Financing Flashcards

1
Q

Which of the following agencies helps to increase availability of mortgage credit by maintaining a secondary market for residential conventional mortgages

  Veterans Association
  Federal Home Loan Mortgage Corporation
  Federal Deposit Insurance Corporation
  National Association of Home Builders
A

Federal Home Loan Mortgage Corporation

Freddie Mac (Federal Home Loan Mortgage Corporation) buys and sells existing conventional home loans.

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2
Q

If a buyer applies equal payments to a long term home loan, what will happen to the payment of the principal over the life of the loan?

  increase while interest payments decrease
  decrease at a constant rate
  decrease while interest payment increase
  increase at a consistent rate
A

increase while interest payments decrease

Interest charged will decrease with each payment made. The difference will be credited to the principal.

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3
Q

What does the “secondary mortgage market” refer to?

  A marketplace for the resale of loans made only by pension funds
  All real property loans that have a junior loan for security or a mortgage
  Loans that are made by large insurance companies
  A marketplace for the resale of existing trust deed loans
A

A marketplace for the resale of existing trust deed loans

Existing loans are bought and sold on the secondary mortgage market. It is a resale marketplace for existing loans.

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4
Q

What is the primary source of funds for financing mortgages?

  Insurance companies
  Federal savings and loan associations
  Fannie Mae
  all of these
A

Federal savings and loan associations

The bulk of the money for residential mortgages comes from federal savings and loan associations. The money ultimately comes from household savings and deposits that consumers place into the savings and loan associations.

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5
Q

Of the following, which would be a primary purpose of RESPA?

  Regulates home loan industry
  Regulates lenders
  Regulates credit
  Requires disclosures made by lenders that make loans for 1-4 unit residences
A

Requires disclosures made by lenders that make loans for 1-4 unit residences

RESPA requires lenders to provide disclosures to borrowers of 1-4 unit residences.

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6
Q

How is the lender protected from a loss on a purchase-money second trust deed?

  Approving the borrower’s creditworthiness
  The amount that is owed on the second trust deed
  The equity of the borrower
  Approving the borrower’s ability to pay
A

he equity of the borrower

The amount of equity in the real property may be sufficient to pay off the second trust deed.

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7
Q

What loan program would have the lowest closing costs paid by the buyer?

  VA loan
  Conventional loan
  CAL-VET loan
  FHA loan
A

CAL-VET loan

There are no points for CAL-VET loans. FHA or VA loans can have a 1% origination fee where the buyer or seller can pay the points. A conventional loan could have points that are negotiable between the buyers and sellers.

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8
Q

What has the greatest influence on mortgage interest rates?

  The conditions set by the FED
  The condition of the money markets
  The stock market
  Buyers and sellers
A

The condition of the money markets

The availability of money to make loans results from supply and demand in the money markets.

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9
Q

Generally speaking, an escrow agent is authorized to perform which of the following?

  Change escrow instructions when the real estate agents asks them to be changed
  Call for the funding of the buyer’s loan
  Talk to the buyers about financing options and give advice
  Authorize termite companies to make repairs
A

Call for the funding of the buyer’s loan

Within the escrow instructions there is language that allows the escrow agent to call for funding of the buyer’s loan. Termite repairs are typically authorized by the party who will be paying for the repairs, and the escrow agent can only change the escrow instructions with the written agreement of the buyer and seller. The lenders, rather than the escrow company, would usually provide advice to the buyers concerning financing matters with the loan.

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10
Q

During the escrow process the escrow officer receives two pest control reports from two different companies. What should the escrow agent do immediately?

  Ask the real estate agent to ask the seller which report to use
  Use the most favorable (inexpensive) report for the seller
  Notify the real estate agent and receive written instructions from the buyer and seller as to which report to use
  Use the most unfavorable (expensive) report for the seller
A

Notify the real estate agent and receive written instructions from the buyer and seller as to which report to use

The escrow agent should immediately receive instructions from both the buyer and seller as to how to proceed since the escrow agent is the agent for both the buyer and seller.

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11
Q

When does the Uniform Settlement (which is required by the Real Estate Settlement Procedures Act) need to arrive in the mail to the borrower?

  Three business days before closing of the transaction
  One day before closing of the transaction
  Up to 30 days after the closing of the transaction
  At, or before the date of settlement
A

At, or before the date of settlement

It must be delivered to the borrower at, or before the closing.

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12
Q

What’s the best way for the FED (Federal Reserve Board) to create a tight money market?

  Sell government bonds and raise the discount rate
  Buy government bonds
  Sell government bonds
  Buy government bonds and sell government bonds
A

Sell government bonds and raise the discount rate

To tighten the money market, the FED would raise the discount rate and sell government bonds. These two actions would draw money out of the market place, which will make it harder to get loans.

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13
Q

What would provide an investor the best protection against inflation?

  Savings account
  Real property secured by a note
  Mutual funds
  Ownership of real property
A

Ownership of real property

Real property increases in value during a period of inflation.

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14
Q

What does a GPAM mortgage provide?

  The ability to take out more money without re applying for a loan
  The deferment of payments of principal in the beginning period of the loan
  The ability to make multiple payments each month
  The ability to repay the loan at any time
A

The deferment of payments of principal in the beginning period of the loan

GPAM stands for Graduated Payment Adjustable Mortgage. It begins with low payments and then increases over time as the loan matures.

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15
Q

Regulation Z gives the borrower of a loan a 3 day right of rescission when the loan is:

  a government backed loan such as a VA or FHA loan
  a conventional loan secured by the purchase of real property
  the money borrowed is secured by a deed of a 4 or more-unit apartment building
  a loan that is secured by a second deed of trust of an owner occupied single family residence when money is borrowed for use of that purchase
A

a loan that is secured by a second deed of trust of an owner occupied single family residence when money is borrowed for use of that purchase

A first trust deed loan that is used to purchase an owner occupied single family residence usually does not allow for a 3 day right of recession.

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16
Q

An investor who wants to hedge against the erosion of capital caused by inflation would invest money into:

  government bonds
  bond market
  mutual funds
  equity interest
A

equity interest

One who wants protection from the loss of value of the dollar due to inflation would place funds into equity interests.

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17
Q

Regulation Z (Federal Truth in Lending Act) says that the cost of credit on certain loans are expressed as

  a bi-monthly percentage rate
  a monthly percentage rate
  a daily percentage rate
  an annual percentage rate
A

an annual percentage rate

Reg. Z requires lenders to state interest rates as an annual percentage (APR). This is to allow borrowers to shop for the very best rate.

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18
Q

Of the following, all may be in the lender’s monthly impound requirements for a borrower, except:

  property insurance prorations
  mortgage interest prorations
  property tax proration
  prorated annual payments for a street improvement act bond
A

mortgage interest prorations

The interest on a loan is not part of a borrower’s impound account

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19
Q

A trustee has begun the legal process of selling property that is secured by a trust deed once the notice of default is recorded. The trustee must wait 3 months before they can:

  convey title to the beneficiary
  put a lock on the door
  publish a notice of sale
  finalize the foreclosure
A

publish a notice of sale

Once the waiting period has elapsed (3 months after recording the NOD, notice of default) the trustee can publish the notice of sale.

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20
Q

There are services that can be charged to a borrower, according to RESPA (Real Estate Settlement Procedures Act). The buyer or the seller can pay for the following, except:

  the loan documents
  the uniform disclosure or the settlement statements
  a credit report
  the appraisals and notary fee
A

the uniform disclosure or the settlement statements

A lender cannot charge for the preparation of disclosures.

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21
Q

An advertisement on a house that is for sale mentions the annual percentage rate for a home loan to purchase the property. What other information must be included?

  The down payment amount
  Additional disclosures are not required
  The total amount that will be financed
  The term of the loan
A

Additional disclosures are not required

The Truth-in-Lending law states that if only the APR (annual percentage rate) is disclosed in the advertising additional disclosures are not required.

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22
Q

Which of the following statements about the Federal Truth-in-Lending Act is correct?

