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2. Nature and Cycle of California Real Estate Finance . Chapter 1. 3. Historical Perspective . Might and powerEnglish feudal systemAllodial system. 4. Nature of Real Estate Finance. Ownership of property Property Real property Personal property Commercial fixtures. 5. Estates in Realty .
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1. 1 California Real Estate Finance Sixth Edition
2. 2 Nature and Cycle of California Real Estate Finance
Chapter 1
3. 3 Historical Perspective Might and power
English feudal system
Allodial system
4. 4 Nature of Real Estate Finance Ownership of property
Property
Real property
Personal property
Commercial fixtures
5. 5 Estates in Realty Freehold estate
Fee simple absolute
Time-shares
Legal title; equitable title
Concurrent ownership
Tenants in common and partnerships
Community property
Leasehold estate
6. 6 Real Estate Characteristics Physical
Economic
Social
Police powers
Eminent domain
Condemnation
7. 7 Mortgage Lending Activities Savings associations
Credit system economy
Financing relationships
Local markets
National markets
8. 8 Real Estate Cycles Supply and Demand
Real estate
Money
Population Characteristics
Political attitudes
9. 9 Money and the Monetary System
Chapter 2
10. 10 What is Money? Medium of exchange or means of payment
Storehouse of purchasing power
Standard of value
11. 11 The Use of Paper Money
As long as the public can exchange symbolic paper money for commodities of like value, the system works.
12. 12 The Supply and Cost of Money M1 includes cash and checking accounts
M2 adds savings and time deposits of less than $100,000
M3 adds large time deposits at all depository institutions
Creating money
13. 13 The Federal Reserve System (FED) A central banking system that provides a rising standard of living through controlled growth of money and credit.
14. 14 Organization of the FED Twelve Federal Reserve districts
Each district includes Federal Reserve Bank
Directed by board of governors
Membership
15. 15 Functions of the FED Reserve requirements to protect depositors
Discount rates to regulate the cost of funds
Federal Funds Rate at which the Fed lends money to member
Open market operations
Truth-in-Lending Act (Regulations Z)
16. 16 The United States Treasury Balances government’s income against its long-term and short-term debt instruments has a direct effect on the monetary and credit climate of the country.
The Office of the Comptroller of the Currency (OCC)
Nation’s Fiscal Manager
The Treasury’s Role
The Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA)
The Federal Deposit Insurance Corporation (FDIC)
The Deposit Insurance Fund
17. 17 The Federal Home Loan Bank System (FHLB) Organization
Office of Thrift Supervision
Activities
Provides its members a national market for their securities
18. 18 California Financial Agencies Department of Savings and Loans
California Housing Finance Agency (CHFA)
Department of Banking
Department of Insurance
Department of Corporations (DOC)
Department of Real Estate (DRE)
Office of Real Estate Appraiser (OREA)
19. 19 Institutional Lenders for Real Estate Finance
Chapter 3
20. 20 Commercial Banks Origins
Goldsmiths and money lending
Advent and evolution of checking system
Underwriting
Organization and operation
Mortgage loan activities
Interim financing (construction loans)
Home improvement loans
Manufactured home loans
Equity loans
Mortgage banking
Trust department activities
21. 21 Savings and Loan Associations/Savings Banks Origins and development
Organization
Mortgage lending activities
California chartered savings and loan associations
22. 22 Life Insurance Companies Seek safety and long-term stability of an investment.
Participation financing
Purchase of blocks of single-family mortgages or securities from the
secondary mortgage market
23. 23 Pension and Retirement Programs Pension monies collect routinely, usually from payroll deductions, and are held in trust until needed at retirement.
Pension fund managers invest assets from accounts.
24. 24 Credit Unions Members deposit savings, usually through payroll deductions.
Members borrow at interest rates below competition.
Expanding in real estate finance.
25. 25 Noninstitutional Lenders
Chapter 4
26. 26 Mortgage Brokers and Bankers Mortgage brokers match up borrowers and lenders
Mortgage bankers are intermediaries (known as correspondents) originate new loans, collect payments, periodically inspect the collateral, and supervise foreclosure, if necessary.
