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
Promissory note terms
The amount charged for the use of the money = interest
Type of prepaid interest that borrowers pay to lower a loans interest rate = discount point
Feed that’s charged when a borrowers pays a loan off early = prepayment penalty
Promissory and Usery facts
All private lenders are not subject to use three laws, so use caution when working with them
Usery laws vary by state to state
Private lenders aren’t part of federal lending system don’t fall under Usery laws therefore borrowers should use caution and ask for a statement of all closing costs, the interest rate, and effective rate before making a financing commitment
Security instrument
A mortgage document
Steps on mortgage clauses
1 identifies parties, it also references that the note may be either be a part of the instrument or separate instrument . Borrower = security instrument. “I” “me”
Lender keep escrow funds, safe in a lending institution, use the escrow funds to pay the escrow items.
Why is it important for the borrower to assure the lender that a title is clear of defects?
It provides a good and marketable title for the lender to sell upon foreclosure. In the event of default, the lender will claim the property and sell it to recoup money from the original lien.
Does the lender or borrower deposit escrow funds?
Lender mortgagee
Does the lender or borrower pay the mortgage and property taxes?
Borrower mortgagor
Defeasance
Means the Barbara will receive the full title was the debt is repaid
Acceleration
A clause which gives the lender the right to make all money owed immediately due and payable in the event of the borrower defaults
Due on sale
Also called alienation clause requires the bar were to repay. The loan on the property was selling or transferring ownership of the property.
Prepayment penalty
This clause puts the bar I noticed that if the loan is paid off before a specific period of time, the lender may be owed additional interest
This protects the lender from losing profit = rare clause
Requires borrower to repay the loan when transferring ownership
Due on sale
Permits the lender to make the loan immediately due and payable is a borrower defaults
Acceleration
Stipulates that the lender may be owed additional interest if the buyer pays the loan off prior to the full loan period
Pre-payment penalty
Mortgage
A legally binding instrument that creates a lien on a piece of property
Acceleration clause
A clause in a mortgage that makes the entire day do immediately in the case of borrower defaults
Due on sale
A requirement at the bar, repay the loan when transferring ownership to another
Promissory note
I promise by a borrower to repay the loan
Payment penalty
And amount charged by the lender for interest, lost one a borrower cells or pay off a loan early
Mortgagor
The barrower
Mortgagee
The lender
Triggering term
A term that requires disclosure of other term related to the loan, if any such term is used, all terms must be disclosed
Biweekly mortgage plan
Pay half the mortgage payment every two weeks instead of once per month
1/12 mortgage plan
Dubai the mortgage amount by 12 and add the additional about to the monthly payment
Lump sum mortgage plan
Put a portion of any bonuses, tax returns, or other extra money towards the mortgage
Snowball mortgage plan
When another bill is paid off, add the amount to the mortgage payment
Recording mortgages
first mortgage (senior) - lien A recorded August 1, 2000
Junior mortgage - lien B - recorded July 1, 2010
Junior mortgage - lien C - recorded September 1, 2005
First mortgage - Lien D - recorded February 1, 2010 (because Lyndsey signed subordination agreement)
Jason bought a home in 2005 and obtained a mortgage from town land bank and trust. In 2010, he obtain a home equity loan from vanshield bank. And 2014 he refinance his mortgage through State mortgage. Vanshield bank has signed a subordination agreement. Who is First Junior and satisfied?
The refinance from State mortgage will pay off the Lim with Tile Lynn bank and trust. Vanshield thanks subordination agreement influences its spot, as well.
Vanshield bank lien would have been in the first spot had it not signed a subordination agreement. Since the day, this put state mortgage as the priority, even though the lien was recorded at a later date.
State mortgage lien = first
Vanished bank lien = Junior
Turn on land bank and trust lien =satisfied
Which of the following is the name of a penalty lenders charge when borrowers repay their loans earlier than expected?
Discount point
Late fee
Prepayment penalty
Usery
Pre-payment penalty
A trustee is holding title to Cassandra’s house until the loan is paid off in full. Which type of security instrument was used?
Deed of trust
Mortgage
Mortgage and deed of trust
Promissory note
Deed of trust
Three parties are involved, when a deed of trust is used, the lender (beneficiary), the borrower (Trustor) call mom and a neutral third-party (trustee). The trustee holds the title on the loans when a deed of trust is used.
Generally, there are covenants between the borrower and the lender within a mortgage document. What is one
Pay any charges and assessments against the property
What’s an upfront charge to make up for the difference between the interest rate and the borrower is paying and the rate the lender normally requires?
