Financing 9% Flashcards
Promissory Note (aka “note”)
EVIDENCE OF THE DEPT: GIVEN TO BENEFICIARY
A promissory note is a promise to pay a debt at agreed upon terms. A promissory note is generally not recorded and contains details about the loan such as the maturity date, interest rate (i.e. fixed, variable, etc), payment amount, and frequency. A promissory note itself is not secured by the real estate.
An unconditional written promise of one person to pay a certain sum of money to another person, order or bearer at a future specified time. A broker who accepts a promissory note as a deposit from a prospective purchaser must generally disclose to the seller that the buyer’s deposit is in the form of a promissory note.
Mortgage or Trust Deeds act as what
THE TRUST DEED IS THE SECURITY FOR THE DEBT: GIVEN TO TRUSTEE
In order to secure repayment of the promissory note with real estate, a lender uses either a mortgage or deed of trust which are also sometimes referred to as “security documents” because they secure the promissory note to the real estate to create a permanent record in the county in which the real property is located. This recorded document puts the public on notice and creates “notice of the lien” to anyone who may have reason to research title to the property.
Mortgage vs Trust Deed: Parties involved
A MORTGAGE involves TWO PARTIES: a Borrower (the Mortgagor) and a Lender (the Mortgagee)
A TRUST DEED involves THREE PARTIES: a Borrower (the Trustor), a Lender (the Beneficiary), and the title company, escrow company, or bank (the Trustee) that holds title to the lien for the benefit of the lender and whose sole function is to initiate and complete the foreclosure process at the request of the lender.
Mortgage vs Trust Deed: procedure for enforcing the lien via FORCLOSURE
A MORTGAGE is enforced by a COURT supervised foreclosure process which is known as a JUDICIAL FORECLOSURE and the process includes the lender filing a lawsuit against the borrower.
*The REDEMPTION PERIOD (1 YEAR) is a period of time established by state law during which a property owner has a right to redeem real estate after a judicial foreclosure by paying the sales price, interest and costs.
A TRUST DEED gives the lender (i.e. banks or hard money lenders) the option to bypass the court system by following the procedures outlined in the trust deed and applicable state law. This is called a NON-JUDICIAL FORECLOSURE or TRUSTEE’S SALE. If the trustee conducts a foreclosure sale, title is conveyed from the trustee to the new owner via a document called a TRUSTEES DEED. If there are no bidders at the trustee sale, the property reverts back to the beneficiary (lender) and title is still transferred from the trustee to the lender using the Trustee’s Deed.
Adjustable Rate Mortgage (ARM): Index
Index: The benchmark interest rate to which an adjustable rate mortgage is tied. An adjustable rate mortgage’s interest rate consists of an index value plus a margin.
Adjustable Rate Mortgage (ARM): Margin
Margin: What is ‘ARM Margin’ A fixed percentage rate that is added to an index value to determine the fully indexed interest rate of an adjustable rate mortgage (ARM). The margin is constant throughout the life of the mortgage, while the index value is variable.
Adjustable Rate Mortgage (ARM): Cap
Cap: This cap puts a limit on the interest rate increase from one adjustment period to the next. Lifetime cap: This cap puts a limit on the interest rate increase over the life of the loan. All adjustable-rate mortgages have an overall cap.
Real Property Sales Contract/ Land Contract
+ relation to CalVet loans
A program to help eligible California Veterans finance the purchase of farms and ranches within the state
Contract whereby seller (Vendor) retains title and buyer (Vendee) is given possession.
A land contract is a form of seller financing. It is similar to a mortgage, but rather than borrowing money from a lender or bank to buy real estate, the buyer makes payments to the real estate owner, or seller, until the purchase price is paid in full.
With a CalVet mortgage loan, CalVet purchases a qualified military veteran’s desired property and then sells it to him using a contract of sale, sometimes known as a land contract.
Federal Housing Administration (FHA)
A federal agency established in 1934 under the National Housing Act to encourage improvement in housing standards and conditions, to provide an adequate home-financing system through the insurance of housing mortgages and credit and to exert a stabilizing influence on the mortgage market.
FHA does not make loans, but it insures loans made by lending institutions such as banks, life insurance companies, and mortgage companies.
INSURES LENDER…NOT BUYER
VA guaranteed
A government-sponsored mortgage assistance program administered by the Department of Veterans Affairs.
A VA loan can be made with no down payment required. The other financing programs generally require a down payment.