Development; Interest only loans with balloon payments
High level of defaults during Great Depression
Formation of Federal Housing Administration (FHA) in 1934
New plans for mortgage payback system—amortization
Operation
Servicing a Loan
Assignment of Loan
Activities
27. 27 Real Estate Trusts Designed to provide vehicles by which real estate investors can enjoy the special income tax benefits granted to mutual funds and other regulated investment companies.
28. 28 Trust Qualifications (1 or 2) Trust must not hold property primarily for sale to customers in the ordinary course of business.
Trust must be owned beneficially by at least 100 investors.
Trust must not have fewer than five persons who own more than 50 percent of the beneficial interest.
Trust’s beneficial interests must be evidenced by transferable shares or certificates of interest
Ninety-five percent of the trust’s gross income must be derived from its investments.
29. 29 Trust Qualifications (2 or 2) Seventy-five percent of the trust’s gross income must be derived from real estate investments.
No more than 30 percent of the trust’s gross income may result from sales of stocks and securities held for less than 12 months or from the sale of real estate held for less than four years.
Ninety-five percent of the trust’s gross income must be distributed in the year it is earned.
All trust income must be considered passive by the IRS.
30. 30 Real Estate Investment Trusts (REITS) Invest in improved income properties
Income derived from rents and capital gains
Individual investors pay income tax only at participant level
31. 31 Real Estate Mortgage Trusts (REMTs) Expand their financial bass with strong credit at their commercial banks.
Make mortgage loans on commercial income properties.
Income from mortgage interest, origination fees, and profits made from buying and selling mortgages.
32. 32 Balanced Trusts Combine REIT with REMT, earning profits from rental income and increased property values as well as mortgage interest and placement fees.
33. 33 Syndicates Organizations of investors pooling capital for real estate investments
Can be corporations, general partnerships, or limited partnerships
Investment conduits that pass profits and losses through to investors in proportion to their ownership shares
34. 34 California Syndication Controlled by the California Department of Corporations
Limited partners may become liable for the total debts of the partnership if they take an active role in the management of the partnership
Limited liability company (LLC) combines single-level tax benefit of partnership with organizational structure and limited liability of limited partnerships and corporations.
35. 35 Real Estate Bonds Can be used to secure funds for financial real estate projects through 1) issuance and sale of mortgage bonds and 2) issuance and sale of municipal, county, or state bonds for purposes of financing community improvements.
36. 36 Nature of Bonds Secured and unsecured (debentures)
Coupon; registered coupon
Classification by nature of issuer, nature of security, or by maturity date
Issuance of banks
Market prices of bonds
Ratings
37. 37 Uses for Bond Issues Use has faded since depression of 1930s
Many companies today use debenture bonds as a source of raising long-term funds
38. 38 Bonds General obligation bonds
Tax privilege of exempting interest income earned on state and local securities
Revenue bonds
Industrial revenue bonds
Mortgage revenue bonds
Zero coupon bonds
Mortgage loan bonds
39. 39 California Bonds Issued by Community Redevelopment Agencies
Money used to make below-market interest rate loans to qualified developers of low-income and medium-income residential projects
Mortgage-backed bonds issued by savings associations
40. 40 Endowment Funds Provides a permanent source of income
Managers responsible to develop income while preserving capital
Perfect vehicle for real estate finance—REMIC
41. 41 Private Loan Companies Usually deal in junior finance
Often charge higher than market interest rates
Must adhere to Truth-In-Lending laws
42. 42 California Real Property Loan Law Limits on amount of commission and fees that can be charged for making or arranging a hard money loan.
43. 43 Individuals Sellers as lenders
Families as lenders
Other lenders
44. 44 Conventional, Insured, and Guaranteed Loans
Chapter 5
45. 45 Conventional Loans (1 or 2) Fixed-Rate Loans
Interest-0nly Loans
Private Mortgage Insurance (PMI)
Permanent/Temporary (Escrow) Buydown Plan
Borrower’s Qualifications
Other Conventional Loan Programs
Zero Money Down Payment
46. 46 Conventional Loans (2 or 2) Reduced Paperwork
Jumbo Loans
Home Equity and Home Equity Line of Credit (HELOC)
Automatic Rate Reduction
Subprime Loans
47. 47 Predatory Lending Flipping
Packing
Charging excessive fees
48. 48 Home Ownership and Equity Protection Act of 1994 Addresses deceptive and unfair practices in home equity lending.
