acceleration clause
The clause in a mortgage or deed of trust that can be enforced to make the entire debt due immediately if the borrower defaults on an installment payment or other covenant, Clause that makes all future payments due upon a single default of a loan. Prevent
alienation clause
Also know as "due on sale" clause permits lender to declare balance of loan immediately due if property is sold; prevents loan assumption without lender approval, Also known as "due on sale, resale, or call" clause permits lender to declare balance of loa
assume
A buyer is personally obligated for the payment of the entire debt of a seller... that is, the buyer assumes the debt. the original seller is not liable for the debt if the property is foreclosed on.
deed in lieu of foreclosure
Way for mortgagor to avoid foreclosure by returning deed to lender/mortgagee, Used by the mortgagor (borrower) who is in default to convey the property to the mortgagee (lender) in order to eliminate the need for a foreclosure.
deed of trust
the document used in some states instead of a mortgage, which gives the lender a security interest in the property. Title is conveyed to a trustee by the borrower (who retains equitable title). When the debt is paid in full, title is reconveyed to the bor
defeasance clause
A clause used in leases and mortgages that cancels a specified right upon the occurrence of a certain condition, such as cancellation of a mortgage upon repayment of the mortgage loan.
deficiency judgement
A personal judgement levied against the borrower when a foreclosure sale does not produce suffiecient funds to pay the mortgage back in full.
discount points
A fee charged by the lender at settlement that results in increasing the lender's effective yield on the money borrowed. One discount point equals one percent of the loan amount., Paying 1% of the loan amount to reduce the borrower's monthly payments or i
equitable right of redemption
The right of a defaulted property owner to recover the property prior to its sale by paying the appropriate fees and charges
hypothecation
the pledge of property as security for a loan, To pledge property as security for an obligation or loan without giving ?up possession of it. The instrument used for this is called a security ?agreement (a mortgage or deed of trust). 14:224?
lien theory
Some states interpret a mortgage as being purely a lien on real property. The mortgagee thus has not right of possession but must foreclose the lien and sell the property if the mortgagor defaults.
loan origination fee
A fee charged to the borrower by the lender for making a mortgage loan. The fee is usually computed as a percentage of the loan amount.
negotiable instrument
A written promise or order to pay a specific sum of money that may be transferred by endorsement or delivery. The transferee then has the original payee's right to payment., To be negotiable, an instrument must: (1) be in writing (2) signed by the maker o
note
(also called a promissory note) a financing instrument that states the terms of the underlying obligation, is signed by its maker, and is negotiable to (transferable to a third party).
novation
Substituting a new obligation for an old one or substituting new parties to an existing obligation, The substitution of a new party or a new obligation in a contract. This process requires the agreement of all original parties in the contract, but once it
owner financing
The seller is the primary lender securing his or her interest with the ?use of a deed, note and mortgage, deed of trust, or contract for deed. ?The buyer takes possession of the property, but the seller retains legal ?title until paid in full. 14:231?
prepayment penalty
A charge imposed on a borrower who pays off the loan principal early. This penalty compensates the lender for interest and other charges that would otherwise be lost
release deed
A document, also know as a deed of reconveyance, that transfers all rights given a trustee under a deed of trust loan back to the grantor after the loan has been fully repaid., An instrument executed by the mortgagee or the trustee reconveying to the mort
satisfaction
release or discharge of when a note has been fully paid. this document returns to the borrower all interest in the real estate originally conveyed to the lender. entering this release in the public record shows that the debt has been removed from the prop
statutory right of redemption
The right of a defaulted property owner to recover the property after its sale by paying the appropriate fees and charges.
subject to
Buyer takes title of property and makes payments on the existing loan ?but is not personally obligated to pay the debt in full. Original seller ?might continue to be liable for debt. 14:230?
title theory
Some states interpret a mortgage to mean the lender is the owner of mortgaged land. Upon full payment of the mortgage debt, the borrower becomes the landowner.
trustor
A borrower in a deed of trust loan transaction; one who places property in a trust. Also called a grantor or settler.
usury
the act of lending money at an exorbitant rate of interest, Charging more than the maximum legal interest rate