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WA RE Fundamentals
Principles of Real Estate Financing
101
Real Estate & Planning
Not Applicable
05/26/2010

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
Finance
Definition
Lending and Borrowing Money
Term
Real estate cycles
Definition
Active periods followed by slumps or a seller's market vs. a buyer's market
Term
Seller's Market
Definition

Demand for a product exceeds the supply

(increased price / stimulates production)

Term
Buyer's Market
Definition

Supply outstrips demand

(prices drop / production decreases)

Term
"the cost of money"
Definition
Interest
Term
Fiscal Policy
Definition

The way in which the federal gov. manages its money.

 

 

Congress/President - tax legislation, federal budget

US Treasury - managing tax revenues, expenditures, and national debt

Term
Federal Deficit
Definition
Shortfall created when federal gov. spends more money that it takes in
Term
Treasury bills
Definition
Gov. issued interest- bearing securities issued for 6-months or less
Term
Treasury Note
Definition
Gov. issued, interest-bearing security for 2, 5, 10 years
Term
Treasury Bonds
Definition
Gov. issued, interest-bearing securities for 30 years
Term
Monetary Policy
Definition

Direct control the fed. gov. exerts over money supply and interest rates.  Goal: keep US economy healthy.

 

 

Term
"The Fed"
Definition
Stands for the Federal Reserve which determines monetary policy
Term
 The 'Fed' uses 3 tools to implement its monetary policy and influence the economy:
Definition

- key interest rates

 

- reserve requirements

 

- open market operations

Term
Lower interest rates ________ the economy, while higher interest rates __________. 
Definition
Lower interest rates stimulate the economy, while higher interest rates slow it down.
Term
Reserve Requirements
Definition

The percentages of deposits that a bank is required to maintain on deposit at the Federal Reserve Bank.

 

 

Prevents finanacial panic

Term

Regarding Reserve requirements:

 

Increased reserve requirements vs. decreased reserve requirements

(and what happens to interest rates)

Definition

Increased reserve requirements reduces amount of money banks can lend, decreased available loans means higher interest rates

 

A decrease frees more money for investments or lending and decreases interest rates

Term
Open Market Operations
Definition
The Feds activities in buying and selling government securities
Term

Cheif method for Feds to control money supply, and thus inflation and interest rates

 

(increased money supply vs decrease; interest)

Definition

Open Market Operations

 

Increased money supply = decreased interest

 

Decreased money supply = increased interest

Term
FDIC
Definition

Federal Deposit Insurance Corporation

 

1933

Term
HUD
Definition
The Department of Housing and Urban Development
Term
Primary Market
Definition

The 'local' market in which mortgage lenders make loans to home buyers

 

banks, savings & loans, other mortgage lenders...

Term
Secondary Market
Definition
National market where mortgages (secured by real estate) are bought and sold as investments
Term
FNMA
Definition

Fannie Mae/

Federal National Mortgage Association

 

 

- 1938

- most prominent

- GSE

 

 

Term
GSE
Definition

Government-sponsored enterprise

 

Private corporation that is chartered by the government, and as in the case of FNMA & FHLMC, supervised by HUD

Term
FHLMC
Definition

Freddie Mac/

Federal Home Loan Mortgage Corporation

 

 

- 1970

- GSE

Term
GNMA
Definition

Ginnie Mae/

Government National Mortgage Association

 

 

- Federal agency under HUD

Term

Promissory Notes

 

(& who are the parties involved)

Definition

A written promise to repay a debt

 

Borrower = maker

Lender = Payee

Term
Usury Law
Definition
Prohibits the interest rate charged on a loan from exceeding a specified maximum
Term
Does a promissory note need a legal description?
Definition
No.  The security instrument does.
Term
Straight Note is AKA:
Definition
Term Note
Term
Straight Note:
Definition
Periodic payments are interest only with the full amount of principal due in a lump sum balloon payment when the loan term ends.
Term
Installment Note:
Definition
Periodic payments include part of principal and interest
Term
Fully amortized
Definition
periodic payments are enough to pay off the entire loan, both interest and principal, by the end of the term
Term
Simple Interest
Definition

Interest is computed annually on the remaining principal balance.

 

 

Almost all real estate loans are simple interest

Term
Negotiable instrument
Definition

Gives the payee the option of assigning the debt to someone else by endorsing the note.

 

 

Ex: Promissory note, check...

Term
Security Instrument
Definition

A mortgage or deed of trust

 

Required to borrow money for real estate; It makes the real property collateral for the loan by creating a lien on the property.

