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| - packing kit
- A moving aid that involves the packing of essentials items in a single box or multiple boxes marked for specific rooms. These kits will be packed so that they are readily assessable upon arrival at the new home.
- packing kit
- A moving aid that involves the packing of essentials items in a single box or multiple boxes marked for specific rooms. These kits will be packed so that they are readily assessable upon arrival at the new home.
- partial payment
- A payment that is not sufficient to cover the scheduled monthly payment on a mortgage loan.
- partition action
- A court judgment ordering the sale of real estate owned jointly by two or more individuals. The action divides the proceeds of a real estate sale among the joint owners - rather than a physical division the real estate into separate undivided interests.
- payment change date
- The date when a new monthly payment amount takes effect on an adjustable-rate mortgage (ARM) or a graduated-payment adjustable-rate mortgage (GPARM). Generally, the payment change date occurs in the month immediately after the adjustment date.
- periodic payment cap
- For an adjustable-rate mortgage (ARM), a limit on the amount that payments can increase or decrease during any one adjustment period.
- See ► cap.
- periodic rate cap
- For an adjustable-rate mortgage (ARM), a limit on the amount that the interest rate can increase or decrease during any one adjustment period, regardless of how high or low the index might be.
- See ► cap.
- personal property
- Any property that is not real property . In the common law systems personal property may also be called chattels. It is distinguished from real property, or real estate. In the civil law systems, personal property is often called 'movable property' or 'movables' - any property that can be moved from one location to another. This term is contrasted with 'immovable property' or 'immovables,' such as land and buildings.
- PIH
- (Office of Public and Indian Housing)
- PITI or PITIA
- In relation to a mortgage, PITI (pronounced like the word "pity") is an acronym for a mortgage payment that is the sum of monthly p rincipal, i nterest, t axes, and i nsurance and a ssociation fees (if any).
That is, PITI(A) is the sum of the monthly loan service (principal and interest) plus the monthly property tax payment, homeowners insurance premium, and, when applicable, mortgage insurance premium and homeowners association fee. For mortgagors whose property tax payments and homeowners insurance premiums are escrowed as part of their monthly housing payment, PITI(A) therefore is the monthly "bottom line" of what they call their "mortgage payment." Iit is a combined payment for: [principal] + [interest] + [prop. taxes] + [insurance] + [association fees] Note: Some lenders may include private mortgage insurance (PMI) in the above calculation. PITI(A) is now often referred to as the Front End Debt to Income (DTI) Ratio. - PITI or PITIA reserves
- A cash amount that a borrower must have on hand after making a down payment and paying all closing costs for the purchase of a home. The principal, interest, property taxes, and homeowners insurance (PITI) reserves must equal the amount that the borrower would have to pay for PITI for a predefined number of months.
- planned unit development
- See ► PUD.
- points
- A form of pre-paid interest. One point equals one percent of the loan amount. By charging a borrower points, a lender effectively increases the yield on the loan above the amount of the stated interest rate. Borrowers can offer to pay a lender points as a method to reduce the interest rate on the loan, thus obtaining a lower monthly payment in exchange for this up-front payment.
Paying Points represent a calculated gamble on the part of the buyer. There is a specific point in the term (break-even point) of the loan where the money spent to buy down the interest rate will be equal to the money saved by making reduced loan payments. Selling the property or refinancing prior to this break-even point will result in a net loss for the buyer. Keeping the loan for longer than the break-even point results in a net savings for the buyer. Therefore, the longer the property is financed under a loan with purchased points, the more money will be saved. If your intention is to sell the home quickly, buying points buying points will cost more than amortizing the loan at the higher interest rate. The decision to buy points should be based on the intended duration of the loan. NOTE: Another perfectly valid application for the purchasing of Points is to reduce the monthly payment for the purpose of qualifying for the loan. Loan qualification based on monthly income versus the monthly loan payment may sometimes only be achievable by reducing the monthly payment through the purchasing of points to buy down the interest rate thereby reducing the monthly loan payment. See ► Top Ten Buyer's Toll #9 - - police power
- The common law power given to a governmental jurisdiction to control behaviors and enforce order within its territory for the sake of the public welfare, security, morality, and safety of the citizens of the jurisdiction. Police powers as it applies to include the adoption and enforcement of zoning regulations, building codes, and environmental protection regulations, by local, regional, and national jurisdictions.
- power of attorney (POA)
- A legal document that authorizes another person to act on one’s behalf. A power of attorney can grant complete authority or can be limited to certain acts and/or certain periods of time.
