Texas Real Estate Finance Flashcards
Accrued Item
Expense the buyer will pay after closing that must be divided between buyer and seller
Basis
Basis (or cost basis) is the original cost of property, adjusted for factors such as depreciation. When property is sold, the taxpayer pays/(saves) taxes on a capital gain/(loss) that equals the amount realized on the sale minus the sold property’s basis.
Boot
In a 1031 exchange, any amount an investor gets for sale of his property that isn’t used to purchase another property is taxed normally
Capitalization Rate
Ratio of net operating income to present value. Used to estimate value of a commercial property
CRV (Certificate of Reasonable value
Appraisal conducted by VA approved appraiser
Constructive Notice
If a property is recorded in the public record, other parties are considered to have received constructive notice
Debt Service Ratio (back-end ratio)
Total housing expense and long term debt payment to gross monthly income
Deed of Trust
Security for promissory which conveys temporary (not full) title
Deficiency Judgment
Against borrower to repay remaining mortgage when the foreclosure and sale of property was not enough
Delayed Exchange
An exchange of property under Internal Revenue Code (IRC)
Section 1031 for the sake of tax deferral, where the exchanger sells the relinquished
property no more than 45 days before identifying, and 180 days before acquiring a replacement property or properties.
Discounted Cash Flow Analysis
Method of valuing RE by discounting predicted future cash flow to a net present value
Discount Rate
Interest rated charged by the Fed to its member banks when lending them money
Entitlement
Amount of loan the VA will lend
Federal Funds Rate
Interest rate banks lend money to each other
FOMC (Federal Open Market Committee)
Committee formed by Federal Reserve Board of Governors and 5 other members who are presidents of regional Federal Reserve banks in charge of buying and selling govt securities. Influence over interest rates
Float to Fixed Rate Loans
ARM converts to fixed rate
Forebearance
Lender’s choice not to foreclose
Funding Fee
VA
Graduated Payment Mortgage (GPM)
Negative amortization in early years
Growth Equity Mortgage (GEM)
Periodically increasing principal payments with fixed int rate.
Interest Rate Reduction Refinancing Loan
Guaranteed by VA
Internal Rate of Return
a metric used in capital budgeting to estimate the profitability of potential investments. Internal rate of return is a discount rate that makes the net present value (NPV) of all cash flows from a particular project equal to zero.
Modified Internal Rate of Return
Internal rate of return of an investment when both the finance rate and the reinvestment rate are considered
Moratorium
Lender suspends payments on principal or interest to help borrower avoid foreclosure
Mortgage Credit Certificate
Allows mortgage interest tax credit
Order of Operations
A mathematical convention that states that the arithmetical
operations are to be performed first inside parentheses, and then in the following order:
exponentiation, multiplication, division, and addition or subtraction
PE Ratio
Dividends that a share in a company returns to investors per dollar of stock purchased
Recaptured Depreciation
Portion of seller’s capital gains that is difference between property’s original price and adjusted basis
Recasting
Change in loan terms (often moratorium)
Redemption
Borrower recovers property after being taken
Reserve Requirement
Percentage of bank’s funds the Fed requires it to reserve in cash
Wraparound Mortgage
subordinate mortgage is created
on a home that already has a mortgage at a lesser rate. The payments on the higherrate
subordinate mortgage are used to pay off the existing mortgage, and the holder of
the subordinate mortgage receives the difference as a profit
Portfolio Lenders
Don’t sell on 2ndary market. More flexible.
Transfer of Servicing (loan service)
15 days notice and new servicer within 15 days of transfer. Cannot be charged late fee for 60 days
Force Placed Insurance
When loan servicer buys insurance on your behalf because you didn’t
Interest only loans
If you think you will be better able to get a better interest rate next year
Real Estate Loans
You can borrow up to 75% against the value of your home between 10-20 years
Equipment Loans
Can borrow 60-80% the value of equipment
SAFE Act (Safe Mortgage Licensing Act)
Mortgage Loan Officers training, testing
Real Estate Cycles
Recovery
Expansion
Hyper supply
Recession
2 largest contributors to inflation
Cost of healthcare and housing
Tax exemptions
Married couples exempt from capital gains tax up to $500,000 and single to $250,000
USDA Home Loan
zero down
Homestead Exemption
Texas $25,000
Senior Citizen Exemption
Texas $10,000
Federal Reserve
12 member banks
President nominates 7 people to serve on the Board of Governors for 14-year terms
Senate confirms nominations
President appoints Chairman and Vice Chairman of the board from the 7
Board of Governors sets discount rate for banks
FOMC (Federal Open Market Committee)
12-members – Fed forms proper part and the remaining 5 members are appointed from the 12 Federal Reserve Banks
In charge of purchase and sale of government securities
The Volcker Rule
Restricts large banks from making speculative, high-risk investments with funds from their own accounts.
Prohibits banks from engaging in proprietary trading or acquiring ownership interest in a hedge fund or private equity fund.
Financial Stability Oversight Council
9 members chaired by the Treasury Secretary
Primary Credit Rate
Fed lends to member banks for short term loans which is slightly above the short-term market interest rate
Office of the Comptroller of Currency
regulates all national banks etc..
