Key Takeaways
- Subordination is a legal process that changes lien priority, allowing a new first mortgage to take precedence over an existing HELOC or second lien
- Lien priority (1st, 2nd, 3rd position) determines the order creditors are paid in foreclosure; first liens have lowest risk and typically lowest rates
- Discount points buy down the interest rate (1 point = 1% of loan amount for ~0.25% rate reduction) while origination points cover lender processing costs
- APR includes the interest rate plus most loan fees spread over the term, making it higher than the note rate and useful for comparing loan offers
- LTV measures single loan vs. value, CLTV includes all liens, and HCLTV uses full credit limits; DTI compares monthly debt payments to gross income
- The secondary market (Fannie Mae, Freddie Mac, Ginnie Mae) purchases loans from originators, providing liquidity; securitization packages loans into mortgage-backed securities (MBS)
Mortgage Industry Terminology
Understanding mortgage industry terminology is essential for MLO exam success and effective communication with borrowers, lenders, and other industry professionals. This section covers key terms across loan mechanics, financial calculations, market operations, and disclosures.
Loan Terms
Subordination
Subordination is a legal process that changes the priority of liens on a property. When a borrower wants to refinance their first mortgage but has an existing HELOC or second lien, the second lienholder must agree to remain in junior position.
| Scenario | What Happens |
|---|---|
| Without Subordination | New loan would become 2nd lien (higher risk/rate) |
| With Subordination | Existing 2nd lien agrees to stay behind new 1st |
| Subordination Agreement | Legal document signed by junior lienholder |
Why Subordination Matters:
- First lien position is critical for loan pricing
- Secondary market investors require first lien position
- Junior lienholders may refuse or require compensation
Lien Priority
Lien priority determines the order in which creditors are paid when a property is sold or foreclosed. Priority is generally determined by recording date.
| Position | Also Called | Risk Level | Interest Rate |
|---|---|---|---|
| 1st Lien | Senior lien | Lowest | Lowest |
| 2nd Lien | Junior lien | Moderate | Higher |
| 3rd Lien | Third position | Highest | Highest |
Example: A property sells for $250,000 in foreclosure with:
- 1st mortgage: $200,000 owed → Receives $200,000
- 2nd mortgage: $60,000 owed → Receives $50,000 (remaining)
- 3rd lien: $20,000 owed → Receives $0
Escrow Accounts
An escrow account (also called impound account) is a savings account managed by the loan servicer to pay property taxes and insurance on behalf of the borrower.
| Component | Description |
|---|---|
| Monthly Deposits | Added to mortgage payment (T&I) |
| Annual Disbursements | Servicer pays taxes and insurance when due |
| Cushion | Up to 2 months extra allowed by RESPA |
| Annual Analysis | Servicer reviews and adjusts if needed |
Benefits:
- Ensures taxes and insurance are paid on time
- Prevents lien placement for unpaid taxes
- Spreads large annual costs into monthly payments
Who Requires Escrow:
- FHA loans: Required
- VA loans: Required
- Conventional: Required if LTV > 80% (varies by lender)
Rate Locks
A rate lock is a commitment from the lender to hold a specific interest rate for a set period while the loan is processed.
