Chapter 7 Vocab Flashcards
(27 cards)
Acceleration
when the entire loan balance is due immediately. This is usually because of default or sale of the secured property.
Alienation clause
limit the debtors rights to transfer the property without the creditors permision
Beneficiary
The person entitled to a payment on a loan secured by a deed of trust
Deed of Reconveyance
once the loan is paid of the title to the property is given to the borrower
Deed of trust
instrument that makes real propertyy the security for a loan. unlike a mortgage it may be foreclosed on non nonjudicially.
Deficiency judgment
court order telling to debtor to pay the difference between the amount of debt and the proceeds raised by foreclosure and sale of property
Due on sale clause
AKA Alienation clause
Means the lender can accelerate the loan if the property is sold.
Grantor / Trustor
A person who transfers real property
judicial foreclosure
a court supervised foreclosure
Land Contract
-seller contains legal title until the borrower pays off the entire contract.
lien theory states
borrower take out a trust on the property and holds title. the deed of trust create a lean against the property in favor of the lender
Maker
a person who signs a promissory note
Mortgage
- the property is pledge as a security for a debt, creating a lien on the property
- must be foreclosed on judicially
Mortgagee
the one who receives the mortgage payment
-the lender
Mortgagor
the person who pays the mortgage
-the borrower
Negotiable Instruments
promissory notes that are freely transferable
notice of sale
a record stating the
- time
- place
- property description
- type of sale
payee
the party who receives the mortgage
promissory note
written evidence of debt
security instrument
mortgages and trust deeds
-pledge assets as securities for debt
sheriffs sale
- Public auction
- At court house door
- Anyone can bid
subordination clase
instrument in which it is contained will become junior to other veins placed on the property later on
title theory state
-borrower does not hold title during the loan term.
trust deed
security device used to finance real estate