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Chapter 5

Real Estate
Finance Instruments

Mortgage Lending P&P 3rd Edition/Updated Nov. 6, 2009 1


Chapter 5: Real Estate Finance Instruments

Overview

• “Instruments" are written documents


– integral part of most real estate financing
transactions
– promissory notes, trust deeds, mortgages, types
and features of mortgages, and land contracts
• Types and features of mortgages
– typical clauses in each

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Chapter 5: Real Estate Finance Instruments

Key Terms

• Acceleration • Equitable Right of


Clause Redemption
• Alienation Clause • Equitable Title
• Hypothecate
• Balloon Payment • Judicial
• Construction Foreclosure
Loan

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Chapter 5: Real Estate Finance Instruments

Key Terms

• Land Contract • Security


• Mortgage Instrument
• Negotiable • Subordination
Instrument Clause
• Trust Deed

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Chapter 5: Real Estate Finance Instruments

Finance Instruments

• Legal documents that establish the rights


and duties of all parties involved in a
transaction
• Two types of real estate finance documents:
1. Financing instrument (promissory note)
2. Security instrument (mortgage)

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Chapter 5: Real Estate Finance Instruments

Promissory Notes

• Instruments that evidence a promise to pay a


specific person within a specific time frame
− A written promise to pay money
• One promising to pay is the “maker,” usually
buyer
• One to whom payment is promised is the
“payee,” usually lender, which can also be the
seller

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Chapter 5: Real Estate Finance Instruments

Promissory Notes

• Basic evidence of debt, showing who owes


how much to whom
• Typical promissory note includes:
– Date
– Names of parties
– Amount of debt (and the interest rate/note rate)
– How and when money is to be paid
– What happens in event of default
– Signature of maker
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Chapter 5: Real Estate Finance Instruments

Negotiable Instruments

• Promissory notes or other finance instruments


that are freely transferable from one party to
another
– Most notes used in real estate are negotiable
instruments
– When a note is freely transferable, the lender
or other creditor can obtain immediate cash by
selling the note

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Chapter 5: Real Estate Finance Instruments

Four Notes Used in


Real Estate Transactions
1. Straight note:
− Payments of interest-only during the note
term
− Balloon payment at end of loan term
1. Installment note:
− Periodic payments of principal and/or
interest
− In reality, a balloon payment may be
required
Continued on next slide 

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Chapter 5: Real Estate Finance Instruments

Four Notes Used in


Real Estate Transactions

3. Partially amortized installment note or


installment note with balloon:
− Periodic payments of principal and interest
during loan term
− Balloon payment at end of term to pay
balance
3. Fully amortized installment note:
− Regular payment of principal and interest,
− Calculated to pay entire balance by end of
loan term

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Chapter 5: Real Estate Finance Instruments

Security Instrument

• Allows creditor to take ownership of


collateral through foreclosure to satisfy
debt if borrower fails to pay according to
terms of agreement
• Creditor can possess or sell the property
• Even without a security instrument, the
debtor is still obligated to pay the note

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Chapter 5: Real Estate Finance Instruments

Security Instruments

• Usually accompany promissory notes


– Security instruments allow debtor to hypothecate
property
• Hypothecate—Debtor can pledge property as
security for debt without giving up possession
– Serves as security for creditor and motivation for
debtor to fulfill terms of note
– Failure to do so could result in loss of possession

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Chapter 5: Real Estate Finance Instruments

Security Instruments

The two main types of security instruments


used in real estate transactions are:
1. Trust deeds
2. Mortgages

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Chapter 5: Real Estate Finance Instruments

Lien Theory
and Title Theory

Regarding mortgages and mortgage laws,


some states follow:
• Lien theory
• Title theory
• Combination of the two

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Chapter 5: Real Estate Finance Instruments

Lien Theory States

• The mortgage creates a lien against the


property which must be repaid by debtor
• Property serves as collateral hypothecated to
lender as security for debt
• Lender must go through foreclosure
proceedings to obtain title in the event of
default

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Chapter 5: Real Estate Finance Instruments

