, and/or
explaining various items on which the check is based. The voucher is detached
before the check is cashed.
Voucher payment plan -- a system of advancing
funds from lender to borrower in a construction loan. The borrower/contractor
must complete a ledger form requesting each loan payout when particular,
prespecified stages of construction are reached.
W
Wage -- compensation paid to employees.
Wage assignment -- a clause in a loan
contract that allows the lender to obtain the borrower's wages in the case of a
default without notice or a hearing. This credit practice was prohibited by
federal regulation in 1985.
Wage garnishment -- a process granted by a
court order by which a lender obtains, directly from an employer, part of the
salary of an employee who is behind in payments to the lender.
Waiver -- the voluntary relinquishment of a right to one's
own property or to a claim against another's property, or to any other legally
enforceable right.
Waiver of exemption -- a loan contract clause
that contains a waiver or limitation of the borrower's right to exempt his or
her personal or real property from attachment, execution or other legal process
in the event of a default. This credit practice was prohibited by federal
regulation in 1985.
Warehousing -- the borrowing of funds by a retail lender
on a short-term basis using permanent mortgage loans as collateral. This form
of interim financing, called a warehouse loan, is used to raise funds to make
home mortgages and carry them until the mortgages are packaged and sold "out of the
warehouse" to an investor. Proceeds from the sale are used to reduce the
warehouse loan.
Warehouse loan -- see warehousing.
Warrant -- (1) a certificate giving the holder the
right to purchase securities at a stated price within a specified time period.
(2) a written order, signed by a magistrate in the name of the government directing
an officer to make an arrest.
Warranty -- a statement, either written, expressed or
implied, providing assurance that some specified provision in a contract, such
as a sale, is true.
Warranty deed -- a deed in which the
seller warrants that the title to the real estate to be sold is good and
salable.
Water table -- the point beneath the surface of the
ground at which natural ground water is found. It is one of the factors
considered by mortgage lenders.
Way -- a street, alley or other thoroughfare or
easement permanently established as a passage for people and/or vehicles.
Wealth -- the value of one's total possessions and
property rights.
When issued -- short for "when, as,
and if issued." The term indicates a conditional sale of a security; the
security has been authorized but not yet issued and paid for. All when-issued
transactions are on a conditional basis until the security is delivered to the
buyer and payment is delivered to the issuer. Federal Home Loan Bank System
bonds are sold on a when-issued bas is.
White elephant -- slang for property or a
business that is so costly to maintain or operate that it is impossible to make
a profit.
Whole loan -- a mortgage loan sold in its entirety.
When a whole loan is sold by the original lender to an investor, all of the
contractual rights and responsibilities of the original lender pass to the
investor.
Will -- a written document signed by an individual that
sets forth how the person desires his or her property to be distributed upon
the person's death.
Windfall profit -- an unexpected profit
arising from causes not controlled by the recipient.
Wire transfer -- an order to pay or to
credit money transmitted electronically rather than by paper check.
Withdrawal -- a removal of funds from a savings or
checking account by the account's owner.
Withdrawal form -- a source document filled
out by a customer to authorize a withdrawal from the customer's savings or checking account.
The form is kept by the savings institution for its records.
Withdrawal penalty -- a charge imposed upon an
account holder for the early removal of funds from a certificate account; usually an amount
equal to interest earned during a prespecified period.
Withdrawal ratio -- withdrawals expressed as
a percentage of gross savings during a given period of time.
Withdrawal value -- the amount credited to
the savings account of a thrift institution depositor, less deductions as shown
on the records of the savings institution.
With full recourse -- a term used in the
secondary mortgage loan market. It refers to a written clause in a sales
agreement by which a lender sells mortgages to an investor. It means the
seller/lender will fully reimburse the buyer/investor for any losses resulting
from the purchased loans. This may be accomplished by the seller taking back
any loans that become delinquent.
Without recourse -- a term used in the
secondary mortgage market. It is a clause in a sales contract by which a lender
sells mortgage loans to an investor. It means the seller/lender is under no
obligation to reimburse the buyer/investor for any losses resulting from the
purchased loans. See with full recourse.
With partial recourse -- a secondary mortgage
market term referring to a clause in the sales contract by which lenders sell
their mortgage loans to investors. It means the seller/lender is obligated to
reimburse the buyer/investor for an agreed-on portion of any losses resulting
from default or other problems in the purchased loans.
Working capital -- liquid assets available
for conducting the daily affairs of a business.
Workout agreement -- a plan approved by
borrower and lender by which a delinquent borrower can reschedule loan payments
so that the entire outstanding principal is eventually repaid.
Worth -- the total value of something.
Wraparound mortgage -- a financing device that
permits an existing loan to be refinanced and new, additional money to be
advanced at an interest rate between the rate charged on the old loan and the
current market interest rate. The creditor combines or "wraps" the
remainder of the old loan with the new loan at the intermediate rate. The
borrower makes one payment, to the new lender, who in turn makes the monthly
payments to the original lender. The amount of the wraparound mortgage is the
total of the outstanding principal of the first mortgage (which remains in
effect) and the additional outstanding funds advanced by the wraparound lender.
Writ -- a written order, under the seal of government
authority, issued by a court and directing an officer of the court to perform some act, or
enjoining a party to do or refrain from doing some act.
Write-off -- the accounting procedure used when an
asset has been determined to be un-collectible and is therefore charged off as
a loss. On the books, the amount is removed from the asset portion of a balance
sheet and recorded as an expense item on the income statement.
Y
Yard -- (1) the open, unoccupied ground area on a lot,
between the exterior walls of a building and the property line. Yards may be to
the front, rear or side of the building. (2) Slang for a $100 bill.
Yield -- (1) the return on an investment, expressed as a
percentage of the price originally paid for it. If the investment, such as a
security, is to be sold, its yield is its return expressed as a percentage of
its current market price. (2) Income derived from an investment in property.
(3) to give up possession; to pay.
Yield curve -- a chart in which yield levels are plotted
on the vertical axis and the terms to maturity of debt instruments of similar
creditworthiness are plotted on the horizontal axis.
Yield to maturity -- the average annual yield
of a fully amortized loan, that is held by an investor for the life of the
loan. The average rate takes into the account the fact that the outstanding
principal, and consequently the amount of interest, declines each year until
the loan is fully paid. When the term is used in reference to a bond or other
security, it means the average annual rate of return of the security when held
to maturity, taking into account discounts or premiums paid when the security
is purchased and capital gains or losses.
Z
Zero-coupon bond -- a security sold at a
deep discount from its face value and redeemed at its full face value at
maturity. These bonds pay no interest. Instead, the investor's return is the
difference between the purchase price of the bond and its face value when
redeemed. Since these bonds do not pay interest, there are no interest coupons
attached to the bond document, hence the name "zero-coupon bond."
Even though the yield is not paid until maturity, the return accrues and is
taxable on a prorated basis each year of the bond's life.
Zoning -- a legislative process that divides a community
into areas (zones) of specified land use and that regulates the location,
height, density, type and overall size of buildings within each zone. The zones
are designated according to broad categories of land use, such as residential,
commercial or industrial, and more specifically as to building type or density
of land use, such as single family or multifamily residential.
Zoning code, law or ordinance -- a local law prescribing
how and for what purpose each parcel of land in a community may be used.
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