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[Category]
U.S.A. California Real Estate Transaction LAW (̱ ĶϾ εŷǹ)
  • λҼ
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  • U.S.A. California Real Estate Transaction LAW (̱ ĶϾ εŷǹ)
  • U.S.A. California Civil Procedure Code (̱ ĶϾ λҼ۹)
  • U.S.A. Illinois Civil Procedure ACT (̱ ϸ λҼ۹)
  • U.S.A. Trust Law and Principles ̱Ź ؼ
  • U.S.A. Federal Rules of Civil Procedure (FRCP. ̱ λҼ۱)
  • U.S.A. Uniform Prudent Investor Act (UPIA. ̱ ǥ ڹ)
  • U.S.A. Uniform Trust Code (̱ ǥ Ź 𵨾)
  • U.S.A. Uniform Principal and Income Act (UPAIA. ̱ ǥ й 𵨾)
  • U.S.A. California Trust Code (̱ ĶϾ Ź)
  • U.S.A. California Civil Code (̱ ĶϾ ι)
  • ȸ,,
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  • ༭ ۼ, , ı, ı, , ع
  • , ǥ, ðǥؾ
[Category]
U.S.A. California Real Estate Transaction LAW (̱ ĶϾ εŷǹ)


[Title]
7 ε
Start →



7 ε

1. ̱ ־ ε
2. ε
3. ȭ ġ
4. ä μ ε
5. ε ä - 1 ǽ
6. 䱸
7. Ÿ




1 ̱ ־ ε (Role of Real Estate in the National Economy)


ϴ ٿ ̱ ü ѵ ݵǴ ں ü̴. , ü Ǵ ֽȸ ü ڽ , ǰܰ 뿪 ϰ , δ Ž ȸ񿡼 ü ո , , ϰ ִ ϱ Ϲݰ Ȱ ϰ ģ.


̱ ε ̷ ̱ üϿ 4 ߿ ϰ ִ.

() :

μӱ ̱ ( ) ſ ū κ ϰ ִ.

帧 :

ε 뿡 , ε Ǽ Ǵ , 뵿, ں, 濵 о߿ ҵȴ.

ֿ :

ε (߰, Ǽ, , ) âϴ ֿ ̴.

Ͱ â :

ð Ը ְ ִ.


2 ε ڱް (Real Estate Finance and Interest)

(1) ε ڱ(Real Estate Business and Finance)

ε ŷ ʿ ڱ ε ¿ϴ μ ü ǿ ̴. ε ϴ ε갳߾, Ǽ, ε Ŀ(Broker) Ǻδ Ŀ(Mortgage loan Broker) ݵ ڱ ް ˾ƾ Ѵ.


ڱ ޿δ е ִµ, ̵ ε꿡 Mortgage() 㺸 ϰ ϸ鼭 μ Ӿ(Promissory Note) (Mortgage)(Mortgage) Ǵ Ź(Deed of Trust) Ͽ ̸ ̿Ͽ Դ.

̵ 㺸 ؼ Ǽ(Title Theory) 㺸Ǽ(Lien Theory) ִ.

̱ ֿ Mortgage( ) 㺸 Mortgagee(ä) ڷ ľϰ, Mortgagee Mortgagor ä ȯÿ ȿȭǴ Ǻη Ѵ. ̵ ̸ Mortgage ̷(Title Theory) ä (State)̴. ̵ ޸ ַ ߼ ֵ鿡 ̳ 㺸Ź ƴ 㺸 ε , , Ÿ (Mortgagor ä
) ñ Ͽ Դ. ̵ ̸ 㺸̷(Lien Theory) ϴ (State)̴.

쿡 Ǽ(Mortgagor ä
) ä ϸ (Mortgagee, ä) ε ŰóϿ Ű ä ȯ ϰ ȴ. Ϻ ֿ ȯűⰣ ξ  Ǽڰ Ⱓ ε ǻ ְ ϰ ִ.


(2) (Interest)

ε ż ε ԰ Ϻ Ǵ ϴ ſ ̿ϴ Ͱ ̴. ż ŵκ ſ ޴´ٸ ż ̿ ڸ ؾ Ѵ. ż żڱ ִ ٸ ڱݰ޿κ ų ̹ ε 㺸 Ͽ ִ.  ̵ ׷ ڱݿ 뵵 ڿ شȴ.

ڴ ϴ 밡̴. ̷ ڴ ſ ׼, ׼ () ǥõȴ  δ ڸ Ʈ ڷ ǥϱ⵵ ϴµ, 1Ʈ 1% Ѵ.
.

ε ִ Ͱ ε żڱ ϴ 嵵 ִ. äڵ ڱݿ ä
̷ Ѵ. ׵ (Interest rate) ߰, ࿡ ʿ ð ǵ ŷְ Ϸ Ѵ. ̷ äڵ κ ڽŵ ε żڵ鿡 ִ ڱ ܺ ޿ ϰ ִ. ̷ ܺڱ پų, äڵ ܺڱ ϰ Ǹ, ̵ äڵ鿡 Ҹ ϰ ȴ.


3 ȭ ġ(Institutional Device for Money Supply)

ȭ  Ϳ ġ Ӹ ƴ϶ ȯ Űü̱⵵ ϸ DZ⵵ ϴ. ڽ 뵿 밡 µ, ´ ȭ · Ǿ ޵Ǵ ̴. ̷ 뵿 밡 ̿ܿ , Ӵ, , 뿩 밡κ͵ ִ. ̷ ȭ 뿪 ٽ ȯǰų Ǵ ڳ ,  ʿ ڱ ޿ Ǵ ΰ DZ⵵ Ѵ. ȸ ü ϰ, ӱ ϰ, ٸ Ӹ ƴ϶ ڵ Ѵ.

ǰ ȭ

Һ 䰡 Ҽ ҵ Ȯ âѴ. Ǽǰ, ǰ , ǰڵ ӱ ޹޴´. ̷ Ȱ ȭ Ͽ ԽŲ.


ݴ Ⱑ â پ ڱ 帧 پ 귮 پ ̴. ȯ  ʿ ǰ 񽺸 ϴ ȴ. پ α׷ Ͽ ̿Ͽ  ΰ ü ϱ⵵ Ѵ.
ϰ ϴ ʿ ں Ѵ. ε żڿ ڿ ִ ڱ ʸ Ѵ. κ ڸ ް ٽ ش.

        
(1) غ(Federal Reserve Bank System, FRB)

FRB 1913 ̱ ߾ ϵ ȸ . FRB ÷̼̳ Ű 庯 Ű 帧 ſ Ѵٶ FRB ȸ غ(Reserve) Ͽ ε ڿ ߴ ġ⵵ Ѵ.
. 12 غ 7 ̻ ̻ȸ(Board of Governors) å . ̻ȸ 14 ӱ ̱ ɿ Ӹǰ صȴ. FRB ȸ ؾ ϸ ȸ ҵ ִ.

FRB ֿ Ȱ .

