Words to know when buying a home:
Welcome to our comprehensive guide on common mortgage and legal terms! Navigating the world of mortgages can be daunting, especially with the myriads of terms and jargon involved. This webpage aims to demystify these terms, providing clear and concise definitions to help you better understand the mortgage process. Whether you’re a first-time homebuyer or looking to refinance, having a solid grasp of these terms will empower you to make informed decisions.
Please note that the information provided here is for educational purposes only and should not be construed as legal advice. While we strive to ensure the accuracy of the content, it is always advisable to consult with a qualified legal professional for specific legal concerns or questions related to your mortgage.
If you have any questions or need further clarification on any of the terms listed, please feel free to contact me. I’m here to help you navigate your mortgage journey with confidence and ease.
Adjustable Mortgage Interest Rate
With an adjustable-rate mortgage, both the interest rate and the mortgage payment can change over time. These changes are influenced by market conditions, which means your payments could increase or decrease. This type of mortgage offers flexibility, allowing you to potentially benefit from lower interest rates. However, it also comes with the risk of higher payments if interest rates rise significantly. It’s important to consider your financial situation and risk tolerance when choosing this type of mortgage. Understanding how market conditions can impact on your payments will help you make an informed decision and manage your mortgage effectively.
Amortization
With an adjustable-rate mortgage, both the interest rate and the mortgage payment can change over time. These changes are influenced by market conditions, which means your payments could increase or decrease. This type of mortgage offers flexibility, allowing you to potentially benefit from lower interest rates. However, it also comes with the risk of higher payments if interest rates rise significantly. It’s important to consider your financial situation and risk tolerance when choosing this type of mortgage. Understanding how market conditions can impact your payments will help you make an informed decision and manage your mortgage effectively.
Appraisal
An estimate of the current market value of a home reflects what a buyer might pay for the property in the current market. This valuation considers factors like location, condition, and recent sales of similar homes. It’s a crucial figure for both buyers and sellers, helping to set realistic expectations and guide financial decisions.
Appraiser
An appraiser determines the exact value of a home, ensuring you don’t overpay. They conduct a thorough inspection of the property and analyze comparable sales in the area to provide an accurate market value. This assessment helps you make informed decisions and negotiate a fair price. By understanding the true worth of the home, you can avoid overpaying and ensure a sound investment.
Appreciation
The increase in value of something because it is worth more now than when you bought it is known as appreciation. This can occur with assets like real estate, stocks, or collectibles. Appreciation reflects the rise in market value over time, often influenced by factors such as demand, economic conditions, and improvements to the asset.
Approved Lender
A lending institution, such as a bank, authorized by the Government of Canada to make loans under the National Housing Act. Only Approved Lenders can offer CMHC-insured mortgages, ensuring compliance with federal standards. These lenders provide mortgage options that meet specific criteria, offering borrowers access to insured loans with potential benefits like lower down payments and competitive interest rates.
Assumption Agreement
A legal document that requires a person buying a home to assume responsibility for the mortgage of the home builder or previous owner is known as an assumable mortgage. This allows the new buyer to take over the existing loan under the same terms, potentially benefiting from lower interest rates and avoiding new loan origination fees.
Certificate of Status
Also called an Estoppel Certificate, it outlines a condominium corporation’s financial and legal state. This document provides essential information about the condo’s financial obligations, legal issues, and operational aspects. Fees for obtaining this certificate may vary and can be capped by law, although this does not apply in Quebec.
Closed Mortgage
A mortgage that cannot be prepaid or renegotiated before the end of the term without the lender’s permission and an interest penalty is known as a closed mortgage. This type of mortgage typcomey offers lower interest rates but comes with restrictions on early repayment or changes, ensuring the lender receives the expected interest over the term.
Closing Costs
The costs you pay in addition to the purchase price of a home on the day you officially own it include legal fees, transfer fees, and disbursements. These closing costs typically range from 1.5% to 4% of the purchase price, covering various necessary expenses to complete the home purchase.
Closing Date
The closing date is when the sale of a property becomes final, and the new owner takes possession. This date marks the official transfer of ownership from the seller to the buyer, completing the transaction. All necessary documents are signed, and any remaining funds are paid, ensuring the new owner can move into their new home.
