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A
abandoned property

Property that is no longer being maintained by its owners and is either vacant or not lawfully occupied. Some jurisdictions limit the term to properties that have gone through a legal proceeding confirming their failure to pay back property taxes.

abandonment

See Instead: abandoned property
adjustable rate mortgage

A mortgage loan subject to changes in interest rates during the course of the loan term. When rates change, adjustable-rate mortgage (ARM) monthly payments increase or decrease at intervals determined by the lender. The change in monthly-payment amount, however, is usually subject to a cap. In hybrid ARMs, the interest rate is fixed for a period of time -- often, 3, 5, 7, or 10 years -- and then coverts to an adjustable rate thereafter.

See Also: subprime
affordability covenant

An affordability covenant is a legally binding clause to a deed that specifies that the property will remain affordable by setting certain terms and conditions related to its long-term use. An affordability covenant may restrict to whom a rental unit is rented and at what level or to whom and at what price a for-sale unit will be sold. These guidelines are typically put in place to preserve the affordability of homes financed with substantial government subsidies for future residents.

affordable housing

There is no single definition of affordable housing. The Getting Started section of HousingPolicy.org (Foreclosure-Response.org's sister site) reviews various approaches to defining affordable housing. Click here to go to HousingPolicy.org's Getting Started Q&A on this topic.

AMI

See Instead: area median income
appropriations

Funding allocations made on a regular basis by a committee or other authorizing body. The level of appropriations made available to federal , state or local agencies for housing and related programs may vary from year to year on the basis of other urgent budget needs and/or political shifts. In contrast, dedicated funding sources generally guarantee that all revenue from a specified source will be available for use by a designated program or entity.

area median income

The area median income (AMI) is a statistic generated by the U.S. Department of Housing and Urban Development (HUD) for purposes of determining the eligibility of applicants for certain federal housing programs. HUD determines AMI on an annual basis for each metropolitan area and non-metropolitan county, making adjustments for household size and other factors. Different housing programs use different percentages of AMI -- such as 30 percent of AMI or 80 percent of AMI -- as maximum income limits for admission. Many state and localities have adopted HUD's income limits for their own programs, or use a variation on the HUD limits -- for example, 120 percent of AMI.

Click here to leave this site and access the latest HUD income limits and AMI levels for your community.

ARM

B
below-market

Below-market is a general term that refers to housing that rents or sells for less than prevailing market levels. In some cases, below-market housing is used synonymously with affordable housing. In other cases, below-market housing is targeted at moderate-income families with somewhat higher incomes than those served by federal affordable housing programs. Generally, housing can be offered at below-market levels only with a public subsidy or with a public concession such as density bonuses or reduced-cost publicly-owned land.

C
cash for keys
Cash-for-keys is a type of graceful exit from homeownership -- a foreclosure alternative that allows the borrower to give up its home without the strain of foreclosure and in circumstances in which residual debt is minimized. When a homeowner and servicer agree to cash for keys, the homeowner agrees to vacate the property by a certain date in return for a small payment from the mortgage servicer (less than what the servicer would have spent on foreclosure proceedings, but enough to be an incentive to the homeowner). Both parties avoid a lengthy foreclosure process, the servicer can get the property to sale quickly and the homeowner gets some cash to help with relocation expenses. Cash for keys is often combined with another form of settlement, such as a deed-in-lieu, in which the homeowner transfers the title to the property. In those instances, cash for keys adds certainty to the homeowner's departure date and ensures the property remains in good shape.
clear title

A clear title is a signal that a property can be purchased without worrying about old liens or owners coming back to assert claims to the property. This status is also referred to as an "insurable title," since the property owner can get title insurance to protect against losses if there was an error in checking the title history; and as a "marketable title," since having a clear title facilitates marketing and selling a property.

