Texas Real Estate Finance Flashcards

(318 cards)

1
Q

Accrued Item

A

Expense the buyer will pay after closing that must be divided between buyer and seller

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2
Q

Basis

A

Basis (or cost basis) is the original cost of property, adjusted for factors such as depreciation. When property is sold, the taxpayer pays/(saves) taxes on a capital gain/(loss) that equals the amount realized on the sale minus the sold property’s basis.

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3
Q

Boot

A

In a 1031 exchange, any amount an investor gets for sale of his property that isn’t used to purchase another property is taxed normally

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4
Q

Capitalization Rate

A

Ratio of net operating income to present value. Used to estimate value of a commercial property

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5
Q

CRV (Certificate of Reasonable value

A

Appraisal conducted by VA approved appraiser

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6
Q

Constructive Notice

A

If a property is recorded in the public record, other parties are considered to have received constructive notice

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7
Q

Debt Service Ratio (back-end ratio)

A

Total housing expense and long term debt payment to gross monthly income

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8
Q

Deed of Trust

A

Security for promissory which conveys temporary (not full) title

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9
Q

Deficiency Judgment

A

Against borrower to repay remaining mortgage when the foreclosure and sale of property was not enough

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10
Q

Delayed Exchange

A

An exchange of property under Internal Revenue Code (IRC)
Section 1031 for the sake of tax deferral, where the exchanger sells the relinquished
property no more than 45 days before identifying, and 180 days before acquiring a replacement property or properties.

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11
Q

Discounted Cash Flow Analysis

A

Method of valuing RE by discounting predicted future cash flow to a net present value

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12
Q

Discount Rate

A

Interest rated charged by the Fed to its member banks when lending them money

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13
Q

Entitlement

A

Amount of loan the VA will lend

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14
Q

Federal Funds Rate

A

Interest rate banks lend money to each other

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15
Q

FOMC (Federal Open Market Committee)

A

Committee formed by Federal Reserve Board of Governors and 5 other members who are presidents of regional Federal Reserve banks in charge of buying and selling govt securities. Influence over interest rates

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16
Q

Float to Fixed Rate Loans

A

ARM converts to fixed rate

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17
Q

Forebearance

A

Lender’s choice not to foreclose

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18
Q

Funding Fee

A

VA

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19
Q

Graduated Payment Mortgage (GPM)

A

Negative amortization in early years

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20
Q

Growth Equity Mortgage (GEM)

A

Periodically increasing principal payments with fixed int rate.

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21
Q

Interest Rate Reduction Refinancing Loan

A

Guaranteed by VA

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22
Q

Internal Rate of Return

A

a metric used in capital budgeting to estimate the profitability of potential investments. Internal rate of return is a discount rate that makes the net present value (NPV) of all cash flows from a particular project equal to zero.

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23
Q

Modified Internal Rate of Return

A

Internal rate of return of an investment when both the finance rate and the reinvestment rate are considered

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24
Q

Moratorium

A

Lender suspends payments on principal or interest to help borrower avoid foreclosure