  It limits what lenders can charge
  It limits how much can be borrowed
  It provides clarity on how much you can borrow, what the lender will make, and your creditworthiness
  It provides consumers with information about their loan and the true cost of credit
A

It provides consumers with information about their loan and the true cost of credit

The purpose of the Federal Truth-in-Lending Act is to show consumers what the true cost of the credit is and give all the information up front, therefore the consumer can make the very best decision based on that information.

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23
Q

What is the lender’s goal when determining whether or not to provide a real estate loan?

  The loan to debt ratio
  Analyzing the chances of a substandard loan becoming a part of their loan portfolio
  To make the most money possible from each person
  The ability to pay back
A

Analyzing the chances of a substandard loan becoming a part of their loan portfolio

A loan that is substandard is more likely to default and a lender wants to avoid taking such a risk.

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24
Q

One of the primary purposes of RESPA is:

  sets limits to the price of the settlement costs on 1-4-unit residential property
  provides the prospective buyer the ability to shop for the very best price
  standardize closing settlement is easy to read
  sets limits on costs in the real estate transaction
A

provides the prospective buyer the ability to shop for the very best price

RESPA requires certain information to be given to the buyer so that they can shop for the very best price for settlement services.

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25
Q

How would a balloon loan be described?

  A loan that is fully amortized
  A loan due on sale
  A loan that is partially amortized
  A loan that is due upon sale
A

A loan that is partially amortized

A balloon loan is a partially amortized loan that is due in full at the end of the term.

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26
Q

With regards to portfolio risk management, lenders would be most concerned about:

  liquidity of money
  any of these
  diversification of assets
  reserves on hand
A

any of these

To minimize risk of a portfolio, lenders will have diverse loans, make them as liquid as possible, and keep a certain amount of reserves on hand.

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27
Q

What does it mean when a lender “calls” a loan?

  Gives a phone number so that people can call in to get tips about their loan
  Accelerates the amount due on the loan
  Takes all the people who are behind in their mortgage payments to court
  Calls people who are delinquent to pay up
A

Accelerates the amount due on the loan

Calling a loan means accelerating the outstanding balance and making the principal and interest due immediately.

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28
Q

A trust deed can have a clause that allows for future loans on the property to have priority. What is this called?

  A release clause
  A assignment clause
  A subordination clause
  A balloon payment
A

A subordination clause

A subordination clause allows for other trust deeds or liens to take priority over the trust deed that has the subordination clause.

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29
Q

Who has the authority to sell real property in a default situation?

  trustor to trustee
  seller to the buyer
  beneficiary to trustor
  trustee to trustor
A

trustor to trustee

In a deed of trust, the trustor (borrower) agrees to and gives the trustee (third party) the power to sell the property given as security for the note, in the event the borrower/trustor has financial troubles and defaults on his payments to the lender.

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30
Q

In comparison to an installment note, an straight note will:

  have its total effective interest rate higher than if it was a normal installment loan.
  have equal principal and interest payments due.
  have no principal payments due during the term of the loan. It will have interest only installments and then the last payment will be the entire principal payment.
  all of the above
A

have no principal payments due during the term of the loan. It will have interest only installments and then the last payment will be the entire principal payment.

A straight note is a note that has no payments due until the end of the loan. Payments of interest may be due during the term of the loan or in some cases the principal and all the interest is due at the same time at the end of the loan. The rate that is charged for interest doesn’t have to be higher.

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31
Q

The Stars entered into a purchase agreement to buy the Smiths’ property. The Stars agreed to take title “subject to” an existing VA loan that the Smiths had when they bought the home. If the sale goes through and the Smiths sell to the Stars, of the following which is true concerning liability for losses that the government can recover in a foreclosure situation?

  The Stars would be liable
  The Star’s would not be liable and the Smiths would not be liable either
  The Smiths would be liable
  No one is at fault since title was taken as “subject to” the existing loan
A

The Smiths would be liable

When a property is sold “subject to” an existing loan, the seller remains primarily liable for the note since they were the one who originally signed for the note.

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32
Q

The supply of real estate loans tends to increase by all of the following, except:

  increased desire to provide for retirement
  deposits into saving accounts go up
  increased demand for liquid assets
  national income increases
A

increased demand for liquid assets

Real estate loans are not as liquid as other assets or investments. Loan funds are increased by the other three examples, not by an increased demand for more liquid assets or investments.

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33
Q

In order to record a contract for real property, it must:

  be signed by the seller and acknowledged
  be signed by the buyer and acknowledged
  be signed by both the buyer and the seller and must have acknowledgement
  be notarized only
A

be signed by both the buyer and the seller and must have acknowledgement

Real property to be recorded at the clerk’s office must be signed by both parties and acknowledged by both of them.

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34
Q

A buyer takes title to a property with the verbiage “subject to” the existing loan and does not receive the lender’s consent. Which of the following are potential outcomes?

  The buyer could lose the property in foreclosure if they cannot get new financing
  The lender can accelerate the loan
  The seller can be personally responsible
  All are possible
A

All are possible

All of these things can happen when the lender finds out that the title of real property is about to transfer.

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35
Q

Real property requires more time to market, requires more care, and comes in larger amounts than securities in the stock market. Therefore, returns on real property should be:

  higher than that of bonds or first mortgages
  about the same as bonds
  lower than that of bonds or first mortgages
  equal to the return from a first mortgage
A

higher than that of bonds or first mortgages

Returns from real property should be higher than the returns you would receive from bonds or first trust deeds.

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36
Q

Concerning a promissory note, which is true?

  It is used when real property is sold
  It is evidence of a debt
  It is acknowledged when it is recorded
  It is used to secure a trust deed
A

It is evidence of a debt

A promissory note is evidence that money is owed from one person to another.

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37
Q

RESPA (Real Estate Settlement Procedures Act) only applies to certain types of property. Which of the following must comply with RESPA?

  condominiums and other common interest properties
  1-4 family residential dwellings
  single family homes, owner occupied
  commercial properties
A

1-4 family residential dwellings

RESPA rules and regulations apply to loans for 1-4 family residential dwellings.

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38
Q

If a buyer wishes to take title of a residential property “subject to” the existing loan and the lender does not allow the loan to go forward, what are the potential penalties?

  The buyer can lose the property if they cannot get other financing, up until the foreclosure of the property
  all of these
  The seller may be responsible personally for the amount of the loan and any costs accrued with it
  The lender can accelerate the loan and payment is due immediately
A

all of these

All of the above can happen once the lender becomes aware of the transfer of title

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39
Q

“Security interest” means:

  packaged mortgages sold in the secondary mortgage market
  a creditor’s interest in the borrower’s property
  something of value that is used to buy real property
  collateral for real property
A

a creditor’s interest in the borrower’s property

“Security interest” is the creditor’s (lender) right to foreclose on the borrower’s property if the loan is not satisfied or repaid.

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40
Q

Of all the cost associated with purchasing a property under the Federal Truth-in-Lending Act, which is considered a finance charge and must be included in the disclosure statement?

  Title insurance fee
  Escrow fee
  Assumption fee
  Document preparation fee
A

Assumption fee

Assumption fees are considered a finance charge.

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41
Q

Sarah bought 20 acres of land for $40,000 an acre. Sarah placed a down payment of $40,000 for a straight note blanket deed of trust for the remaining balance. The lender agreed, as part of the terms and conditions of the note, that if Sarah makes additional payments of $40,000 towards the principal, the bank would do a partial reconveyance of one acre for each payment. Sarah has made a total of $80,000 in payments and now owns 2 acres free and clear. How has the equity position changed for the encumbered property?

  increased
  decreased
  Sarah has no equity
  remains the same (she still owes money to the bank)
A

increased

Sarah’s equity was $40,000 on a price of $800,000 (20%). As Sarah made additional payments, her equity increased.

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42
Q

Of the following, which would not directly effect change for mortgage interest rates?

  National unemployment rate
  Easy supply of money
  Supply and demand of money
  National inflation
A

National unemployment rate

The unemployment rate may (over a long time) influence the mortgage interest rate, but it would be an indirect effect.

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43
Q

A buyer wishing to get a FHA loan must do all of the following, except:

  find the FHA office and apply for an appraisal for the home you want to buy
  buy a property that meets the requirements for a FHA loan
  find a lender who will grant the buyer or borrower the FHA loan
  have a way to pay for the loan, as well as insurance for the property
A

find the FHA office and apply for an appraisal for the home you want to buy

A buyer who wishes to use a FHA loan for the purchase of a property must find a lender who loans FHA approved loans, find a property that meets the FHA requirements, be able to pay for the mortgage, and maintain insurance for the property.