Title Theory States

• The mortgage instrument gives title to property to


lender while debt is outstanding; owner gets only
possession and use of land
• Once mortgage has been repaid, title reverts to owner
• Lender has restricted rights in the property, but does
not have to go through foreclosure proceedings in the
event of default
• Title theory is the oldest method, and not used in
many states

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Chapter 5: Real Estate Finance Instruments

Lien Theory
and Title Theory

• Most state laws are now a hybrid of lien theory and


title theory
• Most states recognize mortgage as security, and real
estate as collateral
• With a mortgage, procedure in event of default is
judicial foreclosure
– Judicial foreclosure under a mortgage requires
court-ordered sheriff’s sale of property to repay
debt

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Chapter 5: Real Estate Finance Instruments

Trust Deeds

• Instruments held by third party as security for


payment of a note. Also called deeds of trust
– Three-party device
– Borrower is trustor
– Lender is beneficiary
– Independent third party is trustee

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Chapter 5: Real Estate Finance Instruments

Trust Deeds

• Lien theory states: Trust deeds create a lien


against property in favor of the beneficiary.
– Creditor has right to force the sale of
property if debtor defaults on payments

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Chapter 5: Real Estate Finance Instruments

Trust Deeds
Distinguishing characteristic of trust deeds:
• Creditor may begin non-judicial foreclosure
action when debtor defaults on loan payments
− Authorized by power of sale clause
• Process of foreclosing and selling property
through power of sale clause may be concluded
more quickly
− Without the expense involved for court proceedings
− Debtor can often stop the sale by making up back
payments (plus interest and fees) until a few days
before the sale
− Can create issues of validity of sale in some states
Mortgage Lending P&P 3rd Edition/Updated Nov. 6, 2009 20
Chapter 5: Real Estate Finance Instruments

Mortgages
• Instruments that conveys in interest in real property to
a lender as security for payment of a note
• Borrower (mortgagor) pledges property to lender
(mortgagee) as collateral for debt, creating a
voluntary lien
• Promissory notes usually accompany security
instruments
– Gives creditor leverage against debtor
– Gives debtor extra incentive to pay.

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Chapter 5: Real Estate Finance Instruments

Mortgages:
Advantages and Disadvantages
For Lender
• Main advantage: Right to accelerate entire debt
in event of default and authority of the court for
judicial foreclosure
• Main disadvantage: Time and expense involved
with judicial foreclosure

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Chapter 5: Real Estate Finance Instruments

Mortgages:
Advantages and Disadvantages
For Debtor
• Main advantage: Lengthy court
proceedings give debtor time to get the
money together
• Main disadvantage: Lender’s right of
acceleration can mean a buyer who misses
one or two payments may have to pay off
the entire debt to save the home

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Chapter 5: Real Estate Finance Instruments

Typical Judicial
Foreclosure Scenario
1. Borrower defaults
2. Lender accelerates debt and files foreclosure action
3. Court finds in favor of creditor, who takes ownership; sheriff
seizes property
4. If lender decides to sell, public is notified for specified
timeframe
5. Public auction is held with minimum bid set
6. Proceeds from highest bidder settle costs of the sale,
property taxes, mortgages and other liens
7. Any surplus goes to borrower; deficits could result in a
deficiency judgment
Know the law in the jurisdictions where you practice!

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Chapter 5: Real Estate Finance Instruments

Redemption

• Some states use the equitable right of redemption


– Allows debtors to redeem (save) property from the time
a notice of a pending foreclosure (lis pendens) is filed
until the confirmation of the foreclosure sale
• Other states use the statutory right of redemption
– Allows debtors to redeem themselves after the final sale
• After redemption, court will set aside sale, pay parties, and
debtor gets title again.

