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New York Real Estate > Chapter 10 > Flashcards

Chapter 10 Flashcards

1
Q

A personal promise to repay a loan

A

Note or bond

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2
Q

Acts as evidence of the borrowing as well as the promise to repay the debt (promissory note)

A

Note or bond

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3
Q

A pledge of real property as collateral given by a borrower as security of a loan

A

Mortgage

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4
Q

What is a note or bond ?

A

A personal (promissory) promise to repay a loan

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5
Q

What is a mortgage

A

Pledge of real property as collateral given by a borrower as security for a loan

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6
Q

You’re paying and your mortgage is coming down

A

Amortization

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7
Q

You’re paying and your mortgage is not going down

A

Negative amortization

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8
Q

The borrower makes regularly scheduled payments over the life of the loan to pay off the debt 

A

Amortization

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9
Q

What does each payment consist of in amortization?

A

Part interest and part principal

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10
Q

Who is the borrower in mortgages?

A

Mortgagor

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11
Q

Who is the mortgagee ?

A

Lender

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12
Q

Is the lender a mortgagor or martgagee ?

A

Mortgagee

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13
Q

Who is the borrower in mortgage basics?

A

Mortgagor

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14
Q

A mortgage where the interest rate is not fixed for the life of the loan

A

Adjustable rate mortgage

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15
Q

The rate is fixed for a period of time at the beginning, but after that it may change based on changes in an interest index. What mortgage is this?

A

Adjustable rate mortgage

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16
Q

A mortgage payment larger that the proceeding ones

A

Balloon payment

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17
Q

What is a balloon payment ?

A

A mortgage payment larger that the proceeding ones

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18
Q

The gradual building up of a large mortgage debt when payments are not sufficient to cover interest due and reduce the principal

A

Negative amortization

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19
Q

Charging interest at a rate higher than the maximum established by law

A

Usury

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20
Q

Which one is illegal, points or Usury?

A

Usury

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21
Q

Who does Usury protect?

A

Borrowers

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22
Q

What does usury protect borrowers from?

A

Unfair and excessive interest rates

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23
Q

School

How much is each point of the loan amount?

A

1%

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24
Q

Fees paid to lender to reduce interest rate

A

Points

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25
Q

The lower the interest rate, the more significant savings over time. What does this refer to?

A

Points

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26
Q

New York is a lien their state. True or false?

A

True

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27
Q

A mortgage broker generally
A. Forecloses defaulted mortgages
B. Places packages of loans in the secondary market 
C. Brings borrower and lender together
D. Makes mortgage loans using investor funds

A

Brings borrower and lender together

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28
Q

A new home cost $150,000 and the new owners borrowed $135,000 on a mortgage loan, paying $15,000 in cash as a down payment. That $15,000 now represents their what?
A. Underwriting
B. Equity
C. Qualifying ratio
D. Loan to value ratio 

A

Equity

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29
Q

New York’s Usery limits do not apply to interest on mortgage loans made by
A. Sellers
B. Employer to epmployee
C. Private community members
D. Rural economic and community development

A

Sellers (can do whatever they want if you’re buying their property)

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30
Q

What are young man buys his house, the seller allows affordable monthly mortgage payments of interest only over 10 years basis so that the new homeowner can handle the payments. At the end of the 10th year, the seller wants the whole remaining debt paid off in a
A. Graduated payment
B. Balloon payment
c. Blanket payment
D. Shared equity payment

A

Balloon payment

31
Q

School

A seller sold a home for $200,000 and agrees to pay three points to the buyers lending institution. The buyer is putting 20% down on the property. How much will the points cost the seller? (remember 1%=1 point)

A

200,000 (sales price) x .20% = 40,000 (loan amount)

$200,000 - $40,000 (subtracting these because the formula is for the loan, NOT the sales price) = 160,000

3 points = 3%, because 1% =1 point

160,000 x .03%= $4800

32
Q

Mortgage document is normally recorded in

A

The county in which the real estate is located

33
Q

Failure to meet obligations of a mortgage results in what?

A

Default

34
Q

How does someone who purchases real estate take over the existing mortgage?

A

Assuming the mortgage

35
Q

Inquired of real property, as collateral, given by a borrower as security for a loan

A

Mortgage

36
Q

How does New York interpret a mortgage?

A

As a lien on real property

37
Q

What is a mortgage interpreted as in New York State, and what is it called?

A

As a lien on real property, and it is called a lien theory state

38
Q

When the borrower owns and possesses property, while the lender holds a lien on the property until the loan is fully paid off, what is this known as?

A

A lien theory state

39
Q

In New York, if a borrower (mortgagor) DEFAULTS, can the lender foreclose on the lien?