CMHC
Canada Mortgage and Housing Corporation (CMHC) is a Crown corporation that administers the National Housing Act for the federal government. It aims to improve housing and living conditions for all Canadians. CMHC also develops and sells mortgage loan insurance, providing protection to lenders against borrower default. This insurance helps Canadians access mortgage financing at competitive rates, supporting the stability and efficiency of the housing market.
Compound Interest
Interest calculated on both the principal and the accrued interest is known as compound interest. This means that interest is added to the initial principal, and future interest calculations are based on this new total. Over time, this can significantly increase the amount of interest earned or owed, as it compounds both the original amount and the accumulated interest.
Conditional Offer
An Offer to Purchase a home that includes one or more conditions that must be met before the sale is official is known as a conditional offer. These conditions can include obtaining a mortgage, passing a home inspection, or selling the buyer’s current home. The sale is only finalized once all specified conditions are satisfied, ensuring both parties’ requirements are met.
Condominium / Strata
You own the unit you live in, whether it’s a high-rise, low-rise, or townhouse, and share ownership rights for the common areas of the building with other owners in the development. This shared ownership includes spaces like hallways, gyms, and gardens, ensuring all residents contribute to the maintenance and enjoy the communal facilities.
Contractor
A construction manager is responsible for the overall construction of a home, including purchasing materials, scheduling tasks, ensuring quality workmanship, and managing subcontractors and suppliers. They oversee the entire project from start to finish, coordinating various aspects to ensure the construction is completed on time, within budget, and to the required standards.
Conventional Mortgage
A conventional mortgage is a home loan not insured or guaranteed by a government agency. These loans are offered by private lenders and typically require higher credit scores, and down payments compared to government-backed loans. Conventional mortgages can be conforming, meeting the standards of Fannie Mae or Freddie Mac, or non-conforming, which do not meet these standards.
Counteroffer
If your original offer to the vendor is not accepted, the vendor may counteroffer. A counteroffer typically modifies aspects of the original offer, such as the price or closing date. This allows negotiations to continue until both parties reach an agreement. The counteroffer process helps ensure that the terms are mutually acceptable before finalizing the sale.
Credit Bureau
A credit reporting agency collects information from various sources and provides credit information on a person’s borrowing and bill-paying habits. This helps lenders assess whether to lend money to the person. These agencies compile data on credit history, payment patterns, and outstanding debts, offering a comprehensive view of an individual’s creditworthiness to potential lenders.
Credit Report
A credit report is the document a lender uses to determine your creditworthiness for getting a mortgage. It includes your credit history, payment patterns, and outstanding debts. Lenders review this report to assess your ability to repay the loan, helping them decide whether to approve your mortgage application and what terms to offer.
Curb Appeal
Curb appeal refers to how attractive a home looks from the street. A home with good curb appeal features attractive landscaping, a well-maintained exterior, and thoughtful decorative touches. These elements create a welcoming and appealing first impression, enhancing the overall appearance and value of the property.
Deed
A deed is a legal document signed by both the vendor and purchaser to transfer ownership of a home. This document outlines the terms of the sale and is essential for legally recording the change in ownership. Once signed and notarized, the deed is typically filed with the local government to officially document the transfer.
Default
Failing to abide by the terms of a mortgage loan agreement, known as defaulting, occurs when you miss mortgage payments. If you default on your mortgage, your lender can take legal action to repossess your home. This process, called foreclosure, allows the lender to sell the property to recover the outstanding loan balance.
Delinquency
Failing to make a mortgage payment on time can lead to late fees and negatively impact your credit score. If the payment is more than 15 days late, you’ll incur a late fee. After 30 days, the missed payment is reported to credit bureaus, which can lower your credit score and potentially lead to further financial consequences.
Deposit
Money placed in trust by a home buyer when making an Offer to Purchase a home is known as a deposit. This deposit is held by the real estate representative or lawyer/notary until the sale is complete. It demonstrates the buyer’s commitment to the purchase and is applied towards the purchase price upon closing. If the sale falls through, the terms of the agreement will determine whether the deposit is refunded.
Down Payment
The portion of the price of a home that is not financed by the mortgage loan is known as the down payment. This amount must be paid out of your own savings or other eligible sources before you can obtain a mortgage. The down payment reduces the loan amount needed and demonstrates your financial commitment to the purchase, often influencing the terms and interest rates of the mortgage.