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25
Mortgage Credit Certificate
Allows mortgage interest tax credit
26
Order of Operations
A mathematical convention that states that the arithmetical operations are to be performed first inside parentheses, and then in the following order: exponentiation, multiplication, division, and addition or subtraction
27
PE Ratio
Dividends that a share in a company returns to investors per dollar of stock purchased
28
Recaptured Depreciation
Portion of seller's capital gains that is difference between property's original price and adjusted basis
29
Recasting
Change in loan terms (often moratorium)
30
Redemption
Borrower recovers property after being taken
31
Reserve Requirement
Percentage of bank's funds the Fed requires it to reserve in cash
32
Wraparound Mortgage
subordinate mortgage is created on a home that already has a mortgage at a lesser rate. The payments on the higherrate subordinate mortgage are used to pay off the existing mortgage, and the holder of the subordinate mortgage receives the difference as a profit
33
Portfolio Lenders
Don't sell on 2ndary market. More flexible.
34
Transfer of Servicing (loan service)
15 days notice and new servicer within 15 days of transfer. Cannot be charged late fee for 60 days
35
Force Placed Insurance
When loan servicer buys insurance on your behalf because you didn't
36
Interest only loans
If you think you will be better able to get a better interest rate next year
37
Real Estate Loans
You can borrow up to 75% against the value of your home between 10-20 years
38
Equipment Loans
Can borrow 60-80% the value of equipment
39
SAFE Act (Safe Mortgage Licensing Act)
Mortgage Loan Officers training, testing
40
Real Estate Cycles
Recovery Expansion Hyper supply Recession
41
2 largest contributors to inflation
Cost of healthcare and housing
42
Tax exemptions
Married couples exempt from capital gains tax up to $500,000 and single to $250,000
43
USDA Home Loan
zero down
44
Homestead Exemption
Texas $25,000
45
Senior Citizen Exemption
Texas $10,000
46
Federal Reserve
12 member banks President nominates 7 people to serve on the Board of Governors for 14-year terms Senate confirms nominations President appoints Chairman and Vice Chairman of the board from the 7 Board of Governors sets discount rate for banks
47
FOMC (Federal Open Market Committee)
12-members -- Fed forms proper part and the remaining 5 members are appointed from the 12 Federal Reserve Banks In charge of purchase and sale of government securities
48
The Volcker Rule
Restricts large banks from making speculative, high-risk investments with funds from their own accounts. Prohibits banks from engaging in proprietary trading or acquiring ownership interest in a hedge fund or private equity fund.
49
Financial Stability Oversight Council
9 members chaired by the Treasury Secretary
50
Primary Credit Rate
Fed lends to member banks for short term loans which is slightly above the short-term market interest rate
51
Office of the Comptroller of Currency
regulates all national banks etc.. President appoints the Comptroller to head the agency in 5-year terms Also director of the Federal Deposit Insurance Corporation and NeighborWorks America Bank examiners Paid by banks for examinations
52
SWIFT (Society for Worldwide Interbank | Financial Telecommunication)
``` Terrorist Finance Tracking Program (TFTP) Overseen by major central banks: Federal Reserve Bank of England European Central Bank Bank of Japan National Bank of Belgium ```
53
The regulations that comprise the Federal Reserve Act include which of the following?
``` Equal Credit Opportunity Act Fair Credit Reporting Act Truth in Lending Act Home Mortgage Disclosure Act Privacy of Consumer Financial Information Limitations on Interbank Liabilities ```
54
When the reserve requirement is low, it causes the demand for real estate to increase, raising prices and increasing the number of sales.
True
55
When the discount is raised, banks that must borrow money end up paying more for it. This makes financial institutions less willing to lend, as it costs them more money.
True
56
Open market operations consist of buying government securities, either from the U.S. Treasury or from other federal agencies, and selling them
True
57
In 1932, the Federal Home Loan Bank Act gave the savings and loan companies the authority to offer 20-year, fixed rate, fully amortized loans for the first time.
True
58
The Federal Reserve’s three instruments of monetary policy are open market operations, the discount rate, and reserve requirements.
True
59
FDIC
Independent agency of the U.S. federal government that preserves public confidence in the banking system by insuring deposits.
60
The Federal Home Loan Bank
Extends credit to financial institutions and created the Federal Home Loan Bank System.
61
FOMC (Federal Open Market Committee)
The top monetary policy making body for the Federal Reserve. They give authorzation to the manager of the System Open Market Account (SOMA) to implement US monetary policy
62
Office of the Comptroller of Currency
Ensures that national banks and federal savings associations operate in a safe and sound manner, provide fair access to financial services, treat customers fairly, and comply with applicable laws and regulations.
63
