Predatory Lending & Mortgage Agreements
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Questions and Answers

A borrower secures a blanket mortgage to finance the purchase of multiple properties within a new subdivision. Which scenario would MOST likely trigger the release clause associated with this type of loan?

  • The borrower leases one of the properties to a tenant for a period exceeding one year.
  • The borrower refinances one of the properties with a different lender to secure a lower interest rate.
  • The borrower sells one of the individual lots or properties within the subdivision. (correct)
  • The borrower makes significant renovations to one of the properties, increasing its market value.

A homeowner is considering refinancing their existing mortgage. Which factor would LEAST likely influence their decision to refinance?

  • The presence of an alienation clause in their current mortgage.
  • The homeowner's anticipated future income and expenses.
  • Fluctuations in the stock market performance. (correct)
  • Current prevailing interest rates in the market.

What is the primary risk associated with a balloon mortgage for a borrower?

  • The potential for prepayment penalties if the loan is paid off early.
  • The inability to sell the property without the lender's consent.
  • Fluctuating interest rates that can dramatically increase monthly payments.
  • The requirement to make a large lump-sum payment at the end of the loan term. (correct)

A lender is evaluating a property's potential for generating income. They determine the net operating income (NOI) is $50,000 and the property's value is $625,000. What is the capitalization rate?

<p>8% (C)</p> Signup and view all the answers

Which of the following is the MOST significant risk associated with predatory lending practices?

<p>Borrowers may be steered towards loans with unfavorable terms that they cannot afford, leading to foreclosure. (B)</p> Signup and view all the answers

A borrower is having difficulty making their mortgage payments due to a temporary job loss. Which of the following options would provide a short window of reprieve without penalty?

<p>Grace Period (A)</p> Signup and view all the answers

How do discount points impact a mortgage?

<p>They lower the interest rate on the loan. (B)</p> Signup and view all the answers

What is the primary purpose of an alienation clause in a mortgage?

<p>To protect the lender's interest by requiring full repayment of the loan if the property is sold. (C)</p> Signup and view all the answers

Which of the following best describes a graduated payment mortgage?

<p>A mortgage featuring payments that start low and increase over time to a final level. (A)</p> Signup and view all the answers

What is the Loan-To-Value (LTV) ratio primarily used for in mortgage lending?

<p>To express the ratio of the loan amount to the appraised value of the property. (D)</p> Signup and view all the answers

What happens when negative amortization occurs on a mortgage?

<p>The outstanding balance of the loan increases because the payment is less than the interest owed. (D)</p> Signup and view all the answers

A homeowner is applying for a loan and the lender quotes them '3 points'. How does this affect the loan?

<p>The homeowner will pay an additional 3% of the loan amount as a fee. (C)</p> Signup and view all the answers

What is the main purpose of the Truth in Lending Act (Regulation Z)?

<p>To standardize the manner in which borrowing costs are calculated and disclosed. (C)</p> Signup and view all the answers

Which of the following best defines 'red-lining' in the context of real estate and lending?

<p>The illegal practice of refusing to lend money within a specific geographic area. (B)</p> Signup and view all the answers

What role does the secondary mortgage market play in the housing finance system?

<p>It buys and sells existing mortgage loans, providing liquidity to the primary market. (D)</p> Signup and view all the answers

Which of the following is the most accurate definition of 'margin' in the context of an adjustable-rate mortgage (ARM)?

<p>The fixed amount of interest a bank charges above the index rate. (A)</p> Signup and view all the answers

A prepayment penalty clause in a mortgage contract is designed to:

<p>Compensate the lender if the borrower pays off the mortgage early. (B)</p> Signup and view all the answers

How does inflation generally affect mortgage interest rates?

<p>Inflation typically causes mortgage interest rates to increase. (C)</p> Signup and view all the answers

Flashcards

Predatory Lending

Unfair, deceptive, or fraudulent practices by lenders during loan origination.

Point (Loan Fee)

A loan fee equal to one percent of the mortgage amount.

Acceleration Clause

A term for paying off a mortgage loan faster than required.

Adjustable Rate Mortgage (ARM)

Mortgage with an interest rate that adjusts periodically based on a market index.

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Alienation Clause

Allows the lender to require full loan repayment if the property is sold.

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Amortization

The process of decreasing a loan principal over its life.

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Balloon Mortgage

A mortgage leaving a balance due at maturity since it does not amortize over the loan.

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Default

Failure to pay back a loan.

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Graduated Payment Mortgage

Payments start low and increase over time.

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Home Equity Loan

A loan secured by the borrower's home equity.

