|
"A"
credit customers:
Consumers with impeccable credit, who can obtain a loan from
traditional lenders.
Acceleration
Clause:
Language in a lease that secures payments for the full term of the
lease.
Accounts
Payable:
The amount of money a company owes for goods and services it has
received; any outstanding debt that a company has.
Accounts
Receivable:
A collection of a company's outstanding invoices (invoices which have
not yet been paid by the company's customers).
Accounts
Receivable Aging Report:
A report showing how long invoices from each customer have been
outstanding.
Advance Rate:
The percentage of the face amount of an income stream that a funding
source will advance to a client.
Amortization:
The gradual, systematic payment of a debt, such as a mortgage or other
loan, in installments of principal and interest for a definite time,
so that at the end of that time, the debt will have been paid in full.
Articles of
Incorporation:
A document filed with a U.S. state by the founders of a corporation.
After approving the articles, the state issues a Certificate of
Incorporation; the two documents together become the Charter of
Incorporation.
Asset:
Anything having commercial or exchange value that is owned by a
business, institution or individual. A business' assets might include
its real estate, equipment inventory, intellectual assets such as
copyrights or trademarks, and accounts receivable.
Assignability:
The ability to assign (or sell) an income stream to another individual
or business.
Assignee:
The person or business entity who is given, obtains, or buys the right
to an asset.
Assignment:
The transfer of the rights, title or interest of any debt instrument
that is properly owned by another party.
Assignor:
The person giving or selling an asset, and subsequently, forfeiting
rights to that asset.
"B"
through "D" credit customers:
These consumers have less than perfect to bad credit and usually
cannot qualify for traditional financing. Also called sub-prime credit
customers.
Bad Debt:
Any debt that is delinquent and has been written off as
un-collectible.
Balance
sheet:
A financial statement that shows a business' current financial
condition, with assets on the left side and liabilities and net worth
on the right side.
Balloon:
The balance of principal that is due and owing in its entirety at a
specified point in time, but in any event, less than the time required
to fully amortize the debt.
Bankruptcy:
A state of insolvency of an individual or organization. The inability
to pay debts.
Beneficiary:
The person or party entitled to receive the benefits, or proceeds, of
the life insurance policy upon the death of the insured person.
Bill of Sale:
A document used to transfer the title of certain goods from seller to
buyer.
Business-based
income streams:
Cash flow instruments that are paid to a business by another business
or government.
Cash flow:
The flow of cash through a business or household. In business
terms, cash flow involves the flow of cash into a company in the form
of revenues, and out of the company in the form of expenses.
Cash flow
broker:
Professional whose primary purpose is to unite income stream sellers
with funding sources. They may operate as referral sources or as the
primary liaison for cash flow transactions.
Cash flow
industry:
The buying, selling, and brokering of privately held debt in the
secondary marketplace; the marketplace where businesses and
individuals get help managing their cash flow needs.
Cash flow
instrument:
Future payment or series of payments. Also called a debt instrument or
income stream.
Cash flow
specialist:
A cash flow professional who brokers cash flow transactions or buys
cash flow instruments.
Cash flow
transaction:
Occurs whenever a funding source pays cash to an individual or
business in exchange for an income stream.
Chattel
mortgage:
A mortgage on personal property, given to secure a debt. Typically
used in the sale of a business. Also called a security agreement.
Collateral:
Something of value (land, a home, a car, etc.) that is pledged as
security to ensure the payment of a debt. Collateral is promised to a
lender until a loan is repaid. If the borrower defaults, the lender
has the right, by law, to seize the collateral.
Collateral-based
income streams:
Cash flow instruments that are secured by collateral.
Collectibility:
Refers to the funding source's ability to collect future income stream
payments once they are purchased.
Commission:
Fee paid to a broker for executing or referring a cash flow
transaction.
Consumer-based
income streams:
Cash flows in which the party that owes payments is a consumer, a
private individual.
Contingency-based
income streams:
Cash flows in which the recipient is not necessarily legally entitled
to receive payments, or in which the amount of the payment is
uncertain or contingent upon outside factors.
Corporation:
A legal entity, chartered by a U.S. state or the federal government,
and separate and distinct from the persons who own it. It is regarded
by the courts as an artificial person; it may own property, incur
debts, sue or be sued.
Creditor:
One who is owed payments on a debt by a debtor.
Debt
instrument:
Future payment or series of payments, or a debt that one party owes to
another party. Also known as income streams or cash flow instruments.
Debtor:
One who owes something and makes payments to a creditor.
Default:
The omission or failure to perform or fulfill a legal duty,
obligation, or promise (i.e. to pay a debt).
Due
diligence:
Exhaustive research on a transaction, income stream, client, and/or
payor. Due diligence may involve credit checks, appraisals, UCC
searches, lien searches, or on-site visits with clients.
Equity:
The value or interest an owner has in property over and above any
indebtedness owed on the property.
Escrow:
The system or process by which money documents, personal property, or
real property is held in trust for another party by a disinterested
third party until the terms and conditions of the escrow instructions
are completed or terminated.
Face value:
The current principal balance on an income stream.
Factor:
A funding source that specializes in funding accounts receivable.
Factoring:
The purchase of a business' accounts receivable at a discount.
