UNIT 20 FINANCING THE R.E. TRANSACTION Flashcards

1
Q

UNIT 12 IS A COMPANION TO THIS UNIT**
-YIELD
-RISK
(PG 415 UNIT 20)

A

-YIELD the return or income that can be
generated
-RISK the likelihood that the investment will
lose money

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2
Q

Linders consider the cost of them acquiring the money and the borrowers credit worthiness.
– In addition to the credit worthiness of the borrower the interest rate that the lender charges the borrower depends on four factors:

A

-TERM OF THE LOAN if the money will be
repaid in a shorter time, lenders usually
charge a lower interest-rate for example 15 years
instead of 30 years

– TYPE OF MORTGAGE LOAN lenders often offer
lower initial interest rates if the borrower agrees to
assume some of the risk of future interest rate
hikes. Many adjustable rate mortgages ARM’s
have low interest rates for the first few years,
especially when compared to fixed rate
amatorized loans

  • LOAN AMOUNT jumbo loans = greater risk
    because so much money is secured only by only
    one property
    – the secondary market sets upper limits for the loan
    it will buy, investors must retain the loans
    exceeding this amount. In other words lenders
    cannot easily recycle their money

-LENDERS COST OF MONEY lenders borrow the
money that they loan
– the interest-rate they pay fluctuate with market
conditions
– the Federal Reserves indirectly regulates the flow
of money and interest rates
– by increasing reserve requirements, the Federal
Reserve in effect limits the amount of money that
member banks can use to make loans

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3
Q

Most real estate licensees encourage their
buyer clients to meet with a lender (WHEN)
– based on preliminary credit application,
perspective buyers can obtain a ________ ________
– although preapprovals typically contain certain
conditions and time frames they do represent
preliminary commitments and eliminate many of
the unknown
– PREQUALIFICATION is the process by which the
lender determines the _____ ____ limit the borrower
(PG 416 UNIT 20)

A

-meet with a lender BEFORE looking at
properties
-perspective buyers can obtain a LOAN
PREAPPROVAL
– PREQUALIFICATION is the process by which the
lender determines the UPPER LOAN limit the
borrower take out.

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4
Q

CREDIT SCORES (PG 416 UNIT 20)
-One of the most important factors when
applying for a loan is a credit score
– five major factors are analyzed:

A
-fast payment performance 
– credit use 
– credit history 
– types of credit in use 
– credit report inquiries
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5
Q

CREDIT SCORES (PG 416 UNIT 20)

  • UNIT 12 IS A COMPANION TO THIS UNIT***
  • Scores range from:
  • Credit scores affact what?
A

-Scores range from less than 400,up to 900
- the higher the score to lower the risk and
vice versa
- Credit scores can affect a potential buyers ability to
- get a loan,
- the interest rate a lender will charge
- can even influence the cost of homeowners
insurance

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6
Q

FAIR AND ACCURATE CREDIT TRANSACTION ACT (FACTA)
(PG 416 UNIT 20)
WHAT DOES FACTA REQUIRE

A

-FACTA equires that each of the three major
credit bureaus provides a free credit report
every 12 months upon request
-A toll-free number to assist consumers, correct
mistakes and remove disputed information from
their files unless the creditor verifies that the
information is correct

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7
Q

FAIR AND ACCURATE CREDIT TRANSACTION ACT (FACTA)
(PG 416 UNIT 20)
-By reviewing reports annually, consumers can monitor the reports accuracy and also spot _______
- TRUE/FALSE Credit scores are provided in the free
credit reports
-TRUE/FALSE consumers can not improve their credit scores before they make a loan applications and before looking at a property, this can only be done by a loan officer

A

-consumers can also spot IDENTITY THEFT
-FALSE: Credit scores ARE NOT provided in
the free credit reports, scores are available
from the credit bureau‘s for a SMALL FEE
The credit scores can give consumers a FAIRLY
GOOD IDEA of how they will be LOOKED AT by a
potential lender
– FALSE: CONSUMERS CAN improve their credit
scores before they make a loan applications and
before looking at a property (this is why they need
to get a credit score on their own, so that they can
work on fixing it themselves before they put in a
loan application)

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8
Q

LOAN APPLICATION (PG 416 UNIT 20)

  • LOAN APPLICANTS are required to supply personal information about their_____ (4 THINGS)
  • The lender will order an _________to assure that the collateral for the loan is sufficient
  • The appraisal includes a legal description and information about?
A

APPLICANTS PERSONAL INFORMATION ABOUT THEIR
– employment
– income
– assets such as bank account information
– other financial obligations
-The lender orders and APPRAISAL to in sure that
the collateral for the loan is sufficient
-The appraisal includes a legal description and
information about
– improvements
– title
- encumbrances
– taxes

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9
Q

THE LOAN (PG 417 UNIT 20)
-Underwriting is a process of ANALYZING THE EXTENT of the risk a lender will assume in connection with the mortgage loan
– the lender assesses the value of collateral being pledge for the loan, and evaluates the capacity and credit worthiness of the borrow based on the following criteria:

A
  • OCCUPANCY Lenders reserve best rates for
    owners who occupy the property
    -INCOME Lenders figure out if the borrowers
    have enough income to support themselves and
    pay for normal household expenses while making
    a mortgage payment
    -ASSETS AND CASH RESERVES Lenders look at
    bank accounts, often asking for verification
    of funds. Borrowers must be able to account for
    the money in the account as BEING THEIRS and
    not from someone else EXPECTING REPAYMENT
  • DEBT lenders prefer that housing payments (PITI)
    and association fees be LESS THAN 28% of
    GROSS INCOME and, when combined with other
    debts LONGER THAN 10 MONTHS, LESS THAN
    36% of gross income
  • LOAN TO VALUE AKA LTV ratio is the ratio of the
    debt to the sale price or appraised value, which
    ever is less
    – the greater the BORROWERS steak in the
    collateral, the lower the LENDERS RISK
    – **if a down payment is less than 20%, lenders
    frequently require some INSURANCE TO COVER
    DEFICIENCIES in the case of default
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10
Q

AUTOMATED SCORING SYSTEMS (PG 417 UNIT 20)
-what are they?
– Name some commonly used automated systems
-what is an advantage to them?
***LENDERS MUST ALWAYS KEEP WHAT IN MIND WHEN MAKING LENDING DECISIONS ?