| Lock Period | Typical Availability |
|---|---|
| 15 days | Fast closings |
| 30 days | Standard purchase |
| 45-60 days | New construction, complex transactions |
| 90+ days | Extended locks (higher cost) |
Key Concepts:
| Term | Definition |
|---|---|
| Lock Date | When rate protection begins |
| Lock Expiration | When protection ends |
| Lock Extension | Extending protection (usually costs extra) |
| Float Down | Option to get lower rate if market drops |
| Relock | Locking again if lock expires (may be at higher rate) |
Financial Terms
Discount Points vs. Origination Points
Both are expressed as a percentage of the loan amount, but serve different purposes:
| Type | Purpose | Tax Treatment |
|---|---|---|
| Discount Points | Buy down interest rate | May be tax deductible |
| Origination Points | Lender compensation for processing | Part of closing costs |
Discount Points Example:
- Loan amount: $300,000
- 1 discount point = $3,000
- Typical rate reduction: 0.25% per point
- Rate goes from 6.5% to 6.25%
When to Pay Points:
| If You Plan To... | Points Strategy |
|---|---|
| Stay 5+ years | Points often worthwhile |
| Move within 3 years | Avoid paying points |
| Refinance soon | Avoid paying points |
APR vs. Interest Rate
These are often confused but measure different things:
| Metric | What It Measures | Includes |
|---|---|---|
| Interest Rate | Cost of borrowing principal | Just interest |
| APR | Total cost of credit | Interest + most fees |
APR Includes:
- Interest rate
- Discount points
- Origination fees
- Mortgage insurance (upfront)
- Most prepaid finance charges
APR Does NOT Include:
- Title insurance
- Appraisal fees
- Credit report fees
- Settlement/closing fees
Example:
| Loan | Interest Rate | APR |
|---|---|---|
| Loan A | 6.25% | 6.45% |
| Loan B | 6.50% | 6.55% |
Loan A has a lower rate but higher fees, making its APR closer to Loan B's.
Rule: APR is always equal to or higher than the interest rate.
LTV, CLTV, and HCLTV Ratios
These ratios measure loan amounts against property value:
| Ratio | Formula | Used For |
|---|---|---|
| LTV | First Lien / Property Value | PMI, pricing, eligibility |
| CLTV | All Liens / Property Value | Maximum leverage limits |
| HCLTV | All Liens + Full Credit Limits / Value | Risk assessment |
Example Calculation:
- Property value: $400,000
- First mortgage: $320,000
- HELOC limit: $40,000 (balance: $20,000)
| Ratio | Calculation | Result |
|---|---|---|
| LTV | $320,000 / $400,000 | 80% |
| CLTV | ($320,000 + $20,000) / $400,000 | 85% |
| HCLTV | ($320,000 + $40,000) / $400,000 | 90% |
DTI (Debt-to-Income) Ratio
DTI compares monthly debt payments to gross monthly income:
| DTI Type | Formula | Traditional Limit |
|---|---|---|
| Front-End | Housing Payment / Gross Income | 28% |
| Back-End | All Debts / Gross Income | 36% |
What Counts in Back-End DTI:
- Proposed housing payment (PITI)
- Car payments
- Student loans
- Credit card minimums
- Child support/alimony
- Other installment loans
DTI Example:
- Gross monthly income: $8,000
- Proposed PITI: $2,000
- Car payment: $400
- Student loans: $300
- Credit cards: $100
| Ratio | Calculation | Result |
|---|---|---|
| Front-End | $2,000 / $8,000 | 25% |
| Back-End | $2,800 / $8,000 | 35% |
Market Terms
Primary Market vs. Secondary Market
| Market | What Happens | Key Players |
|---|---|---|
| Primary Market | Loan origination (borrower gets funds) | Lenders, borrowers, MLOs |
| Secondary Market | Loans bought/sold after origination | Fannie, Freddie, investors |
Primary Market Activities:
- Taking loan applications
- Processing and underwriting
- Closing loans
- Initial funding
Secondary Market Benefits:
- Provides liquidity to lenders
- Allows lenders to make more loans
- Standardizes underwriting guidelines
- Reduces lender risk exposure
Securitization
Securitization is the process of pooling mortgages and selling them as mortgage-backed securities (MBS) to investors.