- pre-arranged refinancing agreement
- A formal or informal arrangement between a lender and a borrower wherein the lender agrees to offer special terms (such as a reduction in the costs) for a future refinancing of a mortgage being originated as an inducement for the borrower to enter into the original mortgage transaction.
- predatory mortgage lending
- There is concern in the US that consumers are often victims of predatory mortgage lending. The main concern is that mortgage brokers and lenders, sometimes while operating legally, are dishonestly finding loopholes in the law to obtain additional profit.
Some examples of predatory mortgage lending are: Another unethical practice involves inserting hidden clauses in contracts in which a borrower will unknowingly promise to pay the broker or lender to find him or her a mortgage whether or not the mortgage is closed. Though regarded as unethical by the , this practice might be within the bounds of the law, depending on the circumstances. Often a dishonest lender will convince the consumer that he or she is signing an application and nothing else. Often the consumer will not hear again from the lender until after the time expires and then the consumer is forced to pay all costs. Potential borrowers may even be sued without having legal defense See also ► - pre-foreclosure sale (short sale)
- A procedure in which the investor allows a mortgagor to avoid foreclosure by selling the property for less than the amount that is owed to the investor.
- See ► Real Estate Guide: Owner/Foreclosure -
- prepayment
- Any amount paid to reduce the principal balance of a loan before the due date. Payment in full on a mortgage that may result from a sale of the property ( the owner's decision to pay off the loan in full), or a foreclosure means payment occurs before the loan has been fully amortized.
- See ► Lockout
- prepayment penalty
- A fee that may be charged to a borrower who pays off a loan before it is fully amortized or before a stated term.
- See ► Lockout
- pre-qualification
- The process of determining how much money a prospective home buyer will be eligible to borrow before he or she actually applies for a loan.
- prime rate
- The interest rate that banks charge to their preferred customers. Changes in the prime rate influence changes in other rates, including mortgage interest rates.
- principal
- 1. The amount borrowed or remaining unpaid. Also, the part of the monthly payment that reduces the remaining balance of a mortgage.
2. In commercial law, a principal is a person who authorizes an agent to bring about one or more legal relationships (contracts) with a third party. In real estate the principal may be the buyer or seller of real property represented by an agent or ® who creates a contract for the purchase or sale of the property to or from a third party, often called the customer. - Also see ► agency, fiduciary duty, and duty of care
- principal balance (mortgage loan balance) (balance)
- The outstanding balance of principal on a mortgage. The principal balance does not include interest or any other charges.
- See ► remaining balance and original balance.
- principal_interest_taxes_ and_insurance (PITI) (PITIA)
- The four components of a monthly mortgage payment.
- See ► PITIA
- private mortgage insurance (PMI), (MI) , (LMI)
- Private Mortgage Insurance (PMI), also known as Lenders Mortgage Insurance (LMI), is insurance payable to a lender that may be required when entering into a mortgage loan. It is insurance in the case that the mortgagor is not able to repay the loan, and the lender is not able to recover its costs after foreclosing the loan and selling the mortgaged property. The annual cost of PMI varies between 0.19% and 0.9% of the total loan value, depending on the loan term, loan type and proportion of the total home value that is financed.
The PMI may be payable up front, or it may be put into the loan. This type of insurance is usually only charged if the down payment is less than 20% of the sales price or appraised value (the LTV or loan to value ratio should be 80% or less). Once the principal reaches 80% of value, the PMI is no longer required. This can occur via the principal being paid down, via home value appreciation, or both. Canceling mortgage insurance can be a difficult process. Sometimes lenders will require that PMI be paid for a fixed period (for example, 2 or 3 years), even if the principal reaches 80% sooner than that. The cancellation request must come from the Servicer of the mortgage to the PMI company who issued the insurance. Often the Servicer will require a new appraisal to determine the Loan To Value (LTV). The cost of mortgage insurance varies considerably based on several factors which include: loan amount, LTV, occupancy (primary, second home, investment property), documentation provided at loan origination, and most of all, credit score. If a borrower has less than the 20% down payment needed to avoid a mortgage insurance requirement, they might be able to make use of a second mortgage (sometimes referred to as a "piggy-back loan") to make up the difference . Two popular versions of this lending technique are the so-called 80/10/10 and 80/15/5 arrangements. Both involve obtaining a primary mortgage for 80% LTV. An 80/10/10 program uses a 10% LTV second mortgage with a 10% down payment, and an 80/15/5 program uses a 15% LTV second mortgage with a 5% down payment. Note: Piggy-back loans as described above are no longer popular with lenders as they have been linked to the mortgage loan crisis of 2008. Other combinations of second mortgage and down payment amounts might also be available. One advantage of using these arrangements is that under United States tax law, mortgage interest payments may be deductible on the borrower's income taxes, whereas mortgage insurance premiums were not until 2007 Homeowners earning under $110,000 adjusted gross income can deduct, for the 2007 tax year, some or all of the LMI/PMI premium on mortgages closed only in 2007. Congress would need to renew this deduction to be valid for any tax years beyond 2007. Note: the for mortgage insurance premiums through tax year 2010. - principal residence
For tax purposes, a principal residence is generally defined as the home where an individual spends more than 50% of his/her time. It is also defined as “owner-occupied” housing. The term includes single-family detached housing, condos or co-ops, townhouses or any similar type of new or existing dwelling. Even some houseboats or manufactured homes may count as principal residences. Consult with your tax advisor if you have any question. - probate
- The legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will.