CLT

community development block grant

A Federal program created under the Housing and Community Development Act of 1974. This program (often known as CDBG) provides annual grants on a formula basis to states and larger cities and urban counties to be used for a wide range of community development activities directed toward neighborhood revitalization, economic development, affordable housing and improved community facilities and services.

See Also: HOME
community land bank

See Instead: land bank
community land trust

Community land trusts are a form of shared equity homeownership designed to ensure that homes made affordable through public or philanthropic subsidies remain affordable over the long-term. Under the traditional community land trust model, a nonprofit community land trust is established to own the land on which homes are situated. The trust then sells the physical structures to home purchasers for an affordable price, along with a long-term lease on the land. When the home is sold, it must be sold an affordable price to a qualifying homebuyer.

See Also: shared equity
covenant

In the context of housing policy, a covenant is an agreement that restricts the ways in which a home may be rented and/or sold. In the past, so-called "restrictive covenants" were used to limit the potential buyers of homes to members of specified racial or religious groups. Today, however, affordability covenants are used to ensure that homes made affordable through public subsidies remain affordable to future renters or homebuyers.

credit and debt profile

A credit and debt profile assesses the financial history of an individual, business, jurisdiction or other entity. Lenders often require a credit and debt profile of their borrowers to assess their credit worthiness and establish loan terms and interest rates for a home mortgage.

D
debt to equity ratio

The debt to equity ratio is a financial ratio used to determine whether a government agency, business, household, or other entity can safely borrow over long periods of time. The ratio is calculated by dividing an entity's outstanding debt by the amount of equity it holds. A high debt to equity ratio may indicate that an entity is financing its growth with debt. For government agencies, debt to equity ratio is important because it will determine whether it has a strong or weak bond rating.

deed restriction

Restrictions or limitations on the use of property, as noted in a deed. Deed restrictions are one mechanism for maintaining the long-term affordability of a home with a significant public subsidy.

deed-for-lease

Deed-for-lease is a type of graceful exit from homeownership -- a foreclosure alternative that allows the borrower to give up its home without the strain of foreclosure and in circumstances in which residual debt is minimized. When a homeowner and servicer agree to deed-for-lease, the homeowner turns over the deed to the property in exchange for a term lease. Both parties are able to avoid a lengthy foreclosure process, the servicer receives income from the property in the form of rent payments, and the homeowner is able to stay on the property as a tenant while other housing arrangements are made.

deed-in-lieu

A deed-in-lieu of foreclosure, often referred to simply as a deed-in-lieu, is a type of graceful exit from homeownership -- a foreclosure alternative that allows the borrower to give up its home without the strain of foreclosure and in circumstances in which residual debt is minimized. The homeowner signs over the deed to the property to the mortgage servicer. A deed-in-lieu avoids a foreclosure proceeding and, oftentimes, cancels the debt in full. This is only an option when there are no other liens on the property. 

demand-side

Demand-side housing policies address housing affordability challenges by increasing individuals' purchasing power. For example, the federal government provides Section 8 housing choice vouchers to individual households to enable them to afford the costs of private-market rental homes. Supply-side policies, by contrast, seek to directly expand the supply of affordable homes -- usually through subsidies to enable developers to build or rehabilitate affordable homes.

See Also: supply-side
Dillon Rule

\"Dillon Rule\" states assume that municipalities are allowed only the powers that are explicitly granted to them by the state legislature, in addition to those considered essential for the municipality to function (as opposed to Home Rule states, which give municipalities the authority to govern their own internal affairs).

See Also: Home Rule
downpayment

A downpayment is an initial upfront payment typically made for higher-cost items such as cars and homes, and is usually given in cash at the time the transaction closes.  The balance of the purchase typically requires a loan, which is repaid in installments over the term of the loan.

