Unit 20 Flashcards
loan
investment by the lender. Lender evaluates yield and risk.
Yield- the return or income that can be generated.
Risk- Likelihood the investment will lose money.
Inters rate depends on (4 factors)
- Term of the loan: lower interest rate if the money will be repaid in a shorter time.
- Type of mortgage loan: Lower initial interest rate if the borrower agrees to assume some of the risk of future interest rate hikes.EX adjustable rate mortgages
- Loan amount
- Lenders cost of money: Lenders must borrow the money that they loan. Interest rates fluctuate with market conditions.
Fair and Accurate Credit Transaction Act (FACTA)
Requires that each if the 3 major credit bureaus provides free credit report every 12 months upon request.
Loan Application
Loan applications are required to submit personal info about their employment, income, assets, and other financial info. The lender wants assurance that collateral for the loan is sufficient so it will order an appraisal.
Underwriting
Process of analyzing the event of risk a lender will assume in connection with a mortgage loan. The lender assesses the value of the collateral and evaluates the capacity and credit worthiness of the borrower based on
- occupancy
- income
- assets and cash revenues
- debt
- Loan to value: ratio of debt to the sale price or appraised value whichever is less.
Loan Commitment
Lenders pledge to lend a certain amount of money to an explicitly named bower under specific terms and for a specified length of time using a particular property collateral. The commitment letter is in writing and once signed by the borrower it is returned to the lender.
Regulation z
Enacted pursuant to the truth in lending act by the federal trade commission. It requires that credit institutions inform borrowers of true cost of obtaining credit. Applies when a credit transaction is secured by a residence. It does not apply to business, commercial or agricultural loans of any amount.
Truth in Lending Act
A consumer must be fully informed of all finance charges and the true interest rate before a transaction is completed. The finance charge disclosure must include any loan fees, finders fees, service charges, and points and interest.
Creditor
person who extends consumer credit more than 25 times a year or more than 5 times a year if the transaction involve dwellings as security. The credit must be subject to a finance charge or payable in more than 4 installments by written agreement.
Three- day Right to Rescission
The borrower has 3 days in which to cancel the transaction by notifying the lender. It does not apply to owner occupied residential purchase money or first mortgage or deed of trust loans. It does apply to refinancing a home mortgage or to a home equity loan.
Penalties for noncompliance for regulation z
Violation of an administrative order is 10,000 for each day violation continues
deceptive practices get up to 10,000
creditor may be liable to a consumer for twice the amount of the finance charge for a min of 100- 1,000
willful violation is a misdemeanor punishable by a fine of up to 5,000 or one years imprisionment.
Equal Credit Opportunity Act
- cannot discriminate against credit applicants
- must inform the applicant of the principal reason for the denial or termination of credit.
- denial must be in writing within 30 days
- borrower is entitled to a copy of the appraisal report if they paid for an appraisal.
Community reinvestment act
responsibility of financial institutions to help meet the needs for low and moderate income housing.
financial institutions are expected to meet the deposit and credit needs of their communities; participate and invest in local community development and rehabilitation projects; and participate in loan programs for housing, small businesses, and small farms.
law requires any federally supervised financial institution prepare a statement w/
- def of geographic boundaries
- identification of the types of communities reinvestment credit offered
- comments from public about the institutions performance in meeting community needs.
reviewed by federal financial supervisory agencies. Reviews are public.
Conventional Loan
Any loan that is not government insured or guaranteed.. Most secure loan because the loan to value ratio is lowest. Traditionally the ratio is 80% of the value of the property or less, the borrower makes a down payment of 20% or more.
- to qualify for France Mae the bowers monthly housing expenses including PITI must not exceed 28% of the total monthly gross income. Borrowers total monthly obligations must not exceed 36% of of total monthly gross income= conforming loan- eligible to be sold in secondary market
Private mortgage Insurance PMI
Borrowers can obtain a conventional loan with a lower down payment through PMI. The buyer purchases an insurance policy that provides the lender with funds in the event that the borrower defaults on the loan. This allows the lender to assume more risk so that the loan to value ratio is higher than for other conventional loans.
- PMI protects the top portion of the loan against borrower default
- 22% equity to drop PMI