A
-Lenders often rely on AUTOMATED 
     SCORING SYSTEMS
- an AUTOMATED SCORING SYSTEMS should 
     provide an OBJECTIVE STANDARD against which 
     to balance the more SUBJECTIVE, 
      PROFESSIONAL JUDGEMENT of a loan officer 
– commonly used automated systems are 
      – Freddie Mac’s loan prospector 
      – Fannie Mae’s desktop underwriter 
– ADVANTAGE:  
     -shorten the loan approval time
     - may lower the cost of processing and approving 
     loan
-LENDERS MUST ALWAYS KEEP WHAT IN MIND WHEN MAKING LENDING DECISIONS 
     – race 
     –color
     – religion 
    – national origin 
    – sex
     – age 
     – marital status
     – SOURCE OF INCOME
     – neighborhoods in which collateral is located 
        AKA redlining
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11
Q

LOAN COMMITMENT (PG 417 UNIT 20)
-A loan commitment is the lenders pledge to
do what?
-The agreement between the lender and
borrower is made once (what happens)?

A

-The LENDERS PLEDGE to:
-lend a certain amount of money to an
explicitly named borrower, or borrowers
– under specific terms
– for a special specified length of time
– using a particular property as collateral

  • The AGREEMENT IS MADE between lender and
    borrower once the WRITTEN commitment letter
    (from the lender), is SIGNED BY THE BORROWER
    AND RETURNED TO THE LENDER, this creates a
    contract BETWEEN the lender and borrower
    – this also means that the BORROWER AGREES to
    the lenders terms for the loan
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12
Q

LOAN COMMITMENTS (PG 417 UNIT 20)
-Loan commitments include a number of
conditions or contingencies that affect the lenders
fulfilling the promise of the loan.
- what are some of these contingencies or
commitments?

A

-an EXPIRATION DATE, meaning the lender is
NOT obligated to provide the money
AFTER THAT DATE
– COMMITMENTS/ CONTINGENCIES maybe
conditioned on events such as borrowers selling a
property
– providing TITLE INSURANCE policy at settlement
– a LOAN COMMITMENT may be withdrawn before
closing if the lender finds out that the borrowers
have ACQUIRED ADDITIONAL loans that increase
borrowers debt ratios above the mortgage
guidelines
– Licensees should ENCOURAGE their buyers to
avoid major purchases until after closing

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13
Q

FINANCING LEGISLATION AND REGULATION Z ( PG 418 UNIT 20)
-The federal government regulates the
lending practices of mortgage lenders through
the ______ (4 acts)
-REGULATION Z was enacted in accordance with the _________
-REGULATION Z AND THE TRUTH AND LENDING
ACT BY THE FEDERAL TRADE COMMISSION,
FTC requires a credit institutions informed the
borrowers of the TRUE COST OF OBTAINING
CREDIT.
-By giving the borrowers disclosures, they can
compare the cost of various lenders so they can
avoid uninformed use of credit.
-REGULATION Z generally applies when a credit
transaction is secured by a __________
-REGULATION Z DOES NOT APPLY TO:

A

-Federal government REGULATES THE
LENDING PRACTICES of MORTGAGE
LENDERS through the:
– truth in lending act
– equal credit opportunity act
– real estate settlement procedures act
– community reinvestment act
-REGULATION Z was enacted in accordance with
the TRUTH AND LENDING ACT BY THE
FEDERAL TRADE COMMISSION, FTC
-REGULATION Z generally applies when a credit
transaction is secured by a RESIDENCE
-REGULATION Z DOES NOT APPLY TO
-business
– commercial
-or agricultural loans of any amount

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14
Q

FINANCING LEGISLATION AND REGULATION Z ( PG 418 UNIT 20)
-UNDER THE TRUTH AND LENDING ACT, a
consumer must be fully informed of __________
________ _________ ________ BEFORE what?
-What must the finance charge disclosure
include?
-The lender must compute and disclose the
ANNUAL __________ ________

A

-UNDER THE TRUTH AND LENDING ACT, a
consumer must be fully informed of
ALL FINANCE CHARGES AND INTEREST RATES
BEFORE A TRANSACTION IS COMPLETED
-The finance charge disclosure must include
– loan fees
– finders fees
- service charges and points
– interest
-The lender must compute and disclose the ANNUAL PERCENTAGE RATE

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15
Q

FINANCING LEGISLATION AND CREDITOR (AND REGULATION Z)(PG 418 UNIT 20)
-According to REGULATION Z a creditor is a
person who

A

-According to REGULATION Z a creditor is a
person who EXTENDS CONSUMER
CREDIT MORE THAN 25X’S a YEAR
IF the transactions involve DWELLINGS AS A
SECURITY
-The credit MUST HAVE A FINANCE
CHARGE INVOLVED or payable in more than
FOUR INSTALLMENTS by written agreement

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16
Q

FINANCING LEGISLATION AND THREE DAY RIGHT OF RESCISSION (AND REGULATION Z) (PG 418 UNIT 19)
REGULATION Z STATES THAT:

A
- in most consumer credit transactions, the 
     borrower has THREE DAYS  to 
     rescind, (cancel) the transaction by notifying the 
      lender 
– *****the right of recession DOES NOT 
      APPLY TO 
     - OWNER OCCUPIED RESIDENTIAL PURCHASE 
        MONEY ON 1ST MORTGAGES 
     -  OR DEED OF TRUST LOANS
– *****it DOES APPLY to 
     -  REFINANCING A HOME MORTGAGE 
     -   or to a HOME EQUITY LOAN
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17
Q

FINANCING LEGISLATION AND ADVERTISING (AND REGULATION Z)
(PG 418 UNIT 20)
-REGULATION Z has STRICT REGULATIONS of real
estate advertising in all media
including_____(7 ITEMS LISTED) that refer to
mortgage financing terms
- General phases like FLEXIBLE TERMS AVAILABLE
CAN OR CAN NOT be used?
- THE APR which is calculated based on ALL
CHARGES rather than JUST THE INTEREST
RATE ALONE must be _______

A
-REGULATION Z has STRICT REGULATIONS 
     of real estate advertising in all media 
     including
      -NEWSPAPERS
     -FLYERS
     -SIGNS
     -BILLBOARDS 
     -WEBSITES 
     -RADIO AND TV ADS 
     -DIRECT MAILINGS 
- General phases like FLEXIBLE TERMS AVAILABLE 
     CAN be used,  HOWEVER any details given must
    comply with the act
- THE APR which is calculated based on 
     ALL CHARGES rather than JUST THE 
     INTEREST RATE ALONE must be STATED
18
Q

FINANCING LEGISLATION AND ADVERTISING (AND REGULATION Z)
(PG 418 -419 UNIT 20)
- BUYDOWNS OR REDUCED RATE MORTGAGES
MUST SHOW both the limited term to which the
interest rate applies and the APR
-if a VARIABLE RATE MORTGAGE is
advertised, the advertisement must include:

A
  • VARIABLE RATE MORTGAGE advertisement must include:
    -NUMBER AND TIMING of payments
    – amount of the LARGEST AND SMALLEST
    payments
    – statement to the fact that the ACTUAL
    PAYMENT WILL VARY BETWEEN THESE TWO
    EXTREMES
19
Q

FINANCING LEGISLATION AND ADVERTISING (PG 419 UNIT 20)
-TRIGGER TERMS REFERS TO:
– if any of these credit terms (TRIGGER
TERMS) are used the advertisement must include
all of the following information:

A

-TRIGGER TERMS REFERS TO specific credit
terms such as
- down payment
– monthly payment
– dollar amount of the finance charge
– term of the loan
– if any of these credit terms are used the
advertisement must include ALL OF THE
FOLLOWING INFORMATION
-Cash price
– required down payment
– number, amount, and due dates of all payments
– annual percentage rate
– total of all payment to be made over the term of
the loan, (unless the advertised credit refers to a
first mortgage to finance acquisition of a dwelling

20
Q

FINANCING LEGISLATION AND PENALTIES
(PG 419 UNIT 20)
PENALTIES (AND REGULATION Z)
-REGULATION Z penalties for noncompliance
– the penalty for violation of administrative order
enforcing REGULATION Z is _______for each
____the violation continues
-unfair and deceptive practice may result in
fines of up to _______
- in addition, a creditor could be held liable to a
consumer for ______THE AMOUNT OF THE
MAXIMUM FINANCE CHANGE, for A MINIMUM
of $100 and a MAXIMUM of $1000, plus COURT
COSTS, ATTORNEYS FEES, AND ANY ACTUAL
DAMAGES
-WILLFUL VIOLATION is a misdemeanor punishable
by a fine of up to $________, _______YEAR
imprisonment or both

A

– the penalty for violation of administrative order
enforcing REGULATION Z is $10,000 for
each DAY the violation continues
-unfair and deceptive practice may result in fines of
up to $10,000
-in addition, a creditor could be held liable to a
consumer for TWICE THE AMOUNT OF THE
MAXIMUM FINANCE CHANGE, for A MINIMUM
of $100 and a MAXIMUM of $1000, plus COURT
COSTS, ATTORNEYS FEES, AND ANY ACTUAL
DAMAGES
-WILLFUL VIOLATION is a misdemeanor punishable by a fine of up to $5000, ONE YEAR imprisonment or both

21
Q
EQUAL OPPORTUNITY ACT (PG 419 UNIT 20) AND ALSO FOUND IN UNIT 17
-WHAT IS THE ECOA?
-IT IS ENFORCED BY?
-THE ECOA PROHIBITS DISCRIMINATION 
      BASED ON WHAT 
       (**NOTE:UNIT 17 LISTED 7,  THIS UNIT 
         LISTS 8 DISCRIMINATION FACTORS)
- APPLICANTS NEED TO BE  CONSIDERED 
       ONLY ON THE BASIS OF?
- WHAT ARE THE 2 REASONS THE 
       CREDITOR MAY CONSIDER AGE?
- WHAT IS A LENDER NOT ALLOWED TO ASK?
-  APPLICATIONS MUST BE ACCEPTED/REJECTED 
       WITHIN 
- IF DENIED WHAT MUST THE CREDITOR 
       PROVIDE?
A

-EQUAL CREDIT OPPORTUNITY ACT
- THE ECOA IS THE FEDERAL TRADE
COMMISSION
-RACE
-COLOR
-RELIGION
-NATIONAL ORGIN
- SEX
-MARITAL STATUS
-AGE
-DEPENDENCE ON PUBLIC ASSISTANCE
(HANDICAPPED)*** NOT MENTIONED
IN UNIT 17
- applicants need to be considered on the bases of
INCOME, NET WORTH, JOB STABILITY AND
CREDIT RATING
-if the applicant is TO YOUNG TO SIGN A
CONTRACT
- the creditor MAY consider age when
determining if income will drop due to
RETIREMENT
– May not ask questions about a SPOUSE, unless the
spouse is also applying for credit
– they also may not discount the WOMANS income
or assume that she will leave the workforce to
raise children
– Applications must be excepted/rejected WITHIN
30 days of completing the applications
- if denied, the creditor must provide the specific
reason for rejection