E
economy of scale

The economic principle that as the scale of production increases, the cost of producing each additional unit decreases, leading to a lower average cost per unit. This principle helps explain, for instance, some of the costs advantages of manufactured homes and larger builders.

eminent domain

Right of a government agency to take private property for a public purpose. Fair compensation must be paid to the owner whose property is taken.

equity

Home equity refers to the value of a property excluding the amount owed on a mortgage or outstanding debt.  Home equity can increase as a result of value appreciation or as a mortgage is paid off.  

escrow account

As used in the housing context, an escrow account is a separate account into which the lender puts a portion of each monthly mortgage payment. An escrow account provides the funds needed for such recurring expenses as property taxes, homeowners insurance, mortgage insurance, etc. Requiring families to make monthly payments into an escrow account to cover these expenses is generally viewed as a desirable practice that helps families manage their housing costs by spreading the payments for these expenses throughout the year.

F
Federal Deposit Insurance Corporation (FDIC)

The Federal Deposit Insurance Corporation (FDIC) is an independent agency created by Congress that maintains stability and public confidence in the nation\'s financial system by insuring deposits, examining and supervising financial institutions, and managing receiverships.

foreclosure prevention

Assistance provided to help struggling homeowners avoid a foreclosure and possibly retain their home. Foreclosure prevention programs often include counseling and financial assistance. Click here to learn more.

forgivable loan

A loan that is forgiven if program requirements are met for a specified period of time. The loan may be forgiven incrementally over time -- for example, 20 percent per year for five years -- or all at once at the end of the specified time period.

G
graceful exit

A graceful exit ends a borrower's term of homeownership without a foreclosure. For homeowners who are unable to afford the mortgage payments on any reasonable modification or refinance offer, graceful exits provide some control over the terms of their departure, help to reduce or eliminate any residual obligation for the mortgage debt and may help avoid or reduce the negative effects of foreclosures on their credit scores. Graceful exits may also help to preserve the condition of the property and prevent blight in the community. Examples of graceful exits include cash-for-keys, deeds-in-lieu, and short sales.

green building

Green building refers to a set of building design and construction practices that seek to reduce a building's environmental impacts by improving energy efficiency and indoor air quality, reducing water use and consumption, choosing sustainable building materials, and situating the home in a manner that takes advantage of sunlight and other natural amenities.

H
HOME

Established by Congress in 1990, this federal program is designed to expand the supply of decent affordable housing for low- and very low-income families and individuals. HOME funds are provided each year by HUD to states and localities, which determine how the funds are spent. HOME funds may be used for: tenant-based rental assistance; assistance to homebuyers; property acquisition; new construction; rehabilitation; site improvements; demolition; relocation; and administrative costs.

Home Rule

"Home Rule" states give municipalities the authority to govern their own internal affairs (as opposed to Dillon Rule states, which assume that municipalities are allowed only the powers that are explicitly granted to them by the state legislature, in addition to those considered essential for the municipality to function).

See Also: Dillon Rule
HOPE NOW

HOPE NOW is an alliance between HUD-approved counseling agents, servicers, investors, and other mortgage market participants that provides free foreclosure prevention assistance.

housing counseling agency

An organization whose work focuses in whole or in part on providing homeownership education and counseling. Click here to learn more about homeownership counseling at our sister site HousingPolicy.org.

I
insurable title

See Instead: clear title
J
judicial foreclosure

Judicial foreclosure is a method of foreclosing on a mortgage or other lien in which a claim of foreclosure is filed in court, just like any other lawsuit. In most jurisdictions that use judicial foreclosures, a complaint is filed by the mortgage servicer against the homeowner. If the homeowner responds to the complaint, a trial may follow. In many cases, the homeowner does not respond, so the court awards the plaintiff (the mortgage servicer) the foreclosure on a motion for summary judgment. Once a judgment has been entered, the property can be sold at auction. 

K
L
land bank

Land banks are governmental or quasi-governmental entities dedicated to assembling properties -- particularly vacant, abandoned, tax-delinquent, or foreclosed properties -- and putting them to productive use. Land bank authorities acquire or facilitate the acquisition of properties, hold and manage properties as needed, and dispose of properties in coordination with city planners and in accordance with local priorities for land use.

