Mortgage vs. Deed Trust

Most of us think of our home loan as a mortgage, when that isn’t particularly true. When a borrower agrees to pay a lender a certain amount of money, under certain conditions, the borrower will sign a promissory note. A lender will then require the borrower to sign a mortgage, as a security tool to give the lender a legal form of security. A mortgage is a written document to protect the lender’s interests in your property. Therefore, a mortgage is not a loan.

A mortgage is between two parties, you the “mortgagor” and your lender. The mortgage is a document that creates a lien on your property that is entered into public records to serve as the lenders security for that debt. Possession cannot be transferred to another party until you, as the borrower, pay the debt to release the lien. Only you have all the rights of ownership to your property, even if your loan is secured with a mortgage.

Only if the borrower defaults on their mortgage will the lender have the right to protect their interests and foreclose on the property in order to recover funds. When a mortgage is used as the lenders security, foreclosure will usually go through the judicial foreclosure process through the court system that may take up to four months. Mortgages are used as security tools in more than half of the states in the U.S., while other states may use a deed of trust. Both the mortgages and the deed of trust, often serves the same purpose, but with some significant differences.

Like the mortgage, a deed of trust is entered into public records to put a lien on your property. There are three parties involved with a deed of trust: you, as the “trustor,” the lender as the “beneficiary” and a “trustee,” who is a third party that holds a temporary title until the lien is paid. The trustee holding the temporary title, should be a neutral party that does not favor the trustor or the lender, if problems should arise. These third parties acting as neutral trustee’s can be attorneys, an escrow company or title insurance companies. Under no circumstances can the third party, or trustee, take over your property.

The deed of trust will only be removed when the debt to the lender is paid. Only then will the will the trustee issue a release of the deed that should be recorded at the county recorder’s office and made available to the public that the loan has been paid in full and that the lender interests in the property have come to an end.

The difference between a deed of trust and a mortgage will only affect home owners when foreclosure becomes an issue. This is when the trustee has the authority to sell your home when your loan becomes delinquent. It is up to the lender to provide the trustee with proof of the delinquency and to request foreclosure proceedings to begin. The trustee must then proceed as allowed by law and as it is dictated in the deed of trust. The process may bypass the court system to make a much less expensive and quicker way to go for the lender during a foreclosure. 

A deed of trust and a mortgage can also differ during foreclosure. Depending on where you live, state law will have to determine how a foreclosure will be handled. Normally, a deed of trust allows for a speedier foreclosure. When the borrower defaults on a loan, the lender gives the deed of trust to the trustee to sell the property. A mortgage is normally requiring a judicial foreclosure, which may take longer. Properties may not be foreclosed upon until all rules are followed and notices have been sent.

Borrowers cannot choose which way their loan is secured, whether it’s by a mortgage or a deed of trust, this is all determined by what state you live in or are buying in. It’s very important to have a complete understanding of the type of lien that will secure the debt of your home. This should all be explained to you thoroughly by your lender or trustee. Do your homework and ask questions before signing any documents. Borrowers must protect themselves as the lenders and other companies do.

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Real Estate Investment Trust

Real Estate Investment Trust: Enabling you to be a part of the party

Real estate is a big business and everyone seems to want to invest in real estate. You keep hearing a lot of stories about how people made a quick buck by investing in real estate. There are stories about people who made $50000 in a fortnight by making the right kind of investment in real estate. Every now and then, newspapers keep coming up with statistics about the appreciation in the real estate prices. There seems a mad rush for investing in real estate (and this gets even bigger when the mortgage interest rates are falling). However, not everyone has the time, money and expertise to be able to profitably invest in real estate. So what does one do? Is there any other option?

Yes, there is another way of investing in real estate and that is through Real Estate Investment Trust. Real Estate Investment Trust is an organisation that invests in real estate as a full fledged business. By investing in a Real Estate Investment Trust, you can become part of the real estate investment party and enjoy profits (of course, the assumption here is that the Real Estate Investment Trust is good and professionally managed).