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44
Q

A tight money policy implemented by the FED (Federal Reserve System) would have the net effect of increasing the:

  first trust deed for financing real estate transactions
  use of secondary trust deed financing for real estate purchases
  amount of single family homes available
  supply of money available for new construction and development
A

use of secondary trust deed financing for real estate purchases

A tight money policy would tighten up the amount of money available to lend and more individuals would use secondary trust deeds in order to fund their real estate transactions.

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45
Q

Capital turnover in real estate investments is:

  average with the stock market
  slower than the average commodity
  average with commodities
  faster than the average commodity
A

slower than the average commodity

Real estate investments are held for a longer time than other type of investments.

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46
Q

In real estate finance, the term “beneficiary statement”:

  is made by the title company and refers to the value of the title policy.
  refers to the current balance due to the lender and the pay off amount.
  refers to the property owner stating the benefits of owning the property
  defines who will get the property in the event that the owner dies
A

refers to the current balance due to the lender and the pay off amount.

A beneficiary statement is used by the lender to show the payoff amount of a loan.

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47
Q

What is one of the unique features of a VA loan?

  never more than 6% of the CRV
  low down payment
  no down payment
  high down payment
A

no down payment

VA loans have no down payment

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48
Q

Which of the following would pay a premium for mutual mortgage insurance?

  homeowner who assumed a FHA loan
  homeowner who has conventional loan from a life insurance company
  Cal-Vet loan
  a homeowner who insures their personal property with insurance
A

homeowner who assumed a FHA loan

A buyer who uses a FHA loan will pay .5% per year based on the amount of the loan for an insurance premium.

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49
Q

How is the Federal Housing Administration different from other lending institutions?

  FHA insures loans, it doesn’t make loans
  FHA has longer terms for the length of the loan
  FHA loans to elite members of society only
  FHA offers better rates
A

FHA insures loans, it doesn’t make loans

The FHA insures the loans that lenders make. The FHA does not make loans.

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50
Q

A single family home is being sold and the new buyer will be assuming the existing loan. In order for the new buyer to assume the loan without any penalties, what should the real estate agent check to make certain that this is not included with the loan?

  A condition precedent
  A blanket mortgage
  A subrogation clause
  An acceleration clause
A

An acceleration clause

A loan that has an acceleration clause would make the loan due in full upon alienation of the title and this would not allow the loan to be assumed by someone else.

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51
Q

Of the following which is the truer statement about the activities of a mortgage company?

  They never service the loans they fund
  They keep and service the loans they fund
  They never fund a government backed loan
  They prefer to fund loans that can be sold in the secondary market
A

They prefer to fund loans that can be sold in the secondary market

Mortgage companies will often fund a loan that can be sold into the secondary market.

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52
Q

Truth-in-Lending says consumers must be informed of credit terms by:

  the real estate agent
  the broker
  the escrow company
  the lender
A

the lender

The lender must inform the buyer of the credit terms.

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53
Q

A loan that is secured by real property of 1-4 units must comply with RESPA rules and regulations if made by:

  lenders whose deposits are insured by a government entity
  the seller of the property who carries back the note for the buyer and is secured with a first deed of trust
  a private money lender
  none of these
A

lenders whose deposits are insured by a government entity

This law only applies to federally regulated institutions.

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54
Q

Concerning the relationship between an effective and nominal interest rate, which of the following is correct?

  The effective interest rate is paid by the borrower for the use of the money and the nominal rate is a rate specified within the note
  none of these
  The effective interest rate is typically lower and the nominal rate includes closing costs
  The effective rate will be charged to a buyer and the nominal rate is the rate that is referred to in the loan documents
A

The effective interest rate is paid by the borrower for the use of the money and the nominal rate is a rate specified within the note

The nominal rate is the rate stated on the note, and the effective rate is the rate that is actually paid and is typically higher because it contains the points (fees).

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55
Q

On August 1, 2011, William agreed to purchase Harry’s home. Both parties agreed that possession would be transferred on September 30, 2011, and that the property taxes on the property would be prorated as of the date of possession. On November 1, 2011, William paid the property taxes for the tax year 2011-2012. According to the closing escrow statement, which of the following would be true:

  William paid Harry for 3 months of taxes
  Harry paid William for 9 months of taxes
  Harry paid William for 3 months of taxes
  William paid Harry for 9 months of taxes
A

Harry paid William for 3 months of taxes

The property tax year runs from July 1 to June 30 and since Harry had use of the property between July and September 2011, he would owe William for 3 months of taxes.

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56
Q

Who pays the points on a CAL VET loan?

  buyer
  seller
  lender
  no one
A

no one

There are no points for a CAL VET loan. The Department of Veterans Affairs purchases the property then resells it to the qualifying veteran with a land contract.

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57
Q

A straight note with the same term and interest rate would

  have less interest than an installment note including interest
  have more interest than an installment note
  have the same amount of interest as an installment note plus interest
  none of these
A

have more interest than an installment note

A straight note has more interest than installment notes.

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58
Q

A partial release clause is used in conjunction with:

  a construction loan
  a single family home with a first and second trust deed
  a blanket mortgage
  an installment contract
A

a blanket mortgage

A blanket mortgage is a loan secured by more than one piece of land. When part of the loan is paid off, parts of the property can be reconveyed or released.

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59
Q

Lots of things can be prorated in real estate during the escrow process. Which of the following would be something buyers and sellers would agree to prorate during the sale process using escrow?

  fees for title and escrow
  rent
  the cost to prepare the country transfer tax
  termite and dry rot work that needs to be completed
A

rent

The seller would be entitled to any rent from the property up to the close of escrow; the buyer would be entitled to the rent thereafter.

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60
Q

When using a purchase money trust deed, the trustor:

  receives a note for the amount borrowed
  signs the trust deed as security for the loan
  lends money for the purchase of real property
  gives the money and no payment is needed
A

signs the trust deed as security for the loan

The trustor signs the trust deed, and will typically also sign the promissory note.

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61
Q

Which of the following best describes equity?

  all of these
  A down payment on a property.
  The periodic repayments of the amount owed on a loan, minus the total loan amount.
  The value a property owner has in the property, minus any liens against it.
A

all of these

Equity can be described by any of the ways above.

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62
Q

What is the best way to describe the function of a mortgage company?

  short term credit and limiting the loans they carry in their portfolio to equal the amount of deposits they have on hand
  purchase loans in the secondary market with the idea of holding the loans until maturity
  pay higher amounts for savings and deposits to drive and promote savings. Their goal is to acquire vast amounts of real estate mortgages
  part of the money market acting as a conduit for other lenders, they originate and service loans, however do not hold the loans themselves in their own portfolio
A

part of the money market acting as a conduit for other lenders, they originate and service loans, however do not hold the loans themselves in their own portfolio

Mortgage companies originate loans then sell them off to other lenders, but retain the servicing of the loan.

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63
Q

The measure of goods and services produced by the nation in one calendar year is known as:

  gross national index
  inflation
  gross national product
  economic conditions
A

gross national product

Definition of gross national product

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64
Q

When real property is sold, escrow will be used in order to:

  make sure laws are followed
  make sure all of the conditions and terms are met before the transaction closes
  be a 3rd party witness for the transaction
  make sure the real estate agent gets paid
A

make sure all of the conditions and terms are met before the transaction closes

Escrow makes certain that all of the details of the transaction are complete before the deal closes.

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65
Q

How can the Federal Reserve Board increase the supply of money and credit in the economy?

  Any of these
  Lower the cash reserves required for banks that are part of the Federal Reserve Bank System
  Raise the discount rate charged to banks what are part of the Federal Reserve Bank System
  Increase the reserve requirements for banks that are part of the Federal Reserve Bank System
A

Lower the cash reserves required for banks that are part of the Federal Reserve Bank System

When the Federal Reserve Board lowers the reserve requirements for banks, it allows for more money to flow into the economy.