Discount point
Interest
Note
Usery
Discount point
A lender may charge discount points to make up for the difference between the rate the bar, where is receiving, and the rate the lender normally requires.
What type of foreclosure is commonly used with a mortgage is the security instrument?
Judicial
What is the mortgagor’s responsibility?
Keep the property in good repair
What describes a subordination agreement?
An agreement between two lienholders, to modify the order of lean priority
Jason purchased his dream home six months ago. After Jason received an inheritance from his uncle, he decided to pay off his mortgage. What should he consider before doing this?
Whether he will incur a payment penalty
PITI
Principal
Interest
Taxes
Insurance
A mortgage payment that has PITI (principal, interest, taxes, and insurance) lumped together is called a
Budget mortgage
Amortized mortgage
Payment amount remains stable, loan balance is reduced, a greater portion of the payment is applied to the principal balance.
Straight line loan
Portion of the payment applied to the principal remains the same with each payment, and the interest amount varies according to the outstanding loan balance each payment changes, and the barber makes higher installment payments at the beginning of the loan, when the loan balance is higher, and more interest is due. Overtime the amount of each installment payment lowers the outstanding balance
What is a mortgage constant payment method?
Amortized loan
What is a mortgage amount of combine principal and interest paid each month that remains the same over the loan term
Straight line loan
Amortized loan
Amortized loan
Payments change over the term of the lawn, generally, with hire payments at the beginning of the loan term
Straight line loan
Amortized loan
Straight line loan
What mortgage is also called constant amortization
Straight line loan
Amortized loan
Straight line loan
Reserves for taxes and insurance
Lenders require you to keep a reserve fund, a.k.a. escrow account or impound account, for taxes and insurance. Federal regulations limit the amount, but buyer should be prepared to put as much as 14 months worth of prepaid property, taxes, and insurance and reserves at closing time.
Lenders require borrowers, who live in floodplains to obtain flood insurance as a condition of obtaining their loan
What affects home affordability
Principal
Interest rates
Property taxes
Flood insurance
Reserve funds may also be called an escrow account
True or false
True
Reserve funds are designed for principal, interest, taxes, and insurance
True or false
False
A reserve fund is for tax and insurance payments
Lenders may require as much as 14 months worth of prepaid tax and insurance amounts, and reserve at the time of closing
True or false
True
Federally regulated lenders require borrowers to obtain flood insurance if the property is in a flood, playing as a condition of obtaining a mortgage
True or false
True
Flood insurance is standard coverage with most homeowners insurance policies
True or false
False
The national flood insurance program helps homeowners and flood hazard areas obtain insurance
True or false
True
Reserves and property taxes
1 At property tax payment time, will receive a property tax bill. If they’re paying their property taxes with their mortgage, they don’t have to pay this. important oh, if they pay twice will need to work with the lender to ensure that the property taxes aren’t withheld from the following period.
Buydown
The financing technique in which the buyer obtains a lower interest rate by buying down the interest rate at the time the loan is made. Lump sum pre-payment of interest to the lender at closing that buys down the interest rate to be low, the market rate, either temporary Lee or permanently. to apply for a larger loan.
Most are temporary
Can help the borrower qualify for a larger loan, keep payments lower for the first few years, includes principle and interest, reducing the loan balance overtime.
One, two, three months example year one, 3.75%, year two 4.75%, year three 5.75%.
Fourth year goes to regular original rate of 6.75%.
Example of a buy down
A buyer pays the lender two discount points so he can log into a 5.25% interest rate at closing.
What are types of property sales?
Sale subject for mortgage
Sale with assumption of a mortgage
Free and clear
Satisfaction of a mortgage
Release of mortgage, which is recorded
If a mortgage payment is not paid by the seller, they owe money that they possess. They need to have their attorney get them released from liability and make sure the mortgage is recorded, and the release of the mortgage is called a satisfaction of mortgage.
The seller is released from all liabilities. Any loan balance is paid off prior to or at closing. What type of mortgage property sale is this?
Free and clear
The buyer takes on the sellers mortgage and liability for the note. What kind of mortgage property sale is this?
Assumption of a mortgage
The buyer takes title of the property with the sellers lean still in place. What type of mortgage property sale is this?
Subject to existing mortgage
Satisfaction of mortgage
Records the release of a mortgage
Clouds the property tiled if the document is not recorded
Skip the release of the mortgage
Often, if a buyer tries to assume a sellers loan, a due on sale clause in the sellers mortgage is triggered
True or false
True
Loan assumptions make the most sense for the buyer if the interest rates have fallen, since the sellers loan was originated
True or false
False
Remember that, if a buyer assumes alone, he’s assuming the loans interest rate as well. What a fire want to pay more than the prevailing interest rate?