Equity
Equity is the difference between the price for which a home could be sold, and the total debts registered against it. Equity typically increases as the mortgage is reduced through regular payments. Additionally, market values and improvements to the property can also affect equity. As these factors change, the amount of equity in the home can grow, providing homeowners with greater financial leverage and potential profit upon sale.
Estoppel Certificate (or certificate of status)
A status certificate, also known as an estoppel certificate, outlines a condominium corporation’s financial and legal status. This document provides essential information about the condo’s financial health, reserve funds, bylaws, rules, and any pending legal actions. It helps potential buyers make informed decisions by offering a comprehensive view of the condominium’s current state and any potential liabilities or obligations.
Fixed Mortgage Interest Rate
A fixed-rate mortgage offers a locked-in interest rate that will not increase for the term of the mortgage. This provides stability and predictability in your monthly payments, as the interest rate remains constant regardless of market fluctuations. Borrowers can budget more effectively, knowing their mortgage payments won’t change over time, making it a popular choice for those seeking financial security.
Foreclosure
Foreclosure is a legal process where a lender takes possession of your property if you default on a loan. The lender then sells the property to recover the unpaid debts. This process allows the lender to recoup their losses from the defaulted loan. Foreclosure can be judicial or non-judicial, depending on state laws, and typically involves several steps, including notices and a public auction.
Gross Debt Service Ratio (GDS)
The percentage of gross income allocated for payments of principal, interest, taxes, and heat (P.I.T.H.) includes 50% of condominium maintenance fees or 100% of the annual site lease for leasehold tenure. This calculation helps determine the affordability of housing costs relative to income, ensuring that homeowners can manage their financial obligations without overextending themselves. It is a crucial factor in mortgage approval and financial planning.
High-Ratio Mortgage
A high-ratio mortgage is a type of mortgage where the down payment is less than 20% of the purchase price of the home. This means the loan-to-value (LTV) ratio is higher than 80%.
For example, if you’re buying a home for $500,000 and you put down $50,000 (which is 10%), your mortgage amount would be $450,000. This results in a high-ratio mortgage because the LTV ratio is 90%.
High-ratio mortgages typically require mortgage default insurance (like CMHC insurance in Canada) to protect the lender in case the borrower defaults on the loan. This insurance adds to the overall cost of the mortgage.
Home Inspector
A home inspector examines a property to identify any broken, unsafe, or outdated elements that need replacement. They assess the home’s condition and can often reveal past major issues. This inspection helps potential buyers make informed decisions by highlighting necessary repairs and safety concerns, ensuring the property meets standards before purchase. It’s a crucial step in the home-buying process for peace of mind and financial planning.
Insurance Broker
An insurance broker assists you in selecting and purchasing various types of insurance, such as property insurance and mortgage loan insurance. They provide expert advice, compare policies from different providers, and help you find the best coverage to meet your needs. By leveraging their knowledge and connections, brokers ensure you get the most suitable and cost-effective insurance solutions. This guidance is invaluable for making informed decisions and protecting your assets.
Interest
The cost of borrowing money is known as interest. It is typically paid to the lender in regular installments, along with the repayment of the principal amount (the original loan). Interest compensates the lender for the risk and opportunity cost of lending money. The rate of interest can vary based on factors like creditworthiness, loan type, and market conditions. Understanding interest is crucial for managing loans effectively.
Land Surveyor
If the home seller lacks a Survey or Certificate of Location, or if their survey is over five years old, you will likely need to hire a surveyor (with the seller’s permission) before obtaining a mortgage. Your real estate agent can assist in coordinating this survey with the current homeowner. This step ensures the property boundaries are accurately documented, which is crucial for mortgage approval and avoiding future disputes.
Lawyer
A lawyer (or notary in Quebec) safeguards your legal interests and reviews contracts. They ensure that all agreements are fair and legally sound, providing expert advice to protect your rights. Lawyers can also represent you in legal matters, offering comprehensive support throughout the process. In Quebec, notaries perform similar functions, focusing on non-contentious legal affairs. Their expertise is crucial for navigating complex legal documents and transactions.
