Residential Mortgage Lending: Principles and Practices, 6e. Chapter 2 Real Estate Law and Security Instruments. Objectives. After completing this chapter, you should be able to: Define real property, personal property and fixture.
Real Estate Law and Security Instruments
After completing this chapter, you should be able to:
Define real property, personal property and fixture.
Distinguish between freehold and leasehold estates and identify four types of freehold estates.
Describe three classifications of limited rights to real estate.
Explain five forms of joint or concurrent ownership.
Describe eight methods of voluntary and involuntary transfer of land.
Distinguish between actual notice and constructive notice of recording.
List the components of a valid mortgage instrument.
Distinguish between a mortgage and a deed of trust.
Explain how to change a mortgage and note.
● Licensing of different types of lenders
● Advertising practices
● Application and rate lock-in requirements
● Mortgage servicing and escrows
● State housing agency mortgage program and servicing requirements
● Grantor’s name
● Grantee’s name
● Description of real estate to be conveyed
● Words of conveyance
● Signature of grantor
● Delivery and acceptances
● Proper execution
● Original signatures of the borrowers
● All blanks are filled in and any corrections are initialed (no whiteouts)
● Clearly stated interest rate, payment schedule, and due dates
● Dates of note and mortgage match
● Appropriate uniform note used for each loan type (fixed rate, ARM, balloon, etc.)
● Names of the mortgagor and mortgagee
● Words of conveyance or a mortgaging clause
● Amount of the debt
● Interest rate and terms of payment
● A repeat of the provisions of the promissory note
● Detailed legal description of the real estate securing the debt
● Clauses to protect the rights of the parties
● Date (same date as note)
● Signature of the mortgagor (and notarized, if required)
● Any requirements particular to that jurisdiction
What is the term that is used in law to describe “the greatest interest a person can have in real estate”? Why is this interest not an absolute interest?
What is a conditional fee? Give an example of how this transaction could occur.
What is a legal life estate? Do these types of estates exist today?
What is the most common form of joint ownership today in the United States?
What are the essential elements of a deed that will allow for a valid transfer of real estate?
Identify the various means of mortgage foreclosure. Which exists in your state?
Real estate law in the U.S. is based upon the Constitution of the U.S.
The Feudal System of Land Tenure never had any application in this country.
The allodial system recognizes that an owner of real estate has title irrespective of the sovereign and thus owns no duty to the sovereign.
When people talk about their ownership of land, they are legally talking about the type of estate they have in real estate.
Fee Simple Absolute is the greatest interest a person can have in real estate and it excludes any other interest.
A life estate is a freehold estate like the fee simple absolute but it is not inheritable.
The most common type of joint ownership of real estate is tenants in common.
Community property is the law in all 50 states.
An involuntary conveyance occurs when a legal owner of real state loses title contrary to the owner’s intention.
All state have a “race statute” that dictates that first of two innocent parties to record will be protected.