Financing Flashcards
A land contract is also referred to as a(n): A » right of first refusal B » installment contract C » option contract D » listing contract
B » installment contract
Note: A land contract is also called an installment contract as well as a contract for deed. A right of first refusal gives a person the first opportunity to buy if a property is put up for sale. An option contract gives a person the right to buy at a set price for a definite time period in the future. A listing contract is between a seller and broker allowing the broker to try and sell the property.
Define Right Of First Refusal
Gives a person the first opportunity to buy if a property is put up for sale.
Define Option Contract
Gives a person the right to buy at a set price for a definite time period in the future
Define Listing Contract
A listing contract is between a seller and broker allowing the broker to try and sell the property.
In a land contract or contract for deed, the seller who retains the fee simple title is referred to as the: A » optionor B » optionee C » vendee D » vendor
D » vendor
Note: A seller is always called a vendor. The optionor is a giver of an option contract (seller). The optionee is the receiver of an option contract (possible buyer). The vendee is always a buyer.
Define Optionor
Giver of option (seller)
Define Optionee
Receiver of option (possible buyer)
Define Vendee
Buyer of property; in a contract for deed, buyer is one who gets possession of property and pays “installments” to the seller until the contract is paid off
Define Vendor
Seller of property; in a contract for deed, seller is one who retains legal title
A buyer wanted to purchase a property from a seller and assume the FHA loan on the property. The buyer, however, did not have enough money to assume the loan and make the down payment on the property. The buyer agreed to make equal monthly payments to the seller for one year for the down payment. This type of financing would be called a: A » shared appreciation mortgage B » package mortgage C » reverse annuity mortgage D » contract for deed
D » contract for deed
Define Shared Appreciation Mortgage
A type of mortgage where the lender shares in appreciation plus interest; a form of a participation loan
Define Package Mortgage
Uses both real and personal property as security
Define Reverse Annuity Mortgage
A type of mortgage where the mortgagee (lender) pays the mortgagor (borrower) a fixed amount every month; usually for retired people with home completely paid off
Define Contract For Deed
Owner financing where the seller keeps the warranty deed for the entire duration of the contract for deed; thus the seller retains legal title. The buyer gets possession and receives an equitable title upon the signing of the contract for deed, allowing for the buyer to obtain the deed after the entire contract is paid off. Also referred to as an installment contract or land contract.
In a contract for deed, when does the buyer obtain legal title?
A » At the signing of the sales contract
B » At closing
C » When the contract terms are satisfied
D » Only after recording of the deed
C » When the contract terms are satisfied
Note: At the signing of the sales contract the buyer obtains an equitable title.
In a contract for deed, when does the buyer receive the deed to the property?
A » When the contract is signed
B » When the deed is recorded
C » When the contract is recorded
D » When the payment obligation is paid in full
D » When the payment obligation is paid in full
What type of interest does the buyer receive in the property after the seller accepts the offer? A » Equitable B » Easement C » Record D » Equity
A » Equitable
The right to receive the title in the future is call “equitable title”.
Usury laws are designed to protect the: A » seller B » broker C » lender D » borrower
D » borrower
Note: Usury laws set the maximum interest that a lender can charge.
A loan for which of the following transactions would be covered under Regulation Z?
A » A commercial restaurant purchased for $985,000
B » Buying three condominiums in a resort area
C » A residential home purchased with a loan of $185,000
D » Purchasing an airplane for $5 million for a corporation
C » A residential home purchased with a loan of $185,000
Note: Regulation Z applies to residential loans.
Define Regulation Z
A federal law pertaining to lenders having to disclose all loan costs to borrowers; also referred to as Truth-In-Lending Laws
Define Corporation
A type of syndication where owners can limit their liability; a corporation who purchases real estate takes title in severalty
How many days does a lender have from the time of receipt of loan application to give to the buyer an estimate of closing costs (The Loan Estimate)? A » 3 days B » 4 days C » 5 days D » 6 days
A » 3 days
Note: Under the TILA-RESPA Integrated Disclosure Rules (TRID), a lender must give to the borrower an estimate of closing costs (The Loan Estimate) within 3 days of receipt of loan application.
A person was applying for a new VA loan on a single family home purchase. Which federal law was passed to ensure the buyer received disclosure of the total closing costs?
A » Truth-In-Lending Laws (Regulation Z)
B » The Equal Credit Opportunity Act
C » Usury laws
D » The TILA-RESPA Integrated Disclosure Rules (TRID)
D » The TILA-RESPA Integrated Disclosure Rules (TRID)
Note: The TILA-RESPA Integrated Disclosure Rules (TRID) requires disclosure of the initial estimate of buyers closing costs (The Loan Estimate) within 3 days of receipt of loan application. Also, TRID requires the disclosure of the final actual closing costs (The Closing Disclosure) for both seller and buyer to be delivered no later than 3 business days before consummation (closing).
Define Truth-in-Lending Laws
A federal law pertaining to lenders having to disclose all loan costs to borrowers; also referred to as Regulation Z
Define Equal Credit Opportunity Act
Bans credit discrimination based on: Race, Color, Religion, National origin, Sex, Age & Marital status
Who oversees and administers the provisions of the Real Estate Settlement Procedures Act (RESPA)? A » FBI B » CIA C » CFPB D » SEC
C » CFPB
Note: The Consumer Financial Protection Bureau (CFPB) replaced Housing and Urban Development (HUD) for overseeing the RESPA guidelines.