Fictitious
name:
A legal statement filed when a person uses a name other than his or
her own to operate a business.
Foreclosure:
A legal proceeding in court to seize property given as security for a
debt that is in default.
Funding
source:
An individual investor or an investment company that buys income
streams.
Government-based
income streams:
Cash flows paid by a government entity, either directly or through an
insurance company.
Hypothecation:
Borrowing funds from a lender, investing those funds in a debt
instrument, and giving the lender a security interest in the debt
instrument as the collateral for the loan.
Income
stream:
A future payment or series of payments, or a debt that one party owes
to another party. Also known as a debt instrument or cash flow
instrument.
Institutional
lenders:
Savings and loan associations, local and regional banks, mortgage
companies, finance companies, and commercial lenders.
Insurance-based
income streams:
Cash flows stemming from insurance companies and paid to individuals
or businesses.
Intangible
personal property:
Something that has value but is not a tangible asset, for example, a
trademark, copyright, patent, or trade secret.
Investment-to-value
ratio:
A measure of how secure a creditor's position is and how likely the
creditor is to recoup all of his or her money in the event of a
foreclosure.
Joint
venture:
A business entity established for a specific task, operation, or goal.
Leverage:
The ratio of debt to total assets.
Loan-to-value
ratio:
A measure of how heavily mortgaged a property is and how likely the
owner is to default on his or her debts.
Marginal
credit customers:
Consumers who may have had some slow pay problems, but generally pay
their bills.
Market value:
The price at which a ready, willing, and informed person would buy
something; the price property would command in the current market.
Mortgage:
A written instrument that creates a lien by pledging real property as
security for a debt.
Notice of
Pre-lien:
A document notifying the owner of real property that materials or
services are being furnished to his real property, putting him on
notice that the one sending it will look to have a lien against the
real property if those materials or services are not paid for.
Owner
financing:
A type of financing in which the seller of a tangible item accepts a
promissory note as a portion of the purchase price. Also called seller
financing.
Partnership:
A common form of joint ownership of a business.
Payee:
Person or business that has the right to receive a payment or series
of payments and is interested in selling that income stream for cash.
(Also called the seller or client.)
Payor:
The person, company, or government responsible for making payments on
an income stream.
Partial:
Any part of a payment stream that is less than the full amount due.
Personal
guaranty:
A contractual agreement between a funding source and a seller, whereby
the seller assumes personal responsibility and liability for the
obligations of the income stream.
Portfolio:
A group or package of income streams of the same type.
Privately
held:
Owed to a private individual or business rather than to a bank or
other financial institution.
Profit and
loss statement:
A financial statement that shows a historical record of a business'
income and expenses.
Promissory
note:
A written promise to pay a specified amount to a specified party over
a certain period of time.
Real
property:
Real estate.
Reserve:
An amount a funding source holds in its account to cover potential
payment defaults. After a certain time period has passed, the funding
source rebates the reserve to the client less any fees or charges for
delinquency. Also called a bad debt reserve.
Satisfaction:
The discharge of an obligation by paying a party what is due (i.e.,
the satisfaction of an IRS lien or the satisfaction of a mortgage).
Seasoning:
The length of time payments have been made on a note or other debt
instrument.
Secondary
market:
The marketplace where individuals and businesses can sell privately
held income streams to funding sources for cash.
Securitization:
The bundling and resale of debt instruments to investors; permitted
only for parties licensed and regulated by the SEC.
Security
interest:
An interest in property, other than real estate, which is given as
security for a debt or other obligation. A security interest is
created by execution of a security agreement and one or more financing
statements under the Uniform Commercial Code.
Seller:
The person or company that is holding a debt instrument and wants to
sell it.
Servicing:
The collection of payments of interest and principal, and trust fund
items such as fire insurance, taxes, etc., on a note by the borrower
in accordance with the terms of the note. Servicing by the lender also
consists of operational procedures covering accounting, bookkeeping,
insurance, tax records, loan payment follow-up, delinquent loan
follow-up and loan analysis.
Sole
proprietorship:
A business owned and operated by an individual.
Subordination:
The act of a creditor acknowledging in writing that a debt due him or
her by a debtor shall be inferior to the debt due another creditor by
the same debtor.
Tail:
The payment stream and/or balloon payment of an income stream
subsequent to another party's right and interest in the income stream.
Usually the back half of the payment stream when another party has
purchased the front half.
Tangible
personal property:
Personal property other than real estate, such as cars, boats, or
other assets.
Time value of
money:
Concept that addresses the way the value of money changes over a
period of time.
Title
commitment:
A commitment on the part of the insurer, once a title search has been
conducted, to provide the proposed insured with a title insurance
policy upon closing.
Title
insurance:
Title insurance can benefit either the payor or the payee. Should the
beneficiary suffer any damages due to clouded or false title to real
estate, title insurance recompenses the damaged party to the extent of
the damages.
Title policy:
An insurance policy that insures a party against loss due to a
defective title.
Trial balance
printout:
A spreadsheet that lists all loans in a portfolio and their payment
schedule. Usually required for a portfolio transaction.
Uniform
Commercial Code (UCC):
Standardized set of guidelines protected by law that set down how
business transactions must be conducted.
Unseasoned:
A lease or note that has had few, if any, payments
|