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66
Q

How would an existing seller’s mortgage that is assumed by a buyer appear on the closing statement?

  a credit to the seller
  a credit to the buyer
  a debit to the seller
  a debit to the buyer
A

a debit to the seller

A seller’s mortgage that assumed by a buyer shows up against the seller’s proceeds and does not relieve the original mortgagor (original borrower) from their financial liability.

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67
Q

Of the following which would show up on the seller’s closing statement as a credit?

  commission to the agents
  proration of prepaid taxes
  proration of prepaid rent
  payoff of an existing loan
A

proration of prepaid taxes

When the seller paid taxes that go beyond the close of escrow, the difference would show up as a credit in their closing statement.

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68
Q

Of the following, which is a cost of home ownership?

  Loss of interest of the owners’ equity
  Approbation of improvements made to the real property
  Appreciation of the land
  Appreciation of rental costs
A

Loss of interest of the owners’ equity

If the owner loses the interest that they earned from the equity of the property, this would be a cost of ownership.

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69
Q

According to the Real Estate Settlement Procedures Act, when a lender makes a loan they must first provide:

  a good faith estimate
  the closing costs only
  a mortgage fee only
  a credit score
A

a good faith estimate

RESPA requires the lender (within 3 days) to deliver to the loan applicant a good faith estimate which shows the estimated closings costs associated with the loan.

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70
Q

When a borrower is interested in applying for a FHA loan, which of the following would be able to assist them?

  the mortgagee
  the real estate agent
  the broker
  the FHA directly
A

the mortgagee

A person who wants to use a FHA loan to finance the purchase of real property would apply to a lender (bank, savings and loan). They would be the mortgagee or beneficiary.

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71
Q

Who can execute escrow instructions?

  sellers
  3rd parties
  buyers
  all of these
A

all of these

All three can execute escrow instructions.

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72
Q

During the loan application process a lender would gather information about the borrower, the loan, and the property to make a:

  true cost of credit
  appraisal
  loan commitment
  credit score
A

loan commitment

The loan commitment includes all the information about the borrower, the loan, and the property.

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73
Q

What is the vacancy rate (under normal conditions) a result of?

  supply and demand of the housing market
  employment numbers
  rental costs in the immediate area
  cost of money in the free market
A

supply and demand of the housing market

Housing supply fluctuations will have a direct effect on vacancy rates.

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74
Q

What would best describe a mortgage in which the terms secure the initial amount of the loan plus any additional amounts loaned at a later date?

  A closed end mortgage
  None of these
  A blanket mortgage
  An open ended mortgage
A

An open ended mortgage

An open ended mortgage allows for additional credit to be extended to the borrower without having to reapply for a loan.

75
Q

Donald sold his home for $32,400 and took back a $25,000 note with interest at 9% per year. The property has a fair market value of $30,000 and later Donald decided to sell the mortgage note and discount the note for $19,000. Donald sold them to Laura Smith and on the back of the note Donald wrote “I assign this note to Laura Smith without any recourse”. If the maker of the note defaults before any principal payments are made, Laura’s best legal recourse is to:

  foreclose to enforce payment of the $25,000
  recover the $19,000 from Donald
  foreclose to recover the $19,000
  do nothing
A

foreclose to enforce payment of the $25,000

The only recourse Laura has is to foreclose for the full face amount of $25,000.

76
Q

What does “debt to income ratio” mean?

  a governmental requirement
  closing costs
  formula used for figuring out lot size
  a qualifying tool for a loan
A

a qualifying tool for a loan

The lender typically uses the “debt to income ratio” of a borrower, which is the amount of debt vs. the borrower’s income, when a borrower is applying for a home loan.

77
Q

When a lender is loaning money to two or more co-borrowers, in order to protect the lender and add security to the note, the lender will add the following language after the names of each of the borrowers?

  personally responsible
  together as individuals
  joint and severally
  as individual
A

joint and severally

The terms “joint and severally” refers to the co- borrowers and means that they are both obligated together and individually for the satisfaction of the loan.

78
Q

Of the following types of loan, which would qualify for FHA insurance but not a VA loan guarantee?

  A loan to buy an avocado farm
  A small business loan
  A loan to buy a 1-4-unit residential income property
  A loan to buy an 8 unit investment complex
A

A loan to buy a 1-4-unit residential income property

FHA loans allow for the purchase of 1-4 unit income property while a VA loan guarantee does not.

79
Q

Taxes on a home that will be selling May 1 is $ 1,500. If the full amount of taxes has been prepaid for the year, how much would the seller get back in a proration scenario?

  $125
  $1500
  $250
  $150
A

$250

The tax year runs July 1 through June 30. The buyer would be obligated to reimburse the seller for the amount of taxes that were prepaid for the months of May and June. 1500 /12 = 125; 125 x 2 = 250

80
Q

Of the following, which would be a recurring cost?

  mailing of documents
  escrow fees
  title insurance premiums
  impound account items
A

impound account items

Impound account items, such as property taxes and homeowners insurance, are normally paid monthly with the payment of principal and interest through the life of the loan.

81
Q

How would ”insurance” be described?

  Transfer of risk from one person to another (insured to insurance company)
  Substitution of certainty for uncertainty
  According to the policy terms and amount it protects the insured from a loss
  all of these
A

all of these

Insurance does all of these things listed above

82
Q

Who holds the title of a CAL VET Farm and Home Purchase Plan?

  the borrower
  Department of Veterans Affairs
  Veterans Administration
  the local bank
A

Department of Veterans Affairs

The Department of Veterans Affairs retains the title of the property using an installment/conditional sales contract and sells the property to the veteran.

83
Q

The trustor in a trust deed:

  cannot sell their interest
  holds the deed of trust and the note, even if an outstanding amount is due.
  signs a note for the amount borrowed
  is not responsible for payments
A

signs a note for the amount borrowed

The borrower is the trustor and they sign the promissory note for the borrowed amount.

84
Q

Copies of a certified structural pest control report, which is filed by a pest control company with the Structural Pest Control Board within the last two years, can be obtained upon request (and payment received) by :

  a seller involved in the transaction
  a buyer involved in the transaction
  anyone
  the buyer, seller and the real estate agents involved in the transaction
A

anyone

The structural pest control board keeps records of the last two years for properties that have been inspected. The files can be accessed by anyone once they request and pay a fee for the report.

85
Q

When a lender accepts a deed in lieu rather than foreclose on a property, the lender will

  own the property free and clear of any encumbrances
  assume any junior liens
  go to court to get a judgment
  add adverse risk to their portfolio
A

assume any junior liens

When a lender accepts a deed in lieu instead of foreclosure, any liens on the property stay with the property and the lender assumes them. If the property is sold at a trustee’s sale, then the junior loans will go away.

86
Q

Betty purchased her home using a Cal Vet loan. Two years later she made her last payment and satisfied the terms of the loan. Which of the following documents is least likely used in such a transaction?

  title insurance policy
  grant deed
  fire insurance policy
  trust deed
A

trust deed

A trust deed is not used in a Cal Vet loan. The property is sold using a land contract. The title insurance policy and the fire insurance policy are required when the property is sold to a veteran and, also, when the veteran receives his deed. The veteran would receive the grant deed when the loan was paid off.

87
Q

Life insurance companies who do not want to work directly with the consumer (mortgagors/trustors) will pay a loan servicing fee and preparation fee and make real estate mortgage loans that can be purchased indirectly through:

  the VA loan office
  the FHA loan store
  all of these
  a mortgage company
A

a mortgage company

Life insurance companies will work through a mortgage company to make, process, and service loans. They pay a fee to the mortgage company for their efforts.

88
Q

Miranda took a home improvement loan out for her property that was fully amortized. The loan provides for equal monthly payments. What will happen to the amount credited to principal?

  Nothing will happen. It’s equal.
  The contribution towards the principal will increase at a constant amount and interest payment will increase
  The contribution towards the principal will decrease at a constant amount and interest payment will increase
  The contribution towards the principal will increase and interest payment will decrease
A

The contribution towards the principal will increase and interest payment will decrease

In a fully amortized loan (with equal monthly payments) the amount credited to the principal will increase while the amount credited to interest will decrease.

