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
No term matches that. Try a shorter word, or text Kristen the question.
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