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59 Cards in this Set

  • Front
  • Back
Note (mortgage)
Exact terms of the financial obligation
Mortgage (deed of trust)
Pledges the property as security for the note
Fixed rate
365-day interest (daily rate is 1/365 of annual rate; contrasts with commercial mortgage loans at 360-day interest

Most common
Adjustable rate
Index rate: Market-determined rate beyond control of either borrower or lender
Teaser rate
Initial, temporarily reduced interest rate
Negative amortization
Unpaid interest added to the balance
Arrear
Monthly payments
Traditional common law
No right of prepayment unless explicitly provided
Modern statutory case
Right of prepayment unless explicitly prohibited
Nonrecourse loan
No personal liability
Demand clause
Right of lender to require prepayment
Mortgagor
Borrower
Mortgagee
Lender
Default
Failure to meet requirements of the note or mortgage
Technical default
Any violation of terms
Substantive default
Three missed payments (90 days)
Insurance clause
Lender is beneficiary up to amount they loaned you
Escrow clause
You have to deposit in lender's escrow the amount of insurance and property tax costs
Acceleration clause
If borrower stops making payments, the bank sends notice to catch up on payments or they will accelerate outstanding balance
Due on sale clause
Outstanding balance is due when you sell or transfer property
Deed in lieu of foreclosure
Giving bank title to deed to avoid foreclosure
Foreclosure
Legal process of terminating all claims of ownership and all liens inferior to foreclosing lien
Distressed (forced) sale
A Forced Sale of Real Estate is an action that taken in a civil court forcing the owners to sell the property at issue and divide the profits. A forced sale would be the result of a petition to partition action.
Deficiency judgment
Judgment against mortgagor for unrecovered balance
Judicial foreclosure
Court-administered public auction
Power of sale
Public auction conducted by trustee or mortgagee
Preferred by lenders
"Subject to"
Borrower does not sign mortgage note, no personal liability
Assumption
Buyer adds signature to note, personal liability for the loan
Equal credit opportunity act
Prohibits discrimination in lending
Redlining
Lender's refusal to lend money on properties in certain neighborhoods due to poor risk
APR
Annual Percentage Rate
Cost of borrowing
describe the interest rate for a whole year (annualized), rather than just a monthly fee/rate, as applied on a loan, mortgage loan, credit card, etc. It is a finance charge expressed as an annual rate.
Primary mortgage market
Where loans are created

Mortgage bankers, mortgage brokers, banks
Secondary mortgage market
Where existing home loans are resold
Fannie mae, freddie mac, ginnie mae
Conventional mortgage loans
Any standard home mortgage loan not insured by FHA or guaranteed by Department of Veterans Affairs
Largest segment of residential mortgages today
20% down
Conforming conventional home loan
Meets the requirements for purchase by Freddie Mac or Fannie Mae
Nonconforming loan
Does not meet GSE requirements in some respect
Private mortgage insurance (PMI)
Protects lender against losses due to default
Required for loans over 80% of value
Protects lender for losses up to 20% of loan

Borrower pays
FHA mortgages
Loan insurance program, insures 100% of loan, after foreclosure, title is transferred to HUD
Mortgage insurance is required on ALL
Loans made by private companies
Package mortgage
Also finances appliances or other personality
Reverse Mortgage
Converts home equity to income without requiring borrower to move

Person stays in property while receiving payments
Subprime loans
Making loans to people who may have difficulty maintaining the repayment schedule.
More expensive than standard home loans
Refinancing
Net Benefit = Benefit of Payment Reductions–Cost of Refinancing
Biggest area of mortgages
Residential properties
Pipeline risk
Risk between loan commitment and loan sale

Fallout risk- risk that loan applicant backs out
Interest rate/price risk- risk that closed loans will fall in value

Mortgage pipeline- originating lender's approved, but currently unfunded, loan commitments
Mortgage broker
Brings borrower and lender together for a fee, never owns the loan
Intermediatory between borrow and lender
Fannie Mae and Freddie Mac
Have securitized, sold, or owns about 40%
Largest purchaser of residential mortgages
Served to standardize underwriting and loan procedures
Mortgage-backed securities
Multiple mortgage loans in a single pool or fund

2/3 of all new home loans
Underwriting
Process of determining whether the risks of a loan are acceptable
Three C's
Collateral- URAR appraisal, making sure property is worth enough

Creditworthiness- credit report

Capacity- ability to pay
Housing expense ratio
PITI/GMI

PITI is principal, interest, taxes, and insurance

GMI is gross monthly income
Total debt ratio
(PITI+LTO)/GMI

LTO is long-term obligation
Portfolio lenders
An institution which is lending their own money and originating loans for itself

Do not need to meet fannie and freddie guidelines
Ginnie Mae
Primary guarantor of mortgage-backed securities
Jumbo loans
Loans which exceed the underwriting loan amount limits
Home equity loans
Homeowner borrows against the equity invested in the property
Loans with right of pre-payment
All conforming and FHA/VA loans
Loans restricting pre-payment
Jumbo and subprime loans
Nonforeclosure responses to default
Counseling and consumer debt reorganization
Temporary reduction of payments
Assisted sale
Deed in lieu of foreclosure
Purchase money mortgage
Mortgage given by a property buyer simultaneous with receipt of title
Usually refers to a second mortgage loan from a seller to reduce the buyer’s down payment