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Chapter 5: Real Estate Finance Instruments

Redemption

• Debtors may avoid foreclosure by making a


a voluntary conveyance of property (also
called deed in lieu of foreclosure)
– Debtors still lose property, but by conveying it
voluntarily before final court action, can avoid a
foreclosure on their credit report
– After confirmation of sale, it is too late
• Lender not obligated to accept deed in lieu
of foreclosure as full satisfaction of debt and
could pursue deficiency judgment

Mortgage Lending P&P 3rd Edition/Updated Nov. 6, 2009 26


Chapter 5: Real Estate Finance Instruments

Typical Clauses in
Finance Instruments

• Various clauses are used in mortgages to give


certain rights to the lender or borrower
• Many can be found in the promissory note or
security instrument
– Often appear in both

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Chapter 5: Real Estate Finance Instruments

Acceleration Clause

• Gives lender right to declare entire loan balance


due immediately because of borrower default
– Or violation of other contract provisions
• Most notes, mortgages, trust deeds, and land
contracts contain this clause
• Important to lenders upon default:
– Allows them to make all payments due—without
filing a separate action for each missed payment

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Chapter 5: Real Estate Finance Instruments

Alienation Clause

• Gives lender certain stated rights when there’s a


transfer of property ownership
– Also referred to as a due on sale clause
• Designed to limit debtor's right to transfer property
without creditor's permission.
• Depending on wording, alienation may be triggered
by:
– Title transfer
– Transfer of significant interest in the property
– Abandonment of the property

Mortgage Lending P&P 3rd Edition/Updated Nov. 6, 2009 29


Chapter 5: Real Estate Finance Instruments

Alienation Clause

• Upon sale or transfer of interest, lender


will often have right to accelerate debt,
change interest rate, or charge an
assumption fee
• Lender may choose which, if any,
options stated in the contract it will
enforce

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Chapter 5: Real Estate Finance Instruments

Defeasance Clause

• Defeats or cancels certain rights on the occurrence


of a specific event
• Can appear in contracts or mortgages
• Gives borrower right to redeem real estate after
default on a note by paying full amount owed plus
fees and court costs
• Outlines circumstances, procedures, and rules for
redemption to be successful.

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Chapter 5: Real Estate Finance Instruments

Partial Release, Satisfaction,


or Conveyance Clause

• Obligates creditor to release part of the


property from lien and convey title to that part
back to debtor once certain provisions of the
note or mortgage have been satisfied.
• Usually after a certain percentage of the
mortgage balance has been paid.

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Chapter 5: Real Estate Finance Instruments

Partial Release, Satisfaction,


or Conveyance Clause

• Important clause found in many blanket


mortgages and some construction mortgages
– Developer/builder can sell completed homes
with clear title before paying back entire amount
borrowed
– If land is bought with a mortgage, construction
financing is easier to obtain later when the
builder owns part of land free of liens

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Chapter 5: Real Estate Finance Instruments

Prepayment Clause

• Gives lender right to charge borrower a


penalty for paying off the loan early
• Time periods and amount of the penalty may
vary
• Basic effect is to make up interest income the
lender losses when debtor pays loan early

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Chapter 5: Real Estate Finance Instruments

Subordination Clause

• Gives a mortgage recorded at a later date the right


to take priority over an earlier recorded mortgage
• Normally the first instrument or document to get
recorded gets lien priority
– Lien priority determines who gets paid first out of
the proceeds of foreclosure sale
– Property tax liens almost always first priority
– Federal tax liens or other liens could take first
priority, depending on jurisdiction

Mortgage Lending P&P 3rd Edition/Updated Nov. 6, 2009 35


Chapter 5: Real Estate Finance Instruments

Subordination Clause

• Usually states instrument that contains clause will be


subordinate (junior) to another lien (mortgage, trust
deed, etc.,) to be recorded later
• Its inclusion must be negotiated at time of entering
into the earlier transaction
• Once first instrument is recorded, usually too late to
arrange with lender
• Also common in home equity loans or lines of credit,
where holder of junior "second mortgage" agrees to
subordinate position even if homeowner later
refinances first mortgage

Mortgage Lending P&P 3rd Edition/Updated Nov. 6, 2009 36


Chapter 5: Real Estate Finance Instruments

Other Mortgage
Clauses and Covenants
• In addition to the typical clauses that appear
frequently in real estate mortgages, there are
also a number of covenants
• Covenants are promises
– Can appear in deeds, mortgages, or other
document
– Can compel or prevent certain actions by the
property owner or uses for the property

