All 19 subjects

Subject 5 of 19

Real Estate Finance

Mortgage instruments, loan types, underwriting, consumer protection, and predatory-lending risks.

3 chapters 14 lessons 5 free practice questions

Read the rule, try the recall check, then continue to the next lesson.

Chapter 1

Mortgage papers, payments and default

Read every mortgage question in order: identify the debt, the collateral, the payment plan, the controlling clause and the remedy that follows.

1The note, mortgage, recording and special security plans

Exam rule

The loan is the credit. The promissory note or bond is the borrower's personal promise to repay it, and the mortgage is the security instrument that gives the mortgagee, or lender, a lien on the mortgagor's real property. New York follows lien theory, so the owner keeps title and the usual rights of ownership. Recording the mortgage gives public notice and helps protect its priority. An unrecorded mortgage may still bind the parties, but it can lose priority to a later protected buyer or lender. An assignment transfers the lender's interest and the related debt to a new holder without changing the loan terms. A satisfaction or certificate of discharge clears the recorded lien after full payment. Special structures change the collateral. A blanket mortgage covers two or more parcels, and a release clause can free one parcel. A package mortgage covers real estate and named personal property. A pledged-account mortgage adds a cash or savings account as collateral. A purchase-money mortgage helps finance the purchase. A wraparound mortgage includes an older loan within a new, larger obligation. A construction mortgage commonly releases funds in draws as work passes inspection. Under a land contract, the buyer gets possession and equitable interest while the seller keeps legal title until the contract conditions are met.

Why it matters

Sort every question into three parts. Identify the debt paper, the lien paper and the property or account that secures the debt.

New York scenario

A developer mortgages twelve lots. The lender releases one lot after the stated payment. The loan uses a blanket mortgage with a release clause.

Common misconception: Failure to record does not erase the lien between the original parties. Recording is mainly about notice and priority. Assignment is not satisfaction.

Check your recall

How do the note and mortgage differ?

The note carries the promise to repay. The mortgage gives the lender a lien on the named real property.

What is the difference between assignment and satisfaction?

Assignment transfers the lender's interest. Satisfaction shows that the debt was paid and clears the recorded lien.

Which loan and clause let a developer free one parcel?

A blanket mortgage covers several parcels, and a release clause can remove one parcel from the lien.

2PITI, escrow and the true monthly housing cost

Exam rule

PITI stands for principal, interest, taxes and insurance. Principal is the unpaid amount borrowed. Only the part of a payment applied to principal lowers that balance. Interest is the price charged for using the money. Property taxes and hazard insurance may be collected each month in an escrow account. The lender or servicer then pays those bills when due. Mortgage insurance, flood insurance and association charges may add to the housing cost even though they are not all part of the four-letter term. A fixed interest rate can keep principal and interest steady while taxes, insurance and escrow amounts still change. A lender may require the owner to insure the property and pay taxes because unpaid taxes or serious damage can weaken the lender's security. Interest and real estate taxes may affect income taxes, but deductibility depends on current tax law and the taxpayer's facts. A salesperson should never promise a deduction.

Why it matters

Build the payment one stated item at a time. Keep loan principal, interest and escrow separate so nothing is counted twice.

New York scenario

A payment has $1,650 for principal and interest, $700 for taxes and $150 for insurance. The stated PITI is $2,500.

Common misconception: Fixed rate does not mean fixed total housing cost. Escrow can change. PMI is insurance, but exam questions may list it apart from basic PITI.

Check your recall

What does PITI stand for?

Principal, interest, taxes and insurance.

Which part of a payment lowers the loan balance?

Only the amount applied to principal lowers the balance.

Why can a fixed-rate borrower's total payment change?

Taxes, insurance and other escrowed charges can change even when principal and interest stay level.

3Payment plans, an ARM, equity loans, points and a buydown

Exam rule

A fully amortizing loan pays principal and interest in installments that reduce the balance to zero by maturity. On a level-payment fixed-rate loan, early payments contain more interest and later payments contain more principal. A straight or term mortgage may require interest payments during the term and leave principal due at maturity, and a balloon loan also leaves a large final payment. A graduated-payment mortgage starts low and rises on a schedule. If a payment is too small to cover interest, unpaid interest can be added to principal, which is negative amortization. An adjustable-rate mortgage, or ARM, commonly uses an index plus a set margin. A periodic rate cap limits one rate change. A lifetime cap sets the total rate ceiling. A payment cap limits the payment change, so it may allow negative amortization. Inflation reduces the buying power of future fixed payments, while an ARM shifts more rate risk to the borrower. One discount point equals 1 percent of the loan amount, and points paid to lower the rate are a buydown. The annual percentage rate is a broader cost measure than the note rate, because it includes interest and certain finance charges. New York usury law sets a general civil ceiling on interest, and Banking Law Section 14-a puts that maximum at 16 percent a year, subject to stated exceptions. An open-end mortgage or home equity line can allow new advances up to a limit. A home equity loan is commonly a closed-end lump sum secured by existing equity. A bridge loan supplies short-term money between transactions. A reverse mortgage lets an eligible older homeowner draw equity, but the owner still must meet duties such as taxes, insurance and upkeep. The syllabus calls a monthly-payout form a reverse annuity mortgage. A reverse mortgage can also pay a lump sum or provide a line of credit.

