Archive for the ‘home loans’ Category

Mortgage or a Note to a Deed of Trust?

June 16, 2014

Often people commonly use the word Mortgage when they take a home loan.  A true Mortgage however is much different from a ‘Note to a Deed of Trust’ which make up the majority of all home sales.

Mortgages typically deal with homes with 40+ more acres and were designed for Farm, Ranches and large Estates.  That will be another article….. today we will touch on a ‘Note to a Deed of Trust’ .  What is it?  How typical is it?  Why do banks use them’?

For real estate purchases, state law requires either a mortgage or a deed of trust to provide security for a home loan. In many ways, a deed of trust functions like a mortgage. However, one major difference between the two lies in who holds the legal title for the home while the loan is being paid. In a deed of trust, the legal title is held by the trustee, often an escrow company, while the equitable title is held by the borrower. Also, in a deed of trust, a foreclosure can be conducted outside of the courts, which is almost always faster and less costly than a judicial foreclosure.

A deed of trust secures repayment of the loan by placing a lien on the property. There are three parties to a deed of trust: the borrower, the lender, and a trustee. Some states permit both a deed of trust and mortgage, while others use just one or the other. A deed of trust is always used together with a promissory note, which is a contract that sets and controls the terms of the loan and repayment. The trust deed is simply a security instrument—without it, the note still creates indebtedness, but it is an unsecured debt. The money would still be owed, but a lender would not be able to force a sale in satisfaction of the note without going to court as an unsecured creditor.

When a note is secured by a deed of trust, it allows the loan holder to take back the property if the conditions for repayment aren’t met. Remember that with a deed of trust, this can be done without court proceedings.   The deed of trust, not the note, is recorded with the county recorder in the county where the property is located and indexed in the public records.

 

For more information on deeds and to purchase real estate deeds for your county and state, visit

deeds.com.

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National Real Estate trends that may be indicators of things coming.

May 24, 2012

It’s always interesting to watch regional trends as they can be indications of what will happen here in Idaho.  A colleague of mine in South Florida, Jeff Lichtenstein reports good news from the sunshine state.  Florida was the epicenter of speculation.  There still is a 3 year backlog of foreclosures and plenty of short sells still to go but the worst is past.  Jeff also can tell you a lot of the red tape of short sales since he experiences them first hand in Florida. Check out his blog to read all about it!

To learn more about what the area Jeff covers has to offer in amenities check out the Palm Beach Post

Jeff  specializes in luxury real estate in Abacoa  and  Jupiter real estate in South Florida.  His website is at www.JeffRealty.com

Latest Housing trends for Real Estate in Idaho

March 17, 2011

Rents in the Treasure Valley area are steadily increasing upwards this year and are predicted to continue their climb as the shortage of available units becomes apparent.   What does that mean for you?  Now is a great time to buy.

Interest rates are still low and there are a lot of Boise area homes available to choose from in varied price ranges. Read the latest real estate news trends and forecasts for the Boise Idaho area and national news.   As always, please call or write if you have any questions.

Good News for Idaho home buyers- Rules for FHA Lending have loosened.

February 13, 2011

Wanted to share an important article about FHA lending.  Many first time home buyers in the Boise Idaho area have had some difficulties acquiring mortgage loans as FICOs and FHA requirements were not compatable.  Previously credit scores were needing to be 620 or higher.  Seems some rules have changed without much fanfare or notice to the general public.

The article : FICOs and FHA: 2 big lenders loosen up explains how the new changes will affect you if you are a home buyer in Idaho needing and FHA loan and/or if you previously could not qualify you may want to check with your lender to see if your situation now qualifies you to purchase a home.

Call or write if you ever have questions about real estate in the Boise Idaho Treasure Valley area.