ȸ غ(Reserve requirements), øų ߿ Ǵ ̰ų ø
ȣϰ 򰡵 ΰϴ ݸ(Prime rate) ñ Һڵ鿡 ΰǴ ִ αݸ(Discount rate), ȸ FRBκ ؾ ϴ ϰ
忡 (Government Securities, ) Ÿν ڱ Ѵ. ۿ (open market operation)̶ Ѵ.

(2) ô(Federal Home Loan Banks, FHLB)

12 ô ִ. ̳ ο ΰ ȸ(Savings and Loan Association) ȸ ôκ ׵(ȸ ) ϴ ̿Ǵ ڱ ϱ Ͽ Űϴ ô ֽ ׵ ڱں δ.

ý ô ĶϾ, ׹ٴٿ Ƹ ϴ 11 Ѵ.

(3) ݺ(Federal Deposit Insurance Corporation, FDIC)

ݺ ȸ ִ ġ () 25 ޷ Ѵ.

4 ä μ ε(Real Estate as Additional Protection for Interest)

ε ŷ ʿ ū ? װ  ε ü 㺸 ֱ ̴.

ĶϾֿ ε Ϲ 㺸 (Ӿ, 㺸) ̿Ͽ ̷. 켱, Ӿ(Promissory Note) ݾ ϰڴٴ ä ӿ ۼ ŷ ʰ Ǵ ä̴. ° 㺸(Security instrument) ⿡ 㺸 Ǵ ε ü ϴ ȴ.

̷ 㺸 ε ڴ ε (Mortgage) ȴ. ä 㺸(Hypothecation Hypothecation is the practice where a borrower Pledges collateral to secure a debt or a borrower, as a condition precedent to a loan, has a third party (usually an affiliate) Pledge collateral for the borrower. The borrower retains ownership of the collateral, but it is "hypothetically" controlled by the creditor in that he has the Right to seize possession if the borrower Defaults. A common example occurs when a consumer enters into a mortgage agreement, in which the consumer's house becomes collateral until the mortgage loan is paid off. The detailed practice and rules regulating hypothecation vary depending on context and on the jurisdiction where it takes place. In the US, the legal Right for the creditor to take ownership of the collateral if the debtor Defaults is classified as a lien. Rehypothecation is a practice that occurs principally in the financial markets, where a bank or other broker-dealer reuses the collateral Pledged by its clients as collateral for its own borrowing.

) Ȱ ä ä ʴ´ٸ 㺸 ε ִ ̴.

̷ 㺸 ⿡ 㺸 絵㺸(Pledge A Pledge is a bailment that conveys possessory title to property owned by a debtor (the pledgor) to a creditor (the Pledgee) to secure repayment for some debt or obligation and to the mutual benefit of both parties. The term is also used to deNote the property which constitutes the Security. A Pledge is type of Security Interest. Pledge is the pignus of Roman law, from which most of the modern European-based law on the subject is derived, but is generally a feature of even the most basic legal systems. It differs from hypothecation and from the more usual Mortgage in that the Pledge is in the possession of the Pledgee. It is similar, however, in that all three can apply to personal and real property. A Pledge of personal property is known as a pawn and that of real property is called an antichresis.

) ϴ. ߿ 絵㺸(Pledge) 㺸 ä Ϻҵ äڿ Ѿ, ε 㺸 äڰ Ѵ. ε꿡 㺸 (Mortgage)̶ Ѵ. ׷ 㺸 ̿ܿ 㺸Ź ¸ 쵵 ִ.



(1) Ӿ(Promissory Note)

Ӿ Ư ǿ ϰڴٴ ̴. ݿ ڿ θ Աݿ ݺһȯ(Amortizing Loan In banking and finance, an amortizing loan is a loan where the principal of the loan is paid down over the life of the loan (that is, amortized) according to some amortization schedule, typically through equal payments. Similarly, an amortizing bond is a bond that repays part of the principal (face value) along with the coupon payments. Compare with a sinking fund, which amortizes the total debt outstanding by repurchasing some bonds. Each payment to the lender will consist of a portion of Interest and a portion of principal. Mortgage loans are typically amortizing loans. The calculations for an amortizing loan are those of an annuity using the time value of money formulas, and can be done using an amortization calculator. An amortizing loan should be contrasted with a bullet loan, where a large portion of the loan will be paid at the final maturity date instead of being paid down gradually over the loan's life. An accumulated amortization loan represents the amount of amortization expense that has been claimed since the acquisition of the asset.

)ĵ ְ, ڸ ϰ Ѳ ϴ Ͻûȯ(Straight Note Straight Note: a Promissory Note evidencing a loan in which payments of Interest only are made periodically during the term of the Note, with the Principal payment due in one lump sum upon maturity. a straight Note is usually a nonamortized Note made for a short term, such as three to five years, and is renewable at the end of the term.
)ĵ ִ.  Ư Ⱓ Ϻθ ϰ Ⱓ ִ ݰ ڸ Ѳ ϴ յ Ͻûȯ(Balloon Payment A balloon payment is an unusually large payment due at the end of a Mortgage or loan. Since the payments are not spread out, this large sum is the final repayment to the lender. Holding back most of a debt and paying it only towards the end of the agreement makes both those last payments and the total amount repaid much larger. The name comes from the fact that the debt becomes inflated like a balloon as a result of the compound Interest accumulating on the large sum. Another, more technical term is partial amortization.
)ĵ ִ. ĶϾ ε ϸ Ͻûȯ̶ 1ȸ Ծ Աݾ  2谡 Ǿ ϴ ϰ ִ. ݺһȯ(Installment Note An installment Note is a form of Promissory Note calling for payment of both principal and Interest in specified amounts, or specified minimum amounts, at specific time intervals. This periodic reduction of principal amortizes the loan.

), ä ݰ ڸ  ؼ ֱ(밳 ſ) ȯϵ ̴.


(Negotiable Instrument A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time. Negotiable instruments are often defined in legislation. For example, according to the Section 13 of the Negotiable Instruments Act, 1881 in India, a negotiable instrument is a Promissory Note, bill of exchange or cheque payable either to order or to bearer. Cheque also includes demand draft [Section 85A]. More precisely, it is a document contemplated by a contract, which (1) warrants the payment of money, the promise of or order for conveyance of which is unconditional; (2) specifies or describes the payee, who is designated on and memorialized by the instrument; and (3) is capable of change through transfer by valid negotiation of the instrument. Since a negotiable instrument is a promise of a payment of money, the instrument itself can be used by the holder in due course as a store of value; although instruments can be transferred for amounts in contractual exchange that are less than the instruments face value (known as Discounting). Under United States law, Article 3 of the Uniform Commercial Code as enacted in applicable state law governs the use of negotiable instruments, except bankNotes (Federal Reserve Notes, a.k.a. "paper dollars").
)

Ӿ Ƿ ߾ Ѵ.

Ϲ Ÿο Ǿ ޵ ̸,
Ǿ
̹ Ư ݾ, Ǵ 巡 ִ ݾ, Ǵ û ݾ ̸
̳ ڿ ϰ
װ ۼ ڿ Ǿ Ѵ.

