Chapter 19 Flashcards
Promise to repay the lender
Promissory note
Lenders will demand a security instrument
Collateralized Loan
Two types of security instruments
-Mortgage Deed
-Deed of Trust
In mortgage, the borrower of the loan
Mortgagor
In mortgage, the lender of the loan
Mortgagee
In a deed of trust, the borrower
Trustor
In a deed of trust, the lender
Beneficiary
In a deed of trust, the holder of the title to the property
Trustee
If a borrower defaults on the loan, this clause empowers the lender to call the entire outstanding balance due and payable immediately.
Acceleration Clause
This clause enables the mortgagee or beneficiary to declare that the entire balance of the loan becomes due when the property is sold or the title transferred to another party.
Alienation Clause (Due on Sale Clause)
A written instrument in which a mortgage acknowledges that the mortgagor has fulfilled or satisfied his or her obligations and that the mortgagor has fulfilled or satisfied his or her obligated and that the mortgagor is no longer obligated to the mortgage.
Satisfaction Piece
A provision that states the borrower will receive the title to the property when he or she has fulfilled all of the terms of the mortgage.
Defeasance Clause
A clause that allows a lender to charge a penalty if a borrower fully repays his or her loan before the scheduled completion date.
Prepayment Penalty Clause
A clause that allows a new mortgage loan to take priority over an older precasting mortgage loan.
Subordination Clause
A clause generally used in insurance policies under which the insurance company takes on the rights to pursue a third party for damages after the insurance company has paid out for a loss caused by that third party.
Subrogation Clause