89
Q

When the Federal Reserve Board increases the reserve requirements, the following will happen:

  inflation goes down
  more loan activity
  inflation goes up
  less loan activity
A

less loan activity

When the Federal Reserve Board increases reserve requirements , banks have to hold onto more cash which makes it less available for loans.

90
Q

Of the following, which is true when talking about a hard money second deed of trust?

  always carried by a commercial bank
  always repayable within 5 years
  always has a rate that is lower than what normal rates go for
  always secured by real estate and given to a 3rd party to obtain a cash loan
A

always secured by real estate and given to a 3rd party to obtain a cash loan

This is a hard money loan that provides cash to the borrower to make the real estate purchase. It would not be carried back by the seller since it is a trust deed which is secured by the real estate.

91
Q

If a seller wants to remove himself from the responsibility of a trust deed, he must find a buyer who is willing to:

  take title subject to the trust deed and note
  sign a full release
  assume the trust deed and not liability
  execute a loan contingency
A

assume the trust deed and not liability

There is a major difference between assuming a loan and taking title subject to the loan. Make certain to know the difference.

92
Q

Which of the following would be the correct term used when a private lender charges more than the maximum interest allowed by law?

  aversion
  penalty
  illegal
  usury
A

usury

Usury is when a lender consciously charges more than the maximum amount of interest allowed by law.

93
Q

When does the time for repayment start for a construction loan?

  when escrow closes
  when money is wired to escrow
  from the date of the note
  when the purchase contract was signed
A

from the date of the note

The date of the note determines the maturity date of the construction loan.

94
Q

A mortgage was written two years ago with a prepayment penalty. Which of the scenarios would allow the lender to waive the prepayment penalty?

  When a period of deflation is present
  Building costs are increasing quickly
  Demand outpaces the supply
  When a new loan can be made at a higher rate
A

When a new loan can be made at a higher rate

The reason for a prepayment penalty is to cover the loss of interest based on the early payment of the loan. A new loan at a higher rate for the same property could make up for the loss from the unpaid interest.

95
Q

A straight note:

  may have the principal balance due in a lump sum
  all of the above
  can be secured with a mortgage
  have payments of interest due at specific periods
A

all of the above

When secured with a mortgage, a straight note can be used in a real estate transaction. The interest is paid over a specific period and the principal balance is due in one lump sum.

96
Q

A proper fire insurance policy provides a home owner of real property with protection in the case of a loss. What should the insured expect when utilizing the insurance policy?

  to take on a loss and won’t gain
  make a gain and not suffer any loss of money
  neither gain nor lose (make whole again)
  make money on the loss enough to upgrade their home
A

neither gain nor lose (make whole again)

Proper insurance coverage will allow the insured to be reimbursed for their loss.

97
Q

When a buyer is financing a loan for new construction, when will the lender release the final payment to the builder?

  When the lien period has expired
  When the work has been completed
  When the completion of work has been recorded
  When the work has started
A

When the lien period has expired

Final payment is usually held back until the lien period has expired. This is done to make certain that there will not be any mechanics liens filed against the property.

98
Q

What does an “open end” provision allow the borrower to do?

  Pay the loan faster
  Allows the loan to be assumable
  Pay the loan off whenever the borrower chooses to
  Borrow more money
A

Borrow more money

“Open end” means the borrower can borrow additional money in the future without needing to repeat the loan process.

99
Q

If a seller wants to sell their real property and carry the loan, or credit themselves and keep legal title to the property which kind of financial tool would be used?

  money market
  first trust deed
  mortgage
  real property installment or conditional sale contract
A

real property installment or conditional sale contract

The seller retains legal title under this type of contact until the loan amount is satisfied in full.

100
Q

What does an “or more” clause mean in an installment note?

  more can be paid without receiving a penalty
  money can be borrowed if needed
  can take longer to send in payment
  can pay off the loan with a penalty
A

more can be paid without receiving a penalty

With an “or more” clause, the amount due can be paid or additional payments can be made without any charged penalties.

101
Q

What is the name of an arrangement where one party agrees to pay the other party for incurred damages for clearly defined risks, in exchange for a payment of money?

  a agreement to manage property
  a mortgage
  an insurance policy
  a car note
A

an insurance policy

This is an insurance policy.

102
Q

When the real estate market changes from a buyer’s market to a seller’s market, what could be expected in the real estate industry?

  Home prices will increase due to the lack of inventory
  Home prices increase due to a surplus of inventory
  Home construction would decrease
  Home prices will decrease due to high demand of property
A

Home prices will increase due to the lack of inventory

In a sellers’ market, property demand is higher than the supply of inventory that is available. Therefore home prices will increase.

103
Q

You go to list a property for sale and you find out that the seller has a conditional/installment contract of sale. While you read the agreement you notice there is no acceleration clause and there is no language that disallows the resale or assignment of the contract. What can your client do?

  Get a personal loan to cover the outstanding amount due on the conditional/installment contract and sell the property to the new buyer without pre approval
  Sell or assign the rights to the new buyer and retain the original duties unless the contract seller agrees
  Pay off the current agreement, then sell the property to a buyer
  none of the above
A

Sell or assign the rights to the new buyer and retain the original duties unless the contract seller agrees

The contract can be assigned unless there is language that does not allow it. The obligation to perform cannot be reassigned.

104
Q

What is the best description of a balloon payment?

  the entire balance is due
  partial payment is due
  50% of payment is due
  20% of the payment is due
A

the entire balance is due

A “balloon payment” means the entire loan balance is due.

105
Q

What is a “FICO” score typically used for?

  None of these
  Helps to decide which government program someone can qualify for
  Supplies the credit history of the prospective buyer
  Determines if private mortgage insurance will be needed
A

Supplies the credit history of the prospective buyer

A FICO score measures the creditworthiness of a borrower (how they are at paying back their debts).

106
Q

If Ethan bought a home with a minimal down payment and a long repayment term, what would the result be?

  Decrease financing costs the longer the loan
  Increase financing cost
  Acceleration clause would kick in
  No effect on financing cost everything would stay the same
A

Increase financing cost

As a buyer, the longer the term of the loan and the lower the down payment, the more expensive the financing costs will be.

107
Q

Which of the following would produce changes and impact the real estate market?

  consumer sentiment changes
  all of these
  land use controls
  sudden shifts in the real estate industry
A

all of these

Any changes in the above would produce extensive changes to the real estate industry for the foreseeable future.

108
Q

John borrowed money from a company bank and gave the lender a trust deed for 9 separate pieces of property that John owns free and clear without any encumbrances. What kind of trust deed would this be?

  a blanket deed of trust
  none of these
  all-inclusive deed of trust
  purchase money deed of trust
A

a blanket deed of trust

The trust deed is a blanket over one or more pieces of land used for the security of a loan .

109
Q

What is the name of a real estate financing tool that transfers title to real property, but the seller keeps legal title?

  deed of trust
  security instrument
  real property conditional installment sale contract
  mortgage
A

real property conditional installment sale contract

The bank holds title and equity is transferred to the borrower (or buyer) over time as the buyer or borrower makes payments on the loan.

110
Q

How would a lower mortgage interest rate affect the real estate market?

  business would shrink
  higher inflation
  more money available for mortgages
  lower inflation
A

more money available for mortgages

Money is a commodity and scarcity would make the cost of money increase. Abundance will make money less expensive and is often called interest.

111
Q

When real property is in escrow which of the following may the escrow holder have to do?

  Cancel escrow if the buyer doesn’t perform
  Accept written instructions from the seller and buyer to change pricing or terms without agent approval
  Settle a disagreement between the buyer and seller
  Cancel escrow if the seller doesn’t perform
A

Accept written instructions from the seller and buyer to change pricing or terms without agent approval

Buyer and seller may change the escrow instructions without needing the approval of anyone else as long as both principals mutually agree to do so. This is typically done in writing.

112
Q

What is the lender referring to when discussing “discounting”?

  The process of arriving at the loan yield
  The proceeds disbursed by the lender are greater than the face value of the note
  The loan proceeds disbursed by the lender are less than the face value of the note
  The process of arriving at the effective interest rate
A

The loan proceeds disbursed by the lender are less than the face value of the note

A lender will charge discount points when making a loan which will deduct from the face value of the amount of the note. The remaining amount goes to escrow and funds the loan.