President appoints the Comptroller to head the agency in 5-year terms
Also director of the Federal Deposit Insurance Corporation and NeighborWorks America
Bank examiners
Paid by banks for examinations
SWIFT (Society for Worldwide Interbank
Financial Telecommunication)
Terrorist Finance Tracking Program (TFTP) Overseen by major central banks: Federal Reserve Bank of England European Central Bank Bank of Japan National Bank of Belgium
The regulations that comprise the Federal Reserve Act include which of the following?
Equal Credit Opportunity Act Fair Credit Reporting Act Truth in Lending Act Home Mortgage Disclosure Act Privacy of Consumer Financial Information Limitations on Interbank Liabilities
When the reserve requirement is low, it causes the demand for real estate to increase, raising prices and increasing the number of sales.
True
When the discount is raised, banks that must borrow money end up paying more for it. This makes financial institutions less willing to lend, as it costs them more money.
True
Open market operations consist of buying government securities, either from the U.S. Treasury or from other federal agencies, and selling them
True
In 1932, the Federal Home Loan Bank Act gave the savings and loan companies the authority to offer 20-year, fixed rate, fully amortized loans for the first time.
True
The Federal
Reserve’s three instruments of monetary policy are open market operations, the
discount rate, and reserve requirements.
True
FDIC
Independent agency of the U.S. federal government that preserves public confidence in the banking system by insuring deposits.
The Federal Home Loan Bank
Extends credit to financial institutions and created the Federal Home Loan Bank System.
FOMC (Federal Open Market Committee)
The top monetary policy making body for the Federal Reserve. They give authorzation to the manager of the System Open Market Account (SOMA) to implement US monetary policy
Office of the Comptroller of Currency
Ensures that national banks and federal savings associations operate in a safe and sound manner, provide fair access to financial services, treat customers fairly, and comply with applicable laws and regulations.
The Federal Deposit Insurance Corporation, FDIC
Insures deposits held in all FDIC-insured depository institutions, including national banks and federal savings associations. The permanent standard insurance amount is $250,000, per depositor,
HUD (created by US Housing Act 1937)
Mission is to increase home ownership, support community development, and
increase access to affordable housing free from discrimination
HUD
HUD has a staff of administrative law judges to oversee cases it prosecutes involving violations of these acts
Truth in Lending Act (TILA)
Designed to promote the informed use of consumer credit, by
requiring disclosures about its terms and cost to standardize the manner in which
costs associated with borrowing are calculated and disclosed
Regulation Z
Most of the specific requirements imposed by TILA are found in
Regulation Z
Consumer Financial Protection Bureau
TILA’s general rule making authority was transferred to the
Consumer Financial Protection Bureau (CFPB), whose authority was established
pursuant to provisions enacted by the passage of the Dodd–Frank Wall Street
Reform and Consumer Protection Act in July of 2010.
APR
Introduced by TILA
Consumer Credit Protection Act
is known as the Truth in Lending Act (TILA).
Regulation M
applies to
leased property
If creditor doesn’t comply with TILA
2 x the amount of the finance charged but not less than $200 or more than $2,000 In a class action not more than $500,000 or 1% of networth If willing doesn't comply, $5,000 and not more than 1 year in prison
RESPA
Within 3 days deliver booklet
RESPA
RESPA also requires that any time the closing agent refers a borrower to a firm with
which the lender is affiliated, the lender must inform the borrower of the connection
through an Affiliate Business Arrangement (AfBA) Disclosure stating the relationship
and that the buyer need not use affiliated firms
RESPA Violations
Up to $10,000 and prison up to a year
Consumer Financial Protection Bureau (CFPB)
Know before you Owe
Regulated consumer financial products including mortgages
CFPB Penalties
$5,000 failure to follow the law
$25,000 for gross negligence
$1,000,000 for intentional violations
Volker Rule
Stops banks from owning hedge funds for their own profit
SAFE Mortgage Licensing Act
Licencing of mortgage loan originators
Administrative Procedure Act (APA)
Governs the way administrative agencies of the government may propose regulations
Max net capital gain tax rate is
20%
Limit on capital losses
$3,000 per year or $1,500 is married filing separately
Mortgage Assistance Relief Services (MARS)
Protects consumers from predators when they are in default on mortgage
CRA
Federal act blamed for causing lenders to make risky loans
TILA
causes lender to be clear and truthful in their advertising loan terms
HFA’s Housing Finance Agencies
State entities goal of increasing housing opportunities for low income, etc.
Rely on Mortgage Revenue Bonds
Low Income Housing Credit
HOME Investment Partnership Program
Texas Dept of Housing and Community Affairs
TDHCA
Helps Texas achieve improved quality of life through development of better communities
Provides low interest financing, emergency food or shelter, rental subsidy, energy assistance, weatherization, economic development
First time home buyer program (if you haven’t owned in past 3 years)
Taxable Mortgage Program (TMT-79)
My First Texas Home
Competitive fixed interest loans with cost assistance up to 5%
MCC Program
Mortgage Credit Certificate
Tax credits for many years
40% of annual interest paid on loan, but can’t exceed $2,000 per year
Texas State Affordable Housing Corporation (TSAHC)
Every Texan deserves the opportunity to live in safe, decent and affordable housing
Offer low, fixed-rate loans and down payment assistance
Housing Choice Vouchers
Rental Home
Non recourse loan
Lender has no recourse against anyone or anything other than the property.