Mortgage Lending P&P 3rd Edition/Updated Nov. 6, 2009 37


Chapter 5: Real Estate Finance Instruments

Other Mortgage
Clauses and Covenants
Typical covenants include provisions protecting
lender's security interests in property:
• Promising to keep property in good condition and
repair
• Not damaging or diminishing the property value
• Promising to keep fire, hazard, and flood
insurance
• Agreeing to pay taxes and other assessments on
time

Mortgage Lending P&P 3rd Edition/Updated Nov. 6, 2009 38


Chapter 5: Real Estate Finance Instruments

Other Mortgage
Clauses and Covenants
• Failure to keep these promises or covenants can
be cited in the mortgage or note as causing the
borrower to be in default
• Buyers should be aware of the clauses and
covenants and understand them
– They should be encouraged to consult legal
counsel before entering into a mortgage

Mortgage Lending P&P 3rd Edition/Updated Nov. 6, 2009 39


Chapter 5: Real Estate Finance Instruments

Mortgage Lien Terminology


• First Mortgage: A security instrument with a first lien position
• Second Mortgage: A security instrument in a second lien position
• Senior Mortgage: Any mortgage in a higher position
– A first mortgage is always a senior mortgage
• Junior Mortgage: Any mortgage with a lower lien position than another
– A second mortgage is a junior mortgage to a first mortgage
– A second mortgage is a senior to a third mortgage

Mortgage Lending P&P 3rd Edition/Updated Nov. 6, 2009 40


Chapter 5: Real Estate Finance Instruments

Types and Features


of Mortgages
“Mortgage” is often prefaced with
adjectives that describe the particular
function it is serving, e.g.:
• A construction ARM mortgage is an adjustable
rate mortgage used to secure a construction
loan
• An interest-only blanket mortgage secures a
loan with two or more parcels of land as
collateral and the borrower pays only interest

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Chapter 5: Real Estate Finance Instruments

Purchase
Money Mortgage
• Given by a buyer to a lender or seller to secure
part or all the money borrowed to purchase
property
• When given to a seller, can be called a seller-
held mortgage or soft money mortgage
– Borrower receives credit instead of cash
• Can be a first mortgage or a junior mortgage
– Depends on its lien priority

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Chapter 5: Real Estate Finance Instruments

Refinance Mortgage
• Allows borrower to redo or expand loan
• To get better interest rate or terms on new loan
compared to original mortgage
– May be called no cash-out or rate/term
refinance
– Usually a first mortgage
• To receive cash from equity in the home
– May be called hard money mortgage or cash-
out refinance
– Almost always a junior mortgage

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Chapter 5: Real Estate Finance Instruments

Home Equity Loan,


Home Equity Line of Credit
• Secured by a mortgage on one's principal
residence
• Home equity loan:
– Typically closed-end, fixed amount amortized over
fixed period with regular payments
• Home equity line of credit (HELOC):
– Open-end, borrower draws as needed
– Typically has two stages-draw and repayment
• Usually attaches a junior lien to the property

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Chapter 5: Real Estate Finance Instruments

Blanket Mortgage

• Covers more than one parcel of land or lot


– Usually used to finance subdivision
developments
• Usually has a partial release clause
– Allows borrower to pay a certain amount to
release some lots, with mortgage
continuing to cover remaining lots

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Chapter 5: Real Estate Finance Instruments

Bridge Mortgage
• Occurs between termination of one
mortgage and beginning of the next
• When next mortgage is taken out, bridge
mortgage is repaid
• Designed to be temporary and used
most commonly for construction
financing.
• A less common use is to buy a new
home before selling the old one
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Chapter 5: Real Estate Finance Instruments

Open-End Mortgage

• Allows borrower to request additional funds


from lender, up to certain pre-defined limit
• Lenders typically will not advance funds in
excess of original principal balance
• May limit loan amount based on LTV
• Could be used as a home equity line of credit

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Chapter 5: Real Estate Finance Instruments

Package Mortgage

• Includes personal property, like appliances, in


the property sale and all are financed in one
contract
– Personal property also serves as collateral for
loan
• Common use is to buy a furnished
condominium
– Loan and mortgage documents may also recite
appliances and/or furniture as part of
transaction.