Lender
Lenders provide mortgages to help you purchase a home. These lenders can be banks, trust companies, credit unions, caisses populaires, pension funds, insurance companies, and finance companies. By offering these loans, they enable you to spread the cost of buying a home over time, making homeownership more accessible. Each type of lender may offer different terms and conditions, so it’s important to compare options to find the best fit for your needs.
Lump Sum Payment
A lump sum payment is an extra payment made to reduce the principal balance of your mortgage, potentially with or without a penalty. These payments can significantly shorten the life of your mortgage and save you money on interest costs over time. By reducing the principal, you lower the amount of interest charged, making it a strategic way to manage and pay off your mortgage more quickly.
Maturity Date
The last day of the mortgage term is when the loan must be either paid in full or renewed. This date marks the end of the agreed-upon period for your current mortgage terms. If you cannot pay off the mortgage in full, you will need to negotiate a renewal with your lender, potentially with new terms and interest rates. It’s a crucial moment for planning your financial future and managing your mortgage obligations.
MLS (Multiple Listing Service)
Canada’s realtors offer a service that provides descriptions of most homes for sale across the country. This service, available on platforms like REALTOR.ca, allows potential buyers to browse detailed listings, including photos, prices, and property features. It helps streamline the home-buying process by giving access to a comprehensive database of available properties, making it easier to find a home that fits your needs and preferences.
Mortgage
A mortgage is a security interest in the property you are purchasing, ensuring repayment of the related loan. This security interest is discharged once the principal and interest are fully paid, as outlined in the mortgage document. Essentially, the property serves as collateral for the loan, providing the lender with a claim to the property if you default. In Quebec, mortgages are referred to as “hypothecs.” Understanding these terms is crucial for navigating the home-buying process and managing your financial obligations effectively.
Mortgage Default Insurance
Mortgage loan insurance protects your lender against default. If your mortgage exceeds 80% of the property’s value, your lender will likely require this insurance from CMHC or a private company. This insurance mitigates the lender’s risk, allowing you to secure a mortgage with a smaller down payment. It ensures that the lender is covered if you fail to repay the loan, making homeownership more accessible while safeguarding the lender’s investment.
Mortgage Life Insurance
Mortgage life insurance can protect your family by paying off your mortgage if you die. This type of insurance ensures that your loved ones won’t have to worry about mortgage payments during a difficult time. The policy typically covers the remaining balance of your mortgage, providing financial security and peace of mind. It’s an important consideration for homeowners who want to safeguard their family’s home and financial stability.
Mortgage Payment
A regularly scheduled payment, often called a blended payment, includes both principal and interest. This type of payment structure ensures that you gradually pay down the loan amount (principal) while also covering the cost of borrowing (interest). Blended payments are common in mortgages, making it easier to manage your finances by combining these two components into a single, consistent payment. This approach helps in systematically reducing the loan balance over time.
Mortgage Professional/Mortgage Brokers
A mortgage professional or broker’s job is to find you a lender with the best terms and rates to suit your needs. They act as intermediaries between you and potential lenders, comparing various loan options to ensure you get the most favorable deal. By leveraging their expertise and network, brokers help simplify the mortgage process, making it easier for you to secure financing for your home purchase.
Net Worth
Your financial worth, or net worth, is calculated by subtracting your total liabilities (everything you owe) from your total assets (everything you own). This figure provides a snapshot of your financial health, indicating whether you have more assets than debts. A positive net worth means your assets exceed your liabilities, while a negative net worth indicates the opposite. Regularly calculating your net worth helps you manage your finances and plan for the future.
New Home Warranty Program
Every province and the Yukon Territory have programs guaranteeing that any defects in a new home will be repaired if the builder fails to do so. These programs ensure that homeowners are protected against construction defects. However, there are currently no such programs in Nunavut or the Northwest Territories. This warranty provides peace of mind for new homeowners, ensuring their investment is safeguarded.
Notary
In Quebec, a notary handles all legal matters related to home buying. In most other provinces, a notary’s role is limited to administering oaths, certifying documents, and attesting to the authenticity of signatures. They cannot provide legal advice in their capacity as a notary. This distinction is important for understanding the different roles notaries play across Canada and ensuring you seek the appropriate legal assistance when buying a home.