Define Real Estate Settlement Procedures Act (RESPA)
A federal law whose purpose is to inform borrowers ahead of time total closing costs so borrowers can shop around to get the best deal
Truth-In-Lending Laws are also referred to as: A » HUD B » RESPA C » Regulation Z D » Title VIII
C » Regulation Z
A lender charging an interest rate that is higher than allowed by laws would be violating: A » fair housing laws B » equal credit opportunity laws C » usury laws D » securities laws
C » usury laws
Define Usury Laws
Set the maximum interest rate that can be charged by law; states have their own unique usury laws
The Equal Credit Opportunity Act prohibits discrimination based on: A » sexual orientation B » a person being a minor C » a person being a senior citizen D » a person's credit rating
C » a person being a senior citizen
Which of the following would allow a lender to legally reject a loan for a residential house that was in good repair?
A » The buyer was of a different race than the other neighboring owners
B » The house was located in an area primarily used for light industrial
C » The house was located in a minority area of town
D » The buyer had been recently divorced
B » The house was located in an area primarily used for light industrial
Which of the following loans would fall under the three-day right of rescission allowed under Regulation Z?
A » A residential loan for a first mortgage
B » A loan for a commercial property
C » A loan for an agricultural property
D » A home improvement loan for a principal residence
D » A home improvement loan for a principal residence
Note: There is not a right of rescission for residential first mortgages, commercial or agricultural loans
Define Right of Rescission
Allows for a party to rescind or back out of a contract. On many loans, a borrower has a 3-day right to rescind (back out). However, there is no right of rescission with a real estate sales contract.
A final payment on a loan that was larger than the previous payments would be called a(n): A » fully amortized loan B » balloon payment C » straight note D » term loan
B » balloon payment
Define Straight Note
A loan where the payments apply to interest only; usually short-term; e.g., used on construction loans; principal paid in a balloon at end
An amortized note left a loan balance to be paid off at the end of the term. This would be called a(n): A » term loan B » straight note C » fully amortized note D » partially amortized note
D » partially amortized note
Note: Final payment is a balloon payment
Define Fully Amortized Note
A loan where the payments apply to principal and interest; the entire principal loan balance is totally paid off over the term
Define Partially Amortized Note
A loan where the payments apply to principal and interest; however, the principal loan balance is only partially paid down, thus usually requiring a balloon payment at the end of the loan term
Which of the following statements would be true of a partially amortized loan?
A » The amount going toward interest increases as time goes along
B » At the end of the loan, there is nothing left to be paid off
C » There are generally smaller monthly payments
D » The loan payments consist of interest only
C » There are generally smaller monthly payments
At the end of the loan term, an amortized note left a loan balance to be paid off. Which of the following terms BEST describes this type of note? A » Balloon B » Fully amortized note C » Open-end mortgage D » Construction loan
A » Balloon
A loan where each payment makes contributions toward principal and interest is a(n): A » straight loan B » package loan C » term loan D » amortized loan
D » amortized loan
A loan was amortized for a 30 year period. If the remaining loan balance was due at the end of 7 years, this is BEST described by which of the following terms? A » Reverse annuity B » Term note C » Balloon payment D » Amortized segment
C » Balloon payment
A mortgage in which the payments apply to both principal and interest is BEST referred to as: A » package mortgage B » purchase money mortgage C » blanket mortgage D » amortized mortgage
D » amortized mortgage
Define Purchase Money Mortgage
Owner financing; typically where a seller carries a second mortgage on behalf of the buyer
Which of the following best describes a term loan? A » Reverse Annuity B » Amortized C » Interest only D » Interest and principal
C » Interest only
Note: In a term loan, the borrower keeps the principal amount of the loan for the entire term; thus paying interest only during the term of the loan and paying the loan off in a balloon payment at the end.
The payment on a graduated payment mortgage usually has gradual increases:
A » and then returns to the original low payment for the remainder of the term
B » over the term of the loan
C » and then levels out for the remainder of the term
D » as the index increases over the remainder of the term
C » and then levels out for the remainder of the term
Note: Payments usually graduate for the first few years and then level out. The increases are determined when the loan is made, not based on an index like an adjustable rate mortgage.
A mortgage where the interest rate is subject to adjustments periodically is: A » limited reduction B » wrap-around C » graduated payment D » adjustable rate
D » adjustable rate
Note: Adjustable rate mortgages change the rate based on some economic index at regular intervals.
A property was sold by a foreclosure sale. The sale did not produce enough money to satisfy all the debts on the property. What could the creditors who weren't paid now file? A » A deed in lieu of foreclosure B » An estoppel certificate C » A deficiency judgment D » A blanket mortgage
C » A deficiency judgment
Define Deed in Lieu of Foreclosure
An agreement whereby the lender receives the deed to a property from the defaulting borrower rather than foreclosing; this is still referred to as an involuntary alienation; this does help save the borrowers credit
Define Deficiency Judgment
A personal judgment against the defaulting borrower for any other debts owed and not satisfied by a foreclosure sale