Financing

Foreclosure

lender notifies borrower and trustee Notice of Default

3 month Trustee Sale

Ad once a week for 21 days Notice of Sale

Trustee hold Sale

Notice of Default warns owner's of junior liens

Land contracts

seller retains legal title

vendee = vendor; has equitable title

vendor

must use income to make payments against his mortgage

cannot use impound accounts

Cal-vet

California Veterans Farm and Home Purchase Plan

financed by Department of Veterans Affairs

Financing sources

Institutional Lenders

Insurance companies

Use loan correspondents

do not make construction loans

prefer long-term loans on existing commercial property

Savings bank

Savings of individual depositories

Main source of 1- 4 units

greatest percent of assets in residential property

commercial banks

short term loans

construction loans = interim loan

Maturity Date is the date of the note

interest computed when proceed are placed in escrow

Mortgage Companies

Private lenders main source of junior loans

originate conventional and sub-prime

often lend their own money

warehousing

collection of loans prior to sale

Secondary Mortgage Market

FNMA

buys conventional, VA and FHA loans

HUD

GNMA

guarantees interest payment on pass-through securities

Mortgage Company would by pass-through in a volatile market

Freddie Mac works with

Federal Reserve Board

discount rate

money supply

Federal Open Market Committee

Impound account; benefits

lender

tustor

miscellaneous

down payment = buyer's equity

more then one buyer

lender will include 'jointly and severally'

FHA

created National Housing Act

enables buyers to by with low-down payment

seller usually pays 1% loan fee

point

close the gap between market rates and fixed rates

no alienation clause or prepayment penalty is allowed

alienation = due on sale when transferring ownership

'Or more' clause = no prpr-prepayment

MIP or PMI

will loan on a rental property when owner occupied

junior loans are not permitted

lender deciding to originate FHA loans are least concerned with mortgage insurance costs

VA

CRV

appraisal

sells home to a non-vet, subject to; seller is still liable

will not loan on a rental property

owner occupied

Cal Vet

No discount points

will not loan on a rental property

owner occupied

Blanket Loan

when builder pays to have several lot released his equity in the remain lots increase

property tax cannot be a blanket encumbrance

AITD

wraparound

used with land contracts

Trust-or in the AITD does not assume existing liens

Financing Credit Laws

Truth in Lending; Regulation Z

all real estate loans not for business

APR

used for comparison shopping

Disclosure Statement

Name of lender

APR

Finance charge

does not include CR or appraisal

Ad must disclose APR if interest rate is mentioned

rescission

3 business days at midnight

RESPA

passed in 1974; federal loan disclosure law which helps protect buyers or borrowers who obtain federally related loans

reliable way to view costs

allows client to comparison shop

lender requirements

HUD 'settlement costs' booklet

Good Faith Estimate

within 3 days of taking the application

kick-backs are illegal

limits the amount of impounds

seller cannot specify title insurer

Hard Money loan

1st TD

under 30k are regulated

2nd TD

under 20k are regulated

$8000 due 2years

max commission is 5%

$3,000 due in 3 years

max. commission is 15%

exclusive loan listing

not more the 45

Mortgage loan disclosure Statement

must be give within 3 days of broker originated application

Federal; Equal Credit Opportunity

everyone is measured against the same stick

Penalty

damages including attorney and court cost

$5000 in punitive damages Max

CPI

housing is one of the largest expenses

Rent adjustment

commercial leases

pricing index

measures the purchasing power of the US dollar

GDP

when GDP increase then personal income, home sales rise

Miscellaneous

'non disturbance-clause = lender will not terminate tenant leases

compensating balances

require borrower to maintain a minimum balance

HUD

does not need two rails for stairways

Bankruptcy

discharges debts at date of filing

Gambling debts are dis-chargeable