Chapter 8

1. 245 Chapter 8 REAL ESTATE FINANCE

2. 245 • Real Estate is expensive compared to most other possessions. A Buyer generally puts 20% down and must obtain a loan for the remaining 80% of the purchase price.

3. 245 Leverage - • The practice of purchasing real estate using a small amount of your own money and a larger proportion of borrowed funds.

4. 248 I. HYPOTHECATION

5. 245

6. 248 II. THE PROMISSORY NOTE

7. 248 • A Promissory note is the basic instrument used to evidence an obligation or debt. • Principal is the dollar amount of the loan. • Interest is the rent charged for the use of the money.

8. 248 A. Straight Note - • Is a promissory note in which a borrower repays the principal in one lump sum, at maturity, while interest is paid in installments or at maturity.

9. 248-249 B. Installment Note (with a balloon payment) - • Periodic payment of principle and interest with a large payment at the end (maturity date or due date).

10. 249 C. Fully Amortized Installment Note - • Periodic payments of principal and interest in equal installments until the debt is paid in full. • The most commonly used type of note in California.

11. 250 III. NEGOTIABLE INSTRUMENTS

12. 250 • A NEGOTIABLE INSTRUMENT is any financial document (promissory note, check, or other) that can be passed easily from one person to another, if it meets certain legal requirements.

13. 250 Promissory Notes, Checks, Others - • Negotiable instruments must be: • an unconditional promise • in writing • made by one person to another • signed by the maker • payable on demand • for a set amount of money.

14. 251 B. Holder in Due Course - • One who has taken a negotiable instrument from another, in good faith, without knowledge of defect.

15. 251 IV. IMPORTANT CLAUSES IN FINANCING INSTRUMENTS

16. 251 A. Acceleration Clause - • Upon occurrence of a specific event, the lender has the right to demand immediate payment of the entire note.

17. 251 B. Alienation Clause (Due on Sale) - • The entire loan becomes due and payable when the property is sold, assigned, transferred, or otherwise alienated.

18. 251 C. Assumption - • Buying a property that is already encumbered and accepting responsibility, with the lender’s consent, for the full payment of the loan.

19. 252 Taking title SUBJECT TO - • Buying a property and taking over payment of existing loans on behalf of the seller who is still responsible to the lender because the loan is still officially in his or her name.

20. 252 D. Subordination Clause - • Allows for a future change in the priority of financial liens on a property.

21. 252 E. Prepayment Penalties - • Charges to the borrower for paying off a loan before the due date.

22. 252 F. Impound Accounts (Reserves) - • Moneys collected in advance from borrowers to assure the payment of recurring costs, such as property taxes and fire insurance.

23. 253 G. Assignment of Rents - • Allows a lender, upon default of the borrower, to take possession of the property, collect rents, and pay expenses.

24. 253 V. INTEREST AND TYPES OF LOANS

25. 253 A. Interest - • The lender's charge for borrowing money. • NOMINAL INTEREST RATE – is the rate stated in the note. • EFFECTIVE INTEREST RATE – is the rate the borrower is actually paying (including interests, points, and loan fees). I = P x R x T Interest = Principal x Rate x Time

26. 253 B. Fixed Interest Rates - • Payments are the same each month for the life of the loan.

27. 253 C. Amortization Payments - • The repaying of a loan (principal and interest), in regular payments, over the term of the loan.

28. 254

29. 254 Negative Amortization - • The interest rate charges are higher than the monthly payment.

30. 254 D. Adjustable Rate Mortgage (ARM) - • A loan in which the interest rate fluctuates periodically, based on a specific index, which makes the payment amount also change.

31. 257 E. Some Special Purpose Types of Loans • Graduated Payment Mortgage - A fixed rate loan where payments early on are low, but increase later to a higher level. • Biweekly Mortgage (26 Payments) - A fixed interest rate loan for which the payments are made every two weeks, but each payment is one-half the amount of a regular monthly payment.

32. 257 • 15-Year Fixed and Adjustable Rate Loans - Loans gaining in popularity because, for a slight increase in the monthly payment, the loan can be paid off in only 15 years. • Reverse Annuity Loans (Seniors Who Need Income) - loans in which the lender pays the borrower a fixed monthly payment based on the value of the property. The loan is not repaid until the last owner dies or the property is sold, at which time it is paid back through probate.

33. 257 VI. POINTS, LOAN FEES, AND USURY

34. 257 A. Points - • A originationfee of 1% of the principal loan amount which the borrower pays to the lender.

35. 258 B. Loan Fees - • The fee charges by the lender in order to apply for a loan.

36. 258 C. Usury - • Charging more than the legally allowed percentage of interest. • The constitutional rate in California is 10%, or 5% above the Federal Reserve Bank of San Francisco, whichever is higher. • Most public sources of real estate funds are exempted from usury limits, including agreements arranged through brokers and salespeople. www.frbsf.org Federal Reserve Bank of San Francisco

37. 258 VII. SECURITY DEVICES

38. 259 A. Mortgage - • A financial instrument, in the form of a lien, that secures a property for payment of a promissory note (rare in California)

39. 259 Parties to a mortgage: • Mortgagor - party who is borrowing. • Mortgagee - lender and holds title to the property.

40. 259 1. Power of Sale Clause - • Allows mortgagee to sell property without a court proceeding if mortgagor is in default.

41. Parties a. Mortgage - two b. Trust Deed - three Title a. Mortgage - does not convey title, it creates a lien. b. Trust Deed - title conveyed to a trustee (is in effect a lien). Statute of Limitations a. Mortgage - mortgagee has 4 years to start foreclosure. b. Trust Deed - no time limit. Remedy for Default a. Mortgage - foreclosure only remedy, unless there is a power of sale clause. Redemption period - 1 year. b. Trust Deed - entire process takes 4 months. 259-262 2. Mortgages Compared to Trust Deeds

42. 262 3. Trust Deeds are Preferred to Mortgages • Fewer restrictions for lender. • Short period of redemption. • Immediate possession (wipes out trustor’s interest). • California law favors lenders who use trust deeds.

43. 262 B. Trust Deed - • A security device that makes real property collateral for a promissory note. Rare in California. • Parties to a trust deed: a. Trustor - the party who is borrowing the money. a. holds equitable title to the property. b. is entitles to ownership, use and possession. b. Beneficiary - the lender. c. Trustee - the third party who must sell the property for the beneficiary if the trustor defaults. 1. generally a title insurance company. 2. holds legal title only (“bare naked title”) until trust deed is paid in full).

44. 265

45. 266 3. Deed of Reconveyance (Proof of Payment in Full) - • Provides proof that a promissory note and the accompanying trust deed have been paid in full.

46. 266 VIII. DEFAULT AND FORECLOSURE OF A TRUST DEED

47. 266 A. Default on a Trust Deed - • A borrower's failure to make payments and properly repay the loan.

48. 266 Grace Period - • A set number of days in which a lender will allow payments to be late without any penalty.

49. 269 Notice of Default - • Trustee files this legal notice and has it recorded and published to inform the trustor (borrower) and other interested parties that a default or foreclosure action has started.

50. 269 B. Trustor’s Right of 1. Reinstatement Period - • The three-month period during which the trustor may reinstate the loan by paying 1. All past-due: • Payments • Penalties • Taxes • Interest. 2. Any other costs to the beneficiary. 3. All costs and fees owed the trustee.