Commercial Loans
5-20 years
LTV – lender calculates LTV by dividing the amount of the loan by the lesser
of the property’s appraised value or purchase price
Debt Service Coverage Ratio
Calculated by dividing the NOI by the annual debt service
A DSCR of less than 1 indicates a negative cash flow
Defeasance
Substitution of collateral instead of paying cash to lender, treasury securities
Hard Money Loans
Flippers. Not based on buyer’s credit worthiness but value of property itself (After Repair Value)
Can be 10% points higher than conventional loan
Sweet 16 Ratios
Repayment, liquidity, solvency analysis
Top 5 commodities
Cattle, cotton, dairy, broilers, greenhouse/nursery
Spending less than 28% of your pretax income on housing is the first, most
fundamental, rule for determining how much you can truly afford to spend
True
Which two of the following offer down payment and closing cost assistance to first
time home buyers?
TDHCA and TSAHC
What is the TAR website that offers help to consumers regarding loans?
www.texasrealestate.com
Who created the Loan Estimate and the Loan Closing Disclosure forms?
CFPB
The Real Estate Settlement Procedures Act (RESPA)
Enacted in 1974 by the U.S. Department of Housing and Urban Development (HUD). RESPA is a consumer protection statute that aims to help educate consumers about closing and settlement services.
TILA
The Truth in Lending Act is designed to help consumers compare the costs of credit from different lenders with one another and to protect consumers from unfair and inaccurate credit practices.
In the fall of 2015, the initial Truth in Lending form and the Good Faith Estimate became one form called the
Loan Estimate
CFPB
The CFPB is responsible for regulating all consumer financial products including mortgages, jurisdiction over enforcement of the Truth in Lending (TIL) Laws and the Real Estate Settlement Procedures Act (RESPA), and the creation of the new “Know before You Buy” program.
Best Efforts Trade
Selling a single mortgage on secondary market. Smaller banks use this
Major Participants in Secondary Market
Mortgage Originator
Aggregator
Securities Dealers
Mortgage Originators
Make money through origination fees and the difference between interest rate given to borrower and premium a secondary market will pay for that interest rate
Aggregator
Large mortgage originators with ties to Wall Street firms and government-sponsored enterprises (GSEs). Purchase mortgages from smaller originators form pools and either securitize into private label mortgage-backed securities or form agency MBSs.
Make profit by difference in price paid for mortgages and price for which they can sell
Securities Dealers
Buy MBSs – trading desk.. Make a spread in the price at which they buy and sell
Investors
Foreign governments, pension funds, insurance companies, banks, hedge funds
Get paid more on higher rate mortgages but low rates are more valuable since they are less likely to be paid off early
GSE (Government Sponsored Enterprises)
Largest investment portfolios of MBSs 90%
Fannie – FHA, VA, conventional and doesn’t necessarily own the securities but exchanges guaranteed securities for the mortgages. Attractive because easily liquidated and are guaranteed
Freddie
Farmer
Ginnie
Financing Corporation (FICO)
Federal Farm Credit Banks
Mortgage Servicing
Collecting payments, paying taxes and insurance and processing
defaults – These are sold too
Home Ready mortgage
Fannie. Provides lenders with more flexibility serving credit-worthy low income borrowers and areas hit by disaster
Ginnie Mae
Guarantee investors the timely payment of principal and
interest on MBS backed by federally insured or guaranteed loans
Largest issuer of mortgage-backed securities
Only issuer of government guaranteed mortgage-backed securities
Farmer Mac
Secondary market for agricultural loans and not a lender
REMIC (Real Estate Mortgage Investment Conduits)
Assembles mortgages into pools and issues pass-through certificates, multiclass bonds, or other securities to investors in the secondary mortgage market
FHLB (Federal Home Loan Bank)
Provided secondary market funds to the savings and loan industry during
the savings and loan crisis
Fannie Mae
Created to provide secondary market for FHA-insured loans
Freddie Mac
Created to provide secondary market for conventional loans
Ginnie Mae
Provide primary market loans for housing projects
Throughout the latter half of the 19th century, mortgage companies acted as conciliators between East Coast investors and frontier farmers who needed financing
True
Between 1931 and 1935, there were 250,000 foreclosures per year, and by 1935 20% percent of all homes were owned by lenders
True
The National Housing Act of 1934 created the Federal Housing Administration (FHA) and its government-backed insurance programs
True
REMICs
Real Estate Mortgage Investment Conduits (REMICs) are entities that pool mortgages and issues pass-through certificates in the secondary market.
REMICs
Real Estate Mortgage Investment Conduits (REMICs) are entities that pool mortgages and issues pass-through certificates in the secondary market.