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37 Cards in this Set

  • Front
  • Back

Note

The borrowers personal promise to repay

Mortgage

The document that offers the real property as security for a loan. (Dead Pledge)




Between the borrower/mortgagor and lender/morgagee.




Borrower agrees to pay back over time with interest.



Loan to Value Ratio

difference between the sale price and down payment




L / V = LTV

In Arrears

Interest in usually calculated at the end of a period.

Usury

Excessively high rate beyond legal limit

Loan Estimate (LE)

standard form required by law providing borrowers with information about the prospective loan. At time of application or within 3 days

Appraisal Fee + Credit Report Fee =

Application Fee

Discount Points

A fee charged by a lender to inrease the yield on a loan allowing the lender to give borrower a lower interest rate.




1 point is 1 percent of the loan.

Definition of a Mortgage Loan

A loan, debt, lien, contract, pledge.

Hypothecaution

Pledge of real property as collateral security while borrower still retains possession and use.

foreclosure

legal procedure by the lender when there is a failure to make loan payments.




In PA this is through a court ordered auction.

Amortized Mortgage

where regular periodic payments (monthly and with level payments) have a portion first toward interest then to reduce the principle.

term loan

regular payments consist of interest only. the principle is paid at the end of the term in a lump sum. (one balloon payment)

purchase money mortgage

when a seller provides a loan to help a buyer purchase the sellers property.




IE: Seller Financed

partially amortized mortgage

has an initial period of time during which the loan is amortized with payments including principle and interest calculated and spread out over a 30 year basis.




At the end of the term (3,5,7, etc) the final lump sum balloon payment is due.

2 Documents of Financing

Promissory Note and Mortgage

Promissory Note

A borrower agrees in writing to pay back the money over time with interest.




It is a Negotiable Instrument and can be transferred or sold to another party.

Mortgage

Security Instrument where the borrower pledges the real property as collateral security for the repayment of the loan.

Defeasanse Provision



--Defease - undo

in a mortgage, states the lender is required to remove the mortgage lien from the court house records.



satisfaction piece

A lender filing to show in the records that the loan obligation is satisfied.

Acceleration Provision

if borrower fails to meat the T&C and the mortgage is in default the lender has the option to declare the full amount due and payable after typically 30 days notice.

Alienation Provision

Refered to as the due on sale clause because debt is due upon the sale of the property.

"subject to the seller's existing mortgage"

seller is still personally liable for the debt.

"assumes the seller's existing mortgage"

buyer and seller together take responsibility for the debt.

Primary Mortgage Market (Direct Lenders)

Where borrowers get the money


- morgagor (borrower) gets a mortgage through a mortgagee (lender).


All of the direct lenders are refereed to as primary mortgage market.

Sources of lenders in the primary mortgage market.

Mortgage Bankers


S&L Assoc.


Credit Unions


Commercial Banks


Life Ins. Companies (work in the secondary market)


Individuals


Mortgage brokers

Mortgage Bankers

major source of residential mortgages.



Mortgage Brokers

bring together borrowers and lenders

When a lender gives a loan money is removed from their pool of available funds

Assignment of Mortgage

lenders assign (sell) their loan packages to investors.

Secondary Market

All investors who buy loans from the primary mortgage market.




This sends money back to the lender of the primary mortgage market.

Fannie Mae

Federal National Mortgage Assoc. (FNMA)


A private corp. that is the most dominant buyer of mortgages from the primary market.

Ginnie Mae

Government National Mortgage Assoc. )GNMA


Federal agency operating under HUD (Department of Housing and Urban Development).

Freddie Mac

Federal Home Loan Mortgage Corp. (FHLMC)


Freddie buys FHA, VA, and conventional mortgages from the primary market.

Warehouse Agency

purchaser in the secondary market that buys mortgages from the primary market then assembles the loans into packages for resale to investors.

Subprime Mortgage

a high risk mortgage for the borrow and lender based on safe lending standards.

Secure and Fair Enforcement for Mortgage Licensing Act.

Provides that all residential Mortgage Loan Originators (MLOs) be state-licensed or federally registered.