22
Q

COMMUNITY REINVESTMENT ACT
AKA CRA
(PG 419 UNIT 20)
-The responsibility of financial institutions to help meet community needs for _________and ________income housing
– 1977 Congress passed the _________ ________ ___, (CRA)
– financial institutions are expected to:
- meet the deposit and credit needs of
their__________,
-____________AND ______ in local community
development, and rehabilitation projects
- participate in ________ ________for housing, small
business, and small farms

A

-The responsibility of financial institutions to
help meet community needs for LOW and
MODERATE income housing
– 1977 Congress passed the COMMUNITY
REINVESTMENT ACT, CRA
– financial institutions are expected to:
-meet the deposit and credit needs of their
COMMUNITIES,
-PARTICIPATE AND INVEST in local community
development, and rehabilitation projects
- participate in LOAN PROGRAMS for housing,
small business, and small farms

23
Q

COMMUNITY REINVESTMENT ACT
AKA CRA
(PG 420 UNIT 20)
-THE LAW IN PERTAINING TO THE COMMUNITY REINVESTMENT ACT requires federally supervised financial institutions to prepare a statement containing:

A

-the geographic boundaries of its
community
– the type of community reinvestment
credit offered such as:
-residential housing
-housing rehabilitation
- small business
- commercial
- consumer loans
-comments from the public about the institutions
performance in meeting its community needs

24
Q

-Financial institutions are periodically reviewed by one of four federal financial supervisory agencies:
(PG 420 UNIT 20)

A

-Comptroller of the Currency
–Federal Reserves Board of Governors
– Federal Deposit Institution Corporation
– or the office of THRIFT SUPERVISION

  • The institutions must post a public notice that their
    community reinvestment activities are SUBJECT
    TO FEDERAL REVIEW and must also make the
    results of these reviews PUBLIC
25
Q

LOAN PROGRAMS (PG 420 UNIT 20)
LOANS ARE GENERALLY CLASSIFIED ON THEIR:
-A HIGHER LOAN TO VALUE MEANS
-A LOWER LOAN TO VALUE MEANS

A

-usually classified on their LOAN TO VALUE
RATIO which means:
the ratio of debt to the value of the property
-A HIGHER LOAN TO VALUE MEANS A HIGHER
RISK
-A LOWER LOAN TO VALUE MEANS A LOWER
RISK, or the borrower put down
a larger down payment which = a more secure
loan and less risk

26
Q

LOAN PROGRAMS
CONVENTIONAL LOANS (PG 420 UNIT 20)
UNIT 12 IS A COMPANION TO THIS UNIT**

A

CONVENTIONAL LOANS
- NOT GOVERNMENT INSURED OR
GUARANTEED (as COMPARED to FHA
insured and VA guaranteed loans)
-often viewed as the MOST SECURE loans due to
the fact that the LOAN TO VALUE RATIO IS THE
LOWEST
– traditionally the ratio is 80% of the VALUE OF THE
PROPERTY OR LESS, and the borrower makes a
DOWN PAYMENT of 20% or more
-The MORTGATE IS solely the SECURITY for the
loan
– the PAYMENT OF DEBT relies on
the ability of the BORROWER to pay
-The lender relies primarily on IT’S APPRAISAL of the
property
-CREDIT REPORTS indicate the RELIABILITY of the
prospective buyer
- with a 20% down payment and a conventional loan
NO ADDITIONAL INSURANCE OR GUARANTEE
is necessary TO PROTECT a LENDERS
INVESTMENT

27
Q

LOAN PROGRAMS CONVENTIONAL LOANS
(PG 421 UNIT 20)
UNIT 12 IS A COMPANION TO THIS UNIT**
-Today, the _________ mortgage market has a
significant impact on borrower qualifications,
standards for collateral, and documentation
procedures followed by lenders

-Loans must meet strict criteria TO BE SOLD TO to
__________ and ___________

A

LOAN PROGRAMS CONVENTIONAL LOANS

-Today, the SECONDARY mortgage market has a
SIGNIFICANT IMPACT on
- buyer qualifications,
-standards for collateral, (HOW MUCH $$ TO
PUT UP)
-documentation procedures followed by lenders

-Loans must meet strict criteria TO BE SOLD TO to
FANNIE MAE and FREDDY MAC

28
Q

LOAN PROGRAMS CONVENTIONAL LOANS
(PG 421 UNIT 20)
- QUALIFICATIONS for CONVENTIONAL LOANS UNDER Fannie Mae GUIDELINES using the borrowers monthly HOUSING (ONLY) expenses including the PITI must not exceed _______percent of the total monthly _____ ______
-the borrowers TOTAL MONTHLY OBLIGATION(ALL BILLS), including housing cost plus other regular monthly payments must not exceed ________ percent of the total monthly gross income (80% LTV LOANS)
-WHAT ARE LOANS CALLED THAT MEET
THAT CRITERIA?
- What is a non-conforming loan?

