adjustable rate mortgage (ARM)
A mortgage loan with an interest rate that fluctuates in accordance with a designated market indicator -- such as the weekly average of one-year U.S. Treasury Bills -- over the life of the loan. To avoid constant and drastic fluctuations, ARMs typically limit how often and by how much the interest rate can vary.

appraisal
A determination of the value of something, such as a house, jewelry or stock. A professional appraiser -- a qualified, disinterested expert -- makes an estimate by examining the property, and looking at the initial purchase price and comparing it with recent sales of similar property. Courts commonly order appraisals in probate, condemnation, bankruptcy or foreclosure proceedings in order to determine the fair market value of property. Banks and real estate companies use appraisals to ascertain the worth of real estate for lending purposes. And insurance companies require appraisals to determine the amount of damage done to covered property before settling insurance claims.

avails
Any amount available to the owner of an insurance policy other than the actual proceeds of the policy. Avails include dividend payments, interest, cash or surrender value (the money you'd get if you sold your policy back to the insurance company) and loan value (the amount of cash you can borrow against the policy).

bailor
Someone who delivers an item of personal property to another person for a specific purpose. For example, a person who leaves a broken VCR with a repairman in order to get it fixed would be a bailor.

bankruptcy
A legal proceeding that relieves you of the responsibility of paying your debts or provides you with protection while attempting to repay your debts. There are two types of bankruptcies -- liquidation, in which your debts are wiped out (discharged) and reorganization, in which you provide the court with a plan for how you intend to repay your debts. For both consumers and business, liquidation bankruptcy is called Chapter 7. For consumers, reorganization bankruptcy is called Chapter 13. Reorganization bankruptcy for consumers with an extraordinary amount of debt and for businesses is called Chapter 11. Reorganization bankruptcy for family farmers is called Chapter 12.

bankruptcy trustee
A person appointed by the court to oversee the case of a person or business that has filed for bankruptcy. In a consumer Chapter 7 case, the trustee's role is to gather the debtor's nonexempt property, liquidate it and distribute it proportionally to her creditors. In a Chapter 13 case, the trustee's role is to receive the debtor's monthly payments and distribute them proportionally to her creditors.

bulk sales law
A law that regulates the transfer of business assets so that business owners cannot dispose of assets in order to avoid creditors. If a business owner wants to conduct a bulk sale of business assets -- that is, get rid of an unusually large amount of inventory, merchandise or equipment -- the business owner must typically publish a notice of the sale and give written notice to creditors. Then, the owner must set up an account to hold the funds from the sale for a brief period of time during which creditors may make claims against the money. The prohibition against bulk sales is spelled out in the Uniform Commercial Code -- and laws modeled on the UCC have been generally adopted throughout the country.

capitalized interest
The accrued interest that is added to the principal balance of a loan while you are not making payments or your payments are insufficient to cover both the principal and interest due. When this happens, you end up paying interest on interest, sometimes called "negative amortization."

Chapter 13 bankruptcy
The reorganization bankruptcy for consumers, in which you partially or fully repay your debts. In Chapter 13 bankruptcy, you keep your property and use your income to pay all or a portion of the debts over three to five years. The minimum amount you must pay is roughly equal to the value of your nonexempt property. In addition, you must pledge your disposable net income -- after subtracting reasonable expenses -- for the period during which you are making payments. At the end of the three-to five-year period, the balance of what you owe on most debts is erased.

Chapter 7 bankruptcy
The most familiar type of bankruptcy, in which many or all of your debts are wiped out completely in exchange for giving up your nonexempt property. Chapter 7 bankruptcy takes from three to six months, costs about $200, and commonly requires only one trip to the courthouse.

collateral
Property that guarantees payment of a secured debt.

collection agency
A company hired by a creditor to collect a debt that it is owed. Creditors typically hire a collection agency only after they have made efforts to collect the debt themselves, typically through letters (called "dunning" letters) and telephone calls. Collection agencies are regulated by the federal Fair Debt Collection Practices Act. Unfortunately, too many collectors ignore this law.