Term
Hypothecation
Definition

An arrangement where title to property is given as collateral (security), but the borrower retains possession of the property

 

(Different from pledging which involves surrender of possession)

Term
Legal title is AKA (2):
Definition
Bare title or naked title
Term
Legal title:
Definition
The title that is transferred only as collateral and unaccompanied by possessory rights
Term
Equitable title
Definition
The property rights the borrower retains without legal title are referred to as equitable rights, or equitable title
Term
Is Washington a 'lien theory' or 'title theory' state?
Definition
Lien Theory
Term
Lien Theory
Definition
Execution of a mortgage or deed of trust only creates a lien against the property; it does not transfer title
Term
Title Theory
Definition
Execution of a mortgage or deed of trust is regarded as a transfer of legal title to the lender
Term
Parties to a mortgage:
Definition

Mortgager = property owner and borrower

Mortgagee = lender

Term

Deed of Trust is AKA:

 

&

 

Who are the parties involved:

Definition

Trust Deed

 

Trustor = Borrower

Grantor = Borrower

 

Beneficiary = Lender

 

Trustee = Neural 3rd party who handles foreclosure, if needed

Term
Acceleration Clause:
Definition

If borrower defaults, the lender may declare entire loan balance due immediately.

 

 

AKA 'calling the note'

 

(can be triggered by failure to pay or breach of provision such as keeping property insured)

Term
Alienation Clause is AKA:
Definition
due-on-sale clause
Term
Alienation Clause:
Definition
Lender can accelerate loan if borrower sells the property or otherwise alienates an interest in it
Term
Assumption vs. subject to
Definition

Assumption = Buyer has primary liability of loan while original borrower retains secondary liability if buyer defaults

 

Subject to = Original borrower remains fully liable for the debt and buyer is not personally liable to the lender, altho upon default lender can still foreclose

Term
Certificate of Estoppel
Definition

A document that preevents a person who signs it from later aserting facts differently

 

In regards to loans assumptions, a certificate of estoppel would state the principal balance as of the assumption date of a loan

Term
Lock-in clause
Definition
prohibits a borrower from prepaying a loan so the lender will not be deprived of interest
Term
Open Mortgage
Definition
A mortgage loan without a prepayment penalty
Term
Subordination Clause
Definition
States that the security interest will have a lower lien priority than another mortgage or deed of trust to be executed in the future
Term
Defeaseance Clause
Definition
States that the borrower will regain title and the security instrument will be canceled when the debt has been paid
Term
When a mortgage debt has been paid in full, what document releases the mortgage lien?
Definition
Satisfaction of mortgage (or 'satisfaction piece')
Term
Under a deed of trust, when the trustor has repaid the loan, the lien is removed by means of:
Definition
a deed of reconveyance (aka a reconveyance deed)
Term
A deed of reconveyance and a satisfaction of mortgage are also referred to as a:
Definition
lien release
Term
Judicial Foreclosure:
Definition

AKA mortgage foreclosures

 

Upon default, lender files a lawsuit against borrower in court in the county where collateral property is

Term
Nonjudicial foreclosure
Definition
Term
Sheriff's Sale
Definition

Upon mortgage foreclosure, property is auctioned by county sherrif's office.

 

Highest bidder recieves certificate of sale

Term
Equitable redemption
Definition
The period between the time the lawsuit is filed for a mortgate foreclosure and the actual sale of the property when the borrower is entitled to redeem the property by paying off the mortgage debt in full, plus any costs incurred
Term

Statutory Redepmtion

 

(& WA law)

Definition

Upon mortgage foreclosure, after the sale of the property, this is the additional perioed the borrower has to redeem the property.

 

Washington = 1 year, unless lender waived rights to deficiency judgment, then it is 8 months

Term
Deficiency Judgment
Definition
Regarding mortgage foreclosures, the judgment against the borrower for the difference between the debt and the proceeds of the sheriff's sale, if the proceeds weren't sufficient to pay the debt off
Term
Non-recourse mortgage
Definition
When a deficiency judgment is not allowed
Term
Certificate of Sale
Definition
The highest bidder at a sheriff's auction recieves this, they do not have title to property
Term
Sheriff's deed
Definition
Regarding mortgage foreclosures, after the statutory redemption period if the borrower does not redeem the property, a sheriff's deed is provided to the holder of the certificate of sale; borrower has no further claim on property
Term
Power of sale clause
Definition
In every deed of trust; provision that authorizes the trustee to sell the property if the trustor defaults through a process known as nonjudicial foreclosure (do not need to obtain a decree of foreclosure from a court)
Term
Trustee's Sale
Definition
An auction conducted as part of nonjudicial foreclosure of deed of trust with proceeds used to pay off debt owed to beneficiary. No deficiency judgment allowed unlike many sheriff's sales.
Term
Cure and reinstate
Definition
Regarding deed of trust foreclosure, if a borrower pays the lender the delinquent amount plus late charges and costs incurred, the default is CURED.  The foreclosures is terminated and the loan is REINSTATED.
Term
Notice of default
Definition
Nonjudicial foreclosure procedure requiring trustee to notify borrower of default
Term
Notice of sale
Definition
Under nonjudicial foreclosure, a month after a notice of default is given to a borrower, a notice of sale is given to the borrower, recorded, sent to junior lienholders and anyone who recorded a request for notice.
Term
Trustee's Deed
Definition
Given to a successful bidder at a trustee's sale.  Title of property is given immediately and sale is final; no redemption period.
Term
Deed in lieu
Definition
A defaulting borrower who doesn't have resources to cure the default or redeem foreclosed property may opt to give lender a deed in lieu of foreclosure.  This transfers title (& any other liens) from borrower to lender and satisfies the debt and stops foreclosure proceedings and protects borrowers credit rating.
Term
Land Contract
Definition