113
Q

What is the primary purpose of FNMA (Federal National Mortgage Association)?

  Get money into the hands of large scale builders to build more home tracts
  Supervise public lending for real property
  Lending money to consumers
  Increase the amount of money available for credit financing of housing
A

Increase the amount of money available for credit financing of housing

The Federal Mortgage Association ensures a secondary market for FHA insured mortgages.

114
Q

What is the purpose of the Truth in Lending Act?

  Disclosure of credit terms
  Make credit available to everyone
  Limit the cost of credit to consumers
  Establish credit rules for consumers
A

Disclosure of credit terms

The Truth in lending act or Regulation Z requires lenders to disclose the annual percentage rate (APR) of interest and all direct and indirect costs associated with the cost of the loan so that consumers can shop for the very best rates.

115
Q

A trust deed, under California law:

  transfers interest in property
  encumbers the real property that is designated in the deed of trust
  designates owners and sellers in the deal
  transfers ownership
A

encumbers the real property that is designated in the deed of trust

A trust deed is an encumbrance and it conveys title to a trustee.

116
Q

A trust deed note on a single family owner occupied residence, which has a loan from a state savings and loan association, can be repaid without penalty after:

  never, it cannot be prepaid without incurring a penalty
  the loan matures for 2 years
  the loan matures to 7 years
  the first payment is taken
A

the loan matures to 7 years

Civil code states that a single family residence that is owner occupied and has a state savings and loan association note can be repaid without penalty after 5 years, in some cases after 7 years.

117
Q

What does a “seasoned” loan mean?

  A loan that has been approved and ready to fund
  A loan that has been issued for over a year and the borrower has a good payment history
  The quality of the loan
  The maturity date of a loan is nearing
A

A loan that has been issued for over a year and the borrower has a good payment history

A “seasoned” loan refers to loan payments that have been paid as scheduled and over a certain time period, typically more than one year.

118
Q

What does the term “warehousing” mean when we use it in relation to real estate?

  Federal Truth-in-Lending Act
  a large building where mobile homes are placed for storage
  a loan for an industrial property
  a mortgage bank that is gathering loans and preparing them for sale
A

a mortgage bank that is gathering loans and preparing them for sale

Warehousing occurs when loans are gathered together and bundled for sale to a large institutional investor.

119
Q

When escrow closes on a home purchase, the closing statement typically shows that the seller has paid certain items in arrears or in advance related to the ownership of that home. These items are usually prorated or adjusted. All of the following would be included in these prorated items except:

  fire insurance premiums
  property taxes
  interest and impound accounts
  delinquent interest and principal payments for a home improvement loan
A

delinquent interest and principal payments for a home improvement loan

Any loan that is unsecured (signature loans are unsecured) does not apply to the property itself and would not show on the closing statement.

120
Q

Of the following, which is true about the escrow process?

  When a broker has no interest in a transaction, a broker can hold an escrow for compensation for other parties
  The escrow office is a mediator for settling arguments
  When all requirements are met, the escrow changes from dual agency to separate agency
  A binding contract with buyer and seller is a “complete escrow”
A

When all requirements are met, the escrow changes from dual agency to separate agency

The escrow company is an agent for both parties throughout the escrow process. Once the escrow is completed and closed, the initial dual agency changes to separate agency.

121
Q

Who can insure a mortgage?

  FHA or private mortgage insurer
  FNMA
  the buyer
  Freddie Mac
A

FHA or private mortgage insurer

FHA loans are insured against default by the Federal Housing Administration. There are also private mortgage insurers who insure conventional loans.

122
Q

Greg received a loan application from his lender that asked him to specify his marital status and ethnic background? Legally, what can he do?

  Better fill in the information otherwise he may be denied the loan
  Be denied the loan if he does not fill in that info
  Answer the question because it’s on the form
  Refuse to fill in that information on the loan application
A

Refuse to fill in that information on the loan application

A borrower can choose whether or not to provide that information. A borrower cannot be penalized either way. The lenders report the information to regulators to make sure they are not discriminating.

123
Q

What does it mean when the buyer takes property “subject to” the existing loan?

  Only the seller is responsible for the loan
  The buyer will not be personally responsible for the loan
  Both buyer and seller are responsible for the loan
  Only the buyer is responsible for the loan
A

The buyer will not be personally responsible for the loan

If a buyer takes property “subject to” an existing loan, the buyer is not personally responsible for the payment of that loan.

124
Q

Which of the following are synonymous?

  construction loan / interim loan
  take out loan / installment loan
  construction loan / take out loan
  take out loan / short term loan
A

construction loan / interim loan

Interim loan is another name for a construction loan.

125
Q

What disclosures are needed for a graduated payment mortgage under the Truth-in-Lending law?

  property description
  different monthly payments
  real estate agents name
  lender’s information
A

different monthly payments

When advertising for such a loan, the monthly payment must be disclosed according to the Truth-in-Lending Law.

126
Q

What best describes the increase in value due to an increase in population?

  Any of these
  An economic boom
  An unearned increment
  An economic downturn
A

An unearned increment

An unearned increment of value results from an increase in the value of land or property without labor or expenditure on the part of the owner. An increase in population in an area that drives the value of real property to increase would be an example of an unearned increment.

127
Q

Who does a subordination clause benefit the most?

  trustor
  any of these
  trustee
  beneficiary
A

trustor

The trustor is permitted to obtain a future trust deed (loan) which will move into first (priority) position, ahead of the initial lender who has secured a loan by a mortgage or deed of trust in regards to payment, in the case of default. The initial lender agrees to subordinate the first loan to the new loan. It is to the trustor’s advantage, not to the beneficiary’s.

128
Q

Which of the following is not considered a demand source for mortgage money?

  construction and development
  Federal National Mortgage Association
  sales financing
  refinancing
A

Federal National Mortgage Association

The Federal National Mortgage Association provides money for real estate purchases. It doesn’t create demand for it.

129
Q

Escrow prepares a closing statement which has columns with credits and debits. The sellers and buyers columns:

  can be the same
  must be the same
  can be different
  must be different
A

can be different

The buyer and sellers could have the same balances in the debits and credits columns, but they are usually different. Each party pays for some costs, some costs are paid by the buyer, some by the seller, and some by both.

130
Q

Robert bought a home from Lizzy. Robert agreed to assume the conventional loan. The lender agreed to the assumption by Robert and issued a substitution of liability. What would typically be the next step?

  Lizzy is personally responsible even though the bank approved
  Robert and Lizzy are both responsible for the life of the loan
  No one is responsible; the bank retains all the risk
  Lizzy is released of liability and all duties and obligations
A

Lizzy is released of liability and all duties and obligations

Substitution of liability says that the liability is transferred to the assumer of the loan.

131
Q

When a blanket mortgage is placed on property and the release schedule is showing the amount that must be paid off for each lot, those amounts are normally higher for the first few lots sold. The reason is:

  to compensate for the loss of security for the best lots being sold first
  to compensate for the loss of security as the lots under the blanket encumbrance are sold
  to increase the value of the remaining lots
  all of these
A

all of these

These are fantastic reasons as to why the first few lots sold would require larger repayment under a blanket mortgage.

132
Q

A FHA loan is different from a conventional loan in all the following ways, except:

  Conventional loans have lower loan to value ratio (LTV)
  FHA loans typically has a longer term for repayment
  Conventional loans always permit a deficiency judgment, FHA loans do not.
  FHA loans usually have lower interest rates compared to conventional loans
A

Conventional loans always permit a deficiency judgment, FHA loans do not.

Deficiency judgments are not allowed for purchase money encumbrances regardless if they are for conventional or FHA loans

133
Q

Of the following statements, which is false about real estate financing?

  a promissory note is security for a mortgage
  the owner of a property who signs for a mortgage to borrow money is known as a mortgagor
  discounting a note means selling it for less than face value
  a mortgage is considered a lien
A

a promissory note is security for a mortgage

A mortgage is security for a promissory note.

134
Q

The Mark’s property was bought by the Millhouses. As part of the deal, the Marks were to have a structural pest control completed. The Marks called ABC pest control company to do the inspection, report, and complete all of the corrective actions which the Mark’s paid for. Which of the following is correct about this scenario?