The Federal Deposit Insurance Corporation, FDIC
Insures deposits held in all FDIC-insured depository institutions, including national banks and federal savings associations. The permanent standard insurance amount is $250,000, per depositor,
64
HUD (created by US Housing Act 1937)
Mission is to increase home ownership, support community development, and increase access to affordable housing free from discrimination
65
HUD
HUD has a staff of administrative law judges to oversee cases it prosecutes involving violations of these acts
66
Truth in Lending Act (TILA)
Designed to promote the informed use of consumer credit, by requiring disclosures about its terms and cost to standardize the manner in which costs associated with borrowing are calculated and disclosed
67
Regulation Z
Most of the specific requirements imposed by TILA are found in Regulation Z
68
Consumer Financial Protection Bureau
TILA's general rule making authority was transferred to the Consumer Financial Protection Bureau (CFPB), whose authority was established pursuant to provisions enacted by the passage of the Dodd–Frank Wall Street Reform and Consumer Protection Act in July of 2010.
69
APR
Introduced by TILA
70
Consumer Credit Protection Act
is known as the Truth in Lending Act (TILA).
71
Regulation M
applies to | leased property
72
If creditor doesn't comply with TILA
``` 2 x the amount of the finance charged but not less than $200 or more than $2,000 In a class action not more than $500,000 or 1% of networth If willing doesn't comply, $5,000 and not more than 1 year in prison ```
73
RESPA
Within 3 days deliver booklet
74
RESPA
RESPA also requires that any time the closing agent refers a borrower to a firm with which the lender is affiliated, the lender must inform the borrower of the connection through an Affiliate Business Arrangement (AfBA) Disclosure stating the relationship and that the buyer need not use affiliated firms
75
RESPA Violations
Up to $10,000 and prison up to a year
76
Consumer Financial Protection Bureau (CFPB)
Know before you Owe | Regulated consumer financial products including mortgages
77
CFPB Penalties
$5,000 failure to follow the law $25,000 for gross negligence $1,000,000 for intentional violations
78
Volker Rule
Stops banks from owning hedge funds for their own profit
79
SAFE Mortgage Licensing Act
Licencing of mortgage loan originators
80
Administrative Procedure Act (APA)
Governs the way administrative agencies of the government may propose regulations
81
Max net capital gain tax rate is
20%
82
Limit on capital losses
$3,000 per year or $1,500 is married filing separately
83
Mortgage Assistance Relief Services (MARS)
Protects consumers from predators when they are in default on mortgage
84
CRA
Federal act blamed for causing lenders to make risky loans
85
TILA
causes lender to be clear and truthful in their advertising loan terms
86
HFA's Housing Finance Agencies
State entities goal of increasing housing opportunities for low income, etc. Rely on Mortgage Revenue Bonds Low Income Housing Credit HOME Investment Partnership Program
87
Texas Dept of Housing and Community Affairs | TDHCA
Helps Texas achieve improved quality of life through development of better communities Provides low interest financing, emergency food or shelter, rental subsidy, energy assistance, weatherization, economic development First time home buyer program (if you haven't owned in past 3 years)
88
Taxable Mortgage Program (TMT-79)
My First Texas Home | Competitive fixed interest loans with cost assistance up to 5%
89
MCC Program | Mortgage Credit Certificate
Tax credits for many years | 40% of annual interest paid on loan, but can't exceed $2,000 per year
90
Texas State Affordable Housing Corporation (TSAHC)
Every Texan deserves the opportunity to live in safe, decent and affordable housing Offer low, fixed-rate loans and down payment assistance
91
Housing Choice Vouchers
Rental Home
92
Non recourse loan
Lender has no recourse against anyone or anything other than the property.
93
Commercial Loans
5-20 years LTV -- lender calculates LTV by dividing the amount of the loan by the lesser of the property’s appraised value or purchase price
94
Debt Service Coverage Ratio
Calculated by dividing the NOI by the annual debt service | A DSCR of less than 1 indicates a negative cash flow
95
Defeasance
Substitution of collateral instead of paying cash to lender, treasury securities
96
Hard Money Loans
Flippers. Not based on buyer's credit worthiness but value of property itself (After Repair Value) Can be 10% points higher than conventional loan
97
Sweet 16 Ratios
Repayment, liquidity, solvency analysis
98
Top 5 commodities
Cattle, cotton, dairy, broilers, greenhouse/nursery
99
Spending less than 28% of your pretax income on housing is the first, most fundamental, rule for determining how much you can truly afford to spend
True
100
Which two of the following offer down payment and closing cost assistance to first time home buyers?
TDHCA and TSAHC
101
What is the TAR website that offers help to consumers regarding loans?
www.texasrealestate.com
102
Who created the Loan Estimate and the Loan Closing Disclosure forms?
CFPB
103
The Real Estate Settlement Procedures Act (RESPA)