Consumer Credit Counseling Service (CCCS)
A national non-profit agency that, at no cost, helps debtors plan budgets and repay their debts. One major criticism of CCCS is that each office is primarily funded by voluntary donations from the creditors that receive payments from debtors repaying their debts through that office. Despite this criticism, most CCCS counselors provide clients with thorough and neutral advice.

Consumer Leasing Act
A federal law that requires lease agreements to include certain terms, including a statement of the number of lease payments and their dollar amounts, penalties for not paying on time and whether a lump sum payment is due at the end of the agreement. Despite this law, many vehicle lease agreements are nearly impossible to decipher.

contract
A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts that can be carried out within one year can be either oral or written. Major exceptions include contracts involving the ownership of real estate and commercial contracts for goods worth $500 or more, which must be in writing to be enforceable. (See statute of frauds.) A contract is formed when competent parties -- usually adults of sound mind or business entities -- mutually agree to provide each other some benefit (called consideration), such as a promise to pay money in exchange for a promise to deliver specified goods or services or the actual delivery of those goods and services. A contract normally requires one party to make a reasonably detailed offer to do something -- including, typically, the price, time for performance and other essential terms and conditions -- and the other to accept without significant change. For example, if I offer to sell you ten roses for $5 to be delivered next Thursday and you say "It's a deal," we've made a valid contract. On the other hand, if one party fails to offer something of benefit to the other, there is no contract. For example, if Maria promises to fix Josh's car, there is no contract unless Josh promises something in return for Maria's services.

cooling-off rule
A rule that allows you to cancel a contract within a specified time period (typically three days) after signing it. Federal cooling-off rules apply this three-day grace period to sales made door-to-door and anywhere other than a seller's normal place of business, such as at a trade show. Another federal cooling-off rule lets you cancel a home improvement loan or second mortgage within three days of signing. Various states have cooling-off rules that sometimes apply even longer cancellation periods to specific types of sales, such as dancing lessons and timeshares.

cosigner
A person who signs his or her name to a loan agreement, lease or credit application. If the primary debtor does not pay, the cosigner is fully responsible for the loan or debt. Many people use cosigners to qualify for a loan or credit card. Landlords may require a cosigner when renting to a student or someone with a poor credit history.

credit bureau
A private, profit-making company that collects and sells information about a person's credit history. Typical clients include banks, mortgage lenders and credit card companies that use the information to screen applicants for loans and credit cards. There are three major credit bureaus, Equifax, Experian and Trans Union, and they are regulated by the federal Fair Credit Reporting Act.

credit insurance
Insurance a lender requires a borrower to purchase to cover the loan. If the borrower dies or becomes disabled before paying off the loan, the policy will pay off the remaining balance. Federal and state consumer protection laws require the lender to disclose to existing and potential borrowers the terms and costs of obtaining credit insurance because it can affect the terms of the loan.

credit report
An account of your credit history, prepared by a credit bureau. A credit report will contain both credit history, such as what you owe to whom and whether you make the payments on time, as well as personal history, such as your former addresses, employment record and lawsuits in which you have been involved. An estimated 50% of all credit reports contain errors, such as accounts that don't belong to you, an incorrect account status or information reported that is older than seven years (ten years in the case of a bankruptcy).

creditor
A person or entity (such as a bank) to whom a debt is owed.

debit card
A card issued by a bank that combines the functions of an ATM card and checks. A debit card can be used to withdraw cash at a bank like an ATM card, and it can also be used at stores to pay for goods and services in place of a check. Unlike a credit card, a debit card automatically withdraws money from your checking account at the time of the transaction. Debit cards are regulated by the Electronic Funds Transfer Act.

debt collector
A person who works in the in-house collections department of an original creditor or a collection agency to track down debtors and get them to pay what they owe. Debt collectors can be relentless, often using scare tactics, humiliation and repeated phone calls to extract payments or promises to pay.

debtor
A person or entity (such as a corporation) who owes money.