Ӿ μ ߰ Ǹ Ӿ Ӿ Ͽ 㺸 Ǹ ŵϰų 絵, , ϰų, Ӿ ü 㺸 ִ. ׸Ͽ Ӿ̶ ܼ ̿Ͽ پ ä̳ ä迡 谡 ȿ ְ ȴ.

Ӿ ο , Ǵ ϰų ׷κ 絵 ӵ ǹ ִ ̴. ̶ ϰų 絵 ڸ (Assignee Transferee
)̶ Ѵ. μ ʴ´ٸ  Ư ȴ.
(Holder in due course Ȥ
)μ ڰ ٸ, ڽſ 絵 ġ ְ ִ.


(Holder in Due Course)

̶ Ӿ, ǥ
̸ ڷμ, ε Ͽ , װ ְų Ǵ ҸǾٴ ϰ 밡 ϰ Ƿ ڸ Ѵ.


࿡ Ͽ ̸ ִ ׺δ .

࿡ 밡 ϰų ۼڰ ȯϱ ڱ̳ ʾ

̹ ҵǾ ä ̹ ҵǾ

ä ä Ѵٴ

ο ä

(ҹ޴ ) ٰϿ ۼϿ


׷ ڳ ̵κ ׺ ұϰ, ִ.

̶ 쿡 ִ.

Ǹ ɷ
Ǿ
ҹ ҹ õ

ǿ ־ ߴ () ־ ǿ û




(2) (Mortgage) Ź(Mortgage or Deed of Trust)

ε 㺸 äڰ ä äڿ Ű ä ε 㺸 ִ ̴. տ ó ε (Mortgage) 絵㺸(Pledge) 絵㺸 ޸ ε 翡 ε ڰ ε Ѵٴ ٸ. ̷ ε 㺸 õ ¸ ϰ , Ϲδ (Mortgage)̶ ĪѴ.

ĶϾֿ ε꿡 㺸μ () Ǿ, Ź(Deed of Trust), Ư 㺸Ź 㺸μ ȣǰ ִ.

1933 ĶϾ Ź ó(Foreclosure)(Judicial Foreclosure) (Mortgage) ó(Foreclosure) Ȱ Ѵٰ ǰߴ. ǰ ä ÿ Ź ִ äڰ ִ äں ξ ־. ̷ ǰῡ ұϰ Ź ִ äڴ 鿡 (Mortgagee) äں 찡 .


(Mortgage)

ϳ Ǹ̸, ̿ ε ä ̳ ä ä Ϻ ϱ 㺸 Ǿ Ÿ ̴.  ä (Mortgagor) ä (Mortgagee) ε 㺸 οѴ. Ǽ äڰ ä ϱ ä ü ڸ å ɿ 㺸ǽ ó ϴ ̴. ̿ μ Ű (Power-of-Sale) Խų ִ. Ű ִ Ź Źڿ Űó(Trustees Sale) Ѵ.

ó(Foreclosure) ε īƼ Ÿ ǽϿ ְ ڿ ε Űϵ Ѵ. Ӹϰų Ȱ   Ű ϵ Ѵ.


õ ڵ Ǽڿ ļ
ä ä ϰ, ̿ Ͽ ä ο Ŀ ߷ɵ ִ. ä Ǿ ʿ ǰȴٸ ̳ Ȱ ε꿡 з(Notice of Levy) ϰ Ѵ. ̷κ 20 Ŀ Ű (Notice of Sale) ڿ ߺεǴµ, ä߿ ڰ ûϴ ǰ(Deficiency Judgment ࿡ ؼ äǿ Ȯǰ
A Deficiency Judgment is an unsecured money Judgment against a borrower whose Mortgage Foreclosure Sale did not produce sufficient funds to pay the underlying Promissory Note, or loan, in full. The Availability of a Deficiency Judgment depends on whether the lender has a recourse or nonrecourse loan, which is largely a matter of state law. In some jurisdictions, the original loan(s) obtained to purchase property is/are non-recourse, but subsequent refinancing of a first Mortgage and/or acquisition of a 2nd (3rd., etc.) are recourse loans. In short, many jurisdictions hold that the loans obtained at the acquisition of a property ("purchase-money") are non-recourse, and most if not all subsequent loans are. States that follow the title (Trust-Deed) theory of Mortgages typically allow non-judicial Foreclosure procedures, which are fast, but do not allow Deficiency Judgments. States that follow the lien theory of Mortgages require judiciary Foreclosure procedures, but allow Deficiency Judgments against the debtor. It is important to Note that there is a difference between a Deficiency and a Deficiency judgement. A "Deficiency" is the difference between the amount owed on a loan and the total amount received/collected at the closing of a loan. A Deficiency Judgment is a court Judgment that is a public record of the amount owed and by whom. In many states, items included to calculate the amount of a Deficiency Judgment include: the loan principal, accrued Interest and attorney fees less the amount the lender bid at the Foreclosure Sale.
) û ִ 쿡 Ű 120 ߷ɵȴ.

ŰǴ ε Žð, Ҹ Ű Ű ̷ ε ҿ 21 Խõȴ. Ű ε ÿ Ϲݿ Ǵ Ź Ǵ ε īƼ ε ִ ÿ Ǵ Ź 3 ϰ ȴ.

ó(Foreclosure) ſ ڰ ݾ ſݾ 5 õ ޷ ʰ ڴ 5 õ ޷ ʰϴ ݾ Ǵ ݾ 10% ġϰ, 10 ̳ ܾ ִ ñ . ñ ̿Ѵٸ ڴ ϰ ̿ ߻ϴ ߰ ڵ Բ ؾ Ѵ. ڰ 10 ̳ ݾ ϳ Ű 簳Ǹ, ó ſ ڴ ſ , , ȣ װ ſ å ִ. ° ſ Ŵ ִ.


̳ Ȱ Ÿ(Certificate of Sale) ڿ ְ Ǵµ, ڴ ̸ Ͽ Ѵ.

ó ε ä ϴ ȴ. 1 ڿ ǰ ڱ 켱 㺸ڿ Ǹ, ݾ ϸ Ǽ äڷμ ε
޵ȴ. Ŵ äװ , ź ϴ , ä ڵ äڴ ̷ ݾ׿ Ǽ Ÿ 꿡 Ͽ ݾ ֵ ǰ(Deficiency Judgment) ִ. ׷ ε żڱ ä̰ų(ڰ ε ŵ), 4 ְ ż γ Ϻθ ϴ 쿡 켱 ް ȴ.

ε , Ǵ ļ 㺸̳ ѱ ڴ ó(Foreclosure) ó(Foreclosure) Ͽ ߻ ä ϰ ε ȸ ִ. ̷ ȸ(Reinstatement) ļ ٽ ȿ Ǵ ̴.


ó(Foreclosure) ࿡ ð Ѵ. Ű ̷ ɸ ƴ϶ ó(Foreclosure) Ű ڴ ŵ ް , ǸȸⰣ(Redemption Period äڳ Ǹ ° ε ٽ ִ Ⱓ
) ϱ ε꿡 Ѵ.

