Mortgages Flashcards
Real Estate Settlement Procedures Act (RESPA) in 1974 to
provide home buyers with more information about settlement procedures and to protect them from high settlement fees
RESPA applies to
1) all federally related mortgage loans
2) nearly all first mortgage loans
General purpose of Real Estate Settlement Procedures Act (RESPA)
is to regulate mortgage lenders
The porpose of the Federal Trade Commission Act is to
prevent unfair methods of competition and unfair or deceptive practices
Federal Trade Commission Act
applies to mortgage lenders but does not regulate them
If a buyer takes a mortgage “Subject to”
the buyer accepts no liability for the mortgage and the seller is still primarily liable
To have an enforceable mortgage it
1) Must be in writing
2) Must include description of property and debt
A mortgagor has the right to redeem the mortgage property
after default and before a judicial sale by payment of all principal and interest on the note
Most states allow a mortgagor (usually 1 year after the foreclosure sale)
to reinstate the debt and mortgage by paying purchase price plus interest on the note to the purchaser at sale
The Right of Redemption will terminate
at the time of foreclosure unless a statutory right of redemption has been enacted.