Enacted in 1974 by the U.S. Department of Housing and Urban Development (HUD). RESPA is a consumer protection statute that aims to help educate consumers about closing and settlement services.
104
TILA
The Truth in Lending Act is designed to help consumers compare the costs of credit from different lenders with one another and to protect consumers from unfair and inaccurate credit practices.
105
In the fall of 2015, the initial Truth in Lending form and the Good Faith Estimate became one form called the
Loan Estimate
106
CFPB
The CFPB is responsible for regulating all consumer financial products including mortgages, jurisdiction over enforcement of the Truth in Lending (TIL) Laws and the Real Estate Settlement Procedures Act (RESPA), and the creation of the new "Know before You Buy" program.
107
Best Efforts Trade
Selling a single mortgage on secondary market. Smaller banks use this
108
Major Participants in Secondary Market
Mortgage Originator Aggregator Securities Dealers
109
Mortgage Originators
Make money through origination fees and the difference between interest rate given to borrower and premium a secondary market will pay for that interest rate
110
Aggregator
Large mortgage originators with ties to Wall Street firms and government-sponsored enterprises (GSEs). Purchase mortgages from smaller originators form pools and either securitize into private label mortgage-backed securities or form agency MBSs. Make profit by difference in price paid for mortgages and price for which they can sell
111
Securities Dealers
Buy MBSs -- trading desk.. Make a spread in the price at which they buy and sell
112
Investors
Foreign governments, pension funds, insurance companies, banks, hedge funds Get paid more on higher rate mortgages but low rates are more valuable since they are less likely to be paid off early
113
GSE (Government Sponsored Enterprises)
Largest investment portfolios of MBSs 90% Fannie -- FHA, VA, conventional and doesn't necessarily own the securities but exchanges guaranteed securities for the mortgages. Attractive because easily liquidated and are guaranteed Freddie Farmer Ginnie Financing Corporation (FICO) Federal Farm Credit Banks
114
Mortgage Servicing
Collecting payments, paying taxes and insurance and processing defaults -- These are sold too
115
Home Ready mortgage
Fannie. Provides lenders with more flexibility serving credit-worthy low income borrowers and areas hit by disaster
116
Ginnie Mae
Guarantee investors the timely payment of principal and interest on MBS backed by federally insured or guaranteed loans Largest issuer of mortgage-backed securities Only issuer of government guaranteed mortgage-backed securities
117
Farmer Mac
Secondary market for agricultural loans and not a lender
118
REMIC (Real Estate Mortgage Investment Conduits)
Assembles mortgages into pools and issues pass-through certificates, multiclass bonds, or other securities to investors in the secondary mortgage market
119
FHLB (Federal Home Loan Bank)
Provided secondary market funds to the savings and loan industry during the savings and loan crisis
120
Fannie Mae
Created to provide secondary market for FHA-insured loans
121
Freddie Mac
Created to provide secondary market for conventional loans
122
Ginnie Mae
Provide primary market loans for housing projects
123
Throughout the latter half of the 19th century, mortgage companies acted as conciliators between East Coast investors and frontier farmers who needed financing
True
124
Between 1931 and 1935, there were 250,000 foreclosures per year, and by 1935 20% percent of all homes were owned by lenders
True
125
The National Housing Act of 1934 created the Federal Housing Administration (FHA) and its government-backed insurance programs
True
126
REMICs
Real Estate Mortgage Investment Conduits (REMICs) are entities that pool mortgages and issues pass-through certificates in the secondary market.
127
REMICs
Real Estate Mortgage Investment Conduits (REMICs) are entities that pool mortgages and issues pass-through certificates in the secondary market.
128
Garn-St. Germain Depository Institutions Act was passed
In the 80's, Money Market accounts became popular because of higher interest rates, so investors pulled money out of savings accounts. In 1982, S&L banks asked Congress to remove low interest rate restrictions. Allowed S&Ls to raise interest rates on savings deposits. In addition, the banks were no longer restricted to mortgages, but were allowed to make commercial and consumer loans. Removed restrictions on LTV By 1982-1985 S&Ls grew significantly but in 1983, 35% weren't profitable
129
Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA).
1989 Bail-out of S&Ls
130
QTL (Qualified Thrift Lender) Test
At least 70 percent of an S&Ls assets must be housing-related (for example, home mortgages, home equity loans and mortgage-backed securities) for it to meet the QTL test
131
Commercial Bank Regulations
 The Glass-Steagall Act was passed in 1933  The Gramm–Leach–Bliley Act was passed in 1999  The Dodd-Frank Act was passed in 2010
132
Prior to the 1980s most mortgage loans for homes were made by
Savings and Loans
133
What is responsible for regulating, supervising and insuring S&Ls
FIRREA
134
The Act that was passed in 2010 and is intended to decrease various risks in the U.S. financial system was the
Dodd-Frank Act
135
The largest share of life insurer assets is comprised of