deed in lieu (of foreclosure)
A means of escaping an overly burdensome mortgage. If a homeowner can't make the mortgage payments and can't find a buyer for the house, many lenders will accept ownership of the property in place of the money owed on the mortgage. Even if the lender won't agree to accept the property, the homeowner can prepare a quitclaim deed that unilaterally transfers the homeowner's property rights to the lender.

default
A failure to perform a legal duty. For example, a default on a mortgage or car loan happens when you fail to make the loan payments on time, fail to maintain adequate insurance or violate some other provision of the agreement. Default on a student loan occurs when you fail to repay a loan according to the terms you agreed to when you signed the promissory note, and the holder of your loan concludes that you do not intend to repay.

discharge (of debts)
A bankruptcy court's erasure of the debts of a person or business that has filed for bankruptcy.

dischargeable debts
Debts that can be erased by going through bankruptcy. Most debts incurred prior to declaring bankruptcy are dischargeable, including back rent, credit card bills and medical bills. Compare nondischargeable debts.

down payment
A lump sum cash payment paid by a buyer when he or she purchases a major piece of property, such as a car or house. The buyer typically takes out a loan for the balance remaining, and pays it off in monthly installments over time.

draft
(1) A written order for the payment of money, such as a check. The person who writes the draft is called the drawer, the person who holds the money -- for example, the bank -- is called the drawee, and the person who ultimately receives the money is called the payee. After receiving the draft, the payee can demand payment at any time unless the draft specifies a particular time for payment. Also called a bill of exchange. (2) A preliminary version of a written document, such as a law or a legal brief, that is ready for revision or correction. (3) To select for some purpose, such as military service.

Electronic Funds Transfer Act
A federal law that gives you certain rights in the event that mistakes occur on your ATM or bank statements or if your ATM card is lost or stolen. Generally, you have a duty to report the mistake or lost card--and the sooner the better. If you notify the bank in a timely manner, it is under a duty to rectify the mistake or not charge you for withdrawals made by someone else with your card. If you delay in reporting your card lost or stolen, however, you can be liable for up to $500, or an unlimited amount if you don't report the problem for more than 60 days.

exempt property
The items of property you are allowed to keep if a creditor wins a lawsuit against you or if you file for Chapter 7 bankruptcy. Most states let you keep clothing, household furnishings, an inexpensive car (or an expensive car on which you still owe a bundle), Social Security payments you haven't spent and other basic items. A few states let you keep your house. Following are brief descriptions of specific types of exempt property.

animal exemption Allows you to keep animals such as household pets, livestock or poultry. The animal exemption varies among states. If your state simply allows you to exempt "animals," you may keep livestock, poultry or pets. Some states exempt only domestic animals, which are usually considered to be livestock and poultry, but not pets.

appliance exemption Allows you to keep some of your household equipment operated by electricity, gas or propane. Examples include refrigerators, stoves, washing machines, dishwashers, vacuum cleaners and air conditioners.

arms & accouterments exemption Allows you to keep some weapons (such as pistols, rifles or swords) and accouterments, which are the furnishings of a soldier's outfit, such as a belt or pack, but not clothes. A soldier's clothing is his or her uniform.

building materials exemption Allows you to keep a certain amount of items needed to build or improve structures, such as lumber, brick, stone, iron, paint and varnish. This exemption is not available in all states.

burial exemption Allows you to keep a cemetery plot, crypt, monument or the cash to purchase a burial plot. Some states allow you to claim the burial exemption only if you do not use your state's homestead exemption. States may also limit the amount exempted. This exemption is available in most states.

crops exemption Allows you to keep products of the soil or earth that are grown and raised annually and gathered in a single season. For example, oranges (on the tree or harvested) are crops; but an orange tree isn't.

farm tools exemption Allows you to keep the tools you use if your primary occupation is farming. Some states limit farm tools of the trade to items which can be held in the hand: hoes, axes, pitchforks, shovels, scythes and the like. In other states, farm tools also include plows, harnesses, mowers, reapers and other larger tools.