Investing in Real Estate Investment Trust is very easy too. You can just buy Real Estate Investment Trust shares which trade on all major exchanges. There are certain laws governing the Real Estate Investment Trusts that help them avoiding the tax at corporate levels e.g. it is mandated that Real Estate Investment Trust’s portfolio has 75 percent of investment in real estate. Moreover, 75% of the income of Real Estate Investment Trust must be from rents or mortgage interest. There are various types of Real Estate Investment Trusts. Some Real Estate Investment Trusts own properties themselves and hence feed on the rental income from those properties. Some others indulge in providing only mortgage loans or go for mortgage backed securities. Then there are Real Estate Investment Trusts which do both i.e. rental focussed investments and mortgage based investments.

There are a number of Real Estate Investment Trusts operating in the market and a lot of these Real Estate Investment Trusts are doing good business. By investing in Real Estate Investment Trust you are basically investing in real estate without actually buying a property yourself. This is one easy way of investing in real estate (and much safer too). You must surely evaluate this option for your real estate investments.

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San Diego real estate

Before you go for San Diego real estate (or any real estate) investment you must make sure that you have got your requirements right, have evaluated your options well and have learnt the tricks of making profit through real estate. San Diego is a pleasant place and that is one great reason why a lot of people want to get a piece of San Diego real estate. And if a lot of people want a piece of San Diego real estate then it must make business sense (and investment sense).
If you are looking for San Diego real estate for investment purpose, then you would really be looking at the profits you can make by reselling that piece of San Diego real estate. So, in this case your requirement would be to search for San Diego real estate that can be bought for cheap and sold for a profit. You might either be flipping (i.e. quickly selling off that San Diego real estate as-is to another party for a profit) or you might be selling it off after a couple of years (expecting appreciation) or you might be getting that San Diego real estate repaired in order to add to it’s value before actually selling it off. The key here is to get it cheap. A lot of people suggest that rehab is the way to go i.e. you buy an ugly looking piece of San Diego real estate and then get it repaired so that it shines and sells well. Some would say economic factors are the ones to be considered most when going for San Diego real estate. Others would say location of the property is most important when considering San Diego real estate. However, what everyone seems to be missing out on is the fact that you can buy it cheap only if the seller is motivated enough i.e. the seller just wants to sell the property (that San Diego real estate) real quick. This could be due to various reasons e.g. a divorce, an impending foreclosure, need for cash for some emergency, job transfer or moving to another place just for any reason. When the seller is in a hurry to sell i.e. when the seller is motivated (and the degree of motivation can vary from person to person), you get an opportunity to negotiate a real good deal. If you have great negotiation skills, you can get that San Diego real estate for real cheap. So, not only is finding the right San Diego real estate (and at the right location) necessary, you also need to find the right seller (i.e. someone who is motivated enough).
Surely, San Diego real estate does look attractive.

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Real estate agent

All about real estate agents

Real estate agents are professionals who help in connecting the buyer to the seller. A lot of real estate agents also do rentals wherein they connect tenants to landlords and even maintain the property on the behalf of the landlords. The real estate agents work by linking together the two interested parties and charging a commission for their services. For sales, they charge commission only to the seller but for rentals (i.e. agent managed rentals) the commission is charged to both parties involved in the transaction. Real estate agents generally calculate their fee as a percentage of the selling price (in case of sales) and as part of the rent (for rentals). People, who want to sell/let their property, leave the details of their property with the real estate agent (and in fact, even leave the keys of the house so that the real estate agent can arrange for viewings without them getting into any hassle). The other interested party (i.e. the buyer/tenant), gets access to this information by contacting the real estate agent. That’s how the real estate agents become a hub of information.

