Exam 2 Flashcards
Difference between LONG-TERM MORTGAGE and BALLOON NOTE MORTGAGE?
- LT= SET interest rate; 20-30 year loan
- Balloon(Bank Loan)= still get 20-30 year loan interest rate but bank requires you to RE-DO note every 5 or 7 years and update for current interest rate
What is the difference between the majority of our mortgages?
Loan with a real estate backing
Basic Information in a Promissory Note
- Principal
- Interest Rate (APR)
- Recourse/Nonrecourse
- Penalties
Other necessary information is a promissory note & define.
- Security/Collateral- real estate regardless of loan
- Application of Payments - if you get behind on
pmts, must pay fee + interest (1st) - Loan Assumability-take on someone else’s debt,
must have a lot of cash
List the different mortgage Clauses (promissory note inclusions) & provide examples.
- Acceleration–happens when you default on loan, if you can’t pay bills we will foreclose
- Assignment–ok to sign loan to someone else
- Alienation–$ Due when you SELL the home
- Escrow–trust for ppty taxes & insurance (if you put down large down pmt, don’t have to have)
- Prepayment–can prepay your loan earlier without penalty
- Subordination–if you get another mortgage, it will be subordinate to this
Why recourse promissory note?
Land/Commercial/Construction has MORE risk
FORECLOSURE terms:
- Default
- Equitable Right of Redemption
- Judicial Foreclosure
- Statutory Right of Redemption
- Deficiency Judgement
- Short Sale
- Deed in Lieu of Foreclosure
Three types of Bankruptcy:
- Chapter 7 = “Fresh Start”
- Chapter 11 = “CORPORATE Bankruptcy”
- Chapter 13 = “INDIVIDUAL Bankruptcy”
Chapter 7 Bankruptcy
“FRESH START”
- ALL debt forgiven
- foreclose real estate
Chapter 11 Bankruptcy
“CORPORATE Bankruptcy”
- DEBTS > $1 million
- Restructuring, keep real estate
= CREDITORS approve the plan
Chapter 13 Bankruptcy
“INDIVIDUAL Bankruptcy”
- Restructuring, keep real estate (start paying back)
- if you pay this plan for 3 yrs, unsecured debt goes away
=COURT approves the plan
Typical RESIDENTIAL loans
- Conventional Loans= NOT gov’t backed/insured
- Federal Housing Administration Loans= guarantee loans for ppl who can’t get conventional loans
- Veterans Administration Loans = guarantee loans of qualified veterans (do NOT lend $)
- USDA Rural Housing Loans
What does “LTV” mean?
Loan To Value
LTV = Loan/Value
What is the “MAXimum” LTV that many conventional lenders prefer?
80% LTV with 20% down
Can a conventional mortgage have higher LTVs?
Yes, 85-97% mortgages (put as little as 3% down)
What is Private Mortgage Insurance for?
When you don’t have 20% down
-pay default on loan of PMI amt.
When do we pay PMI?
Payed when > 80% LTV
-PMI = amount between LTV & borrowed amount
Who provides PMI?
-their down insurance companies, mortgage guarantee, AIG
How do people avoid PMI?
- Put 20% down
- Get 2nd mortgage (Higher Interest Rate)
- Get a gov’t backed/insured mortgage
Federal Housing Department- how much do borrowers INVEST?
- 5%
- more expensive (premiums upfront & monthly)
How does the Veterans Administration determine funding fees?
-how much down payment you put down
AND
-how many times you’ve gotten a VA loan (only want you to get once)
What LTV can veterans borrow under the program?
100%
What is the maximum loan amount for a VA loan?
$417,000
Do any veterans NOT have to pay the funding fee?
Yes, disabled veterans from fighting and widowers of veterans
Why does the VA require funding fees?
To make up for default losses
What LTV can be borrowed under the USDA rural development?
100%
What is the MAX loan term for USDA Rural Development?
38 to 40 yr. loans
-longer term to decrease the payments
Principal
The amount you have to take out for a promissory note
Interest Rate (APR)
Cost to the Borrower
Yield to the Lender
APR= Annual Percentage Rate
Recourse loan v. NONrecourse
RE=They can come after your other assets
- commercial or construction
NON=CanNOT come after your other assets
-home loan
Penalties
Pre-payment penalties=paying off mortgage early
-Common on commercial loans b/c short term notes
First Mortgage vs. Second Mortgage
1st=lowest interest rate, gets paid back 1st if foreclosure
2nd=highest interest rate, fixed pmt + upfront $
Why would someone get a 2nd mortgage?
Mortgage interest deduction, other debt
HELOC & it’s 3 criteria
Home Equity Line of Credit (like a credit card)
- Lowest interest rate, but VARIABLE rate
- more risk involved
- You can “draw” on it (amt.’s can be different)
- Bank can cut you off (DEMAND Clause)
How would the mortgages get paid for a $250,000 home if FORECLOSED?
Mortgages:
1st=$200,000
2nd=$50,000
Scenarios:
A) Bought at $200,000
B) Bought at $225,000
C) Bought at $275,000
See Notes.
Default Foreclosure
120 days behind on pmts
- lawyer advertises you in paper for month, then sell home on first Tuesday of next month
- court ordered foreclosure