1983 7 1 ǿ ſ ļ ڵ ȯ Ǹ ־. Ű äװ , ϱ⿡ ϴٸ ǸȸⰣ ŰϷκ 3̴. ׷ Ű ϰ, ̿ ڰ ä ʰų ǰ(Deficiency Judgment) , ǸȸⰣ 1 ȴ. ó(Foreclosure) Ű ڴ ε꿡 󸶷 äڵ Ǹȸ(Redemption) ɼ ׻ ο ξ Ѵ.
Ǵ㺸 ä 쿡 ڴ īƼ ҿ (Certificate of discharge, Ǹҿ ʿ ) Ͽ ǿ (Cloud on Title) ʵ Ͽ Ѵ.


Ź(Deed of Trust)

ĶϾ äڵ 㺸 Ź(㺸Ź) ȣϴ Ź Ư¡ 캸 ִ. Ź ǰ ε ŷ Ǵ ä ̴. Ź äڰ ε ϰ ε (ä) Ź(Settlor Trustor
) ߸ 3 Ź(Trustee) Ǿ ä Ϻҵ ä (Beneficiary) Ͽ ȴ. Źڰ 㺸 ä ϸ Źڴ Źε ŰϿ Ű Ǵ㺸 ä ڿ Ǵ㺸ä Ͽ ϰ ȴ. Ź ηϿ ִ.


Ź ä ä Źڴ Ź Űó(Trustees Sale) Ǵ ó(Foreclosure ǿ å Foreclosure .
)߿ ϳ Ͽ ó ִ.
Ǵ㺸ä 㺸Ǿ ִ ε Ź Űó(Trustees Sale) Ź๮(Trust instrument) ٿ ȴ. Źڰ ä ä ڴ ä ʾ äȮμ(Declaration of Default) ۼϿ Źڿ ˸. ڴ äȮμ Բ Ź Źڿ .

ηϿ ÷ε ä(Notice of Default) 1985 6 1 ȿǾµ, ù ڷ μǾ Ѵ. ̷ ä ÿ, ڰ Ź ä Ͽ ߻ ä Ͽ Ѵٰ ߿ Źڿ Ű .


ä Ź, Ź Ǹ °, ļ 㺸, ȸ谨(State Controller), ׸ īƼ ҿ û(Request for Notice) Ǵ ߼۵ȴ.
Ź ̿ ٸ ε õǾ ִ , 4 Ϲο Ǵ Ź ׷ õǾ Ѵ.


ä Ķ Ͽ, äڴ Ű ŰϷκ 5 Ź ǿ 㺸 ä ϰ ε ȸ ִ. ļ 㺸 ä ü ϰ 㺸ε ȸ Ŀ, ڽ ݾ ڽ ä ׿ ΰų ִ.
ä 3 ϸ ó(Foreclosure) Ű Ȱ ŹڸŰ ̷. ŰϷκ 5 äڰ ä׵ ϰ ε ȸ , ŰϷκ 5 Ű ̿ ä ϰ ε ȸϷ ǻ翡 뿩ΰ ̴. ׷ Źڴ Ⱓ и ä ο ϳϰ Ű ų ִ.

Ű ä
ڽ ä ũƮ ſμ äǾ
ִ. Ű δ ̳ ε äڰ ǥ Źڰ Ű ϴ ̷ Ѵ.
Ź ߴ ϳ Ǹȸ ż (Right of Redemption ȯűǰ ϴ.
) ִ. Ź Ű Ŀ äڰ ä ȯϰ Ǹȸ ż . Ű ̹Ƿ, ڴ Ű ε ִ. ä ڰ ε ֱ⸦ ź 쵵 翬 ߻Ѵ. ̷ ڷμ ڽ Žų , ݵ ҹżҼ(unlawful detainer action) Ͽ ޾ Ͽ ڸ ŽŰ ؾ Ѵ.

ä Ǹȸ ż (Right of Redemption) , Ÿ ϴ äڷμ äȸ ɼ ȴ. ֳϸ Ź Ű 찡 Ű ú Ű ä
ä ȯ ɼ ũ ̴.

Ű , ǰ(Deficiency Judgment) ä ܾװ , Ǹź ߰ Ȯ ɼ , δ Ź Ű 찡 Ű Ŭ 찡 Ƿ, ä
ϴ.

Źڿ Ű ϰ ä Ź
㺸Ź 㺸Ǵ ä 쿡, (ä) Źڿ ڽ Ź εϰ Źڿ 絵 ûѴ. Ź Źڷ 絵 絵(Deed of Reconveyance) Źڰ ۼ Ͽ īƼ ҿ μ ̷. Ź Ź 鿡 û Źڿ ȯȴ.

ä Ǹ ä Ǵ
Ź ä Ǵ Ǽ
ǿ ؾ ǹ ִ. ̸ ϸ ڴ λ, ó ִ. Ź ؼ ó ִ.




̷ ϸ, ǰ Ź ̴ .

(number of parties)
絵 (Conveyance of Title)
Ҹȿ(Statute of Limitations)
ä å(available remedies on Default)
Ǹȸ ȸ, Ȱ
Ⱓ(period of reinstatement Definition of 'Reinstatement': 1. The process of re-establishing the status of a person, company or law. 2. In regards to insurance, reinstatement allows a previously terminated policy to resume active coverage. Depending on the circumstance of the termination, such as failure to pay the premium, the insured person may be required to compensate the insurer before reinstatement occurs.
)
Ǹȸż ɼ(Availability of Redemption)
ǰ ɼ(Availability of Deficiency Judgment)
ä (Procedure following satisfaction of the debt)

߿ Ź ä 㺸 ȣϴ ̶ ̴. ѱ ε Ű Ű Ź Ź Ű̵ ǿ Ű̵ ΰ ȯޱ ܿ Ұϴ. ־ ä Ű ڰ ִµ, ̿ ä ΰ ޾ ε ϴ κ äڰ ȯ ʴ å ̴. äڵ ̷ 㺸 ε ϴ ͺٴ ְ ׿ ݰ ڸ ִ Ϳ ֱ ̴.

(3) Ź (Unruh Act The Unruh Act [CC ס1801 et seq] applies to retail Sales of goods and services under written retail installment contracts and retail installment accounts entered into in California. The Act should be liberally construed to protect consumers. [King v Central Bank (1977) 18 C3d 840, 846.]  The following transactions are excluded from coverage under the Unruh Act: Motor vehicles: Conditional Sales of motor vehicles. [CC 1802.1.] Deferred billing Sales: Sales under which a consumer is extended credit subject to an agreement to pay the full price when billed. [See Seibert v Sears Roebuck & Co. (1975) 45 CA3d 1, 9.] Construction and Sale of real estate: Any contract providing for (a) the construction or Sale of an entire residence or mobile home, or all or part of a structure designed for commercial or industrial occupancy, whether or not a parcel of real property is included; and (b) the Sale of a lot or parcel of real property. [CC 1801.4.] Sale of certain goods: the Sale of certain aircraft and vessels. [CC 1801.4.] Premium finance agreements: certain premium finance agreements entered into by an industrial loan company. [CC 1801.7.] Loans by supervised financial organizations: certain loans for the purpose of buying goods and services, e.g., loans from consumer finance lenders. [CC 1801.6(b)–(c).]  
The Unruh Civil Rights Act is a piece of California legislation that specifically outlaws discrimination based on sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation. This law applies to all businesses such as hotels and motels, restaurants, theaters, hospitals, barber and beauty shops, housing accommodations, and retail establishments. The law was enacted in 1959 and was named for its author, Jesse M. Unruh. The Unruh Civil Rights Act is codified as California Civil Code section 51.
)

