Chapter 6 - Real Estate Financing Flashcards
What do you call the clause which stiplulates that a title must be fully released back (“re-conveyed”) to the mortgagor at the time the debt is repaid in full?
The defeasance clause.
What is another term for a voluntary lien on real estate?
A mortgage.
WRT mortages, does Illinois subscribe to Title-theory, Lien-theory, or Intermediate theory?
Intermediate theory.
What are the three types of mortgage loans?
Conventional, FHA and VA.
When an owner defaults on their loan they have the right to “cure” the default BEFORE foreclosure sale. What is the name for this term?
Equitable right of redemption. This is used in Illinois (vs. ‘statutory right of redemption’)
What is the difference between ‘equitable right of redemption’ and ‘statutory right or redemption’?
Statutory gives owner the right to “cure” the default after the foreclosure sale; Equitable occurs before foreclosure sale. (Illinois uses equitable).
What are the two parts of a mortgage?
The debt and security for the debt.
What does a ‘promissory note’ state?
The amount owed.
Which two documents are executed when a property is mortgaged?
A promissory note and a security document (mortgage) pledging the property as collateral for the amount owed.
Usury
Charging interest in excess of the maximum rate allows by law.
What is the maximum interest rate in Illinois?
These isn’t one.
Loan origination fee means…
Charge for processing a mortgage application
Deed of Trust [3 things]
- Estalishes that the property is security for a debt.
- Identifies the lender and the borrower.
- Includes legal description of the property.
PITI
What a borrows monthly loan payment is made up of:
Principal
Interest
Tax
Insurance
Two options for assuming seller’s mortgage (when there isn’t a “due on sale” clause).
- May purchase property subject to the mortgage
2. May assume the mortgage and agree to pay the debt
When a property is sold “subject to” the mortgage, who is ultimately responsible for payment of the mortgage?
The seller.
What is another name for a due-on-sale clause?
Alienation clause
The three methods of foreclosure are…
- Non-judicial
- Judicial (most common)
- Strict
What is the benefit of deed in lieu of foreclosure (aka “friendly foreclosure”)?
This is called a friendly foreclosure, and it protects a borrower’s credit rating.
What is it called when a lender accepts less than the amount owed on a property?
short sale
How long does a mortgagor in default have to exercise their equitable right of redemption?
Seven months
Deficiency judgement
When, after a foreclosure sale, a mortgagee takes a personal judgement against the borrower for the unpaid balance.
What happens if a foreclosure sale yields more than the borrower owes?
The bank will cut the borrower a check.
Name the nine different types of lenders that make up the primary mortgage market.
- Thrifts (popular out east)
- Savings associations
- Commercial banks (investment, small business loans)
- Insurance compaies (biggest)
- Credit unions (just recently getting into the business)
- Pension funds (This is how retirees make money)
- Endowment funds (colleges, etc.)
- Investment group financing
- Mortgage banking companies
MLO
Mortgage loan originator. Someone who takes a residential mortgage loan.
What is the ‘secondary loan market’?
This is who banks sell off their loans to.
How is LTV ratio calculated?
Percent of the loan /divided by/ amount of purchase price.
- Subtract down payment from purchase price.
- Divide result over purchase price to get LTV %.