Also known as:adjustable rate mortgage · adjustable-rate mortgage · adjustable-rate mortgages · ARM · ARMs · variable rate mortgage
Written by attorneys · grounded in primary & secondary sources — see below
A home financing arrangement in which the interest rate adjusts periodically according to changes in a specified external index.
Sources & Authorities
How it applies
Common Examples
6
Index Rise Increases Payments
Amber Alonzo takes out an adjustable rate mortgage secured by her residence. The external index rises sharply after two years, causing her interest rate and monthly obligation to increase. She must reallocate household funds to meet the higher payments or risk default.
Rate Fluctuation Affects Budget
Alfred Ashford finances his property with an adjustable rate mortgage tied to a published index. When the index drops, his payments decrease for several periods. He uses the savings to accelerate principal reduction on the loan.
Cap Limits Payment Spike
Alan Ackerman closes on an adjustable rate mortgage for his family home. The contract caps annual adjustments even though the index climbs steeply. His payments rise only to the contractual maximum despite larger index movement.
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Statutes
Federal Rules
Model Codes
Restatements
Casebooks
Study Supplements
Index Ties to Market Rate
Ava Adebayo selects an adjustable rate mortgage for a newly purchased residence. The lender resets the rate each year to match the chosen external index plus a fixed margin. She monitors the index to anticipate future payment changes.
Negative Amortization Occurs
Andrew Avery obtains an adjustable rate mortgage allowing payments below accruing interest. During periods when the index drives the rate above his payment amount, unpaid interest is added to principal. His loan balance grows despite timely payments.
Refinance Avoids Adjustment
Alice Atkins holds an adjustable rate mortgage that is scheduled for a large rate reset. She refinances into a fixed-rate loan before the adjustment date. The new loan eliminates future index-driven payment changes.
Common questions
Frequently Asked
3
How does an adjustable rate mortgage differ from a fixed-rate mortgage?+
An adjustable rate mortgage ties the interest rate to an external index that changes over time, while a fixed-rate mortgage maintains the same rate throughout the loan term. Borrowers face payment variability when the index moves.
What happens when the index rises above the borrower's payment amount?+
Interest may accrue faster than payments cover, leading to negative amortization and an increased loan balance. The Restatement illustration confirms such a transaction remains valid under the applicable section.
Why did adjustable rate mortgages become more common before the financial crisis?+
Lenders offered them with low initial rates and minimal down payments to expand the pool of qualified borrowers. These features contributed to the surge in subprime originations between 2003 and 2005.
410 U.S. 113 (1973)Constitutional Law
…points pricked out in terms of the taking of property; the freedom of speech, press, and religion; the right to keep and bear arms; the freedom from unreasonable searches and seizures; and so on. It is a rational continuum which, broadly speaking, includes a freedom from all substantial arbitrary impositions and…