Corporate bonds
136
Life insurance companies' 3 biggest holdings
Stocks Bonds Real Estate
137
If a debt-ratio problem is preventing a senior from getting a new, low-interest-rate mortgage and they’ve got substantial untapped retirement funds, that might help qualify them on income
Freddie Mac's “little known” policy revision now allows seniors and others to use certain retirement account balances to supplement their incomes for underwriting purposes—without actually tapping those balances or drawing down cash
138
Many people do not realize that it is perfectly legal to use money in a selfdirected IRA to invest in real estate. You can buy a home to flip quickly for a profit, a rental unit to bring in a steady flow of income, or even a commercial property. As long as the profit you make goes back into the IRA account, you do not have to pay capital gains tax on the amount until you take the money out of the IRA for your retirement, ideally years in the future.
True
139
Where are reserve deposits for banks kept?
Bank Vault | The Federal Reserve
140
Why do banks keep reserves?
Required by Fed Prepare for large withdrawals Prepare for run on bank
141
A legal investment for money in an IRA account is?
Real estate
142
Before moving their IRA money to real estate, consumers are advised to meet with a
Tax professional
143
What are the largest source of investment funds in the United States?
Commercial banks
144
AAA rated life insurance companies prefer to invest in
Commercial multi-family real estate
145
3 types of REITs
Equity -- hold income producing properties Mortgage -- extend credit to real estate owners Hybrid 5 or fewer people cannot own more than 50% Some say someone can't own more than 9.8%
146
REIT
At least 75% of the annual gross income must be from RE related income An additional 20% income must be from other sources (interest) No more than 5% from non-qualifying sources like service fees
147
REMT (Real Estate Mortgage Trust)
REIT that buys and sells real estate mortgages instead of real property
148
PE Ratio
Stock price $144/share and dividend is $12 -- 144/12=12 Below 16 is low = solid earnings in near future (established companies) Above 18 high = rapidly expanding sectors and may indicate fast growth and high future yields but risky
149
2 types of Mortgage Back Securities
Pass-throughs -- trusts where mortgage payments are passed through to investors and maturities of 5, 15 and 30 years Collateralized Mortgage Obligations (CMOs) -- multiple pools of securities (slices or traunches). Traunches given credit ratings
150
RE Bonds
Bond secured by mortgage or pool of. Mortgage interest rates pay yield on bond
151
Foreign Lenders and Homebuyers
Buyer -- 30% of value of home as down
152
Easement Appurtenant
Benefits one parcel of land (dominent vs. servient) and runs with the land
153
Easement in Gross
Benefits a person or entity. Utility company gas pipeline. When property sold, utility company has to get consent from new owner
154
Express Easement
Written agreement between owners
155
Implied Easement
When property is divided
156
Prescriptive Easement
If someone has used an easement for a number of years (5-30)-- like squatting
157
Easement Termination
Express Agreement Abandonment -- no use Merger -- two properties merge By Necessity -- no need anymore
158
In a commercial triple net lease the who pays all of the expenses
Tenant
159
How do you get homestead exemption for property tax
File for the exemption at the property tax office
160
Recording a deed provides _______ of the conveyance of the property
Constructive notice
161
Mortgage documents are used in title theory states and Deeds of Trust are used in Lien Theory States
True
162
Deed of Trust
3 party instrument (mortgagee, mortgager, trustee who holds the deed of trust)
163
Contract for Deed
Seller keep title and pays the original mortgage
164
40 or 48 Rule in Property Code
In Contract for Deed, If buyer has paid in 40% or more of purchase price or equivalent of 48 monthly payments, a 60-day notice is required and foreclosure (not eviction) used to regain title
165
Mortgage Subordination Agreement
When 2 mortgage on a home and owner is refinancing. It says which mortgage takes precedence
166
Wraparound Mortgage
are not issued by a lender but rather by the seller. Seller lends money to buyer which buyer pays back
167
The clause in the mortgage documents that say the property cannot be sold unless the loan is paid in full is the _______ clause.
Alienation and Due on Sale
168
Using real estate property as collateral for a loan is called
Hypothecation
169
A Texas homeowner has a right of redemption
Before the foreclosure sale | After the note has been accelerated
170
In various documents the buyer is known as
Mortgagor Trustor Grantee
171
Executory contracts in Texas include:
Leases with option to buy Contracts for deed Lease purchases
172
The Fannie Mae Deed of Trust says the borrower must occupy the property for at least
1 year
173
The Fannie Mae Deed of Trust say that in the case of an insurance loss the lender has the right to
Hold the funds until the repairs are complete and inspected
174
The power of sale in the deed of trust gives the lender the right to
Conduct a non-judicial foreclosure
175
Defeasance Clause
