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47 Cards in this Set
- Front
- Back
Fannie Mae
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private corporation - buys and sells loans - primary participant in the secondary market
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Freddie Mac
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private corporation - buys and sells loans - primary participant in the secondary market
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Ginne Mae
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Gov't agency - backs VA and FHA loans - primary participant in secondary market
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Secondary market
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market where mortgages and trust deeds are traded
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all lending activities require...
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savings
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Definition of money
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- medium of exchange
-storehouse of purchasing power -standard of value |
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larger supply of money equals...
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greater economic activity
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Properties of Commercial Banks (5)
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-short term leders
-construction loans -warehouse LOC for mortgage bankers -equity loans -commercial loans with 5-7 balloon |
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S&L and Thrifts
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long term lenders - created to make loans on houses
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Disintermediate
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more funds flowing out of savings than into savings
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Hypothecation
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lender secures equitable title while owner retains owneship
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Leverage
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Using other people's money to make a purchase (small down payment)
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Real estate values are most affected by...
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activites at the local level
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Mortgage rates are most affected by...
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activities at the national and international level
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The Fed
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country's money manager - manage supply of money through Instruments of Credit Policy
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Instruments of Credit Policy (3)
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Reserve Requirements - greatest impact on supply of money
Discount Rate - rate banks pay to borrow from the fed Open Market Operations |
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Open Market Operations
aka Quantitative Easing |
purchase or sale of gov't securities (US Treasuries, FHLB, FHA, Ginnie Mae, etc.)
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FDIC (3)
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Insures deposits at banks and S&Ls, collects insurance premiums, oversees bank operations and liquidity
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Mortgage banker
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brings borrower and lender together for a fee
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Mortgage banker
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continues to service the loan for the investor and collects service fees
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Fiduciary
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one who acts as an agent for another - applies to institutional and non-institutional lenders
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Regulation Z
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Part of Truth-in-Lending - requires loan term APR disclosures
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ECOA
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intended to eliminate discriminatory practices in lending
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CRA
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requires lenders meet he credit needs of all qualified buyers in the community
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RESPA
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requires disclosure of closing costs to buyers and sellers prior to closing
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US Treasury
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Fiscal manager - properties: collecting taxes, producing currency and coinage, enforcing tax laws
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Encumbrance
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a right or interest in property held by someone other than the legal owner of the property
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Financial encumbrance
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impacts owners interest and equity in the property - mortgage, deed of trust, land contract, IRS tax liens
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Physical encumbrance
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does not affect owners interest or equity in the property ie: easements, encroachments, right of way - these run with the property
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Priority position (lien)
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First in time, first in right
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Properties of a Note (5)
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-note is a contract in itself
-can be secured or unsecured -establishes promise to pay -borrower signs (not attested or notarized) -always contains an acceleration clause |
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Acceleration clause
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Entire debit is due if the borrower defaults on the loan
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Deed of Trust
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financial instrument where borrower conveys title to a trustee (usually atty) to be held for the beneficiary/lender.
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Deed of Trust Properties (3)
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Non-judicial foreclosure
Participants = trustor, trustee, beneficiary Power of sale - allows trustee to sell property in the event of default |
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Mortgage
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a financial instrument pledging real estate as collateral to secure a debt
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Covenant of Seisen
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clause stating that the mortgagors have title to the property and have the authority to pledge the property as collateral (unique to mortgages)
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Defeasance Clause
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clause stating that mortgagor will get full free and clear title upon repayment of the debt
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Pre-payment penalty
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imposed on a buyer if the loan is paid off prematurely - usually constitutes a percentage of the original principle amount
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Lock-in clause
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borrower is forbidden to prepay a loan before a certain date. (most drastic)
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Due-on-Sale Clause
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stipulates borrower cannot sell, transfer, encumber, assign, convey, etc. any part of the collateral property without express prior written consent of the lender. If that happens, the entire balance is due.
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Release clause
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allows for releasing a certain portion of the collateral as certain amounts of the loan are repaid. Used with blanket mortgage.
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Exculpatory clause
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provides for exclusion of other personal assets from lender's recovery in the event of a default on the loan
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Subordination Clause
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placing an existing encumbrance or right in a lower priority position (often used with leasehold properties)
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Assumed Loan
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buyer and original borrower and any intervening buyers become liable to the lender for repayment
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Subject To
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Buyer purchases a property with existing encumbrance, however stipulates that only the original borrower is responsible. Buyer can walk away from property and forfiet equity but is no longer responsible for loan
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Interest in Secured Liens include (5)
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- fee simple
- leasehold - life estate - air and mineral rights - personal property ALL ARE PLEDGABLE |
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Nonrecourse Clause
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makes the seller of a security not liable if the buyer defaults
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