A

LOAN PROGRAMS CONVENTIONAL LOANS

  • QUALIFICATIONS for CONVENTIONAL
    LOANS UNDER Fannie Mae GUIDELINES using
    the borrowers monthly HOUSING (ONLY)
    expenses including the PITI must not exceed
    28 % of the total MONTHLY GROSS INCOME
    (***Don’t confuse “monthly housing
    expenses” with “total monthly obligations”)
    -the borrowers TOTAL MONTHLY OBLIGATION
    (ALL BILLS), including housing cost plus other
    regular monthly payments must not exceed
    36% of the total MONTHLY GROSS INCOME
    (80% LTV LOANS)
    -WHAT ARE LOANS THAT MEET THAT CRITERIA
    ARE CALLED:
    -CONFORMING LOANS
    -NON CONFORMING LOANS are loans that exceed
    the limits that are set by Fannie Mae guidelines
    and are not marketable, they must be HELD in the
    LENDERS INVESTMENT PORTFOLIO
29
Q

LOAN PROGRAMS CONVENTIONAL LOANS
(PG 421 UNIT 20)
-The Federal Housing Finance Agency, FHFA
PUBLISHES the _____ _______ _______FOR
LOANS SOLD TO FANNIE MAE
-in 2015, maximum loan limits for a single-family
home range from $271,050-$625,500 in high
cost areas
-The UPPER LOAN LIMIT for loans that Freddie Mac
will buy is $___________

A

LOAN PROGRAMS CONVENTIONAL LOANS

-The Federal Housing Finance Agency, FHFA
PUBLISHES the MAXIMUM LOAN LIMITS FOR
LOANS SOLD TO FANNIE MAE
-in 2015, maximum loan limits for a single-family
home range from $271,050-$625,500 in high
cost areas
-The UPPER LOAN LIMIT for loans that Freddie Mac
will buy is $625,500

30
Q

LOAN PROGRAMS CONVENTIONAL LOANS
(PG 421 UNIT 20)
- To figure out QUALIFYING MATH FOR either the
monthly housing expenses, OR the total monthly
debt expense
–DIVIDE the total expenses (EITHER ALL
HOUSING
EXPENSES OR ALL BILLS COMBINED) into the
GROSS INCOME and that will give you the
percentage of the AMOUNT OF THE MONTHLY
GROSS INCOME
- REMEMBER ALLOWABLE AMOUNT IS 28% for
housing expenses only AND 36% for all debt
expenses TO BE ABLE TO QUALIFY FOR A
CONVENTIONAL LOAN…….. WHICH COULD
THEN BE SOLD TO THE SECONDARY
MORTGAGE MARKETS

A

👍🏻

31
Q

PRIVATE MORTGAGE INSURANCE (PG 422 UNIT 20)
PRIVATE MORTGAGE INSURANCE (PMI)
-An insurance policy that the buyer can purchase to help with what?

A

PRIVATE MORTGAGE INSURANCE (PMI)
-LENDERS GET PAID IF BUYERS DEFAULT
AND ALLOWS FOR THE BUYERS TO GET A
LOAN WITH A LOWER DOWN PAYMENT
-It will help buyers get conventional loans with
a LOWER DOWN PAYMENT
– the PMI program, the BUYER PURCHASES
THE INSURANCE POLICY and it provides the
lenders with funds IF THE BORROWER DEFAULTS
ON THE LOAN
– the LENDER IS WILLING TO ASSUME MORE RISK
so that the loan to VALUE TO RATIO is HIGHER
then for other conventional loans

32
Q

PRIVATE MORTGAGE INSURANCE (PG 422 UNIT 20)
Loans that originated AFTER 1999, Federal law
requires that PMI AUTOMATICALLY
TERMINATES a if a borrower has accumulated at
least ______% equity in the home
AND IS __ __ __ ___ ___
– 22% of equity is based on
the ____ _______ ____ _____ ______

A
  • 22% EQUITY IN THE HOME
  • CURRENT ON THE MORTGAGE PAYMENTS
  • PURCHASE PRICE OF THE HOME
33
Q

FHA INSURED LOANS (PG 422 UNIT 20)

  • ** go over additional notes in book*****
  • UNIT 12 IS A COMPANION TO THIS UNIT***
  • FHA FEDERAL HOUSING ADMINISTRATION OPERATES UNDER _______
  • FHA loans neither build houses or lend money, the term FHA refers to a LOAN THAT IS INSURED by “the agency”
  • FHA insurance provides security to the_____ and also to the ___ _____
  • THE MOST POPULAR FHA PROGRAM IS “TITLE II” WHICH IS WHAT?
A

-FHA OPERATES UNDER HUD
-FHA PROVIDES SECURITY TO THE LENDER AND THE REAL ESTATE.
-FHA INSURES LENDERS from loss of borrowers
default
-THE MOST POPULAR FHA PROGRAM IS “TITLE II” WHICH IS
-10 -30 YEARS on a
-1 to 4 family residence
– rates are competitive with other loans
– and are a high LTV loan

34
Q

FHA INSURED LOANS (PG 423-424 UNIT 20)
* go over additional notes in book***

AS OF 2012, IF THE ________ pays more than
___% of the cost normally paid by the buyer,
such as ______ (6 ITEMS)
the lender will treat the payments as a
_________ in the sales price and recalculate the
mortgage amount according

A
AS OF 2012, IF THE SELLER pays more than 6 % of the cost NORMALLY PAID BY THE BUYER, such as:  
     -discount points
     -loan origination fee
     -mortgage insurance premium
     -by down fees
     - prepaid items
     -impound or escrow amounts
the lender will treat the payments as a REDUCTION in the sales price and recalculate the mortgage amount according
35
Q

VA GUARANTEED LOANS (PG 424 UNIT 20)

  • US DEPARTMENT OF VETERANS AFFAIRS it’s authorized to guarantee loans to purchase or construct homes for eligible veterans and their spouses.
  • TRUE/ FALSE this includes remarried spouses of veterans who’s deaths were SERVICE RELATED
  • VA also GUARANTEES loans to purchase MANUFACTURED HOMES and lots