Click here for information on how land banks help convert foreclosed properties to productive use.

limited equity cooperative

In this shared equity homeownership arrangement, households buy a "share" in the cooperative and in return receive the right to occupy one unit and share in decision-making for the development. Share prices are set by a formula specifically designed to keep membership affordable for future purchasers.

See Also: shared equity
loan servicer

See Instead: servicer
M
marketable title

See Instead: clear title
moratorium (foreclosure)

A foreclosure moratorium is a policy approach that slows the foreclosure process to allow homeowners additional time to settle their debts, refinance their mortgage, modify their loans, or sell their property to reduce the financial damage of foreclosure.

mortgage interest deduction

The mortgage interest deduction is a tax break for homeowners. Homeowners with deductions that are large enough to warrant itemizing can deduct the amount of interest on their mortgage when they file their taxes. The mortgage interest deduction is the largest subsidy for housing in the United States.

multifamily

A type of property that is designed for more than one family, such as a condominium or apartment building.

N
neighborhood stabilization

Neighborhood stabilization refers to a set of activities aimed at helping communities cope with large numbers of foreclosures by bringing foreclosed properties back into productive use and working to minimize the destabilizing impacts of foreclosures.

non-judicial foreclosure

Non-judicial foreclosures occur without the involvement of the judicial system in a process regulated by state law. The exact requirements for a non-judicial foreclosure proceeding vary from state to state, but most have one or two steps. The first, not required in all states, is for the servicer to issue a notice of default to the homeowner, giving the homeowner notice that the mortgage is in arrears and indicating that the servicer can foreclose after a set waiting period. The second step is for the servicer to issue a notice of sale. Once the notice of sale has been issued, the servicer must wait a set amount of time before putting the property up for sale. 

O
P
Q
R
real-estate owned property

Real-estate owned or REO property refers to property that is owned by a bank or other loan servicer as part of its real estate portfolio.  REO property is often synonymous with vacant, foreclosed homes, particularly ones that are challenging to market for re-sale.

redemption period
Certain state law offers a redemption period for homeowners to give them additional time to live in the property, without the danger of being evicted. The bank can not continue with the foreclosure process during this period of time.
rehabilitate

The process of renovating and restoring older or deteriorating properties.

See Also: rehabilitation
rehabilitation

See Instead: rehabilitate
REO

reverter clause

A provision in a land sale agreement mandating that the land will revert back to public ownership if not used in accordance with the terms of the agreement.

right-to-rent
This approach can enable at-risk homeowners to stay in place after foreclosure and rent the property back from the new owner at market rates.  This approach often goes by other names including, rentback, own-to-rent, or own-to-rent-to-own.
S
servicer

The entity responsible for collecting mortgage payments from a homeowner.  Since lenders commonly sell loans to a third party after origination, the servicer for many homeowners\\\' loans will be a different entity than their original lender.

shared appreciation loan

A form of financial assistance for homeownership, in which the homebuyer must repay the original loan amount plus some percentage of the home price appreciation in lieu of interest. This approach helps to reduce the need for new subsidy monies to help future homebuyers as housing costs increase. Shared appreciation loans are often structured as a silent second mortgage that does not need to be repaid until the home is sold.

See Also: shared equity
shared equity

An approach to homeownership that balances ongoing housing affordability and individual asset accumulation. Under shared equity, a public or philanthropic entity provides funding to help a family purchase a home. In return, the entity shares in any home price appreciation that occurs while the family lives there, preserving the buying power of the subsidy in the face of rising home prices, and allowing an initial investment in homeownership to help one generation of homeowners after another. In some forms of shared equity, such as community land trusts, the public's share of appreciation stays in the home, enabling it to be sold for an affordable price. In other forms, such as shared appreciation mortgages, the public's share of appreciation is used to give a larger loan to the next homebuyer to make a home of their choice affordable.

