Real Estate Finance Flashcards
Defeasance Clause
upon satisfaction defeats conveyance to lendor
Acceleration Clause
Upon default, maturity date of loan accelerates
Due- on- Sale Clause
upon sale or transfer of any interest loan is due and payable
Exculpatory Clause
Lender agrees not to hold borrower personally liable for debt
Open end clause
borrow additional funds and secured by the same mortgage
prepayment clause
right to repay without a penalty; FHA and VA prepay with out penalty
Lien Theory of Mortgage
Mortgagor holds legal and equitable title (fl is a lien theory state)
Title Theory
Lender holds legal title to secure debt; Mortgagor holds equitable title
FHA
FHA insures loans by private (conventional) lenders
mortgage payment - PITI+MIP
VA
Partially guaranteed by Veteran Affairs
No max loan (4x veterans eligibility)
Max guarantee $104,250
Conventional Loans (Mortgage)
Any loan not FHA insured or VA guaranteed
Sale ‘Subject to’ Mortgage
Buyer has no liability; seller fully liable
Buyer ‘Assumes’ Mortgage
buyer is responsible for all debt
Novation
substitution of new debtor for existing debtor; first debtor (seller) released from liability
Regulation Z
Requires that borrowers be clearly shown the cost of credit in both dollars and percentages (APR)
Enforced by FTC