-ELIGIBILITY FOR A VA LOAN:
-Little or no down payment is needed at market interest rates
- rules and regulations that guarantee the loan state that the OWNER MUST LIVE ON THE PROPERTY
- The VA loans are simply a LOAN GUARANTEE,
MADE BY THE LENDING COMPANIES
(as are the FHA loans, both ARE LOAN
GUARANTEES AND ARE NOT A LOAN)
- no VA dollar limit on the amount of the loan the
veteran can get
– LOAN AMOUNTS ARE DETERMINED BY the
LENDER and the QUALIFICATION OF THE
BUYER
-VA limits the amount of the loan it will guarantee,
the limits are based on MEDIAN HOME VALUES
OF THE COUNTY as estimated by the
FHA

A

-TRUE UNMARRIED spouses of veterans
who’s deaths were SERVICE RELATED can also get a VA loan

-ELIGIBILITY FOR A VA LOAN
-90 days of active service for veterans of:
-WWII
-Korean War
- Vietnam conflict
-Persian golf war
-A minimum of 181 days of active service during the
interconflict between July 26, 1947 and
September 6, 1980
- 2 full years of service during any peacetime since
1984 for enlisted and since 1981 for officers
-SIX OR MORE years of continuous duty as a
reservist in the Army, Navy, Air Force,
Marine Corps, or Coast Guard, or as a
member of the army or air National Guard
-90 days of continuous service for those currently on
active duty

36
Q

VA GUARANTEED LOANS (PG 424 UNIT 20)

  • The VA loan is tied to the conforming loan limit for _______ ____and _____ _____
  • typically lenders will loan _____ the guarantee
A

-conforming loan limits of Fannie Mae and Freddie Mac
-Lenders will typically lohan 4 X’s the guarantee
EX: $417,000÷4 = $104,250 VA guarantee

37
Q

VA GUARANTEED LOANS (PG 424- 425 UNIT 20)
SEE NOTES IN BOOK*
-CERTIFICATE OF ELIGIBILITY SEE PG 424
-CERTIFICATE OF REASONABLE VALUE
SEE PG 424-425
-new VA regulations allow only ______ active VA loans
at a time
– a veteran may own only _____ properties that were
acquired using VA loan benefits

VA FUNDING FEES: SEE BELOW

  • as with FHA loans, VA loans can be pre-paid WITHOUT ANY pre-payment penalty

ASSUMPTION RULES WITH VA LOANS:

A

-new VA regulations allow only 1 active VA
loans at a time
– a veteran may own only 2 properties that were
acquired using VA loan benefits

VA FUNDING FEES:
– VA borrowers pay a loan origination fee to the to
the lender and also a FUNDING FEE of 2% to 3%
depending on the down payment amount
-this is paid to the DEPARTMENT OF VETERAN
AFFAIRS
– the funding fee depends on the down payment
– if there is NO DOWN PAYMENT then the funding
fee depends on if it’s the first time use of 2.15%,
OR a subsequent use 3.15%
-If a down payment of 5% or more is used then the
funding fee GOES DOWN
– reservists and National Guard veterans PAY
HIGHER FUNDING FEES
– reasonable discount points may be charged on a
VA guaranteed loan
- either the VETREN OR THE SELLER may pay that

ASSUMPTION RULES WITH VA LOANS:
AFTER MARCH 1, 1988
-VA HAS TO APPROVE ASSUMPTION/TAKE OVER OF THE LOANS
- assumption, or take over, by another person can
only be approved by the VA
– the original veteran-borrower remains personally
liable for repayment of the loan unless the VA
approves a release of liability
– the release is issued by the VA only if
– the buyer assumes all of the veterans liabilities on
the loan
– the VA and the lender approve both the buyer and
the assumption agreement
- releases are also possible if the veterans use their
own entitlement in assuming another veterans
loan

38
Q

AGRICULTURAL LOANS (PG 425 UNIT 20)
* SEE PG 425 FOR NO CARDS***
FARM SERVICE AGENCY (FSA)
FARM CREDIT

-FARMER MAC

A
- FARM CREDIT SYSTEM banks and 
      associations DO NOT TAKE DEPOSITS
– instead, “loanable” funds are raised through the 
      system wide SALE OF BONDS AND 
        NOTES IN THE NATIONS CAPITAL 
         MARKETS
 (***remember the farm credit loan we had, we got a 
         stock check back each year)

-FARMER MAC formerly the Federal Agricultural Mortgage Corporation or FAMC is a government sponsored enterprise, GSE that operates similarly to Fannie Mae and Freddie Mac it’s just agricultural loans though

39
Q

****FINANCING TECHNIQUES (PGS 426-430)

DIFFERENT TYPES OF FINANCING AVAILABLE BY APPLYING DIFFERENT TYPES OF LOANS
- MOST PLANS HAVE A COMMON
CHARACTERISTIC IN THAT THE PRINCIPLE IS
_____
-different types of payment plans include:

A
  • MOST PLANS HAVE A COMMON
    CHARACTERISTIC IN THAT THE PRINCIPLE
    IS AMORTIZED

DIFFERENT TYPES OF PAYMENT PLANS/LOANS:

