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Definition
Lending and Borrowing Money |
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Active periods followed by slumps or a seller's market vs. a buyer's market |
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Demand for a product exceeds the supply
(increased price / stimulates production) |
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Supply outstrips demand
(prices drop / production decreases) |
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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 |
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Shortfall created when federal gov. spends more money that it takes in |
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Gov. issued interest- bearing securities issued for 6-months or less |
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Gov. issued, interest-bearing security for 2, 5, 10 years |
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Gov. issued, interest-bearing securities for 30 years |
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Direct control the fed. gov. exerts over money supply and interest rates. Goal: keep US economy healthy.
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Stands for the Federal Reserve which determines monetary policy |
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The 'Fed' uses 3 tools to implement its monetary policy and influence the economy: |
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Definition
- key interest rates
- reserve requirements
- open market operations |
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Term
Lower interest rates ________ the economy, while higher interest rates __________. |
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Definition
Lower interest rates stimulate the economy, while higher interest rates slow it down. |
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Definition
The percentages of deposits that a bank is required to maintain on deposit at the Federal Reserve Bank.
Prevents finanacial panic |
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Regarding Reserve requirements:
Increased reserve requirements vs. decreased reserve requirements
(and what happens to interest rates) |
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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 |
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Definition
The Feds activities in buying and selling government securities |
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Cheif method for Feds to control money supply, and thus inflation and interest rates
(increased money supply vs decrease; interest) |
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Definition
Open Market Operations
Increased money supply = decreased interest
Decreased money supply = increased interest |
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Definition
Federal Deposit Insurance Corporation
1933 |
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Definition
The Department of Housing and Urban Development |
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Definition
The 'local' market in which mortgage lenders make loans to home buyers
banks, savings & loans, other mortgage lenders... |
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Definition
National market where mortgages (secured by real estate) are bought and sold as investments |
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Definition
Fannie Mae/
Federal National Mortgage Association
- 1938
- most prominent
- GSE
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Definition
Government-sponsored enterprise
Private corporation that is chartered by the government, and as in the case of FNMA & FHLMC, supervised by HUD |
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Definition
Freddie Mac/
Federal Home Loan Mortgage Corporation
- 1970
- GSE |
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Definition
Ginnie Mae/
Government National Mortgage Association
- Federal agency under HUD |
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Term
Promissory Notes
(& who are the parties involved) |
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Definition
A written promise to repay a debt
Borrower = maker
Lender = Payee |
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Definition
Prohibits the interest rate charged on a loan from exceeding a specified maximum |
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Term
Does a promissory note need a legal description? |
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Definition
No. The security instrument does. |
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Definition
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Term
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Definition
Periodic payments are interest only with the full amount of principal due in a lump sum balloon payment when the loan term ends. |
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Definition
Periodic payments include part of principal and interest |
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Term
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Definition
periodic payments are enough to pay off the entire loan, both interest and principal, by the end of the term |
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Term
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Definition
Interest is computed annually on the remaining principal balance.
Almost all real estate loans are simple interest |
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Term
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Definition
Gives the payee the option of assigning the debt to someone else by endorsing the note.
Ex: Promissory note, check... |
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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. |
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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) |
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Bare title or naked title |
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Definition
The title that is transferred only as collateral and unaccompanied by possessory rights |
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The property rights the borrower retains without legal title are referred to as equitable rights, or equitable title |
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Term
Is Washington a 'lien theory' or 'title theory' state? |
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Definition
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Term
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Definition
Execution of a mortgage or deed of trust only creates a lien against the property; it does not transfer title |
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Term
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Definition
Execution of a mortgage or deed of trust is regarded as a transfer of legal title to the lender |
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Term
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Definition
Mortgager = property owner and borrower
Mortgagee = lender |
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Term
Deed of Trust is AKA:
&
Who are the parties involved: |
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Definition
Trust Deed
Trustor = Borrower
Grantor = Borrower
Beneficiary = Lender
Trustee = Neural 3rd party who handles foreclosure, if needed |
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Term
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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) |
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Term
Alienation Clause is AKA: |
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Definition
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Term
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Definition
Lender can accelerate loan if borrower sells the property or otherwise alienates an interest in it |
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Term
Assumption vs. subject to |
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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 |
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Term
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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 |
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Definition
prohibits a borrower from prepaying a loan so the lender will not be deprived of interest |
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Definition
A mortgage loan without a prepayment penalty |
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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 |
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Definition
States that the borrower will regain title and the security instrument will be canceled when the debt has been paid |
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Term
When a mortgage debt has been paid in full, what document releases the mortgage lien? |
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Definition
Satisfaction of mortgage (or 'satisfaction piece') |
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Term
Under a deed of trust, when the trustor has repaid the loan, the lien is removed by means of: |
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Definition
a deed of reconveyance (aka a reconveyance deed) |
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Term
A deed of reconveyance and a satisfaction of mortgage are also referred to as a: |
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Definition
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Term
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Definition
AKA mortgage foreclosures
Upon default, lender files a lawsuit against borrower in court in the county where collateral property is |
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Definition
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Term
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Definition
Upon mortgage foreclosure, property is auctioned by county sherrif's office.
Highest bidder recieves certificate of sale |
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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 |
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Term
Statutory Redepmtion
(& WA law) |
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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 |
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Term
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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 |
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Term
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Definition
When a deficiency judgment is not allowed |
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Term
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Definition
The highest bidder at a sheriff's auction recieves this, they do not have title to property |
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Term
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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 |
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Term
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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) |
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Term
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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. |
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Term
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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. |
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Term
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Definition
Nonjudicial foreclosure procedure requiring trustee to notify borrower of default |
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Term
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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. |
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Term
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Definition
Given to a successful bidder at a trustee's sale. Title of property is given immediately and sale is final; no redemption period. |
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Term
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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. |
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Term
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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 |
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Term
Remedies for default on a land contract (2): |
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Definition
- vendor can foreclose judicially
- vendor can declare a forfeiture |
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Term
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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 |
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Term
Purchase money mortgage (2 uses) |
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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) |
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Term
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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. |
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Term
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Definition
When a borrower gives a lender a mortgage and receives cash in return (as with a bank loan) |
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Term
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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) |
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Term
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Definition
When personal property is included in sale of real estate and financed with one loan |
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Term
Construction mortgage is AKA: |
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Definition
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Term
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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 |
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Term
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Definition
A loan used when construction, financed by a construction loan, is replaced by permanent financing |
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Term
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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) |
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Term
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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 |
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Term
Partial release clause is AKA (3): |
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Definition
1. Partial satisfaction clause
2. Blanket deed of trust
3. Partial conveyance clause
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Term
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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. |
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Term
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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 |
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Term
Shared appreciation mortgage |
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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 |
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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. |
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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. |
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Term
Graduated Payment Mortgage |
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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 |
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Term
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Definition
1. gap loan
2. bridge loan |
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Term
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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. |
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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) |
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Reverse equity mortgage is AKA: |
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Definition
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Term
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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. |
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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 |
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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 |
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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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