CH 5 - Residential Mortgages Flashcards
what is does The Bank Act restrict?
loan can be no more than 80% of the property’s value
what is the use of a mortgage investment corporation (MIC)?
enables small investors to invest in a diversified pool of mortgages on residential real estate.
what is the CANADA MORTGAGE AND HOUSING CORPORATION (CMHC)
Provides insurers to lenders from borrower default.
Crown corporation wholly owned by the Canadian government
what is an acceleration clause?
explains what will happen if the borrower defaults
4 claims may give rise to a legal hypothe
- Claims of the state
- Claims of persons having taken part in the construction
- Claims of a syndicate of co-owners
- Claims under a judgment
two rights of hypothecary creditor
right to recover the claim
right to be paid ahead of other creditors
Easement
right to use another’s real estate, for such uses as road access or the placement of hydro poles.
Eminent domain
power to expropriate property for public use, with compensation to the owner
Primary real rights
grant the right of ownership and the elements issuing from it (disbursement)
Accessory real rights
allow the hypothecary creditor to follow the property— they provide a link attaching the claim directly to the property if it changes
tenant in fee simple
person who holds land absolutely and passes ownership to his or her heirs
Joint tenancy
two or more persons who, together, own the land
Tenancy in common
- involves land ownership by two or more persons. Each owner holds an individual ownership percentage
- when one owner dies, the interest of that owner’s portion of ownership transfers to his or her heirs.
three types of interests in land
- Freehold interest
- Leasehold interest
- Condominium interest
what is included in GROSS DEBT SERVICE RATIO
only shelter related costs
- Mortgage or rent payments
- Property taxes
- Heating costs
- 50% of any condominium fees