Unruh Act ĶϾ ι 1801-1812.220
Retail Installment Sales Retail installment Sale: The Sale of goods or the furnishing of consumer services by a retail seller to a retail buyer for a deferred payment price, payable in installments. [CC 1802.5; see CC ס1802.3, 1802.4.]
Retail installment Sale: Retail installment contract: A contract for a retail installment Sale between a buyer and a seller that provides for repayment in installments and payment of a finance charge, or which provides for payment in more than four installments. [CC 1802.6.] Example: Contract for the weekly delivery of flowers to a restaurant.
Retail installment contract: Retail installment account: An account between a buyer and a retail seller under which (1) the buyer promises to pay, in installments, and outstanding balance incurred in retail installment Sales, and (2) a finance charge is expressed as a percent of the periodic balances that accrue. [CC 1802.7.] Example: Department store charge accounts, sometimes called revolving accounts.Retail installment account: Goods: Tangible chattels bought primarily for personal, family, or household use. [CC 1802.1.] This is determined by the intent of the parties at the time the contract was entered into. [Cessna Finance v Pivo (1976) 58 CA3d 281, 288–289.]Goods: Services: Work, labor, and services, including services furnished in connection with the Sale or repair of goods or the repair of motor vehicles and the improvement of real property (e.g., home improvement contracts). The term excludes services for commercial or business use. [CC 1802.2.]Services:
μ, ȭ 뿪 Ѵ. ǰ (뿪) ࿡ ̴.

Ǹű ִ ̳ Ź ܵ (single family) ÿ ̰, (Unruh Act) Ǵ ࿡ ̶, ä ä̷ Ź ä
ä
ä Ȯϰ ̷ Ѵ.

Unruh Act øżڰ ҸҺθż(retail installment purchase) ҸҺθż ڰ ʰ Ҿ Ǵ ϴ ִ. ׷ ̳ Ź ϴ ǿ Ưϰ ι 2924 f c ü ǿ ϰ ִ.


ó ϴ Ǹ(Deed in Lieu of Foreclosure A Deed in lieu of Foreclosure is a Deed instrument in which a mortgagor (i.e. the borrower) conveys all Interest in a real property to the Mortgagee (i.e. the lender) to satisfy a loan that is in Default and avoid Foreclosure proceedings. The Deed in lieu of Foreclosure offers several advantages to both the borrower and the lender. The principal advantage to the borrower is that it immediately releases him/her from most or all of the personal indebtedness associated with the Defaulted loan. The borrower also avoids the public notoriety of a Foreclosure proceeding and may receive more generous terms than he/she would in a formal Foreclosure. Another benefit to the borrower is that it hurts his/her credit less than a Foreclosure does. Advantages to a lender include a reduction in the time and cost of a repossession, lower risk of borrower revenge (metal theft and vandalism of the property before sheriff eviction), and additional advantages if the borrower subsequently files for bankruptcy. If there are any junior liens a Deed in lieu is a less attractive option for the lender. The lender will likely not want to assume the liability of the junior liens from the property owner, and accordingly, the lender will prefer to foreclose in order to clean the title. In order to be considered a Deed in lieu of Foreclosure, the indebtedness must be secured by the real estate being transferred. Both sides must enter into the transaction voluntarily and in good faith. The settlement agreement must have total consideration that is at least equal to the fair market value of the property being conveyed. Sometimes, the lender will not proceed with a Deed in lieu of Foreclosure if the outstanding indebtedness of the borrower exceeds the current fair value of the property. Other times, lenders will agree since they will end up with the property anyway and the Foreclosure process is costly to the lender. Because of the requirement that the instrument be voluntary, lenders will often not act upon a Deed in lieu of Foreclosure unless they receive a written offer of such a conveyance from the borrower that specifically states that the offer to enter into negotiations is being made voluntarily. This will enact the parol evidence rule and protect the lender from a possible subsequent claim that the lender acted in bad faith or pressured the borrower into the settlement. Both sides may then proceed with settlement negotiations. Neither the borrower nor the lender is obliged to proceed with the Deed in lieu of Foreclosure until a final agreement is reached. The Home Equity Theft Prevention Act has created some confusion regarding this frequently-used method of settlement.[citation needed] It is unclear whether HETPA applies to Deeds in lieu of Foreclosure since there is no clear exclusion as there is for a referee's Deed, for example. The 2-year Right of rescission is not a risk that banks or title insurers are comfortable with, especially given the complexities of compliance, so many banks and title insurers in New York are not willing to work with Deeds in lieu.

)

( κ ǥ )
- ó(Foreclosure) -
ó(Foreclosure) äڰ äڷκ ó(Foreclosure) Ͽ ε Ǹ 絵 ޴ Ѵ. ̴ δ ȸ ó(Foreclosure)̶ ϴµ װ Ҽۺٴ ǿ  Ͽ DZ ̴. ̷ Ǹ 絵 ߿ äڰ ε ڰ Ǵ ̹Ƿ ε ü ļ 㺸ǻ δ ޾Ƶ̴µ ִ. ̴ 翡 ó(Foreclosure) ׿ 㺸 ϴ Ͱ ٸ. ó(Foreclosure) ϴ Ǹ μ äڴ FHA, VA̳ Ǹ ϰ ȴ.



(4) üŸŰ(Home Equity Sales Contracts)

Home Equity Home equity is the market value of a homeowner's unencumbered Interest in their real property—that is, the difference between the home's fair market value and the outstanding balance of all liens on the property. The property's equity increases as the debtor makes payments against the Mortgage balance, and/or as the property value appreciates. In economics, home equity is sometimes called real property value. Technically, home equity has a zero rate of return and is not liquid. Home equity management refers to the process of using equity extraction via loans—at favorable, and often tax-favored, Interest rates—to invest otherwise illiquid equity in a target that offers higher returns. Home owners acquire equity in their home from two sources. They purchase equity with their down payment, and the principal portion of any payments they make against their Mortgage. They also benefit from a gain in equity when the value of the property increases. Investors typically look to purchase properties that will grow in value, causing the equity in the property to increase, thus providing a return on their investment when the property is sold. Home equity may serve as collateral for a home equity loan or home equity line of credit (HELOC). Many home equity plans set a fixed period during which the person can borrow money, such as 10 years. At the end of this draw period, the person may be allowed to renew the credit line. If the plan does not allow renewals, the person will not be able to borrow additional money once the period has ended. Some plans may call for payment in full of any outstanding balance at the end of the period. Others may allow repayment over a fixed period, for example, 10 years.
(ü) üڰ ƹ δ ¿ ε꿡 Ǹ , 尡ݿ ÿ δ Ѵ.