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Chapter 5: Real Estate Finance Instruments

Reverse Mortgage
• Allows qualified senior homeowners over the age of
62 to convert equity into monthly income stream or
line of credit
– Borrower must have substantial equity in home
• Mortgage is repaid when:
– Home is sold
– Borrower does not occupy the home for 12 consecutive
months
– Borrower dies
• Also called:
– Reverse annuity mortgage
– Reverse equity mortgage
– Home equity conversion mortgage
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Chapter 5: Real Estate Finance Instruments

Equity
Participation Mortgage
• Permits lender to share part of the earnings,
income, or profits from a real estate project
• Usually in addition to collecting principal and
interest payments on the loan
– For example, lender may receive 5% of gross
rents
• Done mostly for commercial real estate
projects

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Chapter 5: Real Estate Finance Instruments

Wraparound Mortgage
• Describes financing arrangement in which
existing loan is combined with a new loan
• Total debt (new + existing loan) treated as
single obligation by buyer, with one payment
made on entire debt
• May be used in lieu of traditional refinancing
• Less often offered by seller with existing lower-
rate loan to make property more attractive to
buyer

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Chapter 5: Real Estate Finance Instruments

Construction Mortgage

• A temporary loan to finance construction of


improvements and buildings on land
• Also called an interim loan
• When construction is complete, the loan is
replaced by permanent financing, called a take
out loan
• New construction can take as long as a year to
complete
– Requires extended rate locks in most cases

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Chapter 5: Real Estate Finance Instruments

Construction Mortgage

• Can be profitable, but regarded as risky


• High interest rates and loan fees
• Closely supervise funds disbursement to ensure
projects are completed
• Danger borrower will overspend and exhaust loan
funds before construction is complete
– In this case, lender will be left with partially
completed project that can't be sold easily in
existing state, with very real possibility of
foreclosure

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Chapter 5: Real Estate Finance Instruments

Construction Mortgage

• To protect against this, lenders use plans for


disbursing construction loan proceeds to
guard against overspending by the borrower
• Three common disbursement plans are:
1. Fixed disbursement plan
2. Voucher system
3. Warrant system

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Chapter 5: Real Estate Finance Instruments

Disbursement

Fixed Disbursement Plan


• Pays a percentage of funds at a set time
• Series of predetermined disbursements,
called obligatory advances, paid at various
stages of construction
– Example: Lender will release only 10% of the
funds when a project is 20% complete, with
future draws of 20% each time construction
progresses 20% more toward completion

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Chapter 5: Real Estate Finance Instruments

Disbursement

Voucher System
• Requires contractor or borrower to pay
own bills and submit receipts to lender for
reimbursement
Warrant System
• Lender directly pays bills presented by
various suppliers and laborers on project

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Chapter 5: Real Estate Finance Instruments

Permanent
Construction Loan

• A special type loan where there is only one


loan and one closing, with no take out loan

• Fixed disbursement schedule for loan funds

• Loan automatically converts to a permanent


first mortgage when construction is finished

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Chapter 5: Real Estate Finance Instruments

Graduated Payment
Mortgage (GPM)
• A specialized payment structure, not a
specific type of mortgage
• Allows borrowers to make smaller payments
in early years
• Unpaid interest results in scheduled
negative amortization
• At predetermined point, payments
escalate until reaching a point they fully
amortize
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Chapter 5: Real Estate Finance Instruments

Land Contracts
• Real estate installment agreements where buyer
makes payments to seller for right to occupy and
use property
– No deed or title is transferred until all, or specified
portion of, payments are made
• Another instrument to finance purchase of real
estate
• Also called land installment contracts, installment
sales contracts, land sales contracts, real estate
contract, and other names

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Chapter 5: Real Estate Finance Instruments

Land Contracts

• Different than mortgage or trust deed


– Where debtor takes title to property, with
creditor holding mortgage or trust deed as
security lien against it

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Chapter 5: Real Estate Finance Instruments

Land Contracts

• Under land contract:


– seller (vendor) holds title to property as
security, not just a mortgage lien
– Debtor (vendee) has right to possess and
enjoy land, but is not legal owner
– Seller retains legal title to property
– Buyer becomes owner in fact, having
possession and equitable title, but no title and
no deed

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Chapter 5: Real Estate Finance Instruments

Land Contracts

• Equitable title: Interest in real property


created on execution of valid sales contract
whereby actual title will be transferred by
deed at a future date
• Though actual title won't be transferred until
future date, person who holds equitable title
still enjoys certain rights and privileges

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Chapter 5: Real Estate Finance Instruments

Land Contracts

• Some risk that seller could mortgage property for


an amount greater than his interest in it
– Because the seller retains title to the property
• Under most state laws, seller can’t mortgage
property for more than balance due without
buyer’s consent
• Seller must give buyer a statement (at least once
a year or as requested) showing the amount of
payment that have been credited to principal and
interest, and balance due
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Chapter 5: Real Estate Finance Instruments

Buyer Default

In many states, if contract is in effect for less than


a certain number of years and buyer has paid
less than a certain percentage of purchase price
before default:
• Seller may initiate forfeiture proceedings 30 days
after buyer’s default
• Give buyer written notice of default and of seller’s
intent to declare the contract forfeited unless
buyer corrects the default
continued on next slide 
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Chapter 5: Real Estate Finance Instruments

Buyer Default

• Buyer has 10 days to correct default,


reinstate contract terms, and retain rights
• If buyer fails to remedy default within 10-
day notice period, buyer loses all rights to
property, as well as all payments made to
that point

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Chapter 5: Real Estate Finance Instruments

Buyer Default
• If contract has been in effect for more than the
minimum number of years required under state
law, or
• Buyer has paid at least the percentage of
purchase price as required under state law,
then:
– On default, seller must use foreclosure
proceedings, same as under a mortgage, to
protect buyer's substantial investment

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Chapter 5: Real Estate Finance Instruments

Land Contracts:
Advantages and Disadvantages
For Seller
• Main advantage: The right to hold title as security,
since buyer does not receive deed to property until
all, or a specified portion of, contract purchase
price is paid
• Main disadvantage: Expense and time required
for foreclosure after under state law

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Chapter 5: Real Estate Finance Instruments

Land Contracts:
Advantages and Disadvantages
For Buyer
• Main advantage: Easier to qualify for than a
conventional loan
• Main disadvantage: Lack of ownership,
making it difficult for borrower to obtain
financing for the equity or improvements as
banks are reluctant to lend to someone
without legal title to property; also, offers little
or no protection if not recorded

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Chapter 5: Real Estate Finance Instruments

Summary

1. Finance instruments are written documents


establishing rights and duties of the parties.
Promissory notes are written promises to pay
money. They’re negotiable instruments and
freely transferable so creditors can sell them for
cash. The one promising to pay the money is
called the maker of the note, usually the
homebuyer. The one to whom payment is
promised is called the payee, usually the lender.
There are four common note types including
straight note, installment note, installment note
with balloon, and fully amortized note.

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Chapter 5: Real Estate Finance Instruments

Summary

2. Security instruments give a creditor the right to


sell collateral to satisfy the debt if the debtor
doesn’t pay as agreed. A security instrument gives
a debtor the right to hypothecate (pledge) property
as collateral without giving up possession. Two
types are trust deeds and mortgages. Trust deeds
are three-party instruments, with non-judicial
foreclosure via power of sale clause in the event of
default. Trust deeds are rarely used in some states
because they only use non-judicial foreclosure.

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Chapter 5: Real Estate Finance Instruments

Summary
3. Mortgages create liens against property as security
for debt. If in default, judicial foreclosure ensues:
Notice of default, foreclosure action filed, order of
execution has sheriff sell property, advertising, and
public auction (minimum bid based on percentage
of appraised value, confirmation of sale to highest
bidder, sheriff’s deed issued.) Debtor has equitable
right of redemption to regain property until
confirmation of sale. Process is slow and
expensive, but has court authority. The order of
mortgage is important: A senior mortgage is any
mortgage in a higher lien position; a junior
mortgage is in a lower lien position.

