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Financing basics: note, deed of trust, LTV, PMI, points, interest, PITI, underwriting

Real Estate Law and Real Estate Practice · 3 study hours

Bottom line: A buyer borrows with a promissory note (the promise) secured by a deed of trust (the claim on the house); the monthly payment is PITI, and lenders approve by looking at credit, income, down payment, and the house.

Bottom line: most buyers need a loan. Knowing the two loan papers, the main ratios, and the monthly math lets you explain a deal in plain words, though only a licensed lender or loan originator may give loan advice.

Two documents, two jobs

A promissory note is the borrower's written promise to repay a stated amount with interest on stated terms. It is the debt. A security instrument is the paper that pledges the property as security for the debt. In many states it is a mortgage. Colorado uses a deed of trust.

A deed of trust has three parties: the borrower (trustor), the lender (beneficiary), and a neutral trustee who holds legal title as security. In Colorado the trustee is the county public trustee, a county official who handles foreclosures and releases. If the borrower defaults, the lender starts a foreclosure through the public trustee, who runs the sale (C.R.S. 38-38-100.3 and following; see the notice rules in 38-38-103 and the right to cure for nonpayment in 38-38-104). When the loan is paid off, the lender asks the public trustee to release the deed of trust. The deed of trust is recorded in the county records so the public knows the lien exists and its date (C.R.S. 38-35-109).

The key numbers

  • Down payment: the cash the buyer puts in. Price minus down payment = loan amount.
  • Loan-to-value (LTV): loan / the lower of price or appraised value. Lower is safer for the lender.
  • PMI (private mortgage insurance): on conventional loans with less than 20% down, the buyer pays insurance that protects the lender, not the buyer. Under the federal Homeowners Protection Act, the borrower can ask to cancel when the balance reaches 80% of the original value (given good payment history), and it ends automatically at 78%. FHA loans use a different system called MIP.
  • Interest: the cost of borrowing, set as a yearly percent. In early years of a 30-year loan most of each payment is interest. This is amortization: paying off the loan over time with level payments.
  • Points (discount points): prepaid interest. 1 point = 1% of the loan amount. Paying points buys a lower rate.
  • Origination fee: what the lender charges to make the loan, often quoted as a percent of the loan.
  • PITI: Principal, Interest, Taxes, Insurance, the full monthly housing payment. Taxes and insurance are usually collected by the lender into an escrow account and paid when due. HOA dues are separate but are counted by lenders.
  • Debt-to-income ratio (DTI): monthly debts / gross monthly income. The front-end version counts only housing; the back-end counts all debts (car loan, student loan, cards).

Underwriting

Underwriting is the lender's review of whether to approve the loan. They study the "four C's": credit (the score and history), capacity (income and DTI), capital (down payment and savings), and collateral (the house, checked by the appraisal). Brokers should never promise a buyer will be approved.

Federal law requires lenders to give standard loan cost disclosures (TILA and RESPA). A broker should not take a kickback for referring a buyer to a lender; RESPA forbids it.

Loan clauses to know

  • Acceleration clause: lets the lender demand the whole balance at once if the borrower defaults.
  • Due-on-sale clause: the lender can demand full payment if the owner sells or transfers the property. This is why most existing loans cannot just be "taken over" without lender approval (federal law supports these clauses: Garn-St Germain Act).
  • Prepayment penalty clause: a fee if the loan is paid off early. Many modern home loans have none. Check the note.
  • Escrow / impound clause: the lender collects taxes and insurance monthly.

Common loan types: conventional (no government backing), FHA (insured by the Federal Housing Administration, lower down payments), VA (for eligible veterans, often no down payment), and USDA (rural areas).

Example with real numbers

A buyer buys a Boulder County house for $500,000 with 20% down: $500,000 x 0.20 = $100,000 down. Loan = $500,000 - $100,000 = $400,000. LTV = $400,000 / $500,000 = 80%, so no PMI.

The rate is 6.5% for 30 years (360 months). The monthly rate is 6.5% / 12 = 0.5417%. The standard payment formula gives principal and interest of $2,528.27 a month. Check the first month: interest = $400,000 x 0.065 / 12 = $2,166.67, so only $2,528.27 - $2,166.67 = $361.60 reduces the loan.

Add taxes of $4,200 a year ($350/month) and insurance of $1,800 a year ($150/month): PITI = $2,528.27 + $350 + $150 = $3,028.27 a month. With gross income of $9,500 a month, front-end DTI = $3,028.27 / $9,500 = about 31.9%. Add a $400 car payment: ($3,028.27 + $400) / $9,500 = about 36.1% back-end.

Over 30 years the borrower pays $2,528.27 x 360 = about $910,178. Subtract the $400,000 borrowed and interest alone is about $510,178.

Points: 1 point on this loan = 1% x $400,000 = $4,000. If it drops the rate to 6.25%, the payment falls to $2,462.87, a saving of $65.40 a month. Break-even = $4,000 / $65.40 = about 61 months (about 5 years). The buyer only wins if they keep the loan longer.

Less down: with 5% down the loan is $475,000, LTV 95%. If PMI costs 0.5% a year, that is $475,000 x 0.005 = $2,375 a year, about $198 a month, until the balance reaches 80% (then it can be canceled on request).