÷̼ ε (Home Equity) ũ ϸ ó(Foreclosure) Ͽ óеǴ ڸ ̿Ͽ Ѹ ̵ ε꿡 Ǵµ, ̵ üŸŰ ̿Ͽ ó(Foreclosure) ε ڿ ε ġ ξ ȱ⸦ Ѵ. ̷ ȸ ȭǾ ĶϾ ι 1695 1695 14 ̿ ϰ ִ.

ϸ, üŸŰ ְŷ ϱ ȸ ε̳, ̳ ó(Foreclosure) , Ź Ű, ó(Foreclosure) Ű Ǵ ̳ Ű ƴ
10Ʈ ڷ ۼǾ ϸ, ŵ ұ(Right of Cancellation) ༭ õǵ Ͽ. üŵ ұǿ ŸŰ༭ κ 5° Ǵ ִ.

ݿ ؼ 1 ޷ Ǵ īƼ ҿ 1 ¡ óѴ. Ǹμ ظ ڴ ڸ Ͽ ڽ ؾװ ȣ û ִ.
ó(Foreclosure)Ǵ ֿ ε żϴ ڰ ε δϰ ǿ 쿡 ŷ ҵ , Ÿ 2 ̳ ŸŰ öȸ ִ.


Ÿ ó (Foreclosure abuses Mortgage Foreclosure Process Abuse: "To establish a claim for abuse of process, a plaintiff must show that the defendant (1) used a legal process against the plaintiff, (2) primarily to accomplish a purpose for which the process was not designed, (3) resulting in harm to the plaintiff. Werner v. Plater-Zyberk, 799 A.2d 776, 785 (Pa. Super. 2002)."
)

ĶϾ ι 2945-29445 8 ǿ ó(Foreclosure) Ͽ ִ ѳ뿡 Ͽ ٷ ִ. 2945 a  ڽ ְŰ ó ִ ڴ 2924 ä ú ó(Foreclosure) Ű ñ ó(Foreclosure) ڿ , , Ұ ް DZ ١ ϰ ִ.

̷ ϱ , ó(Foreclosure) Ű Ǵ Űų, ̳ ҿ ֵ ų, ó(Foreclosure) ִ ε꿡 ٸ ġ ϰų ϴ Ǵ
ؼؾ Ÿ ϰ ִ.


ȣ ε ڰ ڴ ̷ ܵǾ ̷ , ̿ Ư ϰ ִ 2945 1 ϴ ̴. ϴ 쿡 Ǵ λ ó ִ.



5 ε - 1 ǽ(Primary Mortgage Market)


ε꿡 1 ǽ(Primary Mortgage Market) ϴ ̷ , ε꿡 ٽ 2 ǽ(secondary Mortgage market) ǰ ̷ 2 ǽ忡 ̷ ε , Ȱų װ 㺸 ߰ ϱ⵵ Ѵ.

ε꿡 ó ڴ 1 ǽ忡 Ѵ. 1 ǽ忡 ڿ ڰ ִ.


(1) (Institutional Lenders
)

̶ , ȸ, ȸ Ƽ Ը ں ִ μ, ñڱ̳ ü ڸ ̴.

̷ ؼ Ͽ ȴ. (Institution)̶ ܼ  Ư Ȱ õ ǹϴ ͻӸ ƴ϶ ε ż Ǵ ǹ ִ ϸ, ̿ پ ִ. ̷ ʿ ڱ ϴ ڱݿ ̷ ޵ ڱ ϴ ΰ   ߰ Ѵ. ׷ ڱ ڷ ޵ȴ.

ȸ(Savings and Loan Associations. S&L)

ȸ(S&L) 1(unit) 4ֱ ֿ ε꿡 ̴. ȸ(S&L) ̳ ִ. Ͽ ȴ. ĶϾ α (Savings and Loan Commissioner) S&L Ѵ.

S&L ô(Federal Home Loan Bank System) ȸ̴. غ(Federal Reserve System) ⱸ(Board of Governors) ݿ ϸ, ġ ȭ ȸ(Depository Institutions Deregulation Committee) ݱ¿ ҵ ִ Ѵ.

S&L ȸ ֿ, ε ƴ϶ ࿡ پϰ Ѵ. ġ (loan-to-value ratio) ε ġ ݾ Ѵ. ġ 80% ʰϸ (ä) 80% ʰϴ ݾ׿ ؼ 迡 Ѵ. 纸(Private Mortgage Insurance, PMI) Աݿ Ͽ Ͽ ϴµ, ġ 80% Ա Ŀ ̻ 纸Ḧ ʿ䰡 .


äڰ ε ġ 100% ̻ ⸦ , ̷ ʰ 쿡 ʰ ڱѿ ȸ ٸ ٰŰ ߰ ־ ϸ, ̷ ʰ 㺸 ޵ȴ.

ô⿡ ݰ Ա յһȯ(full amortization Ⱓ ڿ ݾ ϴ
) ְ, κ һȯ(partial amortization κ Աݿ ҵǴ
) ִ. äڴ Ͻûȯ(non amortization Straight Note ü Ⱓ ҵǸ Ⱓ ڸ ϴ
) , ̳ʽ һȯ(negative amortization Ա ҿݺ Ͽ ܾ Ⱓ ҵ ʰ Ǵ
) ִ.

ȸ(S&L) ༭ ε ⿡ , Ա, ܾ̳ Ⱓ ִ ִ.

(Commercial Banks)

Ͽ Ǵ غ ȸ̾ θ ִ. (National Bank Act) ϰ, ĶϾ (California Banking Law) Ѵ.

ε ż, , ܱ߰ڱ(interim financing Ⱓ ߿ ̷
) ð Һ ϴ Ѵ. ڵ ڱ ܱſ⵵ ش. ũƮ ī ࿡ ߿ ǥ ̴.

ε꿡 ִ ⿡ ؼ ġ ̳ һȯȹ Ǵ ݾ Ѱ .

ε꿡 ġ 90% 30 Ⱓ һȯ ִ. 90% ̻ ݾ׿ ؼ ʰ 纸(PMI) 㺸ȴٸ ̷ ʰп ؼ ִ. Ͻûȯ ݾ ġ 60% ̰ Ⱓ 10 ϴ.
纸(PMI) 㺸Ǵ ̳, α Ǵ ϰ ࿡ ġǾ ִ ⿹ 70% ̳ ؾ Ѵ.


ȸ(Insurance Companies)

ȸ ܵ ϰ 縸 ִٸ κ ε꿡 Ѵ. ȸ ڽ ϰ ִ Ӹ ƴ϶ ȸ缳 ֹ ؼ ȴ. ȸ Ը Ʈ ٸ ϴ ä ⵵ ϸ, κ ⿡ ϱ⵵ Ѵ.


ȣ(Mutual Savings Banks)

ȣ ġڵ ̿Ͽ ҵ濡 ܾ ġڿ ϴ Ѵ. ȣ ȣȸ ֽ ȸ ü̴. ̰ 濹ġݺ Ͽ , ΰ ִ.


