Study Guide for Modern Real Estate Practice, 18th Edition: Real Estate Financing: Principles Flashcards


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1

Mortgagor

The borrower in a mortgage loan clause

2

Mortgagee

The lender in a mortgage loan

3

Executing

The act of signing a loan instrument

4

Promissory Note

A borrower's personal pledge to repay a debt according to agreed-upon terms

5

Hypothecation

The pledging of a property as security for payment of a loan without actually surrendering the property itself

6

Deed of Trust

A financing instrument that conveys bare legal title on behalf of a beneficiary, but no right of possession

7

Interest

A charge for the use of money

8

Usury

The act of charging interest in excess of the maximum legal rage

9

Discount Points

A charge imposed by lenders to adjust for the difference between a loan's interest rante and the yield an investor demands

10

Acceleration Clause

The part of a financing agreement that gives the lender the right to declare the entire debt due and payable immediately on default

11

Loan Origination Fee

Percentage of the loan amount charged to a borrower for the costs of generating a loan

12

Defeasance Clause

The part of a financing agreement that requires the lender to execute a statisfaction or release when the note has been paid in full

13

Alienation Clause

A provision in a financing agreement that permits the lender to declare the entire debt due immediately in the event the property is sold

14

Subordination Agreement

A device by which one lender agrees to change the priority of its loan relative to another lender

15

Foreclosure

A legal procedure in which property pledged as security is taken from the borrower to satisfy the debt

16

Deed in Lieu of Foreclosure

A document by which property is transferred to the lender by mutual agreement rather than by lawsuit

17

Equitable Right of Redemption

A borrower's option of reinstating a defaulted debt prior to the foreclosure sale by paying the amount due

18

Statutory Right of Redemption

A right established by state law that permits a defaulted borrower to recover property within a limited time after a foreclosure sale

19

Deficiency Judgement

A procedure for obtaining the unpaid balance of a debt where the foreclosure sale does not generate sufficient funds

20

Lien Theory

Idea that a mortgage is purely a lien on real property

21

Title Theory

Concept that the borrower actually gives legal title to the lender (or other party) and retains equitable title

22

Trustor

The borrower's legal status on a deed of trust

23

Prepayment Penalty

Fee that a borrower pays on any payment made ahead of schedule (if allowed)

24

Beneficiary

The lender's legal status on a deed of trust

25

Trustee

On a deed of trust, a third party who holds the deed as security for the loan

After a real estate loan that is secured by a deed of trust has been repaid in full, the trustee executes a release deed that releases the property back to the trustor.

26

Mortgage

Classified as a voluntary lien on real estate.

Financing agreement in which a mortgagor pledges real property to the mortgagee as security for the debt p. 223

27

In title theory states:

The mortgage give actual title to the mortgagor, and legal title is returned to the mortgagor only when the debt is repaid in full (or some other obligation is fulfilled) p 223

28

Promissory Note

Signed by the borrower pledging to repay the debt and gives the lender a mortgage, which is security for the property.

29

Hypothecatuion

Pledging of property as security for payment of a loan while retaining possession of the property

30

Who are the three parties to a Deed of Trust:

Trustee: holds the deed of trust on behalf of the
Lender: who is known as the beneficiary, the holder of the note.
Borrower: is the trustor

31

a Point

1% of the amount being borrowed.

Is charged as prepaid interest at the closing
p. 226

32

Acceleration Clause

In the event of a borrower's default, makes foreclosure easier by giving a lender the right to declare the entire debt due and payable. p. 228

33

Defeasance Clause

The lender is required to execute a satisfaction when the note has been fully paid. The lender is then divested of all interest in the property
p. 229

34

Deed of Trust

When all payments have been made and the note has been paid in full the borrower will want the public record to show eht debt has been satisfied and that the lender is divested of all rights conveyed under the mortgage or deed of trust.

An insturment that grants a trustee under a land trust full power to sell, mortgage, and subdivide a parcel of real estate. The beneficiary controls the trustee's use of these powers under the provisions of the trust agreement. p. 229