furnishings exemption Allows you to keep a certain amount of furniture, fixtures in your home (such as a heating unit, furnace or built-in lighting) and other items with which a home is furnished (carpets and drapes, for example).

health aids exemption Allows you to keep items needed to maintain your health, such as wheelchairs, crutches, prostheses or hearing aids. States either exempt all heath aids or limit the dollar amount of the total exemption.

heirloom exemption Allows you to keep certain items passed from generation to generation which have special monetary or sentimental value.

homestead exemption Protects a specified value or specified number of acres in a homestead. The amount you can protect with the exemption varies, depending on the state where you live. A few states have unlimited homestead exemptions, meaning a house worth even many millions of dollars can't be taken by judgment creditors or in Chapter 7 bankruptcy. At the other extreme, a small number of states have no homestead exemption at all.

household goods exemption Allows you to keep a certain number of items of a permanent nature (as opposed to items consumed, like food or cosmetics) used in or about the house. It includes linens, dinnerware, utensils, pots and pans and small electronic equipment like radios and toasters. The amount you may keep varies from state to state.

implement exemption Protects a certain amount of the instruments, tools or utensils you use to accomplish your job. Some states use this term instead of tools of the trade.

in lieu of homestead (or burial) exemption An exemption available in some states only if you don't claim the homestead exemption or burial exemption. The amount of the exemption varies from state to state. It can be the approximate equivalent of the homestead or burial exemption or some amount fixed by state law. It's the same as the wild card exemption.

jewelry exemption Protects certain items created for personal adornment; usually includes watches. Expensive jewelry is usually not included, although many states exempt wedding and engagement rings. Most states limit the total jewelry exemption amount, ranging from $250 to $1,000. Another term for jewelry is "articles of adornment."

motor vehicle exemption Protects a self-propelled vehicle suitable for use on a street or road, such as a car, truck, motorcycle, van or moped, up to a certain value. For example, if your state's motor vehicle exemption is $2,500 (that's about average), your car is worth $10,000 and you still owe $8,000 to your lender, your car is exempt. You have equity of $2,000 ($10,000 - $8,000) and a $2,500 exemption to put toward it. (This assumes you can afford to keep making your car payments. If you can't, your lender will repossess your car and sell it at an auction.) On the other hand, if your vehicle is worth a lot and you don't owe anything on it, you probably won't be able to keep it, because the exemption won't cover the full amount of your equity.

musical instrument exemption Allows you to keep certain instruments having the capacity, in and of themselves, when properly operated, to produce a musical sound. Pianos, guitars, drums, drum machines, synthesizers and harmonicas are musical instruments. Spoons (knocked on knees or into each other) and metal garbage can lids (when banged together like cymbals) aren't.

property of business partnership exemption Protects business partnership property. Virtually all states allow this exemption if the property has the following characteristics:

Each partner has a right to possess the property for partnership purposes, but has no right to possess it for any other purpose without consent of the partners.
At a partner's death, his share of the partnership property passes to the surviving partners.
The property isn't subject to state non-partnership property laws such as dower, curtesy, spouse's share or intestate succession.

tools of the trade exemption Protects items of property needed to perform a line of work. For a mechanic, plumber or carpenter, tools of trade are the implements used to repair, build and install. For a doctor, tools of trade are the items found in the doctor's office and bag. For a clergy person, tools of trade often consist of no more than books. Traditionally, the exemption was limited to items that could be held in the hand. But most states now embrace a broader definition and a debtor may be able to fit many items under a tools of trade exemption. A motor vehicle is rarely considered a tool of the trade, unless it is a necessary part of the job--as it would be for a traveling sales representative--not merely used for commuting.

wild card exemption Protects any property you choose, though it's not available in all states. Some states that include this exemption limit it to personal property; while others include real estate as well. Some states offer it only in lieu of homestead (or burial) exemption. In nearly all states that offer it, you can apply the exemption to nonexempt property, such as expensive jewelry or clothes, or use it to increase the amount for an already partially exempt item. For example, if Fergie's state has no specific motor vehicle exemption but does have a wild card exemption, Fergie can use the wild card exemption to put toward her car. If the state has a specific motor vehicle exemption, but the amount is limited, Fergie can use the wild card exemption to increase the exempt amount.

