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65 Cards in this Set

  • Front
  • Back

Acceleration Clause

A clause in a loan document that would case the entire loan to be due

ARM

loan whose interest rate is periodically adjusted according to the terms of the promissory note

adjustment period

period between rate changes on an adjustable rate mortgage

alienation clause

clause giving the lender certain rights in the event of the sale or transfer of a mortgaged property

assumption clause

clause in loan contracts that allows a buyer to take over the existing loan from the seller and become liable for repayment of the loan

back ratio

percentage of income needed to pay for all recurring debt

bare legal title

refers to the title held by a trustee to a trust deed

blanket loan

loan often used in construction financing

capital market

market in which long-term or intermediate-term securities are traded

closed-end loan

loan in which the borrower receives all loan proceeds in one lump sum at the time of closing

Collateralized Mortgage Obligation (CMO)

type of mortgage-backed security in which the mortgages are put into separate pools with varying degrees of risk and maturities

conforming loan

loan with terms and conditions that follow the guidelines set forth by Fannie Mae and Freddie Mac

constructive notice

knowledge of a fact that is a matter of public record

conventional loan

any loan without government insurance or guarantees

debt-to-income ratio

percentage of a consumer's monthly gross income that goes toward paying debts

deed of reconveyance

document used to transfer legal title from the trustee back to the borrower after a debt secured by a deed of trust has been paid to the lender

deficiency judgment

judgment against a borrower for the balance of a debt owed when the security for the loan is not sufficient to pay the debt

Equitable right of redemption

right of a debtor before a foreclosure sale to reclaim property that had been given up due to mortgage default

equitable title

right to obtain absolute ownership to property when legal title is held in another's name

foreclosure with power of sale

forced sale when property is sold to satisy a debt secured by a trust deed or mortgage where the security instrument allows the property to be sold at auction by a trustee or mortgagee

front ratio

percentage of a borrower's monthly gross income that is used to pay the monthly housing expense

fully amortized note

note that is fully repaid at maturity through periodic reduction of the principal

good faith estimate

when homebuyer applies for a mortgage loan, lender must give the buyer a good faith estimate of settlement costs

graduated payment mortgage

loan in which the monthly payment graduates by a certain percentage each year for a specific number of years, then levels off for the remaining term

hard money loan

loan that takes cash out of a property

HELOC

Home Equity Line of Credit- form of revolving credit in which a borrower's home serves as collateral

hypothecation

to pledge property as security for a debt without actually giving possession or title

intermediate title theory

some stays say mortgage is a lien unless the borrower defaults.

loan package

file of documents the lender needs to determine whether to fund a loan

loan portfolio

set of loans that a financial institution, or other lender, holds at any given time

loan-to-value (LTV)

ratio of the amount borrowed to the appraised value or sales price of a parcel of real property, generally expressed as a percentage

margin

in an adjustable rate loan, amount added to the index rate that represents the lender's cost of doing business

mortgage

use of property as security for the payment of a debt, also the document used to establish a mortgage lien

mortgage banker

lender who originates new mortgage loans and services and sells existing loans in the secondary mortgage market

mortgage broker

person who brings borrowers and lenders together

NOI

annual gross income of a investment, less operating expenses

non-conforming loan

loan that does not meet the Fannie Mae or Freddie Mac lending guidelines

novation

substitution of a new obligation for an old one; substation of new parties to an existing obligation, as where the parties to an agreement accept a new debtor in place of an old one

open end loan

loan that is expandable by increments up to a certain amount

or more clause

clause in a promissory note that allows a borrower to pay it off early with no penatly

package loan

loan on real property that can be secured by land, structure, or personal property

partially amortized installment note

promissory note with a repayment schedule that is not sufficient to pay off the loan over its term. At maturity, the remaining principal balance is due in full.

pledge account

transfer of property to a lender to be held as security for repayment of a debt.

power of sale

clause in a trust deed or mortgage that gives the mortgage holder the right to sell the property in the event of default of the borrower

prepayment clause

clause in a trust deed that allows a lender to collect a certain percentage of a own as a penalty for an early payoff

purchase money loan

loan used to purchase real property

RESPA

ensures buyer and seller have knowledge of all settlement costs when the purchase of one-to-four family residential dwelling is financed by a federally related mortgage loan.

Reverse annuity mortgage

A loan that enables elderly homeowners to borrow against the equity in their homes by receiving monthly payments from a lender to help meet living costs.

rollover mortgage

loan that allows the rewriting of a new loan at the termination of a prior loan

shared appreciation mortgage

mortgage in which the lender and borrower agree to share a certain percentage of the increase in market value of the property.

statute of limitations

a statute limiting the period of time during which legal action may be taken on a certain issue

satutory foreclosure

legal process of terminating a debtor's right to a property as a result of default on a mortgage or other lien

strict foreclosure

foreclosure proceeding in which the debtor has a limited amount of time, once appropriate notice has been given, to repay the debt before their equitable and statutory redemption rights are waived and full legal title to the property is granted to the lender

subject to clause

clause in a security instrument that states the buyer will take over payments on an existing loan, but assumes no personal liability for the loan

takeout financing

long term, permanent loan used primarily in construction financing

Third party originators (TPOs)

those who originate but do not underwrite or fund loans

Thrift

organization formed to hold deposits for indivuduals

title

evidence of the ownership of land, publicly recorded in the county where the property is located

title theory

lender has the title to a mortgaged property until the loan is fully repaid. Borrower holds equitable title

trust deed

written security instrument that legally conveys property to a trustee.

Vendee

buyer under a contract of sale

Vendor

seller under a contract of sale

warehouse line

revolving line of credit extended to a mortgage company from a warehouse lender to make loans to borrowers

warehousing

process of assembling a number of mortgage loans into one package and holding them for a period of time prior to selling them to an investor

wraparound mortgage

method of financing in which a new loan is placed in a secondary position. New loan includes both the unpaid principal balance of the first loan and whatever sums are loaned by the lender. Also known as an all-inclusive trust deed.