| Step | Description |
|---|---|
| 1. Origination | Lender makes loans to borrowers |
| 2. Pooling | Multiple loans combined into a pool |
| 3. Structuring | Pool converted to securities |
| 4. Sale | MBS sold to investors |
| 5. Servicing | Servicer collects payments, distributes to investors |
Benefits of Securitization:
- Lenders get capital to make more loans
- Investors get access to mortgage market
- Borrowers benefit from competitive rates
- Risk is spread across many investors
Fannie Mae, Freddie Mac, and Ginnie Mae
| Entity | Full Name | Role | Loan Types |
|---|---|---|---|
| Fannie Mae | Federal National Mortgage Association | Purchases conforming conventional loans | Conventional |
| Freddie Mac | Federal Home Loan Mortgage Corporation | Purchases conforming conventional loans | Conventional |
| Ginnie Mae | Government National Mortgage Association | Guarantees MBS backed by government loans | FHA, VA, USDA |
Key Differences:
| Feature | Fannie/Freddie | Ginnie Mae |
|---|---|---|
| Status | GSEs (government-sponsored enterprises) | Government agency (HUD) |
| MBS Guarantee | GSE guarantee | Full faith and credit of U.S. |
| Loan Types | Conventional conforming | Government (FHA, VA, USDA) |
| Underwriting | Own guidelines | Follows agency guidelines |
Why This Matters to MLOs:
- Loan guidelines come from these entities
- Conforming loan limits set by FHFA
- Selling to secondary market requires compliance
- Rate pricing influenced by MBS market
Disclosure Terms
Yield Spread Premium (Historical)
Yield Spread Premium (YSP) was compensation paid by lenders to brokers for originating loans at above-market rates. This practice was common before 2011.
| Aspect | Description |
|---|---|
| How It Worked | Higher rate = higher YSP payment to broker |
| Consumer Impact | Borrowers paid higher rates, sometimes unknowingly |
| Current Status | Prohibited by Dodd-Frank Act (2010) |
| Replaced By | Lender-paid compensation disclosed differently |
Current Rules:
- Loan originator compensation cannot vary based on loan terms
- Compensation must be disclosed
- Cannot receive compensation from both borrower and lender
Servicing Transfers
Servicing transfer occurs when the right to collect mortgage payments is sold from one servicer to another.
| Requirement | Description |
|---|---|
| Notice Timing | Must notify borrower at least 15 days before transfer |
| Notice Content | Date of transfer, new servicer contact info |
| Payment Protection | 60-day grace period for payments to wrong servicer |
| RESPA Protection | Servicer cannot charge late fees during grace period |
What Transfers:
- Payment collection
- Escrow account management
- Customer service responsibilities
- Loss mitigation duties
What Does NOT Transfer:
- Loan ownership (may be different entity)
- Loan terms (remain unchanged)
- Borrower obligations
Key Takeaways
- Subordination allows new first mortgages to take priority over existing junior liens
- Lien priority determines payment order in foreclosure (1st paid first)
- Escrow accounts collect monthly funds for taxes and insurance
- Rate locks protect borrowers from rate increases during processing
- Discount points reduce rates; origination points compensate lenders
- APR is always higher than interest rate because it includes fees
- LTV/CLTV/HCLTV measure different levels of property leverage
- DTI compares debt payments to income (front-end and back-end)
- Primary market is origination; secondary market is where loans are sold
- Securitization converts loan pools into mortgage-backed securities
- Fannie/Freddie buy conventional loans; Ginnie Mae guarantees government MBS
Quick Reference: Essential Mortgage Terms
| Term | Definition | Key Point |
|---|---|---|
| Subordination | Changing lien priority | Requires junior lienholder agreement |
| Discount Points | Prepaid interest to lower rate | 1 point = 1% of loan amount |
| APR | Interest rate + fees | Always higher than note rate |
| LTV | Loan / Property Value | Uses lesser of price or appraised value |
| CLTV | All liens / Value | Includes all mortgage balances |
| DTI | Debts / Income | Front-end (housing) and back-end (total) |
| Securitization | Pooling loans into MBS | Provides market liquidity |
A borrower wants to refinance their first mortgage but has an existing HELOC. What must occur for the new loan to be in first lien position?
A loan has a 6.25% interest rate and the lender charges 1.5 points in origination fees plus other closing costs. What is TRUE about the APR?
Which entity guarantees mortgage-backed securities with the full faith and credit of the United States government?