LearnGlossary

The words on a creative file.

Thirty terms investors, attorneys, title companies and servicers use on subject-to, wrap, seller finance, novation and lease option files. Plain and general. Definitions are not legal advice; your attorney reads your documents.

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30 terms

Acceleration
When a lender declares the whole loan balance due at once instead of on the normal schedule. A due-on-sale clause gives the lender the option to accelerate after a transfer.
Due-on-sale clause
Addendum
A page added to a contract that changes or adds terms. On creative deals, attorneys often draft a custom wrap or subject-to addendum rather than relying on a standard form alone.
Amortization
The schedule that splits each payment between interest and principal so the loan pays down over its term. A loan that does not fully amortize ends with a balloon.
Arrears
Payments that are past due on the existing loan. On a subject-to file the buyer and seller agree who brings the loan current and how, and the title company accounts for it at closing.
Assignment of contract
Handing your rights under a purchase contract to another buyer, usually for a fee. Common in wholesaling. A novation is a different tool with a similar goal.
Novation vs assignment
Authorization to release information
A form the borrower signs so the lender or servicer will talk to a named third party about the loan. Usually one of the first documents requested on a subject-to or wrap file.
Balloon payment
A large lump sum due at the end of a loan that did not fully amortize. Balloon terms on seller-financed loans carry federal rules; your attorney checks them.
Seller financing explainer
Closing attorney
An attorney who conducts the closing instead of, or alongside, a title company. In Texas a wrap must close at a title company or an attorney's office.
Closing packet
The set of signed and recorded documents, the final settlement statement and the servicing confirmation, sent to you after closing so the file is complete in one place.
Deed of trust
The recorded document that pledges the property as security for a loan. In many states, including Texas, it does the job a mortgage does elsewhere. The due-on-sale clause lives here.
Double close
Two closings on the same property, back to back: the wholesaler buys from the seller and immediately sells to the end buyer.
Due-on-sale clause
The paragraph in a deed of trust that lets the lender call the loan due if the property is transferred without its consent. It is an option the lender holds, not an automatic event.
Due-on-sale explainer
Earnest money
A deposit the buyer puts with the title company after signing the contract to show the offer is serious. It is credited to the buyer at closing.
Entry fee
Investor shorthand for the cash a buyer brings to a creative deal: down payment, arrears, closing costs and any cash to the seller, added together.
Escrow
Money held by a neutral third party until conditions are met. Also the account a servicer keeps for property taxes and insurance when those are collected with the payment.
Hybrid
A deal that combines subject-to on the existing loan with seller financing on the rest of the price. Two sets of documents, one closing.
Hybrid deal page
Lease option
A lease now with the right, not the obligation, to buy the property later at agreed terms. Treated differently from a sale in many states, so the documents matter.
Lease option explainer
Lien
A legal claim against a property that secures a debt. A deed of trust creates a lien; so can unpaid taxes or a judgment. Title work finds them.
Novation
An agreement where a new party steps into a contract and the original party steps out. In investing, the buyer takes over the seller's position and sells to an end buyer.
Novation explainer
PITI
Principal, interest, taxes and insurance: the four parts of a full monthly housing payment. The number to confirm on the existing loan before a subject-to closes.
Promissory note
The written promise to repay a loan: amount, interest rate, payment and term. The deed of trust secures it with the property. On a creative deal, your attorney drafts it.
Recording
Filing the deed and deed of trust with the county so they become public record. The title company handles it after funding.
RMLO
Residential mortgage loan originator, a licensed person. Federal and Texas rules say when a seller-financed or wrap loan needs one involved. That is a question for the seller-lender and their attorney.
Seller financing
The seller acts as the lender: the buyer signs a note to the seller and a deed of trust secures it. Also called owner financing or a seller carry.
Seller financing explainer
Servicer
A company that collects the monthly payment, pays the underlying lender and any escrow items, and keeps the records. Using a third-party servicer is common on wraps and subject-to deals.
Settlement statement
The title company's line-by-line accounting of the closing: price, credits, payoffs, fees, and who pays what. Kristen checks it against the contract before signing.
Subject-to
Buying a property subject to the existing loan: the buyer takes title, the seller's loan stays in place and keeps getting paid, and the seller stays on the loan.
Subject-to explainer
Title commitment
The title company's report of who owns the property, what liens and exceptions exist, and what it will insure once those are handled.
Transaction coordinator
The person who runs the paperwork and the people between contract and closing: checklist, documents, deadlines, follow-up. Not an attorney, lender or title company.
What a transaction coordinator does
Wrap (wraparound mortgage)
Seller financing where the seller's existing loan stays in place and the buyer's new, larger note wraps around it. The buyer pays the seller or a servicer, who pays the underlying lender.
Wrap explainer
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