The clause in a mortgage document that promises title will be transferred to the borrower when all the payments are paid
176
Liens and Easements are
Encroachments
177
The right of the lender to sell a property at a foreclosure auction without going to court to get permission is given in the ______ clause in the Deed of Trust
Power of Sale
178
In the deed the buyer is called the
Grantee
179
Anything that affects the title to the property negatively is an encumbrance
That | includes easements, encroachments, liens, leases and more.
180
Executory contracts are heavily regulated under Chapter 5 of the Texas Property Code.
True
181
It is not permissible to simply evict a buyer under an executory contract if there is a default.
True
182
Contracts for deed, lease-purchases, and lease-options for longer than 180 days are defined as executory contracts
True
183
Signature Loan
No collateral and backed only by signature
184
Rising interest rates cause
Falling property values
185
Included in lender's APR calculation
``` Application fee Discount points Document prep fees Origination fee PMI Process fee Underwriting fee ```
186
Not included in lender's APR calculation
``` Appraisal fee Attorneys' fees Credit report fee Home inspection fee Notary fees Pest inspection fee Recording fee Title insurance ```
187
Interest in excess of $1 million is not deductible
True | If you bought a $1.5 million home, the first million would be deductible
188
RESPA sets limits on amount of money a lender is allowed to keep in an escrow account
12 months + another 2 months or 1/6 of the annual payments
189
Real estate taxes
are deductible. Special assessments are not
190
Mortgage Interest Tax Credit Must get a Mortgage Credit Certificate before obtaining a mortgage
1st time home buyers with Annual income less than $30,000 = 20% of mortgage interest payments 10% if over $30,000. The remaining 80% can be deductible and any unused portion can be carried forward for up to 3 years
191
First time home buyer
Anyone who has not owned a property for 3 years
192
ARM Lookback Period
Number of days before the adjustment period that the last published rate for the index becomes the index rate for that period.
193
Margin
1,000 basis points = a rate of 1%
194
80-10-10 Mortgage
2 loans (one small and one large) No PMI. Less monthly payment, but can't deduct as much interest
195
Graduated Payment Mortgage
Low initial payments that increase over time and then are fixed. Some are Negative Amortization
196
Growth Equity Mortgage
Much like Graduated but no negative amortization
197
Balloon Mortgage
.25 - .5 %less interest | Great for those who are going to sell their home in 5-7 years
198
Fannie Mae Balloon
7 years with conversion option to a 23-year mortgage Also called 7/23 For single homes, second homes, condos and investment property
199
Freddie Mac Balloon
5 and 7 year (which is underwritten for A-minus credit)
200
Wraparound Mortgage
Agents cannot write an offer for a wraparound.
201
Home Equity Loan
80% of value of property
202
Open End Mortgage
Great for people who want to buy new furniture or appliances
203
Construction Mortgage
Funds paid in installments/draws as construction progresses.75% of property value.
204
Sale Leaseback
Great for investor who wants to use the money to buy another property
205
PMI
$30-70 per month for every $100,000 borrowed Cancelled when loan balance is 78% or original value but if you buy down your mortgage to 80%, you can ask for it to be removed If you can show you have 20% equity, you don't need mortgage insurance You can do a piggyback loan to get up to 20% down payment to avoid paying PMI
206
Refinancing costs
$2800-4,000
207
A conforming conventional loan conforms to
Fannie Mae/Freddie Mac rules*
208
What is the loan limit for a conforming loan
$417,000
209
A type of mortgage that is sometimes used by developers, covers several pieces of property, and has release clauses so that properties can be released as portions of the loan are paid is a
Blanket mortgage
210
Participation Loans
Multiple lenders to single borrower for a large loan
211
Buyer Rebates
Anything that causes money to back to buyer at or after closing without the knowledge of lender -- ILLEGAL
212
Interest plus other finance charges is the
APR
213
In Equity Participation Mortgage the lender receives a portion of the income from the property during ownership
True
214
An equity participation mortgage is a mortgage loan in which the lender has a partial equity interest in the property.
True
215
FHA LDP List (Limited Denial of Participation)
suspended or disqualified borrowers who defaulted on an FHA loan or fraud
216
GSA -- Government Services Administration Pro/Non Pro List
Lenders are required to check this list
217
Lenders can be approved by FHA to underwrite loans
HUD 71101 application and $1,100. FHA lenders save borrowers 10-14 days in processing
218
CAIVRS (Credit Alert Interactive Voice Response System)
``` FHA lenders can credit check for: No cases A claim Default Foreclosure DOJ judgment Multiple cases ```
219
PEI (Private Initiative Grants)
Help nonprofit fair housing organizations to prevent discrimination
220
EOI (Education and Outreach Initiative Grants)
HUD awards to groups educating public and housing providers about rights and responsibilities
221
FHOI (Fair Housing Organization Initiative Grants)