A lot of home seekers (including real estate investors) use the services of real estate agents not just for getting good deals but also getting them quick. Since real estate agents are probably most familiar with the market situation in their region of operation, it makes sense to approach them to get an idea of the going rate for properties in that region. Real estate agents would generally know the prices of various properties of different types and at various locations in the region.

A property seller can possibly get a few thousands more for his/her property by using the advice received from a good real estate agent. A good real estate agent will also analyse the needs of a home buyer/tenant and provide suggestions on what kind of home could be available to them within their budget. So a good real estate agent will not just throw a list of available properties to the buyer/ tenant but will actually discuss their needs and make a suggestion. This, in fact, works in the favour of real estate agent in two ways. Firstly, if the real estate agent is able to sell the house they get their commission and secondly, if they make the buyer happy too they earn a good reputation (and hence more business).

However, it is worth noting that real estate agents work on seller’s behalf. So, beware if they are trying too hard to sell a property.

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The Mystery of Mortgages

The world of mortgages can be very overwhelming when you first look at all of the options. There are so many terms, regulations, different fees, options, and different forms that it can become very confusing. But with a little understanding and research on exactly what mortgages are all about, you will find that it will be a lot easier to apply and get the home of your dreams. Below is some information on mortgages and some of the things that go along with them, like fees and terms, to help give you a little understanding on the subject.

Types of mortgages:

There are many types of mortgage options available. The three main types are fixed rate, convertible and special loans.

The fixed rate home loan in which you have options like:

30year loan – where you pay a fixed fee over the course of 30 years.

15 year loan – where you pay a fixed fee over the course of 15 years

Biweekly – where you pay your repayments every two weeks.

Adjustable rate mortgage or ARM – where you pay you variable amounts each repayment, they are based on the interest rate.

Convertible loans that include:

Hybrid and convertible ARM – where you can covert between a fixed rate or an ARM

Interest only loans – where you only pay the interest each payment until you are able to put down a lump sum.

Balloon loans – where you pay only the interest and at the end of the term you pay the total amount due all in one large payment.

Reverse mortgage – for equity rich seniors and don’t have to make any repayments until sale of the house.

Buy down loan – a loan that works on points to lower interest rates.

And the last category of loans is special loans:

FHA loan – for first home buyers and people with credit problems.

Veteran Affairs mortgage loan – only for people and widowers of the armed forces.

With all these mortgage options and more there will definitely be one that will suit your needs.

Fees:

There are many types of fees when it comes to mortgages, some of these fees and what they are for include:

Appraisal – where you pay for a person to do an appraisal on what your completed home’s value will be.

Organization – a fee that pays the lender and their workers for processing your application and other related duties.

Down payment – what you put down on a deposit on your home, this is usually about 1–20%

Closing costs – this pays for the transfer of your ownership of the home, this is usually 1-3% of your loans total but it can vary.

Other terms:

There are many other terms that you should know when going into the mortgage field. Below are some of them and what they mean.

Points – these are used to lower your interest rate and are usually done by a lump sum payment at the closing.

Good faith estimate – this is when you are given that total in amount of fees you will have to pay when it comes to the closing.

Loan locks – this is where you and the mortgage company or lender agree on a set interest rate at the beginning of the mortgage process, if you don’t lock your loan the interest rate can increase or decrease.

A truth in lending disclosure – this form gives you the complete cost of your loan in both a percentage and dollar form.

Pre qualifying – this is where you qualify for a loan before you actually go for one, it is a good way to review your financial status and lets you determine what amount of loan will suit your budget.

PITI – this means principle (amount of your loan), interest, taxes and insurance, all of these things are crucial to your mortgage and your repayments.

Escrow – this is where money and important information is held by a third party while two people are in a business transaction.

There is so much information you need to take in when you go into the world of mortgages but hopefully the above has given you a little bit of understanding of what it is all about. This should help you ease into the mortgage field a little easier. A financial professional or your lender will be happy to go through all the details with you when you are having trouble.

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