- promissory note
- A written promise to repay a specified amount over a specified period of time.
- property
- A physical or virtual entity which may be owned privately by an individual or jointly by a group of individuals. An owner of property through title, or a right of ownership, has the right to consume, sell, rent, mortgage, transfer and exchange his or her property in a manner he or she sees fit.
- Common law recognizes several types of property including real property (land and improvements to land), personal property (other moveable physical possessions), and intellectual property (rights over artistic creations, inventions, etc.).
- property manager
- When owners of apartments, office buildings, or retail or industrial properties lack the time or expertise needed for the day-to-day management of their real estate investments or homeowners’ associations, they often hire a property or real estate manager. The manager is employed either directly by the owner or indirectly through a contract with a property management firm.
Property and real estate managers handle the financial operations of the property, ensuring that rent is collected and mortgages, taxes, insurance premiums, payroll, and maintenance bills are paid. Some property managers, called asset property managers, supervise the preparation of financial statements and periodically report to the owners on the status of other financial matters. In Ohio, any person acting as a property manager and not directly employed by the owner of the managed properties must be licensed as a real estate sales person by the Ohio Division of Real Estate, and be affiliated with a real estate broker licensed in the State of Ohio. - property tax ( millage tax)
- An ad valorem tax that an owner of real estate or other property pays on the value of the property being taxed.
- There are three types of property:
- Land
- Improvements to Land (immovable man made things),
- Personalty (movable man made things)
- Real estate, real property or realty are all terms for the combination of land and improvements. The taxing authority requires and/or performs an appraisal of the monetary value of the property, and tax is assessed in proportion to that value. Property tax types and forms used will vary between counties and jurisdictions.
- public auction
- A meeting in an announced public location to sell property to repay a mortgage that is in default.
- PUD - Planned Unit Development
- A project or subdivision that includes common property that is owned and maintained by a homeowners' association for the benefit and use of the individual PUD unit owners.
- purchase and sale agreement
- A written contract signed by the buyer and seller stating the terms and conditions under which a property will be sold.
- See ► real estate purchase contract.
- purchase-money mortgage
- A home-financing technique in which the buyer borrows from the seller instead of, or in addition to, a mortgage lender. Sometimes done when a buyer cannot qualify for a bank loan for the full amount.
- See ►
- purchase-money transaction
- The acquisition of property through the payment of money or its equivalent.
- purchase "subject to mortgage"
- When a buyer purchases real property "Subject to Mortgage", the buyer agrees to assume the remaining debt on an existing mortgage, but the original homeowner does not receive a formal assignment of mortgage from the lender. The original homeowner remains on the loan and therefore, remains personally liable for the debt should the buyer default on making the monthly payments.
For example, a homeowner owes a 30-year mortgage loan of $250,000 against his house. A prospective buyer wants to purchase the house and keep the same mortgage. The buyer pays $50,000 cash for the equity and assumes the mortgage, becoming liable for the debt. However, the original owner remains liable as well. In a purchase "Subject to Mortgage" since the seller (original mortgagor) remains liable in the event of default, the lender's (mortgagee's) consent is not necessarily required. This is the premise behind the "wrap around mortgage" and carries with it the risk of the lender finding out that title or interest in the property has been transferred to a third party and invoking the note's "due on sale provision." Do not confuse the so called "Purchase Subject to a Mortgage." with an "Assumption of Mortgage." Both are used to finance the sale of property usually when a homeowner (mortgagor) is in financial difficulty and desires to sell the property to avoid foreclosure. - Contrast with ► Assumption of Mortgage
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