Financing in California Flashcards
Mortgage
Is a legally binding document that creates a lien security interest on a piece of property that gives the mortgage lender the right to foreclose on the property is the mortgagor, borrower defaults.
Title theory
The borrower receives the deed, but the lender keeps the title and owns the house until the borrower pays off the loan. Similar to an automobile purchase through financing. Easier to foreclose a property and a title theory state.
Lien theory
The borrower holds the title and owns the house, but a promissory note signed by the borrower, gives the lender the right to seize and sell the house. Should the borrower default. The document. That place is a lien on the property is the mortgage. That shows up on the title, property cannot be transferred without the debt to the mortgagee being satisfied
Promissory note
Promise on the part of the bar war, to repay certain some of the money to another party, the payee or holder, under a certain set of terms
Principal and interest
The length of a loan
Late fees and payment penalties
Description is default
Accurate date
Negotiable instrument meaning the holder may transfer the right to receive payments to a third-party
What is a mortgage?
A legally binding document that is a lien against a property
Who is the mortgagor?
The borrower
Who is the mortgagee?
The lender
Deed of trust
Similar to a mortgage, in this document, the borrower conveys title for the property to a trust, which hold it as security for the lender
Example, some states use deeds of trust, others use mortgages. Often mortgage is used, even when a person means deed of trust.
both are accompanied by a promissory note, which is the borrowers promise to repay the loan.
Lien theory
The state adopt the lenders mortgage is a lien on a property. A title theory state says that the lender owns the property until the loan is paid off
The link is the lender the right to seize and sell the house. Should the borrower default
Usually results in court order that allows the lender to seize and sell the home
Called judicial foreclosure
Judicial foreclosure
Foreclosure process requiring court proceedings
Deeds of trust title theory
Are involve three parties, the borrower, or Trustor, the lender, or beneficiary, and a third-party, or trustee. Borrowers have equitable title until they’ve paid the loan. The trustee holds the legal title via the deed of trust till it’s paid off.
Some states attorneys act as trustees, and some other states, title insurance companies often provide the service
When the buyer has repay the loan, the lender directs the trustee to release the title to the borrower by granting a reconveyance deed to the borrower, who now owns the house, free and clear.
Trustee holds the title, and can legally sell it if the buyer defaults. The lender just Hass to prove that the borrower defaulted in the process called non-judicial foreclosure.
Nonjudicial foreclosure
A lender is able to sell a property in the event of a fire default, without going through the court system, usually granted be at a power of sale clause in the security instrument
Title theory
The theory that a lender owns the property until the underlying loan is paid off
The difference between lien theory and title theory
Lien theory: lender hold a lien on the property, but not Teitel, and therefore must use judicial foreclosure, lender has Lien
Title theory : lender, actually a third-party, holds legal title, and can use nonjudicial foreclosure, lender has title.
Involves two parties, the borrower and lender
Mortgage
Involves three parties, the borrower, lender, and trustee
Deed of trust
Backed by a promissory note
Both deed of trust and mortgage
If a mortgage is being used, which party received the following items
Mortgage and promissory note
The lender or the trustee
The lender
How does a deed of trust work?
The deed of trust goes to the trustee
The promissory note goes to the lender
discount points
Points a lender charges at closing, buyer, sometimes up to pinpoint to get a lower rate or to buy down the interest rate
Negotiable instrument
A document that conveys and unconditional promise to pay a fixed amount, with or without interest
Mortgage bond
May be used instead of a promissory note. May face foreclosure. Each state has rules. Weather Bon may be used instead of a promissory note.
Promissory note items
Principal, interest rate, lonely, discount, points, payment penalties
This isn’t a foreclosure document. However, the note should include late fee, information, default, circumstances, and process, if a borrower defaults.
Negotiable instrument
May not be payable on demand
Interest is charge for the money owed, the rate of interest, which may be fixed or variable, must appear either on the instruments out, or it must be referenced in an associate a document
The negotiable instrument may not contain any conditions for payment, it must be unconditional
Maybe handwritten, typed, or pre-printed
Payable on demand if no, definite time is stated
Interest rate is included, which is a fixed variable, must appear, either in the instrument itself or referenced in a document
Signatures may be printed or stamped