Why it matters

Ask what can change, when principal is repaid and whether the balance can rise. Those three questions separate most payment plans.

New York scenario

An ARM has a moving index, a fixed margin and a one-point periodic cap. The index may rise, but the cap can limit the next rate change.

Common misconception: A payment cap is not a rate cap. A low payment can hide unpaid interest. Also, APR is a cost measure, not the contract's note rate.

Check your recall

What creates negative amortization?

The required payment fails to cover all accrued interest, so the unpaid part is added to principal.

How do periodic and lifetime ARM caps differ?

A periodic cap limits one rate change. A lifetime cap limits the rate over the whole loan.

What is one discount point on a $280,000 loan?

$2,800, because one point is 1 percent of the loan amount.

4Borrower duties, mortgage clauses and foreclosure

Exam rule

A mortgagor must pay the debt, taxes and assessments. The owner must keep the property insured and in reasonable repair. Failure to perform a required duty is default. A grace period gives a short time after a due date before a stated late consequence applies. It does not cancel the payment. An acceleration clause can make the full unpaid balance due after a covered default and required notices. An alienation clause, often called a due-on-sale clause, can permit acceleration after an unapproved transfer. A prepayment penalty clause can charge for an early payoff when law and the loan terms allow it. These clauses do different jobs. New York mortgage foreclosure is a court action under RPAPL Article 13. For a covered home loan, RPAPL Section 1304 generally requires a prescribed borrower notice at least 90 days before the action starts. Bankruptcy or loss of principal-residence status may end the waiting period, but the notice duty remains. The borrower keeps an equity of redemption, which is the right to stop the foreclosure by paying the required debt and costs before the right ends. If the foreclosure sale brings less than the amount owed, the lender must follow RPAPL Section 1371 to seek a deficiency judgment for the allowed shortfall. Acceleration starts a collection step. It does not give the lender an instant deed.

Why it matters

Put the events in order. Find the duty, the default, the clause, the required notice and then the court remedy.

New York scenario

A borrower misses payments and the lender accelerates. The lender still must use the New York foreclosure process before the property can be sold.

Common misconception: Due-on-sale responds to transfer. Acceleration responds to a covered default. A grace period delays a consequence, not the debt itself.

Check your recall

Name the four core duties of a mortgagor.

Pay the debt, pay taxes and assessments, insure the property and keep it in repair.

What does an acceleration clause do?

It allows the lender to call the entire unpaid balance due after a covered default and required notices.

What New York notice normally precedes foreclosure of a covered home loan?

RPAPL Section 1304 requires a prescribed borrower notice at least 90 days before suit. Some facts can end the wait, but not the notice duty.

5Selling free and clear, assuming, or taking subject to

Exam rule

Property with a mortgage can be sold in three tested ways. In a sale free and clear, the existing lien is paid and discharged at or before closing. A buyer who assumes the mortgage agrees to pay the existing debt and becomes personally liable on that promise. A buyer who takes title subject to the mortgage does not promise the lender to pay it. The property still secures the debt and can be foreclosed, but that buyer does not become personally liable merely from taking subject to it. In either transfer, the seller may remain liable on the original note unless the lender gives a release or agrees to a novation. The parties must also check the due-on-sale clause because an unapproved transfer may permit acceleration. A sale-and-leaseback is different. The owner sells the property and leases it from the buyer. The seller gets cash and keeps possession as a tenant. A shared-equity or shared-appreciation plan is also different. A lender or investor receives an agreed share of later value or gain in return for financing help.

Why it matters

Keep two questions apart. Who can lose the property? Who can be sued for the debt? Then check whether the seller got a release.

New York scenario

A buyer takes subject to an old mortgage and stops paying. The property can be foreclosed, while the seller may still face personal liability on the note.

Common misconception: Lender approval of an assumption does not always release the seller. Release or novation is a separate step. Subject to does not make the buyer a note debtor.

Check your recall

What happens in a sale free and clear?

The existing mortgage lien is paid and discharged at or before closing.

How do assumption and subject to differ?

An assuming buyer promises to pay and becomes personally liable. A subject-to buyer makes no promise to the lender, though the property stays at risk.

What is a sale-and-leaseback?

An owner sells the property and leases it from the buyer, so the seller becomes a tenant.

Lesson checklistTrack the rules you can explain without looking.

Your mastery checklist

Know what you have actually finished.

Mark a lesson only after you can explain its rule without looking. This checklist never changes your license or state-exam record. We try to save it in this browser.

0/14

lessons complete

x
Open lesson checklist0% complete

Ready to apply a rule?

Try a question, then read the explanation behind your choice.

Go to practice