Chapter 14 - Real Estate Financing and Math Flashcards
Mortgage
Money borrowed in order to purchase property.
Title-Theory
The lendor is the owner of mortgaged property. Does not apply in the State of WI
Lien-Theory State
Mortgage is collateral for the loan.
Mortgage Loans
Secured loans
borrower is required to pledge specific real property as security (collateral) for the loan. The debtor retains the right of possession and control, while the creditor receives an underlying equitable right in the pledged property.
Hypothecation
Debtor retains the right of possession and control, while the creditor receives an underlying equitable right in the pledged property.
Promissory note
Written agreement of the borrower’s commitment or promise to repay a debt over a specifically state time period. Completed by a borrower
Usury
Charging interest higher than the maximum rate allowed by state.
Loan origination Fee
Fee charged by the lender for evaluating and preparing your mortgage loan.
Discount Points
pre-paid interest on the mortgage. Equal to 1% of the amount of the loan.
Prepayment Penalty
May not exceed 60 days interest at the contract rate on the amount prepaid on fixed-rate covered loans over 25K if the borrower prepays more than 20% of the original amount within 36 months.
Defeasance clause
The lender is required to execute a satisfaction of mortgage when the note has been fully paid.
Satisfaction of mortgage
release of mortgage or mortgage discharge
Escrow account
Reserve fun to meet future real estate taxes and property insurance premium.
Borrower’s monthly loan payments
PITI: Principal, Interest Tax and Insurance
Primary Mortgage Insurance
PMI: protects lenders from losses by insuring the top 20% of a loan to cover any additional risk to the lender if the mortgage defaults.
National Flood Insurance Reform Act of 1994
Imposes certain mandatory obligations on lenders and loan servicers to set aside (escrow) funds for flood insurance on new loans
Alienation Clause
The specific terms in a mortgage may state that a lender requires be paid in full if the property is sold to another buyer. Also known as a resale clause or due on a sale clause.
Nonjudicial Foreclosure
Not in WI - allow nonjudicial foreclosure procedures to be used when the security instrument contains a power-of-sale clause. Requires no court action
Judicial Forclosures
Goes through the state court system. Happens when a borrower defaults and the mortgagee has given sufficient public notice.
Strict Foreclosure
The borrower is given notice and documents are recorded. After which the court creates a redemption period. It then specifies a time period in which the borrower has aright of redemption.
Redemption Period in WI
6-12 months.
Short Sales
When the proceeds do not cover the sellers debts.
Friendly Foreclosure
Deed in lieu of foreclosure. Carried out by mutual agreement rather than by lawsuit. Lender usually loses any rights pertaining to FHA of private mortgage insurance or VA Guarantees