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Unit 12
Real Estate Finance
| Term | Definition |
|---|---|
| Deed of Trust | a deed to real property, which serves the same purpose as a mortgage, involving 3 parties instead of 2. The 3rd party hold naked title for the benefit of the lender |
| Lien Theory State | mortgage creates a lien right on the mortgagee with the mortgagor retaining the title |
| Title Theory State | borrower gives legal title to the lender during the time of the loan; borrower keeps a possessory right to the home; states in which a mortgage actually conveys title subject to a condition |
| 2 parts to a mortgage loan: | 1) a promise to pay 2) collateral |
| promissory note | the promise to repay the debt, defines payment terms, interest rate, date of repayment, prepayment penalties, purchase price and penalty if default |
| a mortgage does not mean money, it means: | the collateral for a loan; the collateral pledged to satisfy the debt; a collection of mortgage instruments |
| mortgage instruments | papers which pledge the property as collateral |
| 2 types of security instruments for a real estate loan | 1) a mortgage 2) Deed of Trust |
| 2 parties to a mortgage: | 1) mortgagor (borrower) who gives a mortgage |