  • ADJUSTABLE RATE MORTGAGE ARM
    -INTEREST RATES FLUCTUATE fluctuate during the
    loan term
    – based on economic indicators
    – VARIABLE INTEREST RATES = VARIABLE
    PAYMENTS
    – details of how and when interest rates change are
    in the note
    – COMMON COMPONENTS are the INDEX is an
    UNDETERMINABLE ECONOMIC INDICATOR that
    is used to adjust the RATE in the loan most
    indexes are tied to US treasury securities
    – usually INTEREST RATE = THE INDEX RATE plus
    premium, called THE MARGIN which represents
    the LENDERS COST OF DOING BUSINESS
    -rate caps SETS THE LIMITS THAT THE INTEREST
    RATE COULD CHANGE
  • MORTGAGOR is protected from unaffordable
    individual payments BY THE PAYMENT CAP, the
    payment caps SETS THE MAXIMUM AMOUNT
    FOR PAYMENTS
    – adjustment establishes HOW OFTEN the rate
    maybe change, MONTHLY, QUARTERLY,
    ANNUALLY
  • mortgagor CAN CONVERT from an adjustable rate
    to a fixed rate loan at certain intervals DURING
    THE LIFE OF THE LOAN AT CERTAIN INTERVALS

-BALLOON PAYMENT LOAN
- THE FINAL PAYMENT IS CALLED THE BALLOON
PAYMENT
-When the final payment is larger than the others
payments are
- the periodic payments are not large enough to fully
amortize the loan by the time the final payment is
due,
-PRINCIPLE IS STILL DUE AT THE END OF THE
LOAN
-an FALSE ASSUMPTION is that if the payments are
made promptly, that the lender will extend the
balloon payment for another limited term.
THE LENDER IS NOT LEGALLY OBLIGATED TO
GRANT THIS EXTENSION and CAN REQUIRE
PAYMENT IN FULL WHEN THE NOTE IS DUE
MATH CONCEPTS: BALLOON PAYMENT LOAN
A lone with the following terms of $130,000 at 6% interest, with interest only payable monthly and the loan fully repayable in 15 years.
The following illustrates how to calculate the amount of the final balloon payment $130,000 x 0.06%.
= $7800 annual interest.
$7800 ANNUAL INTEREST divided by 12 months = $650 monthly interest payment.
$130,000 PRINCIPAL PAYMENT divided by $650 final months interest equals $130,650 for the final balloon payment

-GROWING EQUITY MORTGAGE GEM
       AKA RAPID PAYOFF MORTGAGE 
– uses a FIXED INTEREST RATE 
– payments of PRINCIPLE INCREASES 
       ACCORDING TO AN INDEX OR SCHEDULE 
– loan is paid off more quickly 
– MOST FREQUENTLY USED WHEN borrowers 
    income is expected to keep pace with increasing 
    loan payments

-REVERSE MORTGAGE RAM
-REVERSE ANNUITY MORTGAGE AKA RAM
– people 62 or older can borrow money AGAINST THE EQUITY THEY HAVE IN THEIR HOME
– reverse mortgages are the opposite of conventional
mortgages and that the homeowners EQUITY
DIMINISHES as the loan amount increases
– money can be used for any purpose and the
borrowers decide HOW they want to receive
money in a lump sum, fixed monthly payments,
open line of credit, or other options
- FIXED RATES AND NO PAYMENT DUE UNTIL
PROPERTY IS SOLD, DEFAULTED UPON OR
OWNER DIES
- HAVE BEEN AROUND FOR 30 YEARS
-PEOPLE LIVING LONGER REVERSE MORTGAGES
NOW MORE COMMISSIONS
-FHA HOME EQUITY CONVERSION MORTGAGE
(HECM) IS A MORE COMMON REVERSE
MORTGAGE

  • PURCHASE MONEY MORTGAGE AKA PMM
    SELLER FINANCES THE LOAN ***SEE BOOK PG 427

-PACKAGE LOANS PG 428
*** THINK: THE WHOLE PACKAGE **
- INCLUDES REAL AND PERSONAL PROPERTY (APPLIANCES)
- VERY POPULAR WITH DEVELOPERS AND
PURCHASERS IN RECENT YEARS
- PACKAGE LOANS INCLUDE PERSONAL
PROPERTY SUCH AS
FURNITURE,DRAPERIES, APPLIANCES,
DISHWASHER, DRYER, FREEZER, AND
OTHER APPLIANCES

-BLANKET LOANS (A BLANKET OF LAND / LOTS)
-covers MORE THAN ONE PARCEL OR LOT
– used to FINANCE SUB DIVISION DEVELOPMENTS – however, it COULD BE USED to finance the
purchase of IMPROVED PROPERTIES or to
consolidate loans as well
– usually includes a provision known as a
PARTIAL RELEASE CLAUSE, allowing the
borrower to obtain a release of ANY ONE PARCEL
from the lien by repaying a certain amount of the
loan

  • WRAPAROUND LOANS
    Allows the borrower with an existing loan to get
    ADDITIONAL FINANCING from a second lender
    without paying off the first loan
    – the second lender gives the borrower a new,
    LARGER LOAN AT A HIGHER INTEREST RATE
    AND ASSUMES PAYMENT OF THE EXISTING
    LOAN, (think of the lender absorbing the existing
    loan, the total amount of the new loan includes the
    existing loan as well as the additional funds
    needed by the borrower)
    -borrower pays the NEW LOAN to the NEW LENDER
    -The NEW LENDER makes payments on the original
    loan out of the BORROWERS PAYMENTS
  • may not be possible to obtain a wrap around loan
    if the original loan DOES NOT permit a
    wraparound loan in the original loan document
    for example: an ACCELERATION CLAUSE
    (CHAPTER 12 where can enforce that the entire
    debt is due immediately if the mortgagor defaults
    on an installment payment or other covenant),
    an alienation clause AKA DUE ON SALE
    CLAUSE : (if the balance of a secure
    debt becomes immediately due and payable at
    the mortgagee‘s options if the mortgagor sells
    the property, this can prevent the mortgagee
    from a signing the debt without the mortgagee‘s
    approval), or a
    due on sale clause ( SEE ALIENATION CLAUSE ABOVE OR CHAPTER 12) :
    may prevent the sale under a wraparound loan
    ** SEE PG 428 FOR MORE **

-OPEN END LOANS
-interest-rate on initial amount borrowed IS FIXED,
interest-rate ON FUTURE advances may be
charged at market rate
** SEE BOOK**

  • CONSTRUCTION LOANS
  • ** SEE BOOK***
  • SALE AND LEASEBACK
  • ** SEE BOOK*****
  • BUYDOWNS
    • **SEE BOOK PG 429

-HOME EQUITY LOANS
- USES HOMES EQUITY
-ORIGINAL LOAN REMAINS IN PLACE
- IS A JUNIOR LOAN
- USED FOR A VARIETY OF NEEDS
SUCH AS PAY FOR HI PRICED ITEMS,
CONSOLIDATE LOANS AND CREDIT CARDS,
MEDICAL, EDUCATION, ETC.
- IF THE H.O. REFINANCES, THE ORIGINAL
MORTGAGE AND THE HOME EQUITY LOANS
ARE PAID OFF AND REPLACED WITH A NEW
LOAN
- CAN BE A FIXED LOAN OR A LINE OF CREDIT
REFERRED TO AS “HELOC”
-DECIDING FACTORS FOR THE H.O.
- COST INVOLVED
-TOTAL MONTHLY PAYMENT
-INCOME TAX CONSEQUENCES

40
Q
KEYPOINT REVIEW (PGS 430-432)
*****UNIT 12 IS A COMPANION TO THIS UNIT*******
A
  • interest rates the lender charges are based
    on the term of the loan, type of mortgage
    loan, loan amount, the lenders cost of
    money
    – based on preliminary application, the applicant may
    be preapproved for a loan
    – the lender determines the borrowers upper limit
    -CREDIT SCORES is an analysis of credit risk that
    includes past payment performance, how the
    credit was used, credit history, types of credit and
    use, and credit report inquiries
    – credit scores affect the borrowers ability to obtain a
    loan, the interest-rate, and even the cost of
    homeowners and
    -FACTA = Fair and Accurate Credit Transactions Act -credit bureaus are to provide free reports annually
    – credit scores are even more important because it
    affects the entire report
    -UNDERWRITING the lender evaluates the loan
    application, credit report, the property appraisal
    and makes lending determinations
    – underwriters consider occupancy, income, assets,
    cash reserves, debt and LTV ratio‘s
    -REGULATION Z OF THE FEDERAL TRADE COMMISSION FTC
    -requires that when a loan is secured by a residence,
    lenders inform borrowers of the true cost of
    obtaining credit (all charges involved)
    – unless the loan is used as an owner occupied
    residential first mortgage, the borrower has a 3
    DAY RIGHT OF RESCISSION
    – advertising is STRICTLY REGULATED, there is a $10,000 penalty for EACH DAY of the violation
    -ECOA Equal credit opportunity act prohibits discrimination in giving or arranging credit on the basis of race, color, religion, national origin, sex, marital status, age (as long as the applicant is not a minor), or dependence on public assistance
    -mortgage loans are typically classified based on their LTV ratio
    – CONVENTIONAL LOANS are viewed as the MOST SECURE because the LTV is usually the lowest, traditionally 80%, meaning the down payment needed is 20%
    -for higher LTV, lenders usually REQUIRES PRIVATE MORTGAGE INSURANCE, PMI, to minimize their risk – conventional loans are NOT GOVERNMENT INSURED OR GUARANTEED
    -Federal law requires that PMI AUTOMATICALLY TERMINATES if the borrower has accumulated 22% EQUITY IN THE HOME, based on the PURCHASE PRICE and is CURRENT on the mortgage payment
    -Conventional loans MEET REQUIREMENTS OF secondary markets
    – borrowers monthly housing expenses including PITI should be NO MORE THAN 28% of total monthly gross income
    – 36% of total monthly gross income for ALL HOUSING COSTS ( ALL BILLS)
    -non-conforming loans, those are loans that do not fall under the secondary mortgage market standards may not be sold to Fannie Mae or Freddie Mac
  • A straight loan, AKA INTEREST ONLY LOAN consists of PERIODIC PAYMENTS of INTEREST only for the life of the loan, with payment of principal DUE IN FULL AT THE END IF THE TERM
    -ARM LOANS / ADJUSTABLE RATE MORTGAGE begin with lower initial rate of interest that could change over the life of the loan based on a specified indexed usually tied to the US TREASURY SECURITIES
  • GROWING EQUITY (RAPID PAYOFF)
    Has a fixed interest rate but the PRINCIPLE PAYMENTS are increased according to an index or schedule so that the loan is paid off more quickly
  • REVERSE ANNUITY MORTGAGE, RAM for those older than 62
    -allows the lender to make payments to the borrower at regular intervals, in a lump sum or as a line of credit to be drawn
    -allows the borrower to remain in the home while receiving income
    -PURCHASE MONEY MARKET, PMM
    -the seller transfers the title and takes back a note and mortgage
    – the borrower makes principal and interest payment to the former owner
    -BLANKET LOAN covers more than one parcel or lot
    – a partial release clause allows the borrower to pay off part of a loan to remove the liens from one parcel lot at a time
    -WRAPAROUND LOANS Allows the borrower to obtain additional financing, retaining the first loan on the property
  • OPEN END LOAN Secures the current loan to the borrower and future advances made by the lender to the borrower
    -CONSTRUCTION LOAN
    -SALE AND LEASEBACK
  • BUYDOWN is a payment made to the lender at closing to reduce the interest rate on the loan, for either one to three years or for the life of the loan
    -HOME EQUITY LOAN, HELOC
    -A junior loan, can be a loan or a line of credit, is an alternative to tapping into the homes equity without refinancingi