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New York Real Estate for Brokers, 5th e By Marcia Darvin Spada Cengage Learning © 2013 All rights reserved. Chapter 3 Real Estate Finance II 1 Chapter 3 Real Estate Finance II © 2013 All rights reserved. Chapter 3 Real Estate Finance II 2 Chapter 3 Key Terms Adjustable rate mortgage (ARM) Amortized mortgage Bridge loan Buydown Construction loan Conventional loans Convertible mortgage Department of Veteran Affairs (VA) © 2013 All rights reserved. Chapter 3 Real Estate Finance II Depression Disintermediation Federal Housing Administration (FHA) Gap financing Ground lease Home equity loan Inflation 3 Chapter 3 Key Terms (continued) Installment land contract (contract for deed) Mortgagee/mortgagor Primary mortgage market Recession Redlining Release clause © 2013 All rights reserved. Chapter 3 Real Estate Finance II Sale leaseback Secondary mortgage market Stagflation State of New York Mortgage Agency (SONYMA) Subordinate lease Underwriting Usury 4 Mortgagor and Mortgagee The borrower gives a mortgage to the lender Mortgagor © 2013 All rights reserved. Chapter 3 Real Estate Finance II The lender receives a mortgage from the borrower Mortgagee 5 Mortgage Clauses Mortgage Note or Alienation Bond Clause © 2013 All rights reserved. Acceleration Prepayment Penalty clause Clause Chapter 3 Real Estate Finance II Defeasance Clause 6 Monthly Mortgage Payment P = Principal I = Interest T = Taxes I = Insurance © 2013 All rights reserved. Chapter 3 Real Estate Finance II 7 Lender’s Criteria for Granting a Loan $ Investment quality of the property $ Borrower’s ability to repay loan $ Loan-to-value ratio © 2013 All rights reserved. Chapter 3 Real Estate Finance II 8 Loan-to-Value Ratio Ratio of loan amount to property value Loan ÷value = ratio Example: Loan = $144,000 Value = $160,000 144,000 = 90% 160,000 © 2013 All rights reserved. Chapter 3 Real Estate Finance II 9 Qualifying Ratios Monthly Housing Expense Total Obligations Fixed rate conventional loan 28% 36% Adjustable rate Conventional loan 28 % 36% FHA loans 31% 41% VA loans None 41% © 2013 All rights reserved. Chapter 3 Real Estate Finance II 10 Mortgage Loan Origination © 2013 All rights reserved. Chapter 3 Real Estate Finance II 11 Conventional and Government Loans Conventional loan Government loan No participation by a government agency Guaranteed, insured or funded by a government agency © 2013 All rights reserved. Chapter 3 Real Estate Finance II 12 Types of Mortgages FHA-insured loans VA Guaranteed loans Rural Housing Service State of New York Mortgage Association (SONYMA) © 2013 All rights reserved. Chapter 3 Real Estate Finance II 13 Mortgages Amortized Straightterm Balloon Mortgage Adjustable rate © 2013 All rights reserved. Blanket Chapter 3 Real Estate Finance II 14 Other Mortgages Special Mortgages Graduated Pledged Reverse payment account annuity © 2013 All rights reserved. Chapter 3 Real Estate Finance II Package Shared appreciation 15 Special Types of Mortgages Home equity loan Convertible Mortgage Gap financing Purchase Money Mortgage Wraparound Subordinate or Junior Mortgages © 2013 All rights reserved. Chapter 3 Real Estate Finance II 16 Construction Mortgage Short term loan When project is Disbursed in stages complete, Interest not converted to charged until the money has been disbursed © 2013 All rights reserved. permanent longterm loan called take-out or end loan Chapter 3 Real Estate Finance II 17 Sale Leaseback © 2013 All rights reserved. Chapter 3 Real Estate Finance II 18 How to Secure FHA Financing FHA does not make mortgage loans FHA-insured loans protects lenders against financial loss Buyer pays for this insurance protection by paying an upfront mortgage insurance premium © 2013 All rights reserved. FHA does not set maximum sales price, only a maximum loan amount FHA insured mortgages Chapter 3 Real Estate Finance II require mortgage insurance 19 FHA Mortgage Advantages Credit criteria for a borrower are not as strict Borrower’s allowable costs can be partially wrapped into loan 100% of down payment and closing costs can be gifted Loans are assumable © 2013 All rights reserved. Disadvantages With a 30-year FHA loan, and a down payment of more than 5% of the loan amount, the upfront mortgage insurance premium Chapter 3 Real Estate Finance II (MIP) is 2.25 percent of the loan amount in addition to the 1.10 percent annual renewal premium that a borrower pays for the life of the loan FHA limits the amount that can be borrowed 20 The Primary and Secondary Mortgage Market Mortgage Assignable Sold to secondary mortgage (conforming Loans) market Primary lender © 2013 All rights reserved. Chapter 3 Real Estate Finance II 21 Secondary Mortgage Market Organizations Name Ownership Purchases Fannie Mae (FNMA) Privately owned FHA, VA, RHS, conventional Ginnie Mae (GNMA) HUD VA, FHA, RHS Freddie Mac (FHLMC) Savings. savings and loan banks Members of Fed. Home Loan Bank, other banks © 2013 All rights reserved. Chapter 3 Real Estate Finance II 22 Truth-in-Lending Act o Disclosure o Cooling off period o Advertising (Regulation Z) o Penalties © 2013 All rights reserved. Chapter 3 Real Estate Finance II 23 Lending Discrimination Laws ACTS Truth in Lending Act © 2013 All rights reserved. Community Reinvestment Act Chapter 3 Real Estate Finance II Real Estate Settlement & Procedures Act Home Mortgage Disclosure Act 24 The Economy and How it Affects the Real Estate Market Employment Affordability of property for buyers Interest rates/indices The Economy Valuation of Seller’s property © 2013 All rights reserved. Stock Market Chapter 3 Real Estate Finance II 25 Predatory Lending PracticesWhat is it? High-cost (subprime loans) include conventional first mortgages that have an interest rate of more than 8 percent and junior mortgages that have an interest rate of more than 9 percent © 2013 All rights reserved. High-cost loans also Chapter 3 Real Estate Finance II include conventional loans for more than $50,000 when the points and fees exceed 5 percent of the loan 26 Predatory Lending Lender may target certain ethnic group Induces refinancing (flipping) Takes advantage of consumer Fraud regarding true nature of loan obligation Lender makes unaffordable loans based on assets of borrower, not ability to repay © 2013 All rights reserved. Chapter 3 Real Estate Finance II 27 Flipping Real estate investors or speculators believe that they can turn quick profits by buying the property at a certain price and then immediately selling the property at a higher price © 2013 All rights reserved. Flipping may be a problem because it can drive up prices The investor attempts Chapter 3 Real Estate Finance II to buy low and sell high 28 Subprime Loans Borrowers considered subprime if they have a less-than-perfect credit report Subprime lenders Companies that provide loans to home- buyers who do not have good credit histories or who are risky candidates for loans because of their incomes © 2013 All rights reserved. Chapter 3 Real Estate Finance II 29 New York Anti-Predatory Lending Law Places many restrictions on high-cost (subprime) loans that are first or junior (second) mortgages Loans covered under New York Law Maximum indebtedness of $300,000 For family or personal reasons Applies to one- to four-unit property that is the borrower’s personal residence © 2013 All rights reserved. Chapter 3 Real Estate Finance II 30