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Inflation

The rate at which prices rise, decreasing purchasing power.

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Lifetime Cap/Ceiling

Limits how much the interest rate can increase over the loan's life.

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Loan To Value Ratio (LTV)

Ratio of loan amount to the asset's value.

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Margin

Extra interest charged above the base rate on a loan.

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Mortgage Insurance Premium (MIP)

Insurance protecting the lender if the borrower defaults.

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Mortgagor

Borrower fails to pay the mortgage payments.

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Primary Mortgage Market

The Primary Market is where the money is provided to the borrower.

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Promissory Note

Signed promise to pay a specific amount.

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Study Notes

  • Predatory lending involves unfair, deceptive, or fraudulent practices by lenders during loan origination.

Loan Specifics and Fees

  • A point is a loan fee equal to 1% of the mortgage amount.
  • Sub-prime loans often feature high interest rates, high closing costs, hidden fees, and balloon payments.
  • They are often geared towards unqualified buyers and involve frequent refinancing ("flipping").

Mortgage Agreement Terms

  • An acceleration clause allows for faster mortgage loan repayment than the original terms.
  • An adjustable-rate mortgage (ARM) has an interest rate that adjusts periodically based on a market index.
  • An alienation clause (or "due on sale" clause) allows the lender to demand full loan repayment if the property is sold.
  • Assignment is the transfer of a right or contract from one person to another.

Types of Mortgages

  • Amortization is the process of decreasing a loan principal over its life.
  • A balloon mortgage does not fully amortize, leaving a balance due at maturity.
  • A blanket mortgage finances the purchase of multiple properties, commonly used for subdivision financing.
  • A bridge loan is a short-term loan, typically lasting from 2 weeks to 3 years.
  • A buydown involves paying additional points to the lender to secure a lower interest rate.
  • A construction mortgage finances the construction of improvements or buildings on a property.
  • A conventional mortgage is secured by real property through a mortgage note.
  • A graduated payment mortgage features payments that gradually increase from a low initial level to a final level.
  • A home equity loan is secured by the borrower's equity in the property.
  • A package mortgage finances the purchase of a home and personal items like appliances.
  • A pledged account mortgage (PAM) uses a savings account to gradually reduce mortgage payments.

Financial Metrics and Considerations

  • Capitalization rate relates net operating income to present value (Value = Income / Rate).
  • Default is the failure to repay a loan.
  • Discount points represent prepaid interest, with one point equaling 1% of the loan amount.
  • The "due on sale" clause, also known as an alienation clause, allows a lender to demand full loan repayment if the property is sold.
  • FHA mortgages are backed loans that typically require a lower down payment and may have lower interest rates.
  • A grace period is a time extension past a payment deadline without penalty.
  • Inflation is the rate at which the price level of goods and services is rising, decreasing purchasing power.
  • Interest and tax deductibility can reduce the income subject to tax, especially expenses incurred to produce income.
  • Lifetime caps/ceilings limit the maximum interest rate on some mortgages.
  • Loan-to-value ratio (LTV) expresses the ratio of a loan to the value of the purchased asset.
  • Margin is the amount of interest a bank charges on a loan over the base rate.

Mortgage Insurance

  • Mortgage insurance premium (MIP) is paid by a mortgagor for mortgage insurance, either to a government agency like the FHA or to a private company.
  • Private Mortgage Insurance (PMI) is payable to a lender or trustee for a pool of securities and may be required when taking out a mortgage loan.

Parties Involved

  • A mortgage is a legal agreement where a bank lends money in exchange for the property title, voided upon debt payment.
  • The mortgagor is the borrower, typically a homeowner.
  • The mortgagee is the lender or bank providing the loan.

Other Important Concepts

  • Negative amortization occurs when the loan payment is less than the interest charged, increasing the outstanding loan balance.
  • A prepayment penalty clause assesses a penalty if the mortgage is prepaid within a certain time.
  • The primary mortgage market includes borrowers and mortgage originators like brokers, bankers, credit unions, and banks.
  • The secondary mortgage market involves buying and selling mortgage loans and servicing rights between originators, aggregators, and investors.
  • A promissory note is a signed document promising to pay a stated sum to a specified entity on a specified date or on demand.
  • Redlining is the illegal practice of refusing to lend money within a specific area.
  • Regulation Z is the Truth in Lending Act, requiring disclosures about credit terms and costs.

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Description

Explanation of predatory lending practices, including unfair loan terms and hidden fees. Covers mortgage agreement clauses like acceleration and alienation, and different mortgage types such as adjustable-rate and balloon mortgages. Discusses amortization and assignment processes.

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