Ch.12 RE Finance Flashcards

1
Q

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

A

deed of trust

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2
Q

A mortgage is an ________ upon a property.

A

encumbrance

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3
Q

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.

A

Lien Theory

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4
Q

What type of State is Florida

A

Lien Theory

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5
Q

There are two types of security instruments for a real estate loan:

A
  1. Mortgage

2. Note

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6
Q

____________ 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

A

Hypothecation

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7
Q

A ________ is issued upon full payment of the loan to return title to the trustor

A

Deed of Reconveyance

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8
Q

With a Deed of Trust , a third party trustee is involved and holds __________ to the property

A

Naked Title

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9
Q

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.

A

Title Theory

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10
Q

Title Theory State is also known as _________

A

Deed of Trust State

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11
Q

Essential Elements of a Mortgage

A
  1. Promise to Pay
  2. Taxes & Insurance
  3. Covenant of Good Repair
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12
Q

Clauses in a mortgage

A
  1. Acceleration Clause
  2. Funding for Taxes/Insurance (Escrow)
  3. Prepayment Penalty
  4. Late Payment Fees
  5. Defeasance Clause
    6 Protection of the Lenders Rights
  6. Mortgage Insurance
  7. Borrowers right to Reinstate after Accleration
  8. Due on Sale
  9. Condemnation
  10. Hazardous Substances
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