HUD awarded to help build nonprofit fair housing organizations
222
FHA Title 1
Home Improvement Loan $25,000 No equity required Multi-Family = $12,000/Family unit not to exceed $60,000
223
FHA Title XI (Section 202)
Helps elderly with interest-free federal capital
224
FHA 203b
Most used FHA loan | Interest rates are negotiated between borrower and lender
225
FHA Loan Requirements
``` 3.5% down Income Ratio 29% - 35% Debt Ratio 41% MIP for 78% LTV Credit Score 2 years employment 2 years income BKs at least 2 years old Foreclosures 3 years Upfront MIP fee 1.75% 1.35 Loan limits ```
226
1-Year Treasury Constant Maturities Index
Used for determining interest rate changes
227
FICO
Fair Issac Company
228
VA Loans
up to $729,000
229
IRRRL (Interest Rate Reduction Refinancing Loan)
VA refinance
230
VA Funding Fee
Don't have to pay if you have on duty disability or surviving spouse of veteran who died on active duty
231
Anyone can assume a VA loan
True and no qualifying | .5% funding fee
232
TLB (Texas Veterans Land Board)
Zero down Up to $125,000 for land 5% down
233
VLB (Veterans Land Board) Home Improvement loan
3.86% discounted to 3.36% $50,000 for 20-year $10,000 for 10-year
234
USDA Loans
Zero down Mortgage Insurance 2% Annual MIP .40%
235
Which of the following are not included on the HUD LDP list concerning FHA loans?
Qualified
236
The money to originate an FHA loan comes from the _______.
Lender
237
Which FHA program allows the buyer to finance the purchase and restore the property all is one loan with one monthly payment?
203K
238
FHA requires the house payment not to exceed _______% of the total gross monthly income.
29%
239
FHA wants the total monthly, long term, debt not to exceed _______% of the total gross monthly income.
41
240
FHA loans made prior to _______ can be assumed without FHA approval
Dec 1, 1986
241
Why did old FHA loans not have to be approved to be assumed?
The Deed of Trust did not provide a requirement for FHA to approve assumptions until a 1986.*
242
FHA has existed since 1934. During that time, they have insured about $_______ home mortgages in the USA.
34 million
243
How long after a bankruptcy has been discharged does a person need to wait to get an FHA loan?
2 years
244
How long after a mortgage foreclosure does a person need to wait to get an FHA loan?
3 years
245
When the FHA loan makes it through underwriting it can be
Approved, suspended, denied
246
The seller can pay up to _______% of buyer’s closing cost, all prepaid and discount or origination fees on an FHA loan.
6
247
What percentage of living veterans has used their VA benefits?
10%
248
How are VLB programs paid for?
Self funded
249
Eligible for VLB loan
An active duty military member A member of the Texas National Guard A surviving spouse of a Veteran listed as missing in action or whose death was service connected
250
Other FHA programs include loans for condominiums, adjustable rate mortgages and graduated equity mortgages.
True
251
A vet must have received a hardship or early-out discharge (USC 1173 and 1171, respectively) after completing
181 days
252
An unmarried partner who is a co-borrower with a veteran may not have her or his portion of the loan amount guaranteed by the VA.
True
253
FHA program for purchase of condo
The FHA has the 234(c) program for the purchase of a condominium if the building is FHA approved and at least 51% owner occupied.
254
The FHA has the 234(c) program for the purchase of a condominium if the building is FHA approved and at least 51% owner occupied.
True
255
Debt Service Ratio
PITI+all long term debts/gross income
256
Fannie Mae Underwriting
Desktop Underwriter
257
Freddie Mac's Loan Prospector
BK -- 7 years
258
Good Faith Estimate and Truth-in-Lending
within 3 days after loan application
259
3 types of surveys
Geodetic Cadastral Topographic
260
Paid By Seller
Transfer Tax Brokers' commission Title expenses Recording Expenses
261
Paid by either party or both, by agreement
Attorney Fees
262
Paid by Buyer
Tax and Insurance Reserves Appraisal Fees Survey Fees
263
Paid by Both
Loan Fees
264
Lender closing costs can include appraisal fees, assumption fees, underwriting fees, discount points, origination fees, and flood certification fees
True
265
If a borrower is self-employed, the underwriter verifies income with two years income tax returns.
True
266
Equitable redemption is derived from common law
True
267
There is no statutory redemption in Texas
True
268
Equitable redemption allows payment.
True
269
Statutory Exemption
Allows debtors to redeem a property after a foreclosure sale
270
Occurs before the sale (auction) of a property
Equitable Redemption
271
Non-judicial foreclosures are also known as
Strict foreclosures
272
Non-judicial foreclosures are also known a
True
273
Equitable redemption occurs before the sale (auction) of a property. It allows defaulting debtors to pay the defaulted portion of the debt (as well as costs the lender incurred) in order to reinstate the loan and prevent a foreclosure sale.
True
274
What is the length of service for a member of the Real Estate Broker Law Committee?
6 years
275
When a member reaches their term limit or leaves early, who appoints a successor?
The person who appointed the other
276