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Chapter 5: Real Estate Finance Instruments

Summary
4. Many clauses are common in real estate
contracts. An acceleration clause lets the lender
call the loan balance due if in default. A
prepayment clause lets lenders charge a penalty
for paying off a loan early. An alienation clause
gives lenders some stated rights if the property is
transferred (also called due on sale clause). A
defeasance clause is used to defeat or cancel a
certain right on the occurrence of a specific event.
Subordination lets a later-recorded mortgage
take priority over an earlier one. A partial release
is when a lien is released from part of land if some
part of balance is paid.

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Chapter 5: Real Estate Finance Instruments

Summary
5. Mortgage can be prefaced by different words describing
its type or function. Purchase money mortgage, seller
takes mortgage for part of purchase price. Soft money
mortgage, borrower gets credit instead of cash. Hard
money mortgage, borrower gets actual cash (e.g.,
cash-out mortgage). Bridge mortgage, temporary
mortgage between two others and repaid with a later
mortgage. Package mortgage, includes personal
property. Blanket mortgage, for more than one land
parcel. Construction mortgage, temporary loan to
finance buildings.

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Chapter 5: Real Estate Finance Instruments

Summary

6. Land contract is a real estate installment


agreement. Buyer makes payments to seller
for right to occupy land, but no title is
transferred until all, or part of, payments are
made. Buyer has equitable title under a land
contract. States differ in how they treat land
contracts. The main problem for the buyer is
that he or she can’t borrow against equity with
a land contract.

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Chapter 5: Real Estate Finance Instruments

Quiz

1. A promissory note calling only for


payment of interest during its term is
a(n)
a. amortized note.
b. installment note.
c. negotiated note.
d. straight note.

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Chapter 5: Real Estate Finance Instruments

Quiz

2. The mortgage clause that permits a


lender to declare the entire unpaid
balance on a loan due and payable at
once on default of the borrower is a(n)
a. acceleration clause.
b. escalation clause.
c. defeasance clause.
d. forfeiture clause.

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Chapter 5: Real Estate Finance Instruments

Quiz

3. A mortgage clause that permits the


lender to call the outstanding balance
due and payable should the property
be sold by the borrower is a(n)
a. acceleration clause.
b. alienation clause.
c. balloon payment clause.
d. exculpatory clause.

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Chapter 5: Real Estate Finance Instruments

Quiz

4. Which document accompanies the


mortgage?
a. abstract of title
b. contract of sale
c. deed
d. promissory note

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Chapter 5: Real Estate Finance Instruments

Quiz

5. To foreclose a mortgage, the creditor


a. files an attachment in the amount of the
debt.
b. files a court action.
c. notifies the debtor of the default, waits ten
days, publishes a notice of default in the
paper, then claims a forfeiture.
d. notifies the trustee of default.

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Chapter 5: Real Estate Finance Instruments

Quiz

6. A mortgage under which the debtor


may re-borrow up to the original note
amount under the same document is
a(n)
a. amortized mortgage.
b. hypothecated mortgage.
c. open-ended mortgage.
d. package mortgage.

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Chapter 5: Real Estate Finance Instruments

Quiz

7. A budget mortgage is best defined as


one that
a. includes payments for principal, interest,
taxes, and insurance.
b. includes personal as well as real property.
c. includes principal and interest payments.
d. is made to people with lower incomes.

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Chapter 5: Real Estate Finance Instruments

Quiz

8. A builder finances the construction of an


apartment building through a local bank. If
money is released to the builder at various
stages of construction, these payments are
called
a. acceleration advances.
b. obligatory advances.
c. release payments.
d. sight drafts.

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Chapter 5: Real Estate Finance Instruments

Quiz

9. The term take out loan is most closely


associated with
a. construction loans.
b. junior loans.
c. loans against the land.
d. Truth in Lending requirements.

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Chapter 5: Real Estate Finance Instruments

Quiz

10. Money obtained from a foreclosure


sale in excess of the debt and court
costs belongs to the
a. court.
b. debtor.
c. lender.
d. sheriff.

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