Offer to Purchase
A written offer outlines the terms under which a buyer agrees to purchase a home. If the seller accepts this offer, it transforms into a legally binding contract. This document specifies the price, conditions, and timelines for the transaction, ensuring both parties are clear on the agreement. It’s a crucial step in the home-buying process, providing a formal commitment from both the buyer and seller.
Open Mortgage
An open mortgage allows you to prepay, pay off, or renegotiate the loan at any time without an interest penalty. This flexibility comes with a higher interest rate compared to a closed mortgage with an equivalent term. Open mortgages are ideal for those who anticipate having extra funds to pay down their mortgage early, offering the freedom to manage their payments without additional costs.
Operating Costs
Monthly homeownership expenses include property taxes, property insurance, utilities, and maintenance and repairs. These costs are essential to budget for, as they ensure the upkeep and protection of your property. Property taxes are based on your home’s value, while insurance covers potential damages. Utilities like water, electricity, and gas are necessary for daily living, and regular maintenance prevents costly repairs. Properly managing these expenses is crucial for maintaining your home’s value.
Principal
The amount you borrow for a loan is called the principal. This is the initial sum of money that you agree to repay, typically with interest, over a specified period. The principal amount does not include any interest or fees that may accrue over the life of the loan. Understanding the principal is crucial for managing your loan repayments and calculating the total cost of borrowing.
Property Insurance
Home insurance protects you if your home or building is destroyed or damaged by fire or other hazards listed in the policy. This coverage ensures that you can repair or rebuild your property without bearing the full financial burden. It typically includes protection for the structure, personal belongings, and sometimes additional living expenses if you need to temporarily relocate. Having home insurance provides peace of mind and financial security.
Property Taxes
Property taxes are charged by the municipality where a home is located, based on the home’s value. These taxes fund local services such as schools, infrastructure, and public safety. The amount you pay is determined by the assessed value of your property and the local tax rate. Property taxes are an ongoing expense for homeowners and can vary significantly depending on the location and value of the property.
Real Estate Agent/Realtor
A real estate agent assists you in finding a home, making an offer, and negotiating the best price. They provide expert guidance throughout the home-buying process, ensuring you get the most favorable terms. By leveraging their market knowledge and negotiation skills, real estate agents help you navigate the complexities of purchasing a property, making the experience smoother and more efficient.
Reserve Fund
Setting aside money regularly for emergencies or major repairs is crucial. It’s recommended to save around 5% of your monthly income for such situations. This emergency fund acts as a financial buffer, helping you manage unexpected expenses without resorting to high-interest loans or credit cards. Having this safety net ensures you’re prepared for unforeseen events, providing peace of mind and financial stability.
Survey / Certificate of Location
A property survey is a document that shows the legal boundaries and measurements of a property. It specifies the location of any buildings and indicates whether anyone else has the right to cross over your land for a specific purpose. This survey ensures accurate property descriptions and helps prevent disputes by clearly defining property lines and any easements.
Term
The mortgage term is the period during which the agreed-upon conditions, like the interest rate, are in effect. Terms typically range from six months to ten years. At the end of the term, you have the option to either pay off the mortgage or renew it, often with new terms and conditions. This flexibility allows borrowers to adjust their mortgage based on current financial circumstances and market conditions.
Title
A freehold title grants the holder full and exclusive ownership of land and buildings indefinitely. In contrast, a leasehold title provides the right to use and occupy the land and buildings for a specified period. This distinction is crucial in real estate, as it affects the duration and extent of ownership rights. Freehold offers permanent ownership, while leasehold is temporary, based on the lease agreement’s terms.
Title Insurance
Title insurance protects property owners and lenders from financial loss due to defects in the title of real property. These defects can include issues like liens, encumbrances, or other matters affecting the legal ownership of the property. By covering these risks, title insurance ensures that owners and lenders are safeguarded against potential claims or disputes over the property’s title, providing peace of mind and financial security.
Total Debt Service Ratio (TDS)
The percentage of gross income allocated for payments of principal, interest, taxes, and heat (P.I.T.H.), along with other debt obligations, is a crucial metric. It helps determine the affordability of a mortgage and ensures that borrowers can manage their monthly financial commitments. Lenders typically use this percentage to assess the borrower’s ability to repay the loan without financial strain. This calculation is essential for both lenders and borrowers in the mortgage approval process.