RE Financing Flashcards

1
Q

Equity

A

Equity is the difference between a home’s value and the debt owed on it.

Equity = value - amount owed

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2
Q

Being upside on mortgage

A

If a borrower owes more on a property than its value, the borrower is in a negative equity situation. This is also referred to as being upside down on the mortgage.

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3
Q

Point

A

a point is equal to 1% of the loan amount.

Buyers may pay loan points (aka discount points ) at closing to achieve a lower interest rate that lasts for the life of the
loan.

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4
Q

Loan origination fees

A

Lenders charge loan origination fees as compensation for making the loan. These fees are expressed as points. In general, loan origination fees can’t exceed 3% of the loan value.

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5
Q

Conventional mortgage loans

A

Conventional mortgage loans offer a wide range of loan products with more diverse loan terms.
The federal government does not insure or guarantee these loans. Conventional loans may require a down payment of up to 20% of the purchase price.

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6
Q

Federal Housing Administration

A

FHA borrowers can qualify for a loan with lower credit scores and smaller down payments, making them a higher credit risk, FHA insures lenders against losses caused by borrower default.

FHA limits the amount that borrowers can finance based on regional average housing costs.
Interest rates are negotiable between the borrower and lender and change with the market.

FHA interest rates are typically
somewhat lower than conventional loan rates, though this may not always be true.

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7
Q

Department of Veterans Affairs ( VA)

A

The VA-guaranteed loan program is available to a wide range of individuals who have served in the U.S. military (as well
as their spouses)

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8
Q

U.S. Department of Agriculture (USDA).

A

The USDA Farm Service Agency ( FSA ) offers direct guaranteed loans to farmers and ranchers as well as for rural housing. The loans are funded by congressional appropriation. FSA loans can finance 100% of the purchase price and provide loan guarantees for up to 95% of the loss of principal and interest. Loan terms may be up to 33
years (38 for very low-income borrowers).

Rural development loans are government loans specifically for family farms and rural house financing. They
offer longer payback periods than traditional mortgage loans to reduce monthly payments.

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9
Q

Lender: mortgagee

A

Borrower: mortgagor

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10
Q

Promissory note

A

Both the mortgage and the deed of trust are accompanied by a promissory note , which is the borrower’s promise to repay
the loan.

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11
Q

Defeasance clause

A

security instrument that require lien to be release when loan is paid off

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12
Q

Accleration clause

A

cause all debt to come due immediately when borrower defaults

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13
Q

due-on-sale or alienation clause

A

borrower must repay in full when transferring ownership

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14
Q

FHA requirements

A

Minimum down payment of 3.5%

Seller can’t contribute to buyer down payment

Max debt ratio is 43-50%

Credit score more than 580

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15
Q

VA requirements

A

No down payment

Guarantee up to 25% of loan

Minimum credit score of 620

Debt ratio 41%

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16
Q

Private mortgage insurance (PMI)

A

Required on conventional loan where down payment is less than 20% and LTV more than 80%

End PMI when LTV reach 78%

17
Q

Mortgage Insurance Premium (MIP)

A

Required for all FHA loans must be paid for life of loan

18
Q

Truth in Lending Act

A

This act requires lenders to make full disclosure of terms and conditions in any offers of credit when advertising
trigger loan terms, so as not to mislead consumers.

19
Q

What is trigger terms (TILA)

A

“Trigger” terms in ads that would require the full disclosure of all terms include down payment, payment amount, number
of payments, and interest rate (other than APR).

20
Q

TILA-RESPA Integrated Disclosure (TRID)

A

The 2010 Dodd-Frank Act was implemented in part to provide stricter regulation and oversight of the financial services
industry.

Created consumer financial procession bureau (CFPB)

Include 2 disclosures: loan estimate and closing disclosure

21
Q

CPFB

A

Consumer Financial Protection Bureau

promoting fairness and transparency in mortgage loans, credit cards, and other

It also enforces disclosure requirements for all federally related loans.

The CFPB provides consumer-oriented education about all types of credit products and services, including mortgage loans.
Related to mortgage loans, the CFPB’s primary function is to require that lenders provide TRID (TILA/RESPA Integrated Disclosures) to mortgage loan applicants.

22
Q

Loan estimate

A

which the lender must provide within three days after loan application, informs buyers of the
costs they’re likely to pay at settlement and discloses the mortgage loan specifics, such as its key features, costs, and risks.

23
Q

Closing Disclosure

A

lenders must provide at least three days prior to closing, gives final loan details, including the loan terms, projected monthly payments, fees, and other closing costs.

24
Q

Real Estate Settlement Procedures Act (RESPA)

A

federal consumer protection statute implemented to help homebuyers in the homebuying process and to prohibit
discriminatory lending practices

Require written disclosures to help to make estimated and final settlement costs clear and fair to consumers.

Prohibit kickbacks and referral fees among settlement service providers

Prohibit licensees from accepting fees or gifts from settlement service providers they may refer.
Require lenders to base lending decisions on a borrower’s creditworthiness, not protected class status, and to invest in their
communities through financing rehabilitation programs and providing mortgage loans.

25
Q

Equal Credit Opportunity Act (ECOA)

A
prohibits lenders from making credit unavailable or offering less favorable terms based on protected class status vs.
creditworthiness.
26
Q

Predatory lending

A

unfair or abusive lending to buyers. Predatory lenders impose deceptive, coercive, and exploitive
practices while financing risky loans to take advantage of consumers to increase their debt.

26
Q

Predatory lending

A

unfair or abusive lending to buyers. Predatory lenders impose deceptive, coercive, and exploitive
practices while financing risky loans to take advantage of consumers to increase their debt.

27
Q

Equity skimming

A

When an investor receives title to a property- often by using a straw buyer-doesn’t make the
mortgage payments, and usually rents out the home until foreclosure occurs

28
Q

Straw buyers

A

Real identity concealed behind someone else’s name and credit

29
Q

Usury

A

involves lending money at an excessive interest rate.

30
Q

escrow closing

A

in an arrangement where
the parties never meet, but instead sign their closing documents in the presence of the closing officer

In an escrow closing, sellers usually sign first, then buyers sign at a separate meeting. Typically, this will occur on the same day. Sellers sign first so that funds and the deed can officially change hands once the buyers sign.

31
Q

Who attends closing?

A

the buyer, the seller, the respective licensees, and the closing officer. Others present may include attorneys or lenders.

32
Q

Who is responsible for ordering title insurance?

A

closing officer (closing agent/escrow officer)

After the closing meeting, the closing officer is responsible for distributing all funds appropriately and recording the deed
and other required documents

32
Q

Who is responsible for ordering title insurance?

A

closing officer (closing agent/escrow officer)

After the closing meeting, the closing officer is responsible for distributing all funds appropriately and recording the deed
and other required documents

33
Q

What item is usually prorated at closing?

A

Property taxes and HOA dues
Fuel (propane or oil tank)
Water and sewer charges
Prorated items (either accrued or prepaid)

34
Q

Accrued and prepaid prorated item

A

Accrued expenses are items the seller owes on closing day but that the buyer will eventually pay (unpaidcurrent property taxes, for example). These appear in the seller’s debit column and the buyer’s credit column.

Prepaid expenses are those the seller already paid but the buyer should pay a portion of (such as prepaid real estate taxes and utilities paid in advance). These items are credited to the seller and debited to the buyer.