Unit 10 - Mortgages Flashcards
(24 cards)
Mortgage
pledging of real property to a creditor as security for a loan; security for the debt
Origin of mortgages
1066 in England’s feudal system
Dominion Housing Act 1935
First national housing legislation
Job creation measure for construction of residential housing by increasing ease of first mortgages
government provided 20% lending value
standard amortization plan
National housing Act 1938
replaced dominion housing act
promote new home construction and upgrade existing ones
fed govt loan was capped 25%
NHA 1944 amendment
due to WWII, max mortgage term 20 years; prepayment after 3 years with 3 month interest fee to lender
CMHC 1946
established as crown corporation
mtg term changed to 25 years
changed loan-to-value formula
new method for interest
NHA changes 1954
increase supply of mortgage money
govt insured loans instead
allowed banks to lend money
established resale market from investors
Bank Act 1960
eliminate 6% interest cap
permitted banks to invest in diff mtg types
Inflation 1970s
Oil prices driven
rates increased
partial amortization loans
could grant mtgs 75% higher than property’s value
Partially amortized mortgages
periodic payments with longer amortization; when mature, balance either paid or renewed at new interest rate
1980s
interest rates for mtgs record highs
introduced mortgage backed securities
mortgage backed securities
direct invest. insured through CMHC sold to investors who receive payments; comparable to govt bonds
2006-2009
US housing market crash
sub-prime mtgs
amortization 40 years, no dp; CMHC amort 35 years
5% dp
min credit score of 600
High ratio mortgage
Loan amount exceeds 80% of property value
2010s
Protective measures:
had to qualify for 5 yr fixed rate mtg
limit refinancing to 90% of value
20% down
Jan 2011:
amortization down to 30 years for more than 80%
refinance 85% from 90
no govt insurance backing on LOCs
Jul 2012:
max amort 25 years; less interest
refinance 80%
GDS at 39% DSR 44%
$1 million+ can’t get insured
Jan 2018:
20% down stricter qualifying criteria (stress test)
(<20% was since 2017)
Mortgage fraud
misstatement, misrep, omission to fund, purchase, or insure a mortgage loan
CSIS: deliberate; false
Fraud for housing & profit
(housing - larger mtg than qualify for; profit - organized crime)
Impacts of mtg fraud
Increased demand on law enforcement; courts, prisons, health services, higher taxes
What to watch for in fraudulent situations
Refuse to provide photos; different name variations on documents; under-qualified to buy property; swearing false affidavit; inconsistent conversations or behaviours; straw buyers and property flips;
Mortgage assumption
When both fraudsters involved as buyer or seller
Law of Property Act 2004
Include personal covenant to other mtg insurers to cover potential loss
Red flags of mtg fraud
Identity
Value of property
unusual transaction
conduct of RE prof.
operation of brokerage
appraisal agreement issues
other issues
Key concepts mtg fraud
Seek accomplices
Use technology
Any real estate market
Any property type
Adapt
More likely in rising market
non occupancy
mtg assumption
seller financing
title fraud
equity access
vendor cash-back
redevelop
property flip
contract kiting
secret second
straw buyer
inflated appraisal
Declining market schemes
seller financing
bankruptcy fraud
debts/foreclosure
inflated appraisal
vendor cash-back
contract kiting