Seller financed real estate transaction

 

Contract is between vendor and vendee, where seller retains legal title to property while buyer pays off purchase price in installments

Term
Remedies for default on a land contract (2):
Definition

- vendor can foreclose judicially

 

- vendor can declare a forfeiture

Term

Forfeiture

 

(& WA law)

Definition

Regarding land contracts, upon default, the vendor terminates the contract without going to court & without refunding any payments the vendee has made (law provides some protection for vendee if substantial equity)

 

 

WA state: must have forfeiture clause (almost all land contracts have one) and must be recorded

Term
Purchase money mortgage (2 uses)
Definition

1. mortgage loan used to finance the purchase of property that is collateral for the loan

 

* 2. more narrowly, a mortgage that a buyer gives a seller in a seller-financed transaction (soft money mortgage since credit instead of actual cash)

Term
Soft money mortgage
Definition
 When a borrower recieves credit instead of actual cash.  Sometimes a purchase money mortgage in seller-financed situation is called a soft money mortgage.
Term
Hard money mortgage
Definition
When a borrower gives a lender a mortgage and receives cash in return (as with a bank loan)
Term
Budget Mortgage
Definition

Monthly payments include not only principal & interest but also 1/12th of year's property taxes and hazard insurance premiums

 

(safest and most practical way for lenders to make sure property taxes and insurance premium paid on time)

Term
Package Mortgage
Definition
When personal property is included in sale of real estate and financed with one loan
Term
Construction mortgage is AKA:
Definition
interim loan
Term
Construction mortgage:
Definition

Secures a construction loan; A temporary loan to finance construction of improvements on the land.

 

Considered risky, higher interest rates and loan fees, and supervision of progress of construction

Term
Take-out loan
Definition
A loan used when construction, financed by a construction loan, is replaced by permanent financing
Term
Fixed disbursement plan
Definition
Regarding construction loans, this guards against overspending by borrower and calls for a series of predetermined disbursements called obligatory advances at various stages of construction. (Interest begins to accrue with first disbursement)
Term
Blanket Mortgage
Definition

When a borrower mortgages several pieces of property as security for a single loan

 

ex: a 10-acre parcel divided into 20 lots secured by one loan made to subdivider

Term
Partial release clause is AKA (3):
Definition

1. Partial satisfaction clause

 

2. Blanket deed of trust

 

3. Partial conveyance clause

 

 

Term
Partial release clause:
Definition

A provision that requires the lender to release certain parcels from the blanket lien when specified portions of the overall debt have been paid off.

 

Allows subdivider to convey clear title to the lot buyer.

Term
Participation mortgage
Definition

Allows lender to participate in earnings generated by the mortgaged property, usually in addition to collecting interest.  (Sometimes they become part-owner)

 

Most common on large commercial projects where lender is an insurance company or other large investor

Term
Shared appreciation mortgage
Definition
Entitles the lender to a specified share of the increase in the property's value; appreciation is usually only a benefit of the owner, by adding to the equity
Term
Wraparound mortgage
Definition

A new mortgage that 'wraps around' an existing first mortgage on the property.

 

Generally only used with seller-financed transactions and only works if underlying loan does not contain an alienation clause.

Term
Open-end mortgage
Definition

A loan with a borrowing limit, but allows borrower to reborrower, when needed, without having to renegotiate

 

 

Often used with by builders and farmers.

Term
Graduated Payment Mortgage
Definition

Borrower makes smaller payments initially and gradually steps up to larger payments.

 

Beneficial for borrowers who expect their earnings to increase during the next few years

Term
Swing loan is AKA (2):
Definition

1.  gap loan

 

2.  bridge loan

Term
Swing loan
Definition

 Used when a buyer is ready to purchase a new home but has not sold current home yet.

 

Used typically for down-payment and closing costs and secured by equity in property for sale and to be paid off when that sale closes.

Term
Home equity loan
Definition
A mortgage loan obtained using one's equity in their property, which is their residence. (Called merely an equity loan if it is not their residence or home)
Term
Reverse equity mortgage is AKA:
Definition
Reverse annuity mortgage
Term
Reverse equity mortgage:
Definition

Allows owners to borrow against the home's equity and receive a monthly check from the lender, rather than make a payment.

 

Usually home sold when owner dies to pay back mortgage.

 

Usually owner must be over certain age (such as 62 or 65) and must own home w/ little or no outstanding mortgage balance.

Term
Refinancing
Definition

When a borrower obtains an entirely new mortgage loan to replace the existing one.

 

New mortgage pays off existing loan.

 

More common when interest rates drop or when payoff date of existing mortgage is approaching and large balloon payment is required

Term
Mortgage
Definition
A 2-party security instrument that gives the lendor the right to forclose on a security property by judicial process if the borrower defaults
Term
A deed of trust
Definition
A 3-party security instrument that includes a power of sale clause, allowing trustee to foreclose nonjudicially if trustor fails to pay beneficiary or otherwise defaults
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