In addition to the assumed loan, the buyer will need to pay the seller for any equity in the property
True or false
True
When the fire assumes the debt, the lender me specify different terms
True or false
True
Your buyer clients have plenty for a down payment and closing costs, and they like to lower interest rate than the going rate. How can they use some of their save funds to get a better interest rate?
They can buy down the interest rate
What often compromises the sum total of a buyers mortgage payment?
Principal, interest, taxes, and insurance
Maddie is looking over some documents while preparing for the closing of her first home purchase. She says that her lender requires six months pre-payment of this in her escrow account.
Insurance and taxes
Insurance only
Late fees
Taxes only
Insurance and taxes
Reserve fund may also be called——— account
- Additional
- Escrow
- Insurance
- Taxable
Escrow
I reserve fund may also be called an escrow or impound account
Savings and loan association - also called thrifts
Specialized taking savings deposit, lending out through mortgage and loans. Required to keep their commercial lending at or under 20%, tied to consumers and mortgage loans.
Commercial banks
Bank of America chase, consumer and business loans, offer, investment products, and take deposits
Credit unions
Member-based cooperative, provide credit for auto loans and home loans. They take deposits and offer savings, vehicles, money, markets, and the like. Rates are competitive.
Mortgage, bankers, and mortgage brokers
Both concentrate on mortgage lending
Mortgage bankers actually do the lending. In-house loan, processors and underwriters. Wells Fargo mortgage is an example. Mortgage bankers can close quickly because they find their own loans, but range of offering is narrow and limited to their own products.
Mortgage brokers work with multiple lenders to search and negotiate the best deal for particular buyer circumstances. They don’t loan the money out themselves, they are not tied to a specific suit of lawn products.
Lending insurance companies
Nationwide, finance mortgage loans. These companies use their money to find out some types of mortgages.
Lending Investment groups
Many types of investment groups, that lens specifically to people who want to avoid conventional financing, such as other investors. These investment groups also purchase mortgage back securities.
Lender associations that accepts savings deposit an offer loans
Savings and loan associations
Lending national banks that offer, consumer and business loans
Commercial banks
Member based cooperative that provide credit for loans
Credit unions
Lending companies that finance, mortgage loans, but specialize in insurance products
Insurance companies
Lenders that are groups that man to those who want to avoid conventional financing
Investment groups
Who does the lending?
Mortgage bankers
Mortgage brokers
Mortgage bankers
Who has in-house loan processors and underwriters?
Mortgage bankers
Mortgage brokers
Mortgage bankers
Who has narrow offerings, which are often limited to their own products
Mortgage bankers
Mortgage brokers
Mortgage bankers they use in house
Who works with multiple lenders to search for a negotiate the best deal
Mortgage bankers
Mortgage brokers
Mortgage brokers
Do mortgage brokers, lend money themselves
Yes, or no
No
Primary market mortgage
Compromised of lending institutions that led directly to the consumer. They generate loans, then the package them and sell them on the secondary market. Primary loans are either conventional or government loans.
FHA and VA loans are examples of government loans
Conventional or government loans
Insured by the federal housing administration FHA or those guaranteed by the US department of Veterans Affairs VA.
Conventional loan, long to value ratio, LTV, the ratio of a loan amount to the value of the property being purchased = Islam value ratio exceeds 80%. The bar will likely have to purchase private mortgage insurance for the lender.
Private mortgage insurance PMI
An insurance requirement that protects the lender when it approves a loan with more than 75 to 80% of the purchase being financed
Loan term
30 year mortgage, we have a lower monthly payment, but what if borrower will not have a steady income in the future.
15 year mortgage will allow no mortgage payment when the plan is to have a fixed income
PMI termination
May terminate automatically, or the borrowers request under certain circumstances.
Automatic termination, when equity is scheduled to reach 22% based on original value, borrowers must be current on payments
Borrower requested termination made request to terminate PMI when principal balance on the loan is scheduled to reach 80% of homes original value, must be current on payments and good payment history, request termination in writing, prove no junior liens on property exist. Provide evidence such as an appraisal.
final termination is borrowers are current on payments, lender must terminate PMI one month after loan, reaches the midpoint of its amortization schedule, even if the LTV isn’t yet 78%. Will happen for bars who start out with a negatively amortized loan (interest only) call my some sort of balloon payment, balloon mortgage
Loan-to-value ratio LTV
The ratio of a loan amount to the value of the property being purchased
Example, if a loan to value ratio exceeds 80%, the bar we will likely have to purchase private mortgage insurance for the lender