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47 Cards in this Set

  • Front
  • Back
Fannie Mae
private corporation - buys and sells loans - primary participant in the secondary market
Freddie Mac
private corporation - buys and sells loans - primary participant in the secondary market
Ginne Mae
Gov't agency - backs VA and FHA loans - primary participant in secondary market
Secondary market
market where mortgages and trust deeds are traded
all lending activities require...
savings
Definition of money
- medium of exchange
-storehouse of purchasing power
-standard of value
larger supply of money equals...
greater economic activity
Properties of Commercial Banks (5)
-short term leders
-construction loans
-warehouse LOC for mortgage bankers
-equity loans
-commercial loans with 5-7 balloon
S&L and Thrifts
long term lenders - created to make loans on houses
Disintermediate
more funds flowing out of savings than into savings
Hypothecation
lender secures equitable title while owner retains owneship
Leverage
Using other people's money to make a purchase (small down payment)
Real estate values are most affected by...
activites at the local level
Mortgage rates are most affected by...
activities at the national and international level
The Fed
country's money manager - manage supply of money through Instruments of Credit Policy
Instruments of Credit Policy (3)
Reserve Requirements - greatest impact on supply of money
Discount Rate - rate banks pay to borrow from the fed
Open Market Operations
Open Market Operations
aka Quantitative Easing
purchase or sale of gov't securities (US Treasuries, FHLB, FHA, Ginnie Mae, etc.)
FDIC (3)
Insures deposits at banks and S&Ls, collects insurance premiums, oversees bank operations and liquidity
Mortgage banker
brings borrower and lender together for a fee
Mortgage banker
continues to service the loan for the investor and collects service fees
Fiduciary
one who acts as an agent for another - applies to institutional and non-institutional lenders
Regulation Z
Part of Truth-in-Lending - requires loan term APR disclosures
ECOA
intended to eliminate discriminatory practices in lending
CRA
requires lenders meet he credit needs of all qualified buyers in the community
RESPA
requires disclosure of closing costs to buyers and sellers prior to closing
US Treasury
Fiscal manager - properties: collecting taxes, producing currency and coinage, enforcing tax laws
Encumbrance
a right or interest in property held by someone other than the legal owner of the property
Financial encumbrance
impacts owners interest and equity in the property - mortgage, deed of trust, land contract, IRS tax liens
Physical encumbrance
does not affect owners interest or equity in the property ie: easements, encroachments, right of way - these run with the property
Priority position (lien)
First in time, first in right
Properties of a Note (5)
-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
Acceleration clause
Entire debit is due if the borrower defaults on the loan
Deed of Trust
financial instrument where borrower conveys title to a trustee (usually atty) to be held for the beneficiary/lender.
Deed of Trust Properties (3)
Non-judicial foreclosure
Participants = trustor, trustee, beneficiary
Power of sale - allows trustee to sell property in the event of default
Mortgage
a financial instrument pledging real estate as collateral to secure a debt
Covenant of Seisen
clause stating that the mortgagors have title to the property and have the authority to pledge the property as collateral (unique to mortgages)
Defeasance Clause
clause stating that mortgagor will get full free and clear title upon repayment of the debt
Pre-payment penalty
imposed on a buyer if the loan is paid off prematurely - usually constitutes a percentage of the original principle amount
Lock-in clause
borrower is forbidden to prepay a loan before a certain date. (most drastic)
Due-on-Sale Clause
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.
Release clause
allows for releasing a certain portion of the collateral as certain amounts of the loan are repaid. Used with blanket mortgage.
Exculpatory clause
provides for exclusion of other personal assets from lender's recovery in the event of a default on the loan
Subordination Clause
placing an existing encumbrance or right in a lower priority position (often used with leasehold properties)
Assumed Loan
buyer and original borrower and any intervening buyers become liable to the lender for repayment
Subject To
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
Interest in Secured Liens include (5)
- fee simple
- leasehold
- life estate
- air and mineral rights
- personal property
ALL ARE PLEDGABLE
Nonrecourse Clause
makes the seller of a security not liable if the buyer defaults