Ways to to obtain realty Flashcards
(37 cards)
Mortgage is the Lien
Mortgagor is the borrower & Mortgagee is the Lender.
Trust deed is the Lien
Trustor is the borrower and Beneficiary is the Lender. Trustee is the 3rd party holder of a title.
Mortgage
Non negotiable security instrument on realty
Lien Theory
Mortgage creates a lien against the real property, secured payment of debt.
Note/loan
Negotiable instrument on realty. FHA, VA, Conventional conforming or non confirming loans.
Judaical Foreclosure
Need court approval (M)
Equitable Redemption
Definite period where mortgagor can make up late payments and get realty back. (M) and (TD)
Statutory Redemption
Can reclaim realty if mortgagor makes payments after foreclosure. (M)
Defeasance clause
Removes lien after you pay all the money also called satisfaction. (M)
Acceleration
When you DEFAULT a payment the whole balance becomes due.
Alienation
If you sold the property the balance becomes due immediately.
Foreclosure
Realty taken and sold to satisfy debt.
Prepayment
Paying whole amount prior to due date, with or without penalty.
Insurance
Homeowners insurance, protect against fires etc.
Conventional Loan/Note
No government backing up the loan.
Non conforming
Note is bundled with other no conforming loans
Impound
An account to pay annual taxes. Also called escrow account.
Trust deed/ Deed of trust
Security instrament on realty
Title Theory
Used in far west states, trust deed conveys title of realty to a trustee until note is paid off.
Trustee’s deed
deed issued after foreclosure.
Deed of re conveyance
Deed issued by the trustee.Loan is paid in full and gives all rights to trustor.
Vendor/ Owner will carry
No 3rd party is associated. Real estate purchased without a lendor. Owner carries loan.
Devisor
deceased person carrying the will
Devisee
Name of person recieving realty on vaild will