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Adjustments on Closing
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There are two types of adjustments
for which a buyer can be charged on closing;
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Prepaid
services. Where the sellers have prepaid property taxes or certain
utilities, the buyers can be charged for the amount of prepayment on a
pro-rata basis, depending on the date of occupancy. For example, if the
sellers have paid the property taxes to the end of the year, and the sale
closes on October 15th, the purchasers will be charged with an adjustment
of 77/365'ths (the number of days remaining in the year) of the total paid
for the year.
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Interest.
This is the amount of interest required to be prepaid up to the Interest
Adjustment Date (IAD). IAD is the point at which the mortgage interest
starts accumulating "in arrears". In Canada all mortgage interest is calculated
and paid after the period to which it applies. This differs from the way
in which rental and lease payments are calculated, which is "in advance".
The good news on this one is that if you prepay for say 3 weeks you won't
have to make your first payment for almost two months. Also, if you take
a biweekly payment term, the longest interest adjustment period is less
than two weeks, by definition.
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Amortization
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The process of paying off
the principal balance owed of the mortgage through scheduled, systematic
repayments of principal and extra payments of principal at irregular intervals.
Usually associated with a target period (the standard being 25 years) over
which the initial blended payment is calculated. The maximum amortization
period available in Canada is 40 years.
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Appraisal
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This is an estimate of the
current value of the property for the lender (the 'subject property'),
using one or both of the following techniques;
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Market
value comparison approach: The majority of residential appraisals
use this technique, comparing recent sales of similar properties ('comparables'
or 'comps' in real estate jargon) and adding and subtracting the differences
in value of the same features in the subject property. For example, if
a house of the same size on the same street and in the same condition as
the subject property recently sold for $200,000, but this 'comparable'
had a triple garage and a finished basement and the 'subject' does not;
the appraiser calculates the market value of these features (say, $12,000
in total) and deducts this amount from $200,000, giving an 'adjusted value'
of $188,000. This is usually done with at least three 'comparables' and
either averaged or the middle ('median') value used.
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Depreciated
cost approach: This technique is a supporting measurement of
value used by many appraisers, whereby the land value is estimated and
added to an estimate of the depreciated building value. Where there are
few comparables available, relatively more weight might be given to this
method.
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Assessment
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The "assessed" value of a
property is a historical, static estimate of the value of your property
used by a municipal (local) government as a basis for calculating annual
property taxes. An "assessment notice" from the municipality contains the
"assessed value" and when multiplied by the current "mill
rate" the property taxes for the year can be calculated. In some municipalities,
the mill rate is provided on the assessment notice and in others it is
provided separately
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Assignment of Interest
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Most Provinces allow a legal
assignment of interest in a mortgage to have full legal effect without
having to discharge and re-register the existing one. This is particularly
useful in:
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Switch situations, where the costs
of transferring lenders would otherwise be very high.
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Second mortgage situations where
a postponement may be difficult to obtain.
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Assumable Mortgage
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The A mortgage which a qualified
buyer can take over from the current owner of a property upon its sale.
Assuming a mortgage can provide a buyer with a below market interest rate,
(if rates are now higher), as well as saving on the legal costs of creating
and registering a whole new mortgage. "Assumption" entails a simple amendment
to the mortgage document registered on title (see "switch").
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Blend and Extend
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A closed
mortgage can often be "opened" for the purpose of extending the term.
Most lenders will blend the penalty for breaking (usually an Interest
Rate Differential) with the rate for the new extended term. The idea
is to get a lower rate and protect against rate increases in the future
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Buy-down
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"Paying down" the mortgage
rate by paying the lender a premium at time of funding. This is often used
as a marketing feature by new home builders, particularly on high ratio
second mortgages.
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Buyer's Agent
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A Realtor who acts contractually
on behalf of the buyer. Traditionally, and still in most cases, the Realtor
is the Agent of the Sellers and is paid by them out of the proceeds of
the sale. A Buyer's Agency Agreement allows a Realtor (with full disclosure
to the sellers or their agent) to negotiate on behalf of the buyer, with
no legal conflict of interest. The seller still pays the Buyer's Agent
fees, but this is always spelled out and acknowledged in the Offer to Purchase.
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Canada Mortgage and
Housing Corporation (CMHC)
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A federal crown corporation
which administers the "National Housing Act" (NHA), and through which all
federal housing policies and programs are implemented.
