RE Finance Flashcards
Fannie Mae
Secondary Markets
• Fannie Mae is the nation’s largest investor in residential mortgages.
- Lenders can sell Fannie Mae loans insured by FHA and guaranteed by
Department of Veterans Affairs (VA).
- Operation funded by securitization, act of pooling mortgages, then selling as mortgage-backed securities.
- Originator lender or other mortgage servicing company services these loans.
- Fannie Mae is a government-sponsored enterprise (GSE) that can borrow from U.S. Treasury to continue operating in the secondary market.
Freddie Mac
is a nonprofit, federally chartered institution controlled by Federal Home Loan Bank System.
- Sells mortgage loans from portfolio to investors through mortgage-backed securities
- Funds generated by sale of mortgages used to purchase more mortgages.
- Freddie Mac is a government-sponsored enterprise (GSE) that can borrow from U.S. Treasury to continue operating in the secondary market.
Ginnie Mae
is a government-owned corporation, operating under HUD.
- Does not purchase mortgages from lenders; does not buy, sell, or issue securities
- Guarantees principal and interest payments on federally insured or guaranteed mortgages through mortgage-backed securities
- Works with loans from FHA, VA, Rural Housing Service, or HUD’s Office of Public and Indian Housing
- Carries full faith and credit guarantee of U.S. government
- Ginnie Mae is a wholly-owned government corporation, not a GSE.
Underwriting
- The process of evaluating a borrower’s risk factors before the lender will make a loan
- The first step in getting a loan is for the borrower to fill out a loan application.
Once the lender has the borrower’s completed application, underwriting can begin.
The purpose of underwriting is to determine if the borrower and the property meet the minimum standards established by the primary lender and the secondary market investor.
Once both the borrower and the property qualify, the loan process continues until it closes.
Truth in Lending Act (TILA)
- The Truth in Lending Act (TILA), Title I of the Consumer Credit Protection Act, is aimed at promoting the informed use of consumer credit by requiring disclosures about its terms and costs.
- TILA applies to real estate loans that are secured by the borrower’s principal dwelling. TILA defines a dwelling as a 1-4 residential structure, individual condominium unit, cooperative unit, mobile home, and trailer, if it is used as a residence.
Real estate loans that are exempt from the TILA include credit extended primarily for business, commercial, or agricultural purposes, or credit extended to other than a natural person. Additionally, loans over $25,000 that are not real estate loans are exempt.
Regulation Z
Regulation Z requires that creditors disclose the following items for real property secured loans:
Amount financed : Written itemization of the amount financed
Finance charge
APR :Variable rate and discounted variable rate disclosures
Total of payments
Payment schedule : Prepayment penalties, due-on-sale clauses, late payment charges, insurance, and loan assumptions disclosures
Name of the lender
Adjustable Rate Loan Disclosure
A lender offering adjustable rate residential mortgage loans must provide prospective borrowers with a copy of the most recent CFPB publication, which provides information about adjustable rate loans.
Real Estate Settlement Procedures Act (RESPA)
- Protects consumers by mandating a series of disclosures that prevent unethical practices by mortgage lenders.
- RESPA applies to all federally related, 1-4 unit residential mortgage loans. These include most purchase loans, assumptions, refinances, property improvement loans, and equity lines of credit. The Consumer Financial Protection Bureau (CFPB is responsible for enforcing RESPA.
Equal Credit Opportunity Act (ECOA)
The Equal Credit Opportunity Act (ECO) ensures that all consumers are given an equal chance to obtain credit. This does not mean all consumers who apply for credit get it because factors such as income, expenses, debt, and credit history are considerations for creditworthiness.
Home Mortgage Disclosure Act (HMDA)
The federal Home Mortgage Disclosure Act of 1975 (HMDA) requires most mortgage lenders to gather data from borrowers who apply for loans. Its purpose is to determine whether lenders are serving their communities and to identify discriminatory lending patterns.
Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act (FRA) is one of the most important laws that protects consumer identity and credit information.
The Fair and Accurate Credit Transactions Act (FACTA)
The Fair and Accurate Credit Transactions Act (FACTA) of 2003 gives borrowers the right to see what is in their credit file and to have any errors corrected.
Housing Financial Discrimination Act of 1977
The Housing Financial Discrimination Act of 1977 (Holden Act) prohibits the discriminatory practice known as redlining
Redlining
- A discriminatory lending practice prohibited by the Holden Act.
- Redlining is an illegal lending policy of denying real estate loans on properties in older, changing urban areas, usually with large minority populations, because of alleged higher lending risks, without due consideration being given by the lending institution to the creditworthiness of the individual loan applicant.
Credit Scoring
A statistical method lenders use to assess a borrower’s credit risk.
Mortgage companies
Lender whose principal business is the origination, closing, funding, selling, and servicing of loans secured by real property
Real estate investment trust
A company with a minimum of 100 shareholders that owns operates income-producing real estate or engages in financing real estate.
Warehousing
Revolving line of credit extended to mortgage company from a warehouse lender.
Tight money
An economic situation in which the supply of money is limited, and the demand for money is high, as evidenced by high interest rates.
FDIC
Corporation that insures deposits in all federally chartered banks and savings institutions up to $250,000 per depositor.