Anatomy of a Residential Mortgage Loan Jay L. Hack, Esq. Gallet Dreyer & Berkey, LLP
[email protected] Supporting Materials 1. Seminar Outline 2. Shopping for a mortgage? What can you expect under federal rules? Consumer Financial Protection Bureau 3. Uniform Residential Loan Application Fannie Mae Form 1003 4. Commitment Disclosures and Procedures ‐ Part 38.4 of the General Regulations of the Superintendent of Financial Services 5. Note ‐ New York Fixed Rate – Fannie Mae Form 3233 6. Note ‐ Multistate Adjustable Rate – ARM 5‐1 – Fannie Mae Form 3501 7. Mortgage ‐ New York Single Family Fannie Mae/Freddie Mac Form 3033 8. Multistate Condominium Rider Fannie Mae/Freddie Mac Form 3140 ANATOMY OF A RESIDENTIAL MORTGAGE LOAN 1) INTRODUCTION a) What is a Residential Mortgage Loan? b) The note is the obligation c) The mortgage is the collateral for the note i) Lenders own NOTES that are collateralized by mortgages. ii) Whoever owns the NOTE owns the loan. d) Source of law i) Federal – applies generally to all residential lenders (1) Truth in Lending Act (2) Equal Credit Opportunity Act (3) Real Estate Settlement Procedures Act (4) Many other federal statutes of less significance ii) State – apples to lenders in NY except those benefitted by federal pre‐emption (national banks, federal savings banks, federal savings and loans, federal credit unions) (1) State licensing if not a bank or insurance company (Banking Law Article 12‐D) (2) Part 38 of the General Regulations of the Superintendent of Financial Services 2) WHO ARE THE LENDERS? a) Banks b) Insurance companies c) Subsidiaries of the above d) “Mortgage Bankers” – state licensed e) Private lenders f) Mortgage brokers (1) They don’t make loans (2) They can’t issue contractual promises (commitments) to make loans (a) More about commitments later.