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Cap Rate
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The highest rate that a borrower
will pay within a defined time period. Examples are; the rate committed
on a commitment letter or a mortgage pre-qualification
(also known as a "rate hold"); or the maximum rate that will be paid by
the borrower during the term of a "protected
variable rate
mortgage". A lender will usually have to incur a cost to insure against
rate increases during the capping period. This insurance is called a "hedge".
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Closing
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The final exchange of consideration
and legal completion of a transaction, involving either a house purchase,
a mortgage registration, or both.
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Closed Mortgage
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A mortgage whose terms state
that it cannot be paid out, even with a penalty, unless the lender agrees.
In some cases, a closed mortgage may be discharged at a defined cost, usually
Interest
Rate Differential (IRD), but sometimes with a punitive penalty such
as full interest to maturity.
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Commitment Letter
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A written commitment from
a lender to lend mortgage funds to specific borrowers as long as certain
conditions are met within a specified time period before closing.
A key component of the commitment, particularly in a period of volatile
interest rates, is the "rate hold", where a lender may "cap" a rate for
a defined period, such as 60 days or 90 days. Commitments on financing
for new homes, which usually have longer closing dates, can be negotiated
between the lender and the builder and be held for as long as 6 months,
and even a year.
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Compliance Letter
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Required in many municipalities
throughout Canada before a property transfer can take place. This is an
acknowledgement from the building department that the property either has,
or is clear of outstanding work-orders. Work-orders are specific clean-up
or fix-up requirements that the owner must complete, particularly before
a transfer of ownership.
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Connection Charges
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Some local utility companies
(hydro, gas, oil) charge a fee on closing to connect
new buyers up to their service. More normal, however, is an extra charge
on the first billing.
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Conventional Mortgage
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A mortgage usually amounting
to 75% (Loan to Value ratio) or less of the value of the property.
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Convertible Mortgage
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This allows you to convert
your mortgage to a new one of longer term while it is still in effect.
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Credit Report
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A record of an individual's
payment history available at a credit bureau. Individuals can order a copy
of their own report by contacting their local bureau.
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Default
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Failure to make monthly mortgage
payments as agreed, or to meet certain other terms of a mortgage agreement.
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Double-Up
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This feature (not offered by all
lenders) allows you to double up your mortgage payments anytime without
penalty. This feature is often associated with the ability to "skip" an
equivalent number of payments. This can be used either to accelerate the
pay-off of a mortgage (as it is an enhanced
prepayment
privilege) or to manage a volatile cash flow. For example, commission-based
individuals such as Realtors could "double-up" with each commission cheque,
and "skip" during low cash flow periods.
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Down Payment
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The amount of cash paid towards the
purchase transaction by the buyer of a home. This is also known as the
purchaser's initial "equity" in the property.
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Equity
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The difference between the
value for which you could sell your property and what is owed against it.
There is an important distinction from "down payment"
to a lender. For example, if a buyer purchases a home without a down payment,
he/ she can have "equity" if the value of the property quickly goes up.
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First Mortgage
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First Mortgage A mortgage registered
before all others on title. Gives the lender a primary lien/charge
against your house and property that has precedence over all other mortgages.
Priority is determined by the date and time registered, so a first mortgage
was literally and legally registered "first". A new first mortgage can
therefore only be registered as a "first" mortgage upon the discharge of
an existing one if the holder of a second mortgage "postpones" (i.e., "puts
back in time") to a time immediately following the registration of the
new first mortgage.
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Five-Percent Down Program
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This allows buyers to obtain
up to 95% financing on properties up to a certain value. The loan must
be insured against default by GE
Capital Mortgage Insurance Corporation or CMHC
(Canada Mortgage and Housing Corporation). This maximum home value will
vary according to location (local Realtors should know the applicable limit)
and eligibility can vary with personal circumstances.
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GE Capital Mortgage
Insurance Corporation
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Canada's only private mortgage
insurer. For more details see Mortgage Insurance.
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Gross Debt Service Ratio
(GDS)
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The percentage arrived at
by dividing your monthly shelter costs (principal, interest, property taxes,
heating and half of condo fees) by your gross monthly income and multiplying
by 100. This is used by all lenders as a yardstick by which to measure
the ability of a borrower (or borrowers) to make mortgage payments. For
example, most lenders require that this ratio be no more than 32% for a
particular application, while others allow higher limits. This is also
the maximum qualifying GDS for most default
insurance applications.
