Real Estate 101
Realty Finance
This is a series of articles for consumers about real estate finance. Those
who have cash to purchase a home with out any reliance on outside financing is
rare. without the ability to finance, there is no way to buy and sell real
estate. I think it's most important to have a better understanding of this
subject. I once had broker who told me not to fuss so much about financing (when
the market was red hot) and leave that to the mortgage guys. That wasn't good
advice. As real estate professionals, we're a resource. We don't have to be the
experts at everything, but you do have to have a good handle on all of he most
important elements of buying and selling homes. Finance is a biggie.
The current state of the financial markets and the availability of mortgage
money makes it difficult for the real estate market to improve. If you're
selling a home, Be prepared to wait longer to find the right buyer--the one with
excellent credit, the one with all their documentation "ducks" in a
row and the one who has a lender who's willing to lend.
The party that BORROWS the money it the mortgagor
Borrowers mistakenly believe that a lender gives them a mortgage. No, the
borrower gives the lender (the mortgagee) a mortgage. A bank lends because
a borrower gave THEM a mortgage. With a mortgage, two contracts must be
signed.
Picture the mortgage as a borrower putting the property they are
purchasing into a safe deposit box. They take it too the lender (bank) and
the bank holds that safe deposit box as security.
Often, real estate purchasers who get a mortgage think that the mortgage is
the "title" for the property. This is not the case at all. A mortgage
does not convey title--this is done at closing when the purchaser receives a
transfer of the deed from the seller. More on that later.
A Mortgage contains covenants. A Covenant is simply defined as a
promise:
- To keep update with real estate taxes
- To keep the property in good repair
- To allow the lender (the right to reentry"
Reentry refers to foreclosure for non-payment. Technically, you only need to
miss one payment for banks to require you to pay up the entire loan
(acceleration clause)
A Mortgage is a lien against real property for the money borrowed. The
mortgage also includes a promissory note (a covenant ) where by the borrower
PROMISES to repay both the principal amount with interest.
A mortgage looks like this"
- Part (a) the piece of paper which outlines the contractual obligations
(often called Chattel Real) of both parties is given as security
(collateral) for the real estate
- Part (b) is the NOTE: which is a contract, signed by the mortgagor
(borrower) is the promise to pay the money back that was borrowed.
Payments, due dates and other requirements for particular types of loans
(like ARM's) and escrow requirements are contained in this contract.
- Part (a) + Part B= The Mortgage
A mortgage plus the note are a "negotiable instrument." It
can be assigned to another party and transferred from one party to another
party.
So who "owns" a property? In South Carolina only the
mortgagor (borrower) has both title and possession. This is called
"hypothecation" which simply means to pledge. A hypothecation clause
means that there is a lien on a property (help by the bank) but the
purchaser-borrower still gets to use it--he gets title and possession of the
property.
In some States, the lender is recognized as the owner and . Called a
deed of trust, title is held by a 3rd party until the mortgage is paid
off. Once the mortgage is paid off it is then transferred to the borrower. If
the borrower fails to pay, the bank gets the deed.
Note: we've read in the last several days and weeks about people who want to
change the nature of real estate financing and even the essence of the
mortgage contract. I submit that the place to start to make changes is with the
banking system; to look for long-term solutions; to make the right policy
changes. Quick fixes never work.
Today the hearings continue as executives from major mortgage companies testify before members of congress about their compensation. As usual, people in power look to find fault, look to blame--they fail to identify and address the real problems.
Expect HIS BEST for YOU!