Ch 6 Instruments Of Real Estate Finance Flashcards

1
Q

A claim, lien, charge or liability attached to and binding real property is an

A

Encumbrance

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2
Q

A lien is

A

A right given by law to certain creditors to have debts paid out of the property

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3
Q

The borrower is known as

A

The mortgagor

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4
Q

The lender is known as

A

The mortgagee

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5
Q

The promissory note is also known as

A

Real estate lien note

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6
Q

The borrowers unconditional promise to repay the amount borrowed

A

Promissory note

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7
Q

The legal procedure we’re by the secure property may be sold to satisfy the unpaid promissory note

A

Foreclosure

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8
Q

True or false: if the property fails to sell at the auction ownership will transfer to the lender any excess money that is left over from the for sale is give them back to the debtor

A

True

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9
Q

In the event of a shortage, the lender may sue the borrower for

A

Deficiency judgment

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10
Q

Contract for deed is also known

A

A land contract

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11
Q

When does the contract for deed become fully executed?

A

When the final loan payment is made the seller (vendor) delivers the deed to the buyer (Vender)

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12
Q

What instrument is used to generate funds for the borrower?

A

Subordinate instruments

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13
Q

True or false: in a second mortgage it is primary and the first mortgage is secondary

A

False, the second mortgage is subordinate to the primary mortgage

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14
Q

What may be used in a subordinate Finance instrument to help reduce the liability

A

A clause

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15
Q

What are the two different types of clauses?

A

Lifting clause and cross defaulting clause

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16
Q

What clause gives the borrower, the ability to replace the primary instrument with another, without affecting the subordinate instruments position

A

Lifting clause

17
Q

What clause states that in the event of a borrower default on the primary instrument the secondary instrument automatically defaults

A

Cross defaulting clause

18
Q

The clause, in which a holder of a mortgage permits a subsequent mortgage to take priority is?

A

Subordination clause

19
Q

What is the act of yielding?

A

Subordination

20
Q

An easement for ingress and egress is known as

A

Encumbrance

21
Q

What lien is freely given, and usually as a collateral for a loan?

A

Voluntary lien

22
Q

Under a ____ the final payment, is made to the seller title transfers to the buyer

A

Contract for deed