Mortgage Loans
*Mortgages provide a steady earnings stream that support insurance liabilities well. Mortgages meet the primary objective of maintaining a tight asset/liability match with a well-diversified core of investments.
Is an amount of money, loaned at interest for a specified term, secured by real estate and by its improvements such as buildings and infrastructure.
Real estate lending by insurance companies is primarily concentrated on commercial property, where as residential loans, those on homes for four families and fewer, are largely the province of banks.
Promissory Note: represents the promise to pay and is secured by the mortgage on the real estate.
subordinated lien-holder
*is paid out of such proceeds only after the first lien-holder and all other superior lien-holders are paid. If there are insufficient proceeds to pay the subordinated lien-holder, the remaining balance may only be collected when additional collateral or personal recourse is specifically included in the loan documentation.
Conventional Commercial Loans
Prepayment of a conventional mortgage loan is discouraged through prepayment penalties. When prevailing market interest rates are lower than the rate on the loan being repaid the borrower has to make up the interest rate differential and the lender is essentially “made whole” for a potential loss of interest.
Subordinated Loans
A mortgage that ranks after the first in priority is a subordinated loan. Properties may have two or more mortgages as liens at the same time. The first mortgagee generally requires that its approval is obtained before additional financing can be put in place.
*Wrap-around Loan: Is a special variation on a second mortgage. In this form, the new lender assumes the original or first mortgage and has the responsibility of collecting all payments and remitting a portion of these payments to the first lender.
Conventional Residential Loans
Most residential mortgage loans are conventional mortgage loans, which allow the lien-holder to look only to the value of the mortgaged property and the net worth of the borrower for repayment in the event of default. No prepayment penalty. LTV should not exceed 80%.
FAH Loans
*This agency does not make loans; it only insures them. For this protection the borrower must pay an annual insurance premium to the FHA of 0.5 percent of the outstanding principal amount of the loan. Upon default, the lender has the option either
The FHA establishes standards for property that can be insured and maximum terms, interest rates, and amounts for the insured loans.
VA Loans
*VA loans are partially guaranteed by the VA, and the VA in turn imposes certain qualifications for property that may secure the loan and restrictions on the terms of the loan.
Privately Insured Loans
in recent year, Private insurance companies have sold insurance that guarantees a part or the entire principal of a conventional loan.
Residential Loans
Loans are secured by single-family houses or by one-to-four family residential properties.
*Loans that exceed 80 percent of market value generally require the borrower to purchase mortgage insurance
Commercial Loans
Loans are secured by shopping centers, office buildings, industrial buildings and *multifamily residential properties.
Construction Loans
Loans are made to finance the construction of residential or commercial property. Security for these loans is the