Law cited

Key terms

Promissory note
The borrower's written promise to repay a loan. It is the debt itself.
Deed of trust
The security instrument Colorado uses: it pledges the property as collateral, with a trustee holding title as security.
Public trustee
The county official in Colorado who handles foreclosure sales and releases of deeds of trust.
Loan-to-value (LTV)
Loan amount divided by the lower of price or appraised value.
PMI
Private mortgage insurance: required on conventional loans with less than 20% down, protects the lender.
Amortization
Paying off a loan through regular payments that cover interest and part of principal.
Discount point
Prepaid interest to buy a lower rate. 1 point = 1% of the loan amount.
Origination fee
The lender's charge for making the loan, often a percent of the loan.
PITI
Principal, interest, taxes, insurance: the full monthly housing payment.
Escrow account
An account the lender holds to pay property tax and insurance for the borrower.
Debt-to-income ratio (DTI)
Monthly debt payments divided by gross monthly income.
Underwriting
The lender's review of credit, capacity, capital, and collateral to decide on the loan.
Acceleration clause
Lets the lender demand the entire balance on default.
Due-on-sale clause
Lets the lender demand payment in full if the property is sold or transferred.
Prepayment penalty
A fee charged for paying a loan off early.

Flashcards

Note vs deed of trust

Note: the promise to pay (the debt). Deed of trust: the property pledged as security.

Parties to a deed of trust

Borrower (trustor), lender (beneficiary), trustee. In Colorado, the county public trustee.

Who handles foreclosure sales in Colorado?

The county public trustee (C.R.S. 38-38).

LTV formula

Loan / lower of price or appraised value.

When is PMI required?

Conventional loans with less than 20% down.

When can PMI be canceled or end?

Borrower may request at 80% of original value; automatic at 78% (federal law).

What is one discount point?

1% of the loan amount.

What does PITI stand for?

Principal, Interest, Taxes, Insurance.

DTI formula

Monthly debts / gross monthly income.

The four C's of underwriting

Credit, capacity, capital, collateral.

Acceleration vs due-on-sale

Acceleration: whole balance due after default. Due-on-sale: whole balance due if the property is sold or transferred.

Quiz: 10 questions

Tap an answer. It shows right or wrong and opens the reason. Your score is saved in this browser and counts in the study app.

  1. In Colorado, the security instrument normally used for a home loan is the:

    1. A Mortgage with judicial foreclosure
    2. B Land contract
    3. C Quitclaim deed
    4. D Deed of trust
    Show answer and why

    Answer: D. Deed of trust

    Colorado uses deeds of trust, with the public trustee as the official who handles foreclosure and release. A mortgage is the other state model.

    C.R.S. 38-38-100.3

  2. The borrower's written promise to repay the loan is the:

    1. A Promissory note
    2. B Deed of trust
    3. C Title commitment
    4. D Declaration
    Show answer and why

    Answer: A. Promissory note

    The note is the debt. The deed of trust only pledges the property as security.

    General rule

  3. Who handles the foreclosure sale and release of a deed of trust in Colorado?

    1. A Sheriff of any county
    2. B Real estate Commission
    3. C County public trustee
    4. D Federal court clerk
    Show answer and why

    Answer: C. County public trustee

    The county public trustee does both. The Commission regulates licensees, not foreclosures.

    C.R.S. 38-38-100.3

  4. A buyer pays $450,000 for a house and puts 10% down. The LTV is:

    1. A 110%
    2. B 80%
    3. C 10%
    4. D 90%
    Show answer and why

    Answer: D. 90%

    Loan = $450,000 - $45,000 = $405,000. $405,000 / $450,000 = 90%.

    General rule

  5. One discount point on a $320,000 loan costs:

    1. A $320
    2. B $3,200
    3. C $32,000
    4. D $1,600
    Show answer and why

    Answer: B. $3,200

    1% x $320,000 = $3,200. Using 0.1% gives the wrong $320.

    12 CFR 1026 (TILA)

  6. Which is NOT part of PITI?

    1. A Principal
    2. B Interest
    3. C HOA dues
    4. D Homeowner's insurance
    Show answer and why

    Answer: C. HOA dues

    PITI is principal, interest, taxes, and insurance. HOA dues are a separate cost, though lenders count them in DTI.

    General rule

  7. A buyer earns $8,000 a month, pays $2,000 PITI and $400 in other debts. The back-end DTI is:

    1. A 25%
    2. B 30%
    3. C 20%
    4. D 5%
    Show answer and why

    Answer: B. 30%

    ($2,000 + $400) / $8,000 = 30%. 25% is only the front-end ratio.

    General rule

  8. A clause that lets a lender demand the full balance if the owner sells is a:

    1. A Prepayment clause
    2. B Escrow clause
    3. C Acceleration clause only for default
    4. D Due-on-sale clause
    Show answer and why

    Answer: D. Due-on-sale clause

    Due-on-sale is triggered by transfer. Acceleration is triggered by default.

    12 U.S.C. 1701j-3

  9. A $400,000 loan at 6.5% for 30 years has a P&I payment of $2,528.27. How much of the first payment is interest?

    1. A $361.60
    2. B $2,166.67
    3. C $2,528.27
    4. D $4,000
    Show answer and why

    Answer: B. $2,166.67

    $400,000 x 0.065 / 12 = $2,166.67. The leftover $361.60 is principal.

    General rule

  10. A conventional borrower with 5% down is paying PMI. Under federal law, automatic termination happens when the balance reaches:

    1. A 78% of original value
    2. B 90%
    3. C 80% on its own with no request
    4. D 50%
    Show answer and why

    Answer: A. 78% of original value

    The borrower may request cancellation at 80%; it ends automatically at 78% if payments are current.

    12 U.S.C. 4901 et seq.

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