real estate financing Flashcards
straight note
A note calling for the entire amount of its principal
to be paid together with accrued interest in a
single lump sum when the principal is due.
impound account
A money reserve of the borrower’s funds held by
a lender or carryback seller to pay for annual obligations
owed by the owner to others.
hypothecate
To pledge a thing as security without the necessity
of giving up possession of it.
short payoff
A sale in which the lender accepts the net
proceeds at closing in full satisfaction of a greater
amount of mortgage debt.
land contract
A contract used in a sale of real property whereby
the seller retains title to the property until all
or a prescribed part of the purchase price has
been paid. Also commonly called a land sales
contract, conditional sales contract, installment
sales contract or real property sales contract.
reinstatement
A property owner or junior lienholder’s right to
cure any monetary default on a mortgage prior
to five business days before the trustee’s sale by
paying the delinquent amounts due on the note
and trust deed, plus foreclosure charges.
closing statement
An accounting of funds made to the buyer and
seller separately. Required by law to be made at
the completion of every real estate transaction.
[See RPI Form 402]
amortization
The liquidation of a financial obligation on an installment
basis; also, recovery over a period of
cost or value.
foreclosure
Procedure whereby property pledged as security
for a debt is sold to pay the debt in event of
default in payments or terms.
cramdown
The reduction of the principal balance of a
loan.
shared appreciation
mortgage
A type of split-rate note calling for the buyer to
periodically pay interim interest at a fixed rate,
and when the balance is due, to further pay
the holder of the note as additional interest an
agreed fraction of the property’s increased
value.
applicable federal rate
Rates set by the Internal Revenue Service for carryback
sellers to impute and report as minimum
interest income when the note rate on the carryback
debt is a lesser rate.
balloon payment
Any final payment on a note which is greater
than twice the amount of any one of the six regularly
scheduled payments immediately preceding
the date of the final/balloon payment. [See
RPI Form 418-3 and 419]
judicial foreclosure
The court-ordered sale by public auction of the
secured property. Also known as a sheriff’s sale
interest rate
The percentage of a sum of money charged for
its use. Rent or charge paid for use of money,
expressed as a percentage per month or year of
the sum borrowed
nonrecourse mortgage
A debt secured by real estate for which the
holder’s sole source of recovery of amounts owed
is the value of the property securing the debt, no
money judgment permitted for a deficiency in
the value of the secured property on foreclosure
or short payoff.
non-conforming loan
A conventional loan with a loan amount greater
than the loan amount limits set by Fannie Mae
and Freddie Mac. Non-conforming loans are
also known as jumbo loans.
seller financing
A note executed by a buyer of real estate in favor
of the seller for the unpaid portion of the sales
price on closing. Also known as an installment
sale, credit sale or carryback financing.
voluntary lien
Any lien placed on property with consent of, or
as a result of, the voluntary act of the owner.
tranches
Investment pools divided into various levels of
risk, reward and rate of maturity.
usury
A limit on the interest rate charged on nonexempt
real estate loans.
financial crisis
An economic downturn resulting from the failure
of banking and government agencies to regulate
and adjust to developing market conditions.
collateral
Tangible assets attached to a loan which are
worth more than the cash value of the loan.
debt
That which is due from one person or another;
obligation, liability.
qualified residential
mortgage
A home loan which meets low-risk criteria, exempting
it from the originating lender 5% risk retention
rule. QRMs are expected to meet abilityto-
repay requirements, including the maximum
debt-to-income ratio of 43%. The final federal
QRM definition is still pending approval as of Q2
2014.
amortization table
A tabular schedule detailing the apportionment
of principal and interest on each periodic payment
due on an amortizing loan.
construction loan
A loan made to finance the actual construction
or improvement on land. Funds are usually
dispersed in increments as the construction progresses.
bankruptcy, Chapter 11
A proceeding in which the homeowner’s financial
obligations are restructured, allowing them
to repay their debts over a three-to-five period.
adjustable rate mortgage
adjustable rate mortgage
put option
The provision in all trust deeds which, in tandem
with anti-deficiency laws, grants an owneroccupant
of a one-to-four unit residential
property under a purchase-assist mortgage the
right to default and force the lender to buy the
property for the remaining loan amount through
foreclosure.`
sale and leaseback
A financial arrangement where at the time of
sale the seller retains occupancy by concurrently
agreeing to lease the property from the
purchaser. The seller receives cash while the
buyer is assured a tenant and a fixed return on
buyer s investment.
Truth-in-Lending Act
A law designed to protect buyers in their
dealings with lenders through upfront disclosure
of mortgage rates and charges.
home equity line of credit
A mortgage loan enabling a homeowner to borrow
against their home’s wealth, as an ATM.
portfolio category income
Unearned income from interest on investments
in bonds, savings and trust deeds notes;
dividends on stocks; profits on the resale of these
investments and land held for profit; and income
from management-free long-term income
property ownership.
late charge
A provision in a promissory note, lease or rental
agreement imposing an additional charge if
payments are not received when due or during
a grace period.
purchase-money
Nonrecourse mortgage financing created when
a lender provides purchase-assist financing to
fund the purchase or construction of a buyeroccupied
one-to-four unit residential property
or a seller carries back financing on the
sale of property which is the sole security for
repayment.