  The seller does not have to provide the buyer with a copy of the pest report since the seller paid for it
  The seller only has to tell the buyer of the company that will be doing the pest report and repairs
  The seller or the seller’s agent must deliver a copy of the pest report to the buyer as soon as possible
  The buyer has to deliver the pest report to the seller
A

The seller or the seller’s agent must deliver a copy of the pest report to the buyer as soon as possible

The purchase agreement will say when the pest control report must be completed by. If that information is not stated, it should be delivered in a reasonable amount of time.

135
Q

Of the following, which does not buy loans in the secondary mortgage market?

  Government National Mortgage Association
  Federal National Mortgage Association
  Federal Home Loan Mortgage Corporation
  Federal Housing Administration
A

Federal Housing Administration

The Federal Housing Administration (FHA) is an insurer of loans. They do not buy or sell them.

136
Q

Under the terms of the trust deed, who has the right or power to sell real property in the event of a default:

  trustee to the trustor
  seller to the buyer
  buyer to the seller
  trustor to the trustee
A

trustor to the trustee

The trustor (borrower) gives the trustee (holder of the title) the title of the property, with the right to sell the property to satisfy a debt in the event of defaulting.

137
Q

If a borrower takes out a loan that is 100% of the purchase price of a property and the loan is not government related, how is the lender protected?

  Through appreciation of the home value
  Low interest rates
  Great unemployment numbers
  By hope and a prayer
A

Through appreciation of the home value

If the property is appreciating in value, this would provide some protection to the lender in case of a foreclosure.

138
Q

Of the following, which lender would have the greatest percentage of their funds invested in real estate mortgages?

  Commercial banks
  Life insurance companies
  Savings and loan associations
  Mutual savings bank
A

Savings and loan associations

These institutions put a greater percentage of their funds into real estate, mostly made up of single family homes.

139
Q

When a borrower defaults on a loan and the lender chooses a judicial foreclosure, the borrower is given an amount of time to redeem the property. During the redemption period, who maintains the right of possession of the property?

  the lender
  the lawyers
  the mortgagor
  the trustee
A

the mortgagor

During the redemption period the mortgagor (borrower) can stay in possession of the real property.

140
Q

If there is a dispute between the buyer and seller, under what circumstance can an escrow agent release funds?

  Upon receiving an arbitrator award
  Upon receiving written instructions signed by the buyer and seller
  all of these
  Upon receiving a court ruling
A

all of these

Any of these can trigger an escrow agent to release funds.

141
Q

Recession, prosperity, expansion and depression are all related to which of the following cycles?

  money
  buyer to seller market
  business
  real estate
A

business

These terms are used to describe the business cycle.

142
Q

A buyer and seller negotiate a sale of real property where the buyer will take the title subject to the seller’s existing loan. If the sale is made without the lender having knowledge or consent, the buyer and seller should both be aware that:

  the seller may retain personal liability for the loan and any potential deficiency and costs associated with it
  the sale might not be completed if the loan is called and the new buyer is unable to qualify for a new loan
  all of these
  the loan may be accelerated
A

all of these

All of these may occur if the buyer and seller agree to this type of transaction without the lender’s consent.

143
Q

Institutional lenders often charge fees for the expenses they incur such as document preparation and underwriting. The fees are usually a percentage of the face amount of the loan. What are these fees known as?

  loan origination fees
  loan percentage fees
  cost of doing business
  mortgage loan sales person fees
A

loan origination fees

Costs of the origination are passed along to the borrower by charging origination fees.

144
Q

In general, when prices decrease:

  the value of money goes down
  the value of rice and corn goes up
  the value of money increases
  nothing happens
A

the value of money increases

When prices go down, money becomes more valuable because it can be used to purchase more items.

145
Q

What is the purpose of mortgage insurance on a FHA loan?

  Protects the community
  Protects the government
  Protects the buyer
  Protects the lender in the case of default
A

Protects the lender in the case of default

Mortgage insurance for FHA loans protects the lender in case of default by the borrower. This insurance is paid by the borrower.

146
Q

What is a “release clause” in a mortgage?

  Releases the bank of wrongdoing
  Releases the borrower from wrongdoing
  The portions of the property that were held for security can be released from the mortgage lien upon performance of an act (payment of the loan)
  Allows for fish to swim free
A

The portions of the property that were held for security can be released from the mortgage lien upon performance of an act (payment of the loan)

147
Q

Some real estate loans can have interest rates that can increase or decrease depending on what is happening in the market. What would best describe this type of loan?

  A variable interest rate loan
  A construction loan
  A fixed rate loan
  A loan with a term of less than 5 years
A

A variable interest rate loan

Definition of variable interest rate.

148
Q

All of the following are negotiable instruments, assuming there is no agreement to the contrary, except:

  a personal check
  a cashier’s check
  a mortgage securing a promissory note
  an installment note
A

a mortgage securing a promissory note

A mortgage is not a negotiable instrument. The promissory note that is attached to it is a negotiable instrument, which is considered a promise to pay money.

149
Q

You purchase a negotiable note and you are unaware of any defects with the note. You would be known as the following:

  Holder in due course
  None of these
  The mortgagor
  A trustor
A

Holder in due course

Definition of a holder in due course.

150
Q

Under a land contract for the sale of real property, who holds legal title:

  Vendor
  beneficiary
  vendee
  buyer
A

Vendor

The vendor is the seller of the property and until the loan is paid in full or satisfied the seller retains the legal title of the property.

151
Q

“Mortgage yield” refers to:

  the interest earned by the lender after subtracting all their fees
  how much value a property will gain when it has a mortgage
  the interest return obtained from a trust deed by an investor
  how much value a property will lose because it has a mortgage
A

the interest return obtained from a trust deed by an investor

Mortgage yield is the profit the lender earns from the loan given.

152
Q

When the Gross National Product (GNP) and the employment rate goes up, which of the following also occurs?

  Personal income rises
  Existing homes sales will increase
  All of these
  Building and developing of new homes will start
A

All of these

An increase in the economy would bring the above trends as well.

153
Q

What are “discount points” a percentage of?

  The loan amount
  The property’s selling price
  The closing costs
  The down payment
A

The loan amount

Loan points, also known as discount points, are a percentage of the loan amount.

154
Q

In California, Escrow Law would be found in which of the following documents?

  bureau of real estate rules and regulations
  civil code
  real estate law
  financial code of California
A

financial code of California

Escrow Law is part of the financial code of California.

155
Q

A beneficiary (lender) of a second trust deed sold their interest in the real property for an amount less than the unpaid balance on the note. This is termed:

  forgiven deed
  undercharging
  discounting
  deflated note
A

discounting

This is the definition of discounting a note.

156
Q

Stocks and bonds, when compared to real property, are thought to be:

  challenging to evaluate
  harder to sell
  more liquid in the market
  less volatile
A

more liquid in the market

Stocks and bonds are easier to purchase and sell. For this reason, they are more liquid than real property.

157
Q

A trust deed, under California law:

  encumbers the real property that is identified in the deed of trust
  transfers interest of the real property to a third party
  none of these
  designates up to two people in the deal
A

encumbers the real property that is identified in the deed of trust

A trust deed encumbers the real property and transfers title to the trustee.

158
Q

What does an impound account for a real estate loan refer to?

  fixed rate
  reserves
  short term
  reduced term
A

reserves

Impound accounts are used for the collection of money for taxes and insurance. These funds are collected by lenders.

159
Q

Matt sold his home and escrow will close on March 1. The annual tax amount is $2,100. If the first installment has been made and the second installment will be prorated on the escrow closing date, how much will the buyer be charged for taxes?

  $700.00
  none of these
  $1,400.00
  $525.00
A

$700.00

Monthly taxes are $175.00. The tax year runs July 1st through June 30. The buyer would owe taxes for March, April, May, June (4 months) $2100 yr / 12 months = $175 month x 4months = $700.00

160
Q

What does “default” refer to when used in context of a deed of trust?

  the borrower not maintaining the real property
  late on making a loan payment
  all or any of these
  using real property in an illegal fashion
A

all or any of these

A deed of trust allows the beneficiary (lender) to declare real property in default if any of the above have occurred.