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High-Ratio Mortgage
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A mortgage which is greater
than 75% (Loan To Value ratio) of the value
of the property. Normally requires insurance to be paid to protect the
lender. (see Mortgage Insurance)
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Home Inspection Report
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A report commissioned by
a property owner or purchaser, usually to verify the condition of a property
prior to the "firming up" of a Real Estate transaction. The scope and detail
may vary, but most reports indicate the specific problem and the cost to
repair. Unfortunately, no licensing is required, and this service is not
specifically regulated other than by general consumer protection legislation.
The best safeguard against inadequate work is to ask for the resume of
the Inspector, and if possible check references from previous customers.
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Interest Rate Differential
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A penalty for early prepayment
of all or part of a mortgage outside of its normal prepayment terms. This
is usually calculated as "the difference between the existing rate and
the rate for the term remaining, multiplied by the principal outstanding
and the balance of the term".
Example.
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$100,000 mortgage at 9% with 24
months remaining.
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Current 2 year rate is 6.5%.
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Differential is 2.5% per annum.
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IRD is $100,000 * 2 years * 2.5%
p.a. = $5,000.
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Land Transfer Tax (LTT)
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A tax payable to the Provincial
Government by the purchaser upon the transfer of title from a seller.
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Lien
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This is a claim made against
a property for the payment of a debt or obligation related to the property
or its owners.
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Loan-to-Value Ratio
(LTV)
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The percentage of the value
of the property for which a mortgage is required. This ratio is important
in determining whether or not default insurance is required, and if so,
what the cost of that insurance will be (see "Mortgage
InsuranceM") For example, if the property value is $200,000, the down
payment available is $20,000 and the required mortgage is $180,000. The
LTV is $180,000/$200,000 or 90%.
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Mill Rate
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A rate that multiplies by
each one thousand dollars of property assessment to give the annual real
estate taxes.
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Mortgage Broker
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A registered agent who negotiates
with lenders on behalf of a borrower to obtain the best overall mortgage
for that borrower's circumstances. Mortgage Brokers are particularly useful
in financing "non standard" situations which cannot be funded by a major
national lender. This is possible because a Mortgage Broker has access
to lenders who do not advertise nationally or operate retail locations.
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Mortgagee
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Also known as the "lender"
— the funder and holder of the mortgage.
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Mortgage Insurance
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If your down payment is less
than 25% of the purchase price of the property, the lender is going to
require either private mortgage insurance or public mortgage insurance
through GE Capital Mortgage Insurance Corporation
or Canada Housing and Mortgage Corporation (CMHC).
The fee is calculated as a percentage of your mortgage. This is known as
default insurance. (Please note that INVIS will calculate this amount for
you automatically if your mortgage falls into this category.)
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Multiple Listing Service
(MLS)
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A service of a local Real
Estate Board which publishes and exchanges details of properties registered
with them. While this used to be for the exclusive use of registered Realtors,
it is now possible for a private individual to "list" a property without
committing to pay a Realtor a "listing commission" if the property sells.
The majority of properties sold in Canada are sold through the local MLS.
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Municipal Levies
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Special levies can be charged
by municipalities to recover the cost of special services, if these services
cannot, for some reason, be funded out of general revenues, or apply primarily
to home buyers. Examples: Water meter installation; road improvements,
sewer improvements.
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Open Mortgage
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This allows you to pay back
the borrowed funds without notice or penalty. There are two types of open
mortgages:
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Fixed
rate mortgages; the term is usually fairly short (6 months to
a year) and the interest rate will be higher than on a closed
mortgage.
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Variable
Rate Mortgages (VRM's) are usually open (and are "collateral"
type mortgages) but recently, several institutions have introduced closed
versions.
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PITH
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Principal,
Interest, Taxes, Heating and half of Condo Fees, if applicable. Otherwise
known as your "shelter expenses". This is a basic component of the ratios
used to determine whether or not you qualify.
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Portable
Mortgage
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A mortgage which allows you
to transfer the amount and terms over to a new property without cost or
penalty. The mortgage will, of course, have to be registered on title of
the new property, so strictly speaking it is not identical in all respects.
While most mortgages have a portability feature, in the event you might
need more money when you transfer the mortgage over to the new property,
make sure you either have the right to blend in any new funds required,
or can arrange the additional funds separately.
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Prepayment
Privilege(s)
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The right to repay periodically
more than the scheduled principal payment. Historically this was limited
to a single annual payment on the anniversary date of no more than 10%
of the original principal. In recent years, however, prepayment privileges
have become more lenient, reflecting peoples' desire to pay their mortgages
off on an accelerated basis. See also Double-Up.
