ch 16-18 Flashcards
(92 cards)
what is a primary mortgage market and secondary mortgage market
lenders who lend money directly to borrowers (primary mortgage market)
Loans originated in the primary mortgage market can be bought sold or traded in the secondary mortgage market.
Primary lenders sell their notes to generate more money to make more loans
Ginnie Mae?
Govt national mortgage association (GNMA)- a govt agency
It is a division within the dept of housing and urban development (HUD). Its basic mission when it was established in 1968 was to create and operate a mortgage-backed security program for the federal housing administration and veterans administration mortgages
Fannie Mae?
Govt national mortgage association (GNMA)- a govt agency
It is a division within the dept of housing and urban development (HUD). Its basic mission when it was established in 1968 was to create and operate a mortgage-backed security program for the federal housing administration and veterans administration mortgages
Jumbo Loan
a loan that exceeds the conforming loan limits set by Fannie Mae and Freddie Mac
what is Freddie Mac
federal home loan mortgage corporation (FHLMC) a quasi govt agency.
Freddie Mac was chartered by Congress in 1970 to keep money flowing to mortgage lenders in support of homeownership and rental housing. Our statutory mission is to provide liquidity, stability and affordability to the U.S. housing market.
Freddie Mac does not make loans directly to homebuyers. Our primary business is to purchase loans from lenders to replenish their supply of funds so that they can make more mortgage loans to other borrowers.
What is the truth in lending act, title 1 of the consumer credit protection act, implemented by regulation z
this law requires lenders to disclose to buyers the true cost of obtaining credit, so that borrowers can compare the costs of various lenders
what happens if licensees violate advertising requirements of regulation z
penalty for violation is twice the amount of the finance charge or a minimum of $100, up to a max of $1000
lenders base their decisions about whether or not to grant a loan on the following criteria
The economy
The investment quality
The borrower;s ability to repay the loan
In order to lessen the risk, lenders need to determine the value of the property as collateral in the event that something unforeseen happens with the borrowers. It is important for the lender to determine the market value of a particular piece of property at any given point in time. Each piece of property must be inspected and appraised carefully to get a proper estimate of its market value
what is the right to rescind
borrower has right to cancel the transaction by notifying the lender with in 3 days. Does not apply to residential first mortgage loan
what is a fully modified pass through security
a mortgage backed security, security holder receives payment of both principal and interest
what is loan to value ratio (LTV)
is the ratio of the mortgage principal to the value of the property the borrowers are purchasing. Lenders use LTVs to determine the max amt of their loans
how to qualify for a mortgage loan
qualify using qualifying standards or loan underwriting standards.
Income, debt, cash, and net worth (incase lose job), and sufficient creditworthiness
what is predatory lending
typically prey on elderly/ low educated/ immigrants
Basing an unaffordable loan on the applicant’s assets rather than his or her ability to repay the loan
Encouraging a borrower to refinance a loan so that the lender can charge high points and fees for the new loan. This is called loan flipping. Sometimes the borrower also pays a higher interest rate than with the original loan.
Using fraud or deception to hide the true obligations of the loan from the borrower
Actions against predatory lending
NY anti-predatory lending law puts considerable restrictions on high-cost sub-prime loans that are either first or second mortgages.
A borrower can bring affirmative action for predatory lending practices against a lender or mortgage broker within six years from the date of the loan origination. If the borrower proves that the lender or broker violated the law, the borrower is entitled to actual damages, attorney fees, and statutory damages.
what is underwriting
evaluation process used to determine the borrower’s ability to repay a loan and estimate the value of the property being used as collateral
what is stable income
permanent employment
Self-employment under certain conditions
Employment that has generated a regular income for atleast 1/2 years, also bonuses and commission
Secondary source income such as rental income or investments
what is a deed restriction
individual owners have the right to put private controls on their own property. Or can put private subdivision regulations that affect the entire subdivision
what are restrictive covenants
they are limitations places on the use of land by the developer of a residential subdivision. Restrictions must be reasonable and they must benefit all property owners alike
what is an injunction
property owner can enforce the covenants by taking court action as known as an injunction. It prevents the owner or owners from using a property in a way that is contrary to the recorded restrictions
what is doctrine of laches
states if a property owner is lax in protecting his or her rights, the property owner may lose those rights
what is the NYS enviormental quality review act (SEQR)
requires all state and local govt agencies to assess the environment significance f all actions they have discretion to approve, fund, or directly undertake
what is an enviormental impact statement (EIS)
if an action is determined to have possible significant adverse environmental impacts, this is required. The agency that oversees a project and makes the final decisions is called the lead agency
what is police power
gives a government entity the ability to fulfill its responsibility to provide for the health, safety and welfare of the public
what is the interstate land sales full disclosure act
it is a fed law that regulates the interstate (across state lines) sales of unimproved lots. The purpose of this act is to prevent fraud in marketing land that can be sold sight unseen. Developers must file a statement of record with HUD before they can offer any unimproved lots for sale by telephone or through the mail. Developers must also provide a buyer or lessee with a printed property report, which gives specific info about the property, BEFORE the buyer or lessee signs a purchase contract or lease