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What is a variable-rate loan Here the interest rate varies depending on market conditions It is usually tied to an independent index, such as the Treasury bill rate or the cost of funds to banks or even London Interbranch Borrowing Rate (LIBOR) used by British banks to determine their cost of funds In most of these mortgages, as the rate goes up, so too does your monthly payment, although the loan may be written in such a way that these adjustments are made infrequently (every 6 months or more) and can go up only by limited steps (for example, 1 or 2 percent per adjustment) As interest rates go down, so too does your monthly payment There are hundreds of varieties of variable-interestrate loans Be sure you ask your lender to thoroughly explain how yours works Also, have an agent or other experienced person explain the fine print for any adverse terms the lender may have glossed over What is a payment cap In some variable-rate loans, the monthly payment is capped, meaning that it can only go up in a very limited way regardless of how high the interest rate soars However, the interest rate lost to the lender with a payment cap is typically added to the principal of your loan (called negative amortization) Thus, even though your monthly payment remains relatively constant, the loan amount grows Will my loan be in the form of a deed of trust Trust deeds are the form of mortgage instrument preferred by lenders in most of the United States today The reason is that they provide for quick foreclosure in the event that you don t make your payments With trust deeds, lenders do not need to go to court to foreclose Further, trust deeds give you relatively little time to redeem your loan in the event of a foreclosure In California, for example, after a notice of default is filed, which gives constructive notice (it s recorded) that you re behind in your payments, you have 90 days to pay up all back payments and penalties to make the loan good If you fail to do this, then there s a 2-week period of redemption in which you
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134 can save your property by paying off the loan in full Finally, your property is sold to the highest bidder on the courthouse steps, and you have no rights to redeem it Other states have different time periods, but all are relatively short With a trust deed there are three parties You (called the trustor), the beneficiary (who is the lender), and a trustee who holds the deed and signs it over to the beneficiary in the event of foreclosure Note that in this procedure, there is no need to go to court, although under most trust deed loans, the lender can opt to do this if it thinks it can collect a deficiency judgment from you This means that the lender can go after you personally if your property doesn t bring enough to satisfy the loan amount at foreclosure Will my loan be in the form of a mortgage This is the other, older instrument used to make loans on real estate It is still used in some states There are two parties to it: you (the mortgagor) and the lender (the mortgagee) If you default and don t make your payments, the lender must go to court to secure a foreclosure While these types of court proceedings are usually put at the head of the list, it still usually takes more time to foreclose than a trust deed Additionally, you can always show up and give your story of woe to the judge, who may extend you more time Finally, even after your property is sold on the courthouse steps, you may have a period of time in which to redeem it, sometimes as long as a year From the borrower s perspective, a mortgage is probably a safer instrument However, it is very hard to get a lender to use one Will my loan be sold Probably Although you may get a mortgage from XYZ lender, there s really nothing you can do to keep it from being sold to ABC lender Indeed, if you keep the mortgage over a period of years, you may find that it s sold many times The term selling is somewhat misleading The mortgage may actually have been sold in the secondary market to Fannie Mae or Freddie Mac However, the servicing of the loan, which means getting the payments from you, charging late penalties, and handling foreclo-
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