Unit 15 Flashcards
Learning Objective: Describe the various primary sources of mortgage money, the loan application process, and the payment plans available to real estate purchasers.
Answer:
Primary sources of mortgage money include banks, credit unions, mortgage companies, and savings institutions. The loan application process involves submitting financial documents, credit checks, and underwriting. Payment plans include fixed-rate loans, adjustable-rate mortgages (ARMs), and biweekly payment plans.
Learning Objective: Explain the provisions of and qualifications for conventional, FHA, VA, agricultural, and Texas loan programs.
Answer:
Conventional loans require higher credit scores and down payments. FHA loans are insured by the Federal Housing Administration, offering lower down payment options. VA loans are for eligible veterans and qualifying spouses with favorable terms. Agricultural loans assist farmers and ranchers. Texas-specific loans, such as the Veterans Land Board (VLB) loan program, provide tailored benefits for state residents.
Learning Objective: Distinguish among the various types of creative financing techniques that address borrowers’ different needs.
Answer:
Creative financing includes wraparound loans, shared-appreciation mortgages, seller financing, and buydown mortgages. These options allow flexibility for borrowers with unique financial situations or needs.
Learning Objective: Identify the mechanisms used by the Federal Reserve System (“the Fed”) to control the economy and the entities that participate in the secondary mortgage market.
Answer:
The Federal Reserve controls the economy by adjusting the discount rate, reserve requirements, and open market operations. Entities in the secondary mortgage market include Fannie Mae, Freddie Mac, and Ginnie Mae, which buy, pool, and sell mortgage-backed securities.
Learning Objective: Review legislation affecting real estate financing and activities that would be classified as predatory lending or mortgage fraud.
Answer:
Legislation includes the Equal Credit Opportunity Act (ECOA), Truth in Lending Act (Regulation Z), and RESPA. Predatory lending involves deceptive practices such as excessive fees and misrepresentation. Mortgage fraud includes falsifying income or property value.
Learning Objective: Describe the two theories of mortgage law and the two primary loan instruments executed for a mortgage loan in Texas.
Answer:
The two theories are title theory (lender holds title) and lien theory (borrower retains title with a lien). The primary instruments are the promissory note and the deed of trust.
Learning Objective: Identify the basic provisions of a promissory note and a deed of trust.
Answer:
A promissory note outlines the loan amount, interest rate, repayment terms, and borrower’s promise to repay. A deed of trust secures the loan with property, involving the lender (beneficiary), borrower (trustor), and a third party (trustee).
Learning Objective: Explain the procedures involved in a foreclosure, including the right of redemption.
Answer:
Foreclosure involves the lender seizing the property due to loan default. The borrower may have a redemption period to repay the debt and reclaim the property before foreclosure completion.
Learning Objective: Distinguish among the foreclosure-avoidance options.
Answer:
Options include loan modifications, forbearance agreements, short sales, and deeds in lieu of foreclosure. These strategies help borrowers avoid foreclosure while addressing financial difficulties.
Key Term: Acceleration Clause
Definition: A provision allowing the lender to demand full repayment if the borrower defaults.
Key Term: Adjustable-Rate Mortgage
Definition: A mortgage with an interest rate that adjusts periodically based on a financial index.
Key Term: Alienation Clause
Definition: A clause in a mortgage or deed of trust that requires the loan to be paid in full if the property is sold or transferred.
Key Term: Amortized Loan
Definition: A loan in which payments are made in regular installments, reducing both principal and interest over time.
Key Term: Automated Underwriting
Definition: A computerized process used by lenders to evaluate a borrower’s loan application based on financial data and credit history.
Key Term: Balloon Payment
Definition: A large, final payment on a loan that remains due after a series of smaller, periodic payments.
Key Term: Biweekly Payment Plan
Definition: A loan payment plan where borrowers make payments every two weeks, effectively making one extra monthly payment each year.
Key Term: Blanket Mortgage
Definition: A mortgage that covers multiple properties or parcels of land, often used by developers.
Key Term: Buydown Mortgage
Definition: A financing arrangement in which a seller or builder pays a portion of the interest to reduce the borrower’s monthly payments.
Key Term: Computerized Loan Origination (CLO)
Definition: A system that allows borrowers to apply for loans and receive approval decisions electronically.
Key Term: Construction Loan
Definition: A short-term loan used to finance the building of a property, with funds disbursed as construction progresses.
Key Term: Contract for Deed
Definition: A financing arrangement in which the buyer takes possession of the property but the seller retains title until the loan is paid in full.
Key Term: Conventional Loan
Definition: A loan not insured or guaranteed by a government agency, often requiring higher down payments and stricter qualifications.
Key Term: Deed in Lieu of Foreclosure
Definition: A voluntary transfer of property by the borrower to the lender to avoid foreclosure.
Key Term: Deed of Trust
Definition: A legal document securing a loan by transferring title to a third-party trustee until the loan is repaid.
Key Term: Defeasance Clause
Definition: A clause in a mortgage or deed of trust requiring the lender to release the borrower from the loan once it is fully paid.
Key Term: Deficiency Judgment
Definition: A court judgment against a borrower for the difference between the loan balance and the sale price of a foreclosed property.
Key Term: Discount Points
Definition: Fees paid to the lender at closing to reduce the interest rate on a loan.
Key Term: Equity Loan
Definition: A loan secured by the borrower’s equity in their property, often used for renovations or other expenses.
Key Term: Fannie Mae
Definition: The Federal National Mortgage Association (FNMA), which buys and guarantees mortgages to increase liquidity in the housing market.
Key Term: Farm Service Agency
Definition: A U.S. government agency that provides financial assistance to farmers and ranchers through loans and subsidies.
Key Term: Farmer Mac
Definition: The Federal Agricultural Mortgage Corporation, which provides a secondary market for agricultural loans.
Key Term: Federal Reserve System (the “Fed”)
Definition: The central banking system of the United States that regulates the economy by influencing interest rates and the money supply.
Key Term: FHA Loan
Definition: A mortgage insured by the Federal Housing Administration, designed for borrowers with lower credit scores or smaller down payments.
Key Term: Flexible-Payment Loan
Definition: A loan with flexible repayment terms that allow for variable payments, often used to match the borrower’s changing income.
Key Term: Foreclosure
Definition: The legal process by which a lender takes possession of a property due to the borrower’s failure to repay the loan.
Key Term: Freddie Mac
Definition: The Federal Home Loan Mortgage Corporation (FHLMC), which buys and securitizes mortgages to provide liquidity in the housing market.
Key Term: Fully Amortized Loan
Definition: A loan in which regular payments of principal and interest are made until the balance is completely paid off.
Key Term: Ginnie Mae
Definition: The Government National Mortgage Association (GNMA), which guarantees government-backed mortgage securities.
Key Term: Hypothecation
Definition: The practice of pledging property as collateral for a loan while retaining possession of the property.
Key Term: Interest
Definition: The cost of borrowing money, typically expressed as a percentage of the loan amount.
Key Term: Lien Theory
Definition: A legal theory in which the borrower retains title to the property while the lender has a lien as security for the loan.
Key Term: Loan Origination Fee
Definition: A fee charged by the lender for processing a new loan application, typically expressed as a percentage of the loan amount.
Key Term: Loan-to-Value Ratio (LTV)
Definition: The ratio of the loan amount to the appraised value or purchase price of a property, whichever is lower.