ſ(Credit Union)

ſձⱸ(National Credit Union Administration) Ͽ ſ ߿ ִ. ſ տ ޿ õ ޴ տ ޾ տ鿡 ִ Ѵ.

㺸 밳 , ڵ, Ʈ  㺸ȴ. ſ . ſտ ̳ α ݱ  ϴ ͺ ϴ ÿ ̵麸 ִ ִ.


(2) (Noninstitutional Lenders)

ڿ ȸ, ׸ ִ.


ȸ(Mortgage Company)

ȸ Ǵ డ(Mortgage Bankers) ε꿡 ̿Ͽ ̷ ä ٽ ڿ ȱ Ѵ. ȸ ڿ Ǹ ⿡ ڵ ٽ ξ ֱ⵵ Ѵ. ̷ ȸ 񽺴 ڰ Ͽ äڵκ Ա ްų ϻ , ϴ Եȴ. ȸ κ(FHA) κ(VA) ڱ ߿ ޿̴. ȸ翡 ֹ ȸ(S&L) ξ ϴ. ȸ ࿡ ڽ ڱ ϱ⵵ ϰ, ڱ ü κ ϱ⵵ Ѵ.

(Private Individuals)

ڵ Բ ̱ ä 1/4 ϰ ִ. ڱ ֿ ޿ ƴ϶ 2 ڱ ִ ޿̱⵵ ϴ. ̷ ε ⿡ ؼ ̵ ϴ ȸ , ε Կ ־ ٸ ڰ ʾƵ ǹǷ, ε Ѵ. Ŀ ּ ʰ ݹ(Usury Laws) ް ȴ.


(Nonfinancial Institutions)

߿ ڻ ε ̴. ִ

ݱ(Pension Funds)

Ź(Trusts)ȸ
ȸ(Mortgage Investment Companies)

Ÿ

(3) ߰(Mortgage Loan Brokers)

ε Ϻ ε ε Ŀ(Broker) ڳ ϰų ׵ ε⿡ ֵ Ѵ. ε ε 㺸 ⿡ żڱ ⿡ ʴ´.

ε Ŀ(Broker) ڽ ڱ ַ ο ڱ ޿ ݵ ˷ Ѵ. Ŀ κ ڱ ϴ ̿ Ѵ.

ε Ŀ(Broker) ְų ⿡ ΰϴ ִ ݾ, Ⱓ 1 Ǵ 2 Ź 㺸Ǿ  ٸ.

ε Ŀ(Broker) ῡ ε갨, ũ , ũ ߰Ǿ ΰ ִ. ̷ ( ) ݾ 5%, Ǵ ּ 390޷ ִ 7 ޷ ΰ ִ. ε Ŀ(Broker) Ͽ ̷ٸ ε Ŀ(Broker) ŷ ϷDZ (Mortgage Loan Disclosure Statement) ۼϿ ޾ƾ ϸ, 뿡 ǹ ȴ. ٸ ʼ ʹ ٸ.

ε Ŀ(Mortgage Loan Brokers) Ŀ ε걹κ ε ڰ ޾Ҵٴ ԵǾ Ѵ.

ε Ŀ ִ
(̺κ ǥ ̰ )
㺸 ݾ Ⱓ ִ
1 Ź
2 Ź

3޷ ̻

2޷ ̻
3 ̻
3

3 ̻
2 ~ 3
3

10%
5%

15%
10%
5%




(4) Ǵ ȸ(Mortgage Banker or Company) Ŀ(Mortgage Broker)          

Ǵ ȸ簡 ڿ ̿ ߰ ϰ Ǵ ȸ ü Ŀ ƴϴ. Ŀ ε Ǹ, ü ׵ ڽ ڱ ⿡ () ʴ´.


6 (Federal Disclosure Requirements)


ſ Ϲ Һڷ Ͽ , ߿ ־ ȣ罺 ִ Ͽ. ÿ δ ſ⿡ ؼ ΰ ϵ Ǿ, ʾ ׵ ſŷ ȮǾ. ̷ ͵ ä(creditor) ū δ ʰ ̿ ÿ Һڸ ȣϷ ϴ .



(1) ǰ(Truth-in-Lending Act The Truth in Lending Act (TILA) of 1968 is United States federal law designed to promote the informed use of consumer credit, by requiring disclosures about its terms and cost to standardize the manner in which costs associated with borrowing are calculated and disclosed. TILA also gives consumers the right to cancel certain credit transactions that involve a lien on a consumer's principal dwelling, regulates certain credit card practices, and provides a means for fair and timely resolution of credit billing disputes. With the exception of certain high-cost mortgage loans, TILA does not regulate the charges that may be imposed for consumer credit. Rather, it requires uniform or standardized disclosure of costs and charges so that consumers can shop. It also imposes limitations on home equity plans that are subject to the requirements of Sec. 226.5b and certain higher-cost mortgages that are subject to the requirements of Sec. 226.32. The regulation prohibits certain acts or practices in connection with credit secured by a consumer's principal dwelling.
)

ǰ ο Ǵ μ 1969 7 1 ȿ ߻Ǿ, ̴ äڰ äڿ ϱ , ȯⰣ,  ̸ ϵ ̴. غ̻ȸ(Federal Reserve Board) Z(Regulation Z) ǰ ִ. ̰ 1982 1991⿡ Ǿ ſŷ ΰϰ ִ.


ä(Creditor)

äڴ Һ ſ 1⿡ 25ȸ ̻ ŷ 㺸 Ǵ 쿡 1⿡ 5ȸ ̻
ϴ Ǿ ִ. ſ ̸ 뿡 ϸ, 4ȸ ̻ ҺκԱ ؾ Ѵ. ̷ ſ ּ Ϳ Ұ ڴ äڷ ֵ ʴ´.


ܵǴ ŷ(Exempt Transaction)

㺸 ε̳ ä ֵ ְŷ ǰ ְų ְ ƴ϶, , Ǵ ſ 2 5õ ޷ ̻ ſαݾó Z ܵȴ.

ڰ ϰ ְų 1 ̳ Ӵ ε , Ǵ ϴ Ǵ ſ⿡ ƯĢ ȴ.

2 ̻ ε ſ ſ ֵȴ. 4 ̻ ε ̳ ſ⵵ ſ ֵȴ. ε , , ſ⵵ ſ ֵȴ.


ǰ(Disclosure Statement)

ϳ ǰ(truth-in-lending disclosures) ۼԿ ־ Ư Ǿ ϴ ڽ ų, ٸ ۾ü, ۾ Ǵ ٸ ̰ ؾ Ѵ. Z ü ٸ ŷ ǥؾ ϰ ִ. ŷ ϷDZ Ѵ. (loan commitment) Բ û ε ŷ ϷDZ ̿ ο εǾ Ѵ.