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Prepayment
Penalty
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If your mortgage is not fully
open, you may be charged a penalty if you want to pay off all or part of
your mortgage before the end of the fixed term. The normal prepayment penalty
is the greater of three months' interest or the Interest
Rate Differential (IRD) on the amount to be prepaid. CMHC
(for insured mortgages) and a few of the major lenders set the maximum
penalty at 3 months interest after the mortgage has been in effect for
three years, regardless of the number of times it has been renewed.
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Principal
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The amount of money owing
on your mortgage, including accrued unpaid interest.
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Refinance
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Obtaining a new mortgage
on an existing property. You might be looking for more money, a better
rate, or different prepayment terms.
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Registration
Fees
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Fees paid to the provincial
government for recording a title transfer, mortgage registration or other
instrument such as an Assignment or Lien with the local
authorities.
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Registered
Retirement Savings Plan (RRSP)
A Federal Plan which
allows a taxpayer to contribute approximately 18% of earned income — to
a maximum of $13,500 into a retirement plan "tax free". If the taxpayer
has already paid tax on personal income, then the RRSP contribution (which
can be made until March 1st of the year following the year in which the
income was earned and taxed) can result in a significant tax rebate.
Since RRSP's can be caught up retroactively, this facility and the large
cash refunds it can generate are central to numerous Realtor-driven programs
designed for first time buyers.
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Simple
Interest
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Interest which is computed
only on the principal balance. It is not compounded
by calculating interest payable on accrued interest.
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Survey
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The legal written and/ or
mapped description of the location and dimensions of your land. The survey
should also show the dimensions and placement on the lot of any structure,
including additions such as pools, sheds and fences. An up-to-date survey
is often required by a lender as part of the mortgage transaction.
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Switch
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This is the term almost universally
applied to changing lenders at the end of a term, when the mortgage becomes
"open". Most lenders will now pay all of the costs of a "switch." (as well
as giving them a reduced rate to lure them away from a competitor)
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Tax Certificate
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At the time of a sale, the
lawyer for the buyer must confirm that local taxes have been paid up to
date. If they are, a Tax Certificate is issued, from which any adjustments
can be made — usually requiring the buyer to compensate the seller for
any prepaid taxes. If they are not up to date, the municipality requires
that the seller pay them off from the proceeds of the sale. If there are
insufficient proceeds, then it may fall upon the buyer to pay them.
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Title
Insurance
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Insurance offered by Title
Companies to protect a landowner, and thus the mortgage lender against
any "clouds" or legal questions on the title to the real estate, or of
legal priority of the mortgagee.
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Total
Debt Service Ratio (TDS)
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The percentage arrived at
by dividing your monthly shelter costs (principal,
interest, property taxes, heating and half of condo fees) PLUS all other
monthly debt obligations by your gross monthly income and multiplying by
100. This is used by all lenders as the "upper limit" yardstick by which
to measure the ability of a borrower (or borrowers) to make mortgage payments.
For example, most lenders require that this ratio be no more than 40% for
a particular application, with some as low as 37%. 40% is also the maximum
qualifying TDS in most applications for default insurance.
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Undertaking
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This is a promise by a Lawyer
to ensure that certain conditions (usually of the lender) are met (usually
after closing, due to time constraints). The best
example is the undertaking to register a discharge of an old first
mortgage after the new one has been registered, because there is simply
not enough time to do so at closing. It also governs such closing dynamics
as releasing funds before a new mortgage document is officially registered.
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Underwriting
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The process of deciding whether
or not to lend you money (or how much to lend you) based on all the information
you have given the lender. Every lender has a different underwriting process
and lending criteria which differ to some (usually small) extent from other
lenders.
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Variable Rate Mortgage
(VRM)
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The interest rate is usually
compounded monthly and fluctuates with the prime rate at the chartered
banks. In most, but not all cases, the VRM is fully open.
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Verification of Employment
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The lender will sometimes
contact an applicant's employer in order to verify information provided
in a mortgage application or a job letter; your income structure, length
of employment, position, and so on.
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Work Orders
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Municipal by-laws ("zoning"
by-laws) require among other things that residential property be maintained
in a safe and habitable condition, and that a property's use conform to
specific requirements (no illegal basement apartments, satellite antenna,
etc.).
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