sheriff sale

A sheriff\'s sale is an auction sale of property held by a sheriff. A sheriff\'s sale occurs as a result of a court order to seize and sell the property.  

short sale

A short sale is a type of graceful exit from homeownership -- a foreclosure alternative that allows the borrower to give up its home without the strain of foreclosure and in circumstances in which residual debt is minimized. In a short sale, a third party purchases a property for less than the principal due on the mortgage. Both the homeowner and the servicer must agree to the purchase price. The homeowner exits homeownership without a foreclosure and without debt, and the servicer recoups the sale price -- usually representing a sizable portion of the mortgage principal -- without the time and expense associated with a foreclosure.

silent second mortgage

An important technique for making homeownership affordable while recycling public dollars, a silent second mortgage is a secondary home loan issued by a home-buying program to supplement a family's primary mortgage that does not need to be repaid until the home is resold (or in some cases, refinanced). Because no payments are due on the loan until the home is resold or refinanced, it has the same effect as a grant on housing affordability for a purchaser. But because the loan is repaid upon resale, the funds can be recycled to help the next homebuyer. When used as part of a shared equity strategy, silent second mortgages are known as shared appreciation loans.

smart growth

Broadly speaking, smart growth refers to a set of development principles that link environmental, social, and economic objectives together to create vibrant, safe, and healthy places to live. Smart growth development generally seeks to takes advantage of existing infrastructure to preserve farmland and open space; encourages multi-modal transportation options by concentrating development around public transit corridors; integrates housing and other land uses together; and provides a range of choices in the development of the built environment to promote affordability.

soft cost

A cost to the developer of a property that is indirect (i.e. not related to land or materials). Examples include architect and legal fees, insurance payments, and property taxes. Lengthy review and permitting processes can significantly increase development time, leading to substantial increases in a project's soft costs that reduce housing affordability.

subprime

Subprime mortgages are made to borrowers with poor credit histories who do not qualify for prime interest rates. To compensate for the increased credit risk, subprime lenders charge a higher rate of interest.

supply-side

Supply-side housing policies seek to increase the supply of affordable homes. Government agencies may either add to the housing stock directly, such as by building public housing, or may provide incentives for private developers to produce more homes -- for example, through the low-income housing tax credit. Efforts to reduce regulatory barriers to the development or rehabilitation of housing also operate on the supply-side of the equation; such efforts promote housing affordability by freeing the market to better respond to increases in housing demand.

See Also: demand-side
T
tax-delinquent property

A property for which property taxes and/or municipal bills are severely past due. 

transit-oriented development

Transit-oriented development is the creation of mixed-use development centered around a public transit hub to maximize the number of people who can utilize public transportation services to meet their daily travel needs. For more information, visit the Center for Transit-Oriented Development website.

U
underwriting requirements

The tests or standards used by a lender when deciding whether to approve a loan.  These may include a minimum credit score, maximum debt-to-income ratio, and other measures of a borrower\'s creditworthiness and the risk involved in extending a loan.

V
vacant property

A property that has no occupants. Often these properties are also in severe disrepair.

W
weak market

In general, a weak market is one in which the number of sellers is greater than the number of buyers. In the housing context, weak-market cities may have falling or depressed home values and, in some cases, property abandonment.

workforce housing

Workforce housing is housing for the occupations needed in every community, including teachers, nurses, police officers, fire fighters and many other critical workers.

X
Y
Z
zoning code

Local codes regulating the use and development of property. Zoning ordinances typically divide a community into land use districts or "zones," represented on zoning maps, and specify the allowable uses within each of those zones. For example, some communities divide land into industrial zones, commercial zones, and one or more residential zones. Some zones also may permit a mix of uses. Zoning codes establish development standards for each zone, such as minimum lot sizes, maximum heights of structures, building setbacks, and yard sizes. Overly rigid zoning codes that don't allow for multifamily homes or higher density development may present obstacles to affordable homes.