Ch.12 RE Finance Flashcards
Generally, a mortgage (or ________ is obtained by pledging property as collateral and promising to repay the loan with a schedule of payments to the mortgagee
deed of trust
A mortgage is an ________ upon a property.
encumbrance
In a _________ state, the borrower keeps legal title to the property during the period of the loan and the lender places a lien against the property.
Lien Theory
What type of State is Florida
Lien Theory
There are two types of security instruments for a real estate loan:
- Mortgage
2. Note
____________ is an alternate term used when one pledges to secure a loan with something of value. The property that the buyer is purchasing is hypothecated to secure the mortgage
Hypothecation
A ________ is issued upon full payment of the loan to return title to the trustor
Deed of Reconveyance
With a Deed of Trust , a third party trustee is involved and holds __________ to the property
Naked Title
In a _______, the borrower gives title through a deed of trust to the lender, who is referred to as the beneficiary during the time of the loan. The borrower keeps a possessory right to the home and holds an Equitable Title.
Title Theory
Title Theory State is also known as _________
Deed of Trust State
Essential Elements of a Mortgage
- Promise to Pay
- Taxes & Insurance
- Covenant of Good Repair
Clauses in a mortgage
- Acceleration Clause
- Funding for Taxes/Insurance (Escrow)
- Prepayment Penalty
- Late Payment Fees
- Defeasance Clause
6 Protection of the Lenders Rights - Mortgage Insurance
- Borrowers right to Reinstate after Accleration
- Due on Sale
- Condemnation
- Hazardous Substances