161
Q

A seller wishes to sell a piece of real property using a conditional sales contract and carry back the mortgage as a first trust deed. What is the benefit of conducting the sale in this manner rather than using a grant deed?

  If financing for the buyer is challenging, this would be an easier way to sell the property.
  The barrier of entry is less (lower down payment)
  The seller retains legal ownership up until the buyer makes the final payment to satisfy the loan
  None of these
A

The seller retains legal ownership up until the buyer makes the final payment to satisfy the loan

With a conditional sales contract, the seller keeps the legal title until the loan for the purchase of the real property has been completely satisfied.

162
Q

What does the security of a loan made for real property depend on?

  The borrower’s creditworthiness
  The borrower’s ability to repay
  All of these
  The value of the property being used for the lien
A

The value of the property being used for the lien

163
Q

A real estate broker helped their client negotiate a loan. The homeowner gave the lender a promissory note and a second trust deed for $5,600. Which of the following would be used by the broker in this transaction?

  real property securities statement
  closing statement
  broker’s loan statement
  real property security permit
A

broker’s loan statement

A broker’s loan statement, also known as the loan disclosure statement, is given to the borrower by the broker.

164
Q

Vic needed $4,800 to buy a motorcycle. Vic gave the lender his note for $4,800 which was secured by a second deed of trust against his personal home. The note was payable at $154 a month including 10% interest per year over three years. How much is the total principal that Vic must pay back to the lender

  $9,600
  $4,000
  $5,600
  $4,800
A

$4,800

This initial principal amount of the note was $4,800 and this principal must be paid by Vic. He will also have to pay interest in addition to the principal amount.

165
Q

Why are amortization tables used when making a loan?

  To determine the interest rate
  To determine the monthly payment
  To determine the term of the loan
  To determine what the annual percentage rate will be
A

To determine the monthly payment

The amortization table is used to find the right interest rate and then the amount of the loan to determine what the monthly payment will be.

166
Q

What would a lender consider the most important factor when deciding whether to fund a home loan purchase?

  Past repayment history
  Degree of risk
  Credit of the client
  Local, state and federal laws
A

Degree of risk

The lender’s primary concern is the degree of risk with the loan.

167
Q

Which of the following is exempt from the Federal Truth-in-Lending Act?

  An agricultural and farming loan from a bank
  A VA loan from a savings and loan
  A signature loan without any security from the borrower from a financing company
  A loan from a credit union for improvements to the home
A

An agricultural and farming loan from a bank

Farming agricultural loans are exempt from the Federal Truth-in-Lending Act

168
Q

When title is transferred due to the sale of real property that is encumbered by a deed of trust, it’s necessary to:

  have title insurance
  have the grantor deliver a deed
  have acknowledgment
  none of these
A

have the grantor deliver a deed

Whenever real property is bought or sold the grantor must deliver a deed.

169
Q

What does an “acceleration clause” do when added to a note that is otherwise negotiable?

  It does not reduce the negotiability of the note
  Without it, the note would lose its' negotiability
  It is required for negotiability in the secondary market
  It makes the note non negotiable
A

It does not reduce the negotiability of the note

A note with an acceleration clause does not make it non negotiable.

170
Q

A licensee must give a borrower a federal RESPA booklet and disclosures when a federally related loan is in first lien position and the money is used to:

  purchase a farmland
  purchase a residential one to four-unit building
  purchase a 30-unit apartment building
  remodel a single family home
A

purchase a residential one to four-unit building

RESPA applies only to 1-4 residential units.

171
Q

A lender who extends a FHA loan would least be concerned about:

  how liquid the investment is
  the supply and demand in the market for funds
  the risk involved with making the loan
  the mortgage insurance rate
A

the mortgage insurance rate

Mutual mortgage insurance rates for FHA loans are fixed by law and the borrower of the loan pays for the insurance, therefore the lender would not be concerned with this.

172
Q

Jen failed to make payments on her trust deed loan for two straight months and a notice of default has been recorded. She has:

  the right to ask for forgiveness
  lost her home and needs to move
  the right of redemption
  the right of reinstatement
A

the right of reinstatement

The right of reinstatement allows the borrower (trustor) to make up the payments owed to the lender (beneficiary) to halt the default. These rights can be exercised up to 5 days before the sale.

173
Q

The federal right to cancel notice must be given to the borrower by the agent if:

  the loan is not secured by real property and more than $30,000 is being borrowed
  the money will be used for capital expansion
  industrial building is being used as collateral
  the borrower’s residency is being used as collateral (security) for the loan
A

the borrower’s residency is being used as collateral (security) for the loan

The laws do apply if the collateral or security is the borrower’s residency, no matter how much the loan is for.

174
Q

A developer needs a long term loan for $10,000,000 to develop a shopping plaza. Which of the following is the best place to get the funds?

  A commercial bank
  A local credit union
  Stock market funds
  A life insurance company
A

A life insurance company

Life insurance companies prefer making larger loans for real estate. They would rather loan better type properties and large, long term loans.

175
Q

How are interest rates determined for trust deed loans?

  supply and demand for money
  all of these
  money market rates
  the value of the dollar vs. other currencies
A

supply and demand for money

Interest rates fluctuate based upon supply and demand.

176
Q

When both the buyer and seller sign a real property conditional sales agreement, what effectively happens?

  legal title goes to the state
  the buyer receives the equitable title
  the seller retains the equity
  legal title passes to the buyer
A

the buyer receives the equitable title

When a conditional sales contract is signed, the buyer will get the equitable title to the property. The seller retains the title until the loan is satisfied.

177
Q

David sold Joan his home. They used a land contract and signed and recorded it. Joan made a $100 down payment and then made 6 more equal payments over the next few months. One day Joan picked up and left, never to return again. Of the following, which is true?

  David gets the property back
  There is a cloud on title
  David can resell the real property
  Nothing needs to be done. David can do whatever he wishes
A

There is a cloud on title

When land contracts are signed and recorded and the borrower (buyer) defaults, there is a cloud on title and it must be cleaned up before it is resold.

178
Q

A trustor defaults on their loan and does not reinstate the deed of trust. What is the quickest way for the beneficiary to handle this situation?

  Trustee sale
  Call the sheriff to evict the owner
  Judicial foreclosure
  Hold a lien sale
A

Trustee sale

A trustee sale is the best option for the beneficiary when a default on a trust deed has occurred.

179
Q

Of the following, which is the most challenging for the mortgage lender to calculate?

  the value of the property and if it’s worth lending on
  return on investment
  true cost of what the loan will cost
  the amount of risk the mortgage company will take on
A

the amount of risk the mortgage company will take on

It’s all about risk and how much risk the mortgage company is willing to take on. They look at factors such as past credit worthiness and reliability of the borrower to help determine the risk.

180
Q

Most junior loans that are negotiated today are secured from:

  hard money loans
  commercial banks
  institutional lenders
  private lenders
A

private lenders

Private lenders take second trust deeds and they supply most of the junior loans in today’s market.

181
Q

Of the following, which is the least likely to show as a debit on a buyer’s closing statement?

  Tax insurance proration of the premiums
  Discount points for a loan
  Interest on an assumed loan
  Tax proration
A

Interest on an assumed loan

Interest on real estate loans is paid in arrears and the interest due would be the responsibility of the seller on an assumed loan.

182
Q

In a deed of trust, the trustor (borrower) gives the trustee (third party) the ability and power to sell the property that was given as security for the note in the event that the trustor defaults on the payments to the lender. For a mortgage loan, which is true?

  An instrument is an exchange for real property
  An unsecured financial obligation is used to buy real property
  A loan is collateralized with real property
  An instrument is used for unsecured real property
A

A loan is collateralized with real property

A mortgage is a loan used by a borrower to purchase real property and the real property is used as collateral or security for the loan.

183
Q

When the amount paid on a real estate loan is less than the interest due, it is considered:

  positive amortization
  reduced cost of the loan
  reduced term of the loan
  negative amortization
A

negative amortization

By definition, “negative amortization” means the principal amount is increasing. If the payment doesn’t cover the amount of interest due, it gets added to the principal of the loan.