ʼ (Required Disclosures)

غ̻ȸ(̻ȸ, Federal Reserve Board) Z(Regulation Z) õ 䱸Ѵ. ä() ſ 㺸 ǥ ݵ ԵǾ Ѵ. Ư ߿ , , ۼƼ(Annual Percentage Rate, APR), Ѿװ ſǸ Ǹ ̴. ̵ Ư¡ ϴ Ǵ Ȯؾ ϸ, Z ̷ 쿡 Ǿ ü ϰ ִ.

̸ , ȯҾ(rebates) ü ÿ ·  ޾ƾ Ѵ. , غ Ǵ ̿ 䱸Ǵ 쿡 Ǿ ϸ, ̷ 迡 Կû ϰų ̴ϼ ؾ Ѵ.
ô Һ
㺸 ε żο μ ִ ο ޾ƾ Ѵ. ش ޵Ǿ Ѵ.


ۼƼ(Annual Percentage Rate ſ
)

ۼƼ(Annual Percentage Rate, APR) ⼭ ù 忡 ִ ܼ ٸ. APR ҵ , μ, Ұ(Finders Fee), ż (point) ׸ ⺸̳ ü Եȴ.

ŵο ҵ , 縦 , ʺ(Abstract of Title), ۼ, Ǻ, ε , Ź
غ, , ſ뺸 , ׸ ũο ġ ù Ա δ ֵ ʱ APR ԵǾ ʴ´.

Һ ұ(Consumers Right to Rescind)

Һ , ä
ſŷ ֵ ְŸ 㺸 쿡 ׷κ 3 ̳ ſŷ ִ. 3 Ⱓ ŷ , ǰ(truth-in-lending disclosure statement) ̷ ұ ִٴ ι ķκ 3° Ǵ Ģ , Ͽϰ
.  ÿ Һ ÿ Ͽ Һڿ ڱݰ Һڰ ִ.



̷ ǰ Z Һ ſ ڷμ ϴ ؼؾ ǰ ġؾ Ѵ. APR , ׸ پ ¿ ṵ̈ ־ Ѵ. Z 226 24 ǰ ̿ ʸ ϰ ִ.


(2) ε (Real Estate Settlement Procedure Act)

ε (RESPA) 1976 6 30 ó ȿ ߻ϰ Ǿ, ֱ 1992 12 2ڷ ȿǾ. RESPA 1ֿ 4ֱ ְ Ÿų 絵 Ͽ 㺸 ϴ 쿡 ڰ Ͽ ϴ ǹ׿ Ͽ ϰ ִ. .

濹ݺ(FDIC) ٸ ޴ ڿ
û(Federal Housing Administration)̳ 뱺κ(Department of Veterans Affairs)
2 ǽ忡 Ǹżȸ(FNMA), (ż)(GNMA) ôǸż(FHLMC) ȸ
ðߺ(Department of Housing and Urban Development) Ǵ


RESPA ܵǾ ŷ ԽŰ Ǿµ, ̷ ŷ ŷ, ǸŸ ε ż, 25Ŀ ̻ ε ż, ż ׸ äǺ õ μŷ 氳( ) ü ŷ Ѵ.

ڴ ûο ðߺ(HUD) Ư å (Settlement Cost and You) ŷ Բ ؾ Ѵ. ûѴٸ ׵ Ը ָ ȴ. åڿ ȸ簡 û ް 3 ̳ ߼۵Ǿ Ѵ.

HUD ǥ 꼭(Uniform Settlement Statement) غǾ ΰ ŵο εǾ Ѵ. Ǹ ִ. ŷ , , ŷ εǾ Ѵ. 꼭 ؼ 9忡 Ǿ ִ.

ڴ RESPA ǰ غ ϴ ο ΰ ϵ Ǿ ִ. ڰ 񽺸 ڿ , Ϻ , Ʈ Ÿ ٸ ġִ ִ Ǿ ִ. 񰡸 ִ ְų, ο ÿ䱸ǵ ִ ִ.


7 Ÿ (Other Loan Considerations)

(1) μ μ(μ) (μ Ǻ)(Loan Assumptions and Subject To)

ε ȸų 絵 ä ä ŵο Ǵ 쵵 , ä żο μǴ 쵵 ִ.

࿡ Ѵٸ, ä ż μ ʰ ŵ ״ δ ä(subject to) żοԷ äδ ε 絵 ִ.

μ(loan assumption) ä ŵ ǹκ Ű ÿ ο äڷμ ż ̸ °ϰ ȴ.

׷ ż ε η(subject to) żϴ ̶, ŵ ä äڷμ ä δϰ ȴ. ż ä ϰ Ǹ ڴ ŵο ä 䱸ϰ ȴ.

żμ ä μ ʰ ε żϴ ̴. ֳϸ żڰ ä ŵ ä ŵ äڵ鿡 ä Ǿ ̵ ǰ(Deficiency Judgment) ޴ 쿡 ̷ äݿ ؼ ż ä δ ʾƵ DZ ̴.

ٽ ϸ äμ ε ż ŵ 㺸 ä ״ μϿ ä ϴ ̸, μ Ǻ ä Һ
(subject to) ε ŸŰ 㺸 ä ż μ ʰ ״ ŵ δϴ · ε żϴ Ѵ. ׷ 쿡 ŵ ä ε꿡 㺸Ǿ Ƿ ŵ ä 㺸äڴ ε Ͽ óϰ ǹǷ ᱹ ż ŵ ä ʰ Ǹ ż ż غ ȴ.


(2) ӻȯ(Acceleration Clause)

κ Ź һȯ ࿡ äڰ Ͽ ä Ͻÿ ȯؾ Ѵٰ ϴ δ 찡 ִµ, ̷   ӻȯ(Acceleration Clause)̶ Ѵ. äڰ Ա ʰ ̸ üϰų, ʰų, ε 㺸ġ ϱ ġ ʴ  شȴٰ ǴܵǸ, ӻȯ(Acceleration Clause) ִ.

ӻȯ(Acceleration Clause) äڰ Ÿ  Ͽ 㺸ε 絵 쿡 ȿ ߻ϰ Ǿ ä μϸ鼭 һȯ ϰ ̸ ż żο ӻȯ ǹ Ͽ ǻ ż ε ϰ ִ.

׷ ̷ ӻȯװ ŵ Ϻ(Due-on-Sale Clause) ؼ ټ Ƿʿ Թ Ͽ Դ. ׷ ̷ ŵ Ϻ ȿϰ Ǵ 찡 .

(3) û(Loan Application)

ܵ żϴ ż ڱ ǥôû(Uniform Residential Loan Ap
← End



[Title]
7 ε



  23 →   ȥ ̱ 纸 ø 1 Һκ 5  
  22 →   ̱ ε  
  21 →   14 ðް  
  20 →   18 Źڱݰ  
  19 →   17 ε õ  
  18 →   16 , ߰  
  17 →   15 ü ڻ ߰  
  16 →   13 ȹ ÿ  
  15 →   12 ε  
  14 →   11 Ӵ  
  13 →   10 ε  
  12 →   9 ŷ  
  11 →   8 Ÿ  
  →   7 ε  
  8 →   8 ر(Recovery Account)  
  6 →   6 븮(Agency)  
  5 →   5  
  4 →   4 ε δ  

1 [2]   Next →
     
       

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