To become accredited, real estate educational institutions need to post a bond in the amount of:
$20,000 payable to TREC
277
Accreditation for a continuing education institution is:
2 years
278
Accreditation for a continuing education institution is:
13
279
Who appoints the lawyers who are part of the Texas Real Estate Broker Lawyer Committee?
State Bar of Texas
280
Who appoints the public member of the Texas Real Estate Broker Lawyer Committee?
The governor
281
Who appoints the 6 brokers on the Texas Real Estate Broker Lawyer Committee
TREC
282
If a license goes out-of-effect, how soon must the licensee be reactivated before the entire education requirement begins again?
2 years
283
If a Colorado broker is licensed in the State of Texas as well, what happens if he/she has to meet a court awarded judgment payable to a Texas client?
He/she must make full payment within 20 days or lose his/her Texas license
284
If the Commission denies a license to an applicant, they must give cause. The individual can appeal at a hearing set by the Commission. What is the requirement regarding days notice to appeal and for the hearing?
10 days to appeal and 10 days notice for the hearing
285
An applicant taking the exam must be notified no later than how long regarding the results of the test?
30 days
286
When a salesperson renews for the first time he/she must successfully complete at least how many semester hours of post-secondary education?
14 semester hours or 210 clock hours
287
When a salesperson renews for the first time he/she must complete how many additional hours of core real estate courses?
4 semester hours or 60 clock hours
288
Currently, licensees that have completed 3 renewals only have to meet how many hours of continuing education courses?
15
289
If a certificate holder moves their place of business they must notify the Commission by:
10th day
290
If the buyer or seller decides to go to litigation (sue) rather than mediation, who pays the legal costs?
the party who loses
291
If the buyer backs out of a transaction, the earnest money:
is used to pay escrow costs first
292
Seller's disclosure of lead-based paint requires the broker to keep a copy of the form for:
3 years
293
The State of Texas gives the buyer 14 days to terminate once learning of lead-paint within the subject's residence.
true
294
Which of the following statements is correct regarding real estate brokering?
in an exclusive agency listing, a seller may sell without being liable for paying a commission
295
Water rights to property are considered which of the following?
Real property
296
Which of the following would transfer ownership with a bill of sale
a mobile home located at a mobile home park
297
A life tenant is a person who has:
a freehold estate
298
A freehold estate may be
a lifetime lease | a fee simple estate
299
Which of the following is a less than absolute fee simple estate?
property that has an easement on it property held under a lease real estate minus the mineral, oil, and gas rights
300
A form of co-ownership with an undivided interest and no right of survivorship is:
tenancy in common
301
If two purchasers, who are husband and wife, state on the deed that they wish title at 100% for each, the title would be conveyed to them as:
Tenants by entirety
302
Right of survivorship is a feature of:
Joint tenancy
303
If title to real property is held by tenants in common, all tenants have:
an interest in the land, but no specific part of the land
304
When the county places a lien on property where the property tax has not been paid, the lien only affects that specific parcel of property. This is why it called a:
Special lien
305
The right to limited use, but not to the possession of someone else's real property is:
An easement
306
An item that "belongs to" and passes with the title of the real property is:
an appurtenance
307
Which of the following statements about an appurtenant easement is correct?
It is an interest in land capable of transfer. Runs with the land
308
When a party owns landlocked property and requires access over the land of an adjacent owner to reach his/her property he/she would likely be entitled to:
Easement by necessity
309
How are private property restrictions enforced?
by a court injunction
310
Life insurance company debt investments are mainly placed upon:
large commercial and apartment loans
311
A mortgage banker is like a mortgage broker. They broker bank mortgage around the financial community. They do not use their own money, but are simply a secondary market for convention lender mortgages.
True
312
When a contractor wants to build a spec home, the construction financing is usually designed as:
a holding agreement
313
Which of the following parties would normally pay the loan origination fee on an FHA loan?
Seller
314
Under Title II of the the Federal National Mortgage Association (FNMA) the primary purpose is to:
buy Title II loans to keep the market liquid
315
Which type of interest is usually charged when financing a house?
Simple annual
316
A buyer taking title "subject to" a mortgage the buyer is not assuming should request a:
reduction certificate
317
A mortgage may properly be regarded as a:
Specific Lien and Contractual Lien
318
Under a lawsuit, a court order to sell property in order to satisfy a judgment by the court is called:
Writ of Execution