Truth-in-Lending Act (Regulation Z) ( aka TILA)
Requires lenders to make meaningful credit disclosures to individual borrowers for certain types of consumer loans. A principal purpose of TILA is to promote the informed use of consumer credit by requiring disclosures about its terms and cost. The regulation also applies to all advertising seeking to promote credit.
Truth-in-Lending Act (Regulation Z) ( aka TILA)
The purpose of the Federal Truth-in-Lending Act is to assure consumers that they are provided information on the costs of credit by disclosing credit terms.
Requires lenders to make meaningful credit disclosures to individual borrowers for certain types of consumer loans. A principal purpose of TILA is to promote the informed use of consumer credit by requiring disclosures about its terms and cost. The regulation also applies to all advertising seeking to promote credit.
- Must be included in the total “finance charge” required as part of the disclosure statement
- commissions or finder’s fees to lenders
- premium for FHA life insurance
- loan origination fee
*Cost of a credit report and appraisal fee need NOT be included in the total “finance charge” required as part of the disclosure statement
FICO
The most commonly used credit rating system
FICO
The most commonly used credit rating system.
A FICO score is a credit score developed by Fair Isaac & Co. Credit scoring is a method of determining the likelihood that credit users will pay their bills. Fair, Isaac began its pioneering work with credit scoring in the late 1950s and, since then, scoring has become widely accepted by lenders as a reliable means of credit evaluation. A credit score attempts to condense a borrowers credit history into a single number. Fair, Isaac & Co. and the credit bureaus do not reveal how these scores are computed. The Federal Trade Commission has ruled this to be acceptable.
Federal National Mortgage Association (FNMA)
Popularly known as “Fannie Mae,” an active participant in the secondary mortgage market.
Fannie Mae was established as a federal agency in 1938 for the purpose of purchasing FHA loans from loan originators to provide some liquidity for government-insured loans in a depression-wracked economy when few lending institutions would undertake this type of loan.
The primary activities of the agency involve BOTH FHA Title II loans (insured) and VA loans (guaranteed).
Deficiency Judgment
A deficiency judgment is an unsecured money judgment against a borrower whose MORTGAGE FORECLOSURE SALE did NOT produce sufficient funds to pay the underlying promissory note, or loan, in full.
A deficiency occurs when the foreclosure sale of a property produces less than the amount needed to pay the costs and expenses of the action and to pay off the balance of the loan. The parties to the transaction are paid in order of their priority.
A deficiency judgment is a judgment against a borrower for the balance of a debt owed when the security for a loan is insufficient to satisfy the debt. A deficiency occurs when the foreclosure sale of a property produces less than the amount due on the loan. In California, a mortgagee cannot recover a deficiency judgment on a purchase-money loan. In those states where mortgages generally carry a “power of sale,” creditors must bring a separate action to obtain a deficiency judgment.
Upon Satisfaction of Mortgage
A Satisfaction of Mortgage is used to acknowledge the same of a Mortgage agreement. A document generated and signed by a mortgage lender, acknowledging that the borrower has paid off the mortgage loan in full and that the mortgage is not a lien on the property.
Upon Satisfaction of Trust Deed
A Deed of Reconveyance is a document which transfers title in the property back to the borrower from the Trustee and it is used to acknowledge that the borrower has fully paid what he or she owed under a Deed of Trust.
An assignment of a rent’s clause in a trust deed
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Ginnie Mae
The Government National Mortgage Association (Ginnie Mae) is an agency under HUD that guarantees securities sold and issued by Fannie Mae. Ginnie Mae does not insure loans.
A federal agency created in 1968 when the Federal National Mortgage Association (FNMA) was partitioned into two separate corporations. “Ginnie Mae,” as it is commonly called, is a corporation without capital stock and is a division of HUD.
back-end ratio
Gross monthly income
conventional loan
A loan made with real estate as security and NOT Involving GOVERNMENT PARTICIPATION. The loan is conventional in that it conforms to accepted standards and the lender looks to the credit of the borrower and the security of the property to ensure payment.
the Consumer Price Index.
The purchasing power of a dollar is measured by the Consumer Price Index.
The Consumer Price Index (CPI) is a measure that examines the weighted average of prices of a basket of consumer goods and services, such as transportation, food and medical care. It is calculated by taking price changes for each item in the predetermined basket of goods and averaging them.
It is a great indicator of inflation
Upon Satisfaction of Trust Deed
A Deed of Reconveyance is a document which transfers title in the property back to the borrower from the Trustee and it is used to acknowledge that the borrower has fully paid what he or she owed under a Deed of Trust.
The trustee must deliver a deed of reconveyance within 21 days of the trustor’s demand.