Unit 12: Real estate financiing Flashcards

1
Q

The borrower grants legal title to a trustee

A

title theory

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2
Q

the borrower holds both legal and equitable title. the lender has a specific lien on the property

A

lien theory

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3
Q

a ____ _____ is a legal instrument that provides evidence of the debt. secured by te mortgage or deed of trust

A

promissory note

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4
Q

a _____ ____ is held by lender until loan is fully repaid, not recorded

A

promissory note

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5
Q

Key elements of a promissory note

A

personal promise of borrower to repay a fixed amount, terms of repayment, signature of borrower, lender does not sign

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6
Q

___ ____ states that if a borrower defaults, lender can demand immediate payment of entire balance

A

acceleration clause

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7
Q

___ ____ alone does not create a lien on the property.

A

promissory note

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8
Q

___ of ___ is a three party instrument. different than a mortgage because it has 3 parties

A

mortgage (or deed) of trust

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9
Q

in a deed of trust, the borrower is the ___ or ___, they give the deed of trust to the _____, who gives benefit to the _____ or beneficiary, who give money to the borrower

A

trustor, grantor, trustee, lender

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10
Q

6 reasons for loan acceleration or foreclosure

A

nonpayment of principal and interest, nonpayment of taxes, removal of improvement without lenders permission, insurance coverage lapse, waste (would include deferred maintenance that lowers value below what is owed), alienation without consent (if there is a due-on-sale clause

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11
Q

Also called a mortgage ratio. determines the amount that can be borrowed and if private mortgage insurance will be needed. Maximum percentage of value of the lender wil loan to the borrows. ___ - ___ -___ ratio (LTV)

A

loan to value

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12
Q

___-_-____ ratio is determined by the sales price or appraised value, whichever is lower

A

loan-to-value

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13
Q

market value today - total debt today = _____

A

equity

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14
Q

____ is used when you borrow money to finance a purchase. The higher the TV (the mor money borrowed) the higher this is

A

leverage

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15
Q

disadvantage of high leverage is the greater risk of ____

A

default

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16
Q

lower equity = ____ risk

A

higher

17
Q

higher the down payment, lower the loan, and lower the ____

A

risk

18
Q

one ___ point = 1% of the loan amount

A

discount

19
Q

lender charges points to increase yield on a loan. May be used to (lower/raise) the loan interest rate

A

lower

20
Q

You can purchase points to lower the interest rate of the loan. this will save the borrower money

A

note

21
Q

discount points are paid by the buyer or seller at closing

A

note

22
Q

____ ____ fee: a charge by the lender to process and issue a loan

A

loan origination

23
Q

____: charging an interest rate in excess of what is permitted by law.

A

usery

24
Q

_____ a clause in a subordinate mortgage/deed of trust that allows a subsequent mortgage to take priority

A

subordination

25
Q

If a previous first mortgage of trust is refinanced, the second mortgage of trust continues in its second position.

A

note

26
Q

Foreclosure is governed by (state/federal) laws

A

state