Fair Credit Billing Act (FCBA)
A federal law that gives you rights when an error occurs on your credit card statement. You must notify the credit card company of the mistake within 60 days after it mailed the bill to you. The company must then correct the mistake, or at least acknowledge receipt of your letter within 30 days, and must correct the error within 90 days or explain why it believes the credit card statement is correct.

Fair Credit Reporting Act (FCRA)
A federal law that is designed to prevent inaccurate or obsolete information from entering or remaining in a credit report. The law requires credit bureaus to adopt reasonable procedures for gathering, maintaining and disseminating information and bars credit bureaus from reporting negative information that is older than seven years, except a bankruptcy, which may be reported for ten. If you notify a credit bureau of an error in your credit report, the FCRA requires the bureau to investigate your allegations within 30 days, review all information you provide, remove inaccurate and unverified information and adopt procedures to keep the information from reappearing. In addition, the law requires that creditors refrain from reporting incorrect information to credit bureaus.

Fair Debt Collections & Practices Act (FDCPA)
A federal law that outlaws unfair debt collection practices, including lying, harassing, misleading and otherwise abusing debtors, by debt collectors working for collection agencies. The law does not apply to creditors collecting their own debts. This law has greatly improved conditions for debtors, although more than a few debt collectors ignore the law. If a collection agency violates the law, debtors can contact the Federal Trade Commission for help.

Federal Trade Commission (FTC)
A federal government agency established to regulate business practices and enforce antitrust laws. The FTC often shows up in the news when big businesses merge, but it also plays a role in protecting consumers from unfair business practices, including actions by collection agencies and credit bureaus. While the FTC generally does not have authority to intervene in individual consumer disputes, the FTC can take action against a company about which it has received numerous consumer complaints.

fieri facias
Latin for "that you cause to be done." This is a court document that instructs a sheriff to seize and sell a defendant's property in order to satisfy a monetary judgment against the defendant.

forbearance
Voluntarily refraining from doing something, such as asserting a legal right. For example, a creditor may forbear on its right to collect a debt by temporarily postponing or reducing the borrower's payments.

foreclosure
The forced sale of real estate to pay off a loan on which the owner of the property has defaulted.

forfeiture
The loss of property or a privilege due to breaking a law. For example, a landlord may forfeit his or her property to the federal or state government if the landlord knows it is a drug-dealing site but fails to stop the illegal activity. Or, you may have to forfeit your driver's license if you commit too many moving violations or are convicted of driving under the influence of alcohol or drugs.

fraternal benefit society benefits
These are benefits, often group life insurance, paid for by fraternal societies to their members. Elks, Masons or Knights of Columbus are common fraternal societies that provide benefits. Also called benefit society, benevolent society or mutual aid association benefits. Under bankruptcy laws, these benefits are virtually always considered exempt property.

fraud
Intentionally deceiving another person and causing her to suffer a loss. Fraud includes lies and half-truths, such as selling a lemon and claiming "she runs like a dream."

grace period
A period of time during which you are not required to make payments on a debt. For example, most credit cards give you a grace period of 20-30 days before you have to pay interest on the amount of your purchases. Cash advances, however, usually have no grace period; interest begins to accumulate from the date of the withdrawal, even if you pay your bills on time. Also, some student loans give you a grace period after graduating or dropping out of school. During this time, you are not required to make payments on your loan.

guarantor
A person who makes a legally binding promise to either pay another person's debt or perform another person's duty if that person defaults or fails to perform. The guarantor gives a "guaranty," which is an assurance that the debt or other obligation will be fulfilled.

guaranty
When used as a verb, to agree to pay another person's debt or perform another person's duty, if that person fails to come through. As a noun, the written document in which this assurance is made. For example, if you cosign a loan, you have made a guaranty and will be legally responsible for the debt if the borrower fails to repay the money as promised. The person who makes a guaranty is called the guarantor. Also known as a guarantee or warranty.

head of household
A person who supports and maintains, in one household, one or more people who are closely related to him by blood, marriage or adoption. Under federal income tax law, you are eligible for favorable tax treatment as the head of household only if you are unmarried and you manage a household which is the principal residence (for more than half of the year) of dependent children or other dependent relatives. Under bankruptcy homestead and exemption laws, the terms householder and "head of household" mean the same thing. Examples include a single woman supporting her disabled sister and her own children or a bachelor supporting his parents. Many states consider a single person supporting only himself to be a head of household as well.

health benefits
Benefits paid under health insurance plans, such as Blue Cross/Blue Shield, to cover the costs of healthcare.

homestead
(1) The house in which a family lives, plus any adjoining land and other buildings on that land. (2) Real estate which is not subject to the claims of creditors as long as it is occupied as a home by the head of the household. After the head of the family dies, homestead laws often allow the surviving spouse or minor children to live on the property for as long as they choose. (3) Land acquired out of the public lands of the United States. The term "homesteaders" refers to people who got their land by settling it and making it productive, rather than purchasing it outright.

homestead declaration
A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that is, you are not required to record a homestead declaration in order to claim the homestead exemption. A few states do require such a recording, however.

householder
A person who supports and maintains a household, with or without other people. In bankruptcy law, a householder, housekeeper or head of household can claim a homestead exemption and possibly other exemptions relating to the maintenance of the household.

intangible property
Personal property that has no physical existence, such as stocks, bonds, bank notes, trade secrets, patents, copyrights and trademarks. Such "untouchable" items may be represented by a certificate or license that fixes or approximates the value, but others (such as the goodwill or reputation of a business) are not easily valued or embodied in any instrument. Compare tangible property.

interest
A commission you pay a bank or other creditor for lending you money or extending you credit. An interest rate represents the annual percentage that is added to your balance. This means that if your loan or credit line has an interest rate of 8%, the holder adds 8% to the balance each year. More specifically, interest is calculated and added to your loan or credit line through a process called compounding. If interest is compounded daily, the balance will rise by 1/365th of 8% each day. If interest is compounded monthly, the balance will rise 1/12th of 8% at the start of each month.

lien
The right of a secured creditor to grab a specific item of property if you don't pay a debt. Liens you agree to are called security interests, and include mortgages, home equity loans, car loans and personal loans for which you pledge property to guarantee repayment. Liens created without your consent are called nonconsensual liens, and include judgment liens (liens filed by a creditor who has sued you and obtained a judgment), tax liens and mechanics liens (liens filed by a contractor who worked on your house but wasn't paid).

loan consolidation
The combining of a number of loans into a single new loan. Consolidation typically extends your repayment period and lowers your monthly payments, thereby greatly increasing the amount of interest you pay over the life of your loan.

Mail or Telephone Order Rule
A Federal Trade Commission rule that requires a seller to ship goods ordered by mail, phone, computer or fax to you within the time promised or, if no time was stated, within 30 days. If the seller cannot ship within that period, the seller must send you a notice with a new shipping date and give you the option of canceling your order and getting a refund.

meeting of creditors
A meeting held with the bankruptcy trustee about a month after you file for bankruptcy. You must attend. The trustee reviews your bankruptcy papers and asks a few questions. In a Chapter 7, the meeting of creditors lasts a few minutes and rarely do any creditors show up. In a Chapter 13 bankruptcy, one or two creditors may attend, especially if they disagree with some provision of your repayment plan.

mortgage
A loan in which the borrower puts up the title to real estate as security (collateral) for a loan. If the borrower doesn't pay back the debt on time, the lender can foreclose on the real estate and have it sold to pay off the loan.

negotiable instrument
A written document that represents an unconditional promise to pay a specified amount of money upon the demand of its owner. Examples include checks and promissory notes. Negotiable instruments can be transferred from one person to another, as when you write "pay to the order of" on the back of a check and turn it over to someone else.