A

Yes, generally through court action

40
Q

In New York, if a borrower (mortgagor) DEFAULTS, can the lender offer the property for sale?

A

Yes

41
Q

In New York, if a borrower (mortgagor) DEFAULTS , can the lender apply funds received from the sale to reduce or pay off the debt?

A

Yes

42
Q

One property is to be mortgage, the other owner must sign or execute two separate instruments, what are they?

A
  1. Note or bond

2, mortgage 

43
Q

Who is a promissory note signed by?

A

Borrower (payer) 

44
Q

When a borrower signs a promissory note, what 3 things do they state?

A

The amount of the debt

the time and method of payment

the rate of interest

45
Q

What does prima face mean? 

A

It means face value

46
Q

Fill in the blank:

Notes are accepted by the courts (or through a dispute resolution process called attribution) as BLANK evidence if signed by a borrower.

A

Prima facie

47
Q

BLANK creates a lien on property and acts as a security for the debt

A

Mortgage

48
Q

The mortgagor is the borrower, and the lender is?

A

Mortgagee

49
Q

Who does the mortgaging, pledging real estate as security for a loan?

A

The mortgagor (borrower)

50
Q

Who excepts, takes and hold the mortgage, and gives money exchange?

A

The mortgagee (lender)

51
Q

Do lenders (mortgagees) give mortgages?

A

NO, they receive them as collateral in exchange for currency

52
Q

Duties of the mortgagor include

A

Paying the debt as promised in the notes

Paying all real estate taxes on the property

Maintaining adequate hazards insurance

Maintaining the property in good repair at all times

Obtaining the lenders authorization before making alterations

53
Q

If a mortgagor fails to meet their obligations, what can it result in?

A

Default

54
Q

When default happens with a mortgagor, the mortgage usually provides a what?

A

Grace period of 30 days

55
Q

When default happens with a mortgagor, the mortgage usually provides a what?

A

Grace period of 30 days

56
Q

If a borrower ends up in the fault and does not meet his obligations during the 30 day grace period to cure the default, what does the lender have the right to do?

A

Foreclose the mortgage and collect on the note

57
Q

What is the most frequent cause of default?

A

The borrowers failure to pay monthly installments.
But even a borrower who is current in his payments could risk losing the property if it violates one or more of the other obligations of the mortgagor

58
Q

The clause within a mortgage that Indicates whether the loan can be pre paid

A

Pre payment penalty clause

59
Q

What happens if a mortgage loan cannot be pre-paid?

A

The pre-payment penalty clause will outline the penalty the borrower suffers if the loan is prepaid before it matures

60
Q

Some mortgage notes charge a pre-payment premium. The amount, if any, would be contained in which clause if the loan is paid off before it’s full term?

A

Prepayment penalty clause

61
Q

Some mortgage notes charge a pre-payment premium. The amount, if any, would be contained in which clause if the loan is paid off before it’s full term?

A

Prepayment penalty clause

62
Q

A mortgage may include which clause in order to assist the lender in a foreclosure?

A

Acceleration clause

63
Q

Describe the acceleration clause.

A

If a borrower defaults, the lender has the right to accelerate the debt. To declare the entire debt due and owing immediately

64
Q

When a borrower defaults in making payments or in fulfilling any of the obligations set forth in the mortgage, what can the lender enforce its rights through?

A

Foreclosure

65
Q

The property sold at public auction is what?

A

Foreclosure

66
Q

An action that occurs in a court proceeding when a borrower defaults and making payments is called

A

Foreclosure

67
Q

The action brought forth and instituted by the lender seeking to obtain equality and possession is

A

Foreclosure

68
Q

What can the lender except from the borrower as an alternative to foreclosure?

A

A Deed in lieu of foreclosure

69
Q

What is another term for a deed in lieu of foreclosure? why is it called this?

A

Friendly for closure because it is by agreement rather than by court or civil action

70
Q

What is a major advantage in a deed in lieu of foreclosure?

A

There will be no foreclosures shown in the borrowers credit record, BUT it might still show as a negative credit item

71
Q

What should be recorded in public records to show that a mortgage lien has been removed from a property?

A

Satisfaction of mortgage

72
Q

According to New York law, how many days do you have to file is satisfaction of mortgage?

A

45

73
Q

What is the lender required to execute when all payments have been made and the note is paid in full and the mortgage rewards the public record to show that the debt has been paid off and the lien is satisfied?

A

Satisfaction of mortgage

74
Q

What is another term for satisfaction of mortgage?

A

Release of mortgage

New York Real Estate (18 decks)

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