49. 49 Refinancing Existing Conventional Loans Costs of refinancing are unregulated and vary dramatically among lenders.
50. 50 Electronic Real Estate Loan Services Borrower can arrange for a residential loan on the computer
Still requires filing of a loan application and the probably submission of ancillary documents such as bank statements and annual income tax reports.
51. 51 FHA Organization and Requirements Lenders must grant long-term, self-amortizing loans at market interest rates
All properties must meet minimum standards of acceptability
Careful loan application review
Comprehensive written appraisal report on property
Borrower required to receive and sign a form entitled “For Your Protection: Get a Home Inspection”
52. 52 FHA Program Summary Not a direct lender
Reduced the down payment obstacle for cash-short borrowers
Helps stabilize the mortgage market
53. 53 Existing FHA Programs Title I—light or moderate rehabilitation of properties; manufactured homes, developed lot, or combination of lot and home.
Title II
Section 203(b)—Mortgage Insurance for One-Family to Four-Family
Section 203(k)—Rehabilitation Mortgage Insurance
Section 234(c)—Mortgage Insurance for Condominium Units
Section 251—Insurance for Adjustable Rate Mortgages
Other Title II programs
54. 54 Special HUD/FHA Programs Energy Efficient Mortgage (EEM)
Home Equity Conversion Mortgage (HECM)
Officer Next Door
Teacher Next Door
Homeownership Vouchers
Native American Housing
55. 55 Underwriting Guidelines Maximum Loan Limitations
Down Payment Requirements
Borrowers’ Income Qualifications
Mortgage Insurance Premium (MIP)
Allowable Closing Costs
Second Mortgage/Buydowns
56. 56 Frequently Used FHA Loans Section 203(b): One-Family to Four-Family Mortgage Insurance
Section 234(c): Mortgage Insurance for Condominium Units
Section 251: Insurance for Adjustable-Rate Mortgages
Section 203(k): Rehabilitation Mortgage Insurance
Streamline Refinance
57. 57 Additional FHA Issues Direct Endorsement and Coinsurance
Advantages of FHA Mortgage
FHA Contributions to Real Estate Finance
58. 58 The U.S. Department of Veterans Affairs Real Estate Loan Guarantee Program Program Application
Eligibility/Entitlement
Certificate of Eligibility
Partial Entitlement
Certificate of Reasonable Value
Interest
Income Qualifying Requirements
Closing costs—may not be included in DVA loans
Funding Fee
Second Mortgages
Buydowns
Assumptions
Release of Liability/Novation
59. 59 Additional DVA Loan Guarantee Programs DVA Adjustable-Rate Mortgage (ARM)
DVA Streamline Refinance
Cash Out Refinance
Conventional to DVA Mortgage
60. 60 California Veterans Home and Farm Purchase Program (CAL-VET) Funding and title
Eligibility requirements
All veterans are eligible
90 days active service or meet other qualifications
Honorable discharge
Active service within designated periods
Veteran receiving approved medals during peacetime may also qualify
Unremarried spouses of veterans killed in active duty also eligible
61. 61 California Veterans Home and Farm Purchase Program (CAL-VET) Qualifying procedures
Maximum property values on single family homes, condos and mobile homes on owned lots
Maximum for manufactured homes
Maximum for self-supporting farms and ranches
Downpayment differs depending on type of loan
Most loans amortized over 30 years
Fixed an variable rate loans available
Insurance against floods and earthquakes required
Special Conditions
New construction
Funds for Refinancing
Junior financing
Occupancy
Others
62. 62 Financial Agencies and Lending Programs
Chapter 6
63. 63 Agricultural Lending Need for flexibility
Open-end mortgages
Moratorium on payments
64. 64 The Farm Credit System (FCS) Farm Credit Administration (FCA)
Federal Agriculture Mortgage Corporation (Farmer Mac)
Farm Credit Leasing Services
Farm Credit Council
The U.S. Department of Agricultural Rural Development Program (USDA Rural Development)
65. 65 U.S. Department of Housing and Urban Development (HUD) U.S. Department of Housing and Urban Development (HUD)
Supervises the Federal Housing Administration (FHA)
Directs Ginnie Mae
Oversees Fannie Mae and Freddie Mac operations
Enforces fair housing and RESPA regulations
Manages the Housing Choice Voucher Program
Manages the Indian Housing Act
Regulates interstate land sales registration, urban renewal, and rehabilitation programs
Supervises public housing projects
66. 66 HUD Strategic Plan Increase home ownership opportunities
Promote decent affordable housing
Strengthen communities
67. 67 HUD: Additional Responsibilities Regulation of Fannie Mae and Freddie Mac
Urban renewal
Subsidized housing
Community Development Block Grants (CDBG)
Public Housing
68. 68 The Real Estate Settlement Procedures Act (RESPA) Disclosures under RESPA
Disclosures before Settlement Closing
Disclosures at Settlement
Disclosures after Settlement
69. 69 The Federal Equal Credit Opportunity Act (ECOA) Prohibits lenders from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or dependency on public assistance.
70. 70 Interstate Land Sales Established criteria for the dissemination of vital information to potential buyers of residential land.
71. 71 Federal Legislation Fair Housing Act
Uhruh Civil Rights Act (Civil Code Section 51)
Community Reinvestment Act
The Home Mortgage Disclosure Act
Truth-in-Lending (Regulation Z)
Advertising
Right of rescission
Usury Laws
Usury Laws
Federal
California
72. 72 State Financing Agencies Industrial Development Agency
Community Redevelopment Agency (CRA)
Tax-increment financing
Mortgage revenue bonds
Special assessments
73. 73 The California Housing Finance Agency (CHFA) Programs provide below-market, fixed-rate financing for first-time homebuyers.
The Home Purchase Assistance Program
The Matching Down Payment Program
Other CHFA Programs
74. 74 City Of Los Angeles Home Mortgage Program Provides mortgage loans to low-income and moderate-income first-time homebuyers who wish to purchase from selected new homes and condominiums.
75. 75 The Housing Financial Discrimination Act of 1977 (Holden Act) Offsets illegal practice of redlining
Prohibits discrimination
76. 76 Junior Loans in Real Estate Finance
Chapter 7
77. 77 Junior and Senior Liens Distinguishing first and junior lien by date and time of recording
Increase of junior financing by thrifts and commercial banks
Secondary market for junior finance
Junior financing provides funds for land developers to pay for offsite improvements
78. 78 Anatomy of a Second Mortgage/Deed of Trust Second deed of trust is in junior position to an existing senior loan
Junior loan holder in higher-risk position
In event of default, senior lender will usually give junior lender a chance to make delinquent payments
Causes protect junior lien holder’s position against that of senior lender
Junior loan risks
Junior Loan interest rates and usury
79. 79 Home Equity Loans Offered by many lenders
Interest is tax deductible, unlike interest on consumer debt, which is not
Attractive interest rates, sometimes for only short period of term
Face high default rates when economy slows
Freddie Mac has program for purchase of secured home improvement loans
80. 80 Loan Terms and Note Payments
Chapter 8
81. 81 Interest Simple Interest—paid only on the amount of principal still owed.
Term Loan—requires payments of interest only with the entire principal being repaid at a specified time.
Amortization—payments include portions for both principal and interest.
Distribution of Principal and Interest
82. 82 Variations in Payments and Interest Rates Graduated-Payment Mortgage (GPM)
Adjustable-Rate Mortgage (ARM)
Adjustment periods
Initial rate
Note rate
Qualifying rate
Index
Margin
Interest rate caps
Payment caps
83. 83 Innovative Payment Plans The 15-Year Mortgage
Reverse Annuity Mortgage (RAM)
Fannie Mae Senior Housing Program
Fannie Mae’s Two-Step Mortgage Plan
84. 84 Variations in Formats Open-End Mortgage
Construction Mortgage
Blanket Mortgage
Release Clauses
Leasehold Mortgage
Package Mortgage
Manufactured Home Mortgages
Purchase-Money Mortgage
Hard-Money Mortgage (Equity Mortgage)
Bridge Loan
Wraparound Encumbrance (Wrap)
Mortgage Participation
85. 85 Tax-Deferred Mortgage Lending Installment Sales
Option to Buy
Lease with Option of Buy
Exchanges—Internal Revenue Code Section 1031
86. 86 Instruments of Real Estate Finance
Chapter 9
87. 87 Terminology Encumbrance—right or interest in a property held by one who is not the legal owner of the property.
Lien is a financial encumbrance.
Lien—defined as a charge against a specific property wherein the property is made the security for the performance of a certain act, usually the repayment of a debt.
Voluntary liens and involuntary liens; general and specific liens.
88. 88 Interests Secured by a Real Estate Loan Fee simple ownership; Less than fee simple ownership; Personal property, trade fixtures
Title and Lien Theories
Equitable rights
Title theory
Redemption right
Statutory redemption period
Lien theory recognizes the rights of lenders in collateral property being equitable rights, while borrowers retain their legal rights in the property.
California has taken modified position between the title and lien theories.
General Requirement for a finance instrument
89. 89 Note and Deed of Trust (Trust Deed) Deed of Trust—evolved to become the dominant security instrument for financiers of California real estate.
Advantage of trust deed over mortgage is shorter foreclosure period.
Judicial foreclosure; nonjudicial foreclosure; power-of-sale clause; naked title; beneficiaries.
90. 90 Note Secured by Deed of Trust Date signed
Participants’ identities
Promise to pay
Payment due dates
Amount and terms
Reference to security
Signatures and endorsements
Cosigners
91. 91 Deed of Trust Executed by the trustor to transfer a form of legal fee ownership to the trustee to be held for the beneficiary, while the trustors maintain their equitable ownership.
92. 92 Covenants of California Deed of Trust Preservation and maintenance
Fire insurance
Legal action
Taxes and assessments
Beneficiary and trustee expenditures
Condemnation
Late payments
Reconveyance
93. 93 Note and Mortgage Note Secured by a Mortgage
Mortgage
Recording information
Participants
Pledge
Property description
Covenant of seisin
Note attachment
Mello-Roos disclosure
Property taxes
Insurance
Defeasance clause and acceleration
Maintenance of the collateral
Signatures and acknowledgement
Release of mortgage
94. 94 Real Property Sales Contract (Land Contract) Single, complete financing and sales agreement executed between buyer and seller.
95. 95 Special Provision in Real Estate Finance Instruments Late payment Penalty
Prepayment Privilege
Prepayment Penalties
Lock-In Clause
Due-On-Sale Clause
Assumption Versus Subject To
Subordination Clause
Release Clause
Extensions and Modifications
96. 96 Contracts Used in the Real Estate Business (cont.) Listing agreements
Sales contracts
Offer and acceptance
Equitable title
Destruction of premises
Earnest money deposits
Cooperative apartment contracts
Condominium sales
Option agreements
Land contracts
Local forms
Recission
97. 97 Real Estate Loan Underwriting
Chapter 10
98. 98 Underwriting Estimating the value of the property being pledged as collateral to guarantee repayment and determining the ability of a borrower to repay the loan.
99. 99 Definition of Value Value in use
Value in exchange
Subjective value
Objective value
Market value
100. 100 Appraisal Estimate of property’s value at a specific point in time.
101. 101 The Appraisal Process Drive-by appraising
Defining the appraisal problem
Determining the purpose for the appraisal
Examining the neighborhood and property being appraised
Collecting the pertinent data
Applying approaches to estimate value
Reconciling values estimated
Preparing the report
102. 102 Appraisal Approaches Direct Sales Comparison Approach
Cost Approach
Income Capitalization Approach
Gross Rent Multiplier (GRM)
Reconciliation of Data and Opinion of Value
103. 103 Qualifying the Borrower The loan application
Financial statement
Assets
Liabilities
Net worth
Data verification
Deposits
Employment
Credit report
Credit evaluation
Credit scoring
Loan qualifying income ratios
104. 104 Processing Real Estate Loans
Chapter 11
105. 105 Qualifying the Title Notices—constructive notice and actual notice
Abstracts and Opinion of Title
Title Insurance
Title Faults
Surveys
106. 106 Disclosures in California Real Estate Transactions Real estate transfer disclosures
Delivery of a pest control inspection report
Disclosure of geological hazards
Disclosure of hazardous waste deposits
Thermal insulation disclosure
Special flood area disclosure
Special city and country ordinances
Foreign investment real estate tax
Condominium documents disclosure
Disclosure for real property loans
107. 107 Costs of Securing a Loan RESPA requires good-faith estimate
Points
Placement or origination fee
Impound funds (escrow accounts)
Property taxes
Hazard insurance
Title insurance
Mortgage insurance
Assessment liens
Interest adjustments
Prepayment penalties
108. 108 Additional Costs Prorations
Interest
Property taxes
Insurance premiums
Additional prorations
109. 109 Additional Processing Concerns Closing Statements
Servicing the Loan
Assignment of the Loan
110. 110 The Secondary Mortgage and Trust Deed Markets
Chapter 12
111. 111 Introduction to Secondary Market Originators of new loans are called primary lenders
Most loans created by primary lenders are sold in the secondary market
Lenders acquire money for new loans; avoid the risk of holding long-term fixed interest loans
Some keep loan servicing responsibilities; high tech approach has removed personal interaction between lenders and borrowers
Emergence of securitization of pools of mortgage loans
112. 112 Fannie Mae (formerly the Federal National Mortgage Association) Originally a government agency
Created to buy FHA-insured loans issued in the Depression
Bought loans at par to stimulate economic recovery
113. 113 Fannie Mae Charter of 1954 Allowed Fannie Mae to sell as well as to buy loans
Financed by private capital
National secondary mortgage market operations to provide liquidity for mortgage investments
114. 114 Housing and Urban Development Act of 1968 Fannie Mae reorganized as a private corporation
Creation of Ginnie Mae, established for special assistance programs
Administered price system allows Ginnie Mae to adjust its required yields daily in accordance with market factors and its financial needs
Fannie Mae Mortgage-Backed sold on international markets
115. 115 Underwriting Standards for Conventional Loans Sold to Fannie Mae Conforming and nonconforming loans
Automated underwriting system
Credit scoring
116. 116 Other Fannie Mae Programs Fannie Mae Mortgage Solutions
Community Lending Mortgage Products
Office of Federal Housing Enterprise Oversight
117. 117 Freddie Mac Created in 1970 to offset credit crunch for the savings associations
118. 118 Organization of Freddie Mac Established with an initial subscription from the 12 Federal Home Loan district banks
Under direction of three members of Federal Home Loan Bank Board
Authorized to raise additional funds by floating its own securities
Since 1989, became independent stock company in direct competition with Fannie Mae
119. 119 Freddie Mac Mission To make it possible for Americans to obtain affordable mortgage loans; dedicated to expanding minority home ownership in the United States.
120. 120 Freddie Mac Operations Purchases conventional loans; FHA-insured and VA-guaranteed loans
Obtains funds by selling securities, referred to as participation certificates (PCs), and debt instruments to investors worldwide.
121. 121 Freddie Mac Systems and Programs Underwriting Standards
Electronic Underwriting System
Risk-Based Loan Pricing
Fixed-Rate Mortgages
Adjustable-Rate Mortgages (ARMs)
Affordable Housing Products and Programs
122. 122 Ginnie Mae Government National Mortgage Corporation, created in 1968 to provide financing for special assistance programs and operate the securities pool.
123. 123 Ginnie Mae Operations and Programs Works with issuers of mortgage-backed securities and investors/sponsors of mortgage-backed securities
Does not buy or sell loans or issues mortgage-backed securities
Guarantees that investors will receive timely payments of principal and interest primarily on MBS’s based on FHA or VA loans.
Ginnie Mae Mortgage-Backed Securities
124. 124 Farmer Mac Federal Agricultural Mortgage Corporation (FAMC)
Mission is to improve the availability of long-term credit at stable interest rates to America’s farmers, ranchers, rural homeowners, businesses, and communities.
Purchases qualified loans from agricultural mortgage lenders
125. 125 The Real Estate Mortgage Investment Conduit (REMIC) Conduit, holding fixed pools of mortgages that back securities collateralized by the mortgage cash flows.
Tranches or ownership interests to meet investor needs and respond to market conditions.
Interest-only (IO); Principal only; commercial mortgage-backed (CMBS).
126. 126 Secondary Market for Junior Financing Loans Small private lending companies originate new junior loans and buy and sell existing second liens.
States require that private mortgage finance companies dealing in financial securities be licensed and post bonds to protect the public from illegal activities.
Growing secondary market for the sale of land contracts.
Fannie Mae’s Simultaneous Second Mortgage program
Freddie Mac’s Supplemental Mortgage
127. 127 Loan Defaults and Foreclosures
Chapter 13
128. 128 Defaults Breach of one or more of the conditions or terms of a loan agreement.
Acceleration clause
Lenders seek to avoid foreclosure
Acceleration and foreclosure as last resort
Delinquencies
Principal and interest
Grace period
Late period charge
Property taxes
Other liens
Hazard insurance
Poor property management
129. 129 Adjustments Workouts
The Soldiers and Sailors Civil Relief Act of 1940
The Housing Act of 1964
Avoiding a foreclosure
Moratoriums (forbearance) and recasting
Voluntary conveyance of deed
130. 130 Foreclosures Process to recover lender’s collateral—borrower’s rights of redemption are eliminated and all interests in the subject are removed.
131. 131 Foreclosures Equitable redemption period
Strict forfeiture
Statutory redemption period
Power-of-Sale Foreclosure
Deeds of trust
Judicial Foreclosure and Sale
132. 132 Investment Financing Strategies
Chapter 14
133. 133 Sale-Leaseback Owner of property sells it to an investor and, at the same time, leases it back.
Seller-lessees retain possession while obtaining full sales price; free capital frozen in equity
Investor-landlord receives fair return on and of the investment in the form of rent during the lease term and ownership of a depreciable asset already occupied by a “good “ tenant; buying guaranteed income stream that can be sheltered through proper use of allowable deductions.
134. 134 Seller Refinances Prior to the Sale Seller can refinance the property in order to secure a loan that can be assumed by the buyer.
135. 135 Trading on Seller’s Equity Buyer refinances property instead of assuming the existing loan
136. 136 Equity Participation Sale-Buyback
Splitting ownership
Joint ventures
137. 137 Tax-Deferred Financing Realized capital gains—the difference between the total consideration received and the adjusted book basis of the property transferred.
Recognized capital gains—profits that are actually taxable.
Owners can refinance their properties during their lifetimes, generating tax-deferred dollars for reinvestment. At time of death, properties receive step-up basis to fair market value and could be distributed to heirs free of potential income tax on any appreciation to time death.
Pyramiding through refinancing.
Option to buy—Option compared to installment sale
Lease with option to buy
Lease option
Right of first refusal
Distribution to Heirs
Federal estate tax
California inheritance tax
Gift tax
138. 138 Mathematics of Real Estate Finance
Chapter 15
139. 139 Interest Rent—paid for the use of money
140. 140 Simple Interest Paid only on the amount of principal still owed
Interest ceases on principal repaid
Derived from I=PRT
141. 141 Add-On Interest Rent paid on the entire amount of principal for the entire period
Disregards any principal repaid
Acts to almost double contract rate
Derived from AIR=2IC/P (n+1)
142. 142 Nominal and Effective Rates of interest Nominal rate of interest is contracted rate
Effective rate of interest includes additional costs, charges and discounts
143. 143 Compound Interest Interest paid on interest earned
144. 144 Compound Worth of an Annuity Calculating the future worth of a series of regular deposits, each made at the beginning of a period
145. 145 Time Value of Money Money not received until some time in the future is worth less today
Present worth of money
Present worth of an annuity
146. 146 Payment Schedules Amortization—The systematic repayment of a debt
Annual payments
Monthly payments
Loan constants
Distribution of principal and interest
Total interest costs
147. 147 Measuring Profitability Breakeven Analysis
Return on Investment (ROI)
Lender’s Profitability Calculations
Investor’s Profitability Calculations
Net Present Worth Method
148. 148 Discounting Trust Deeds and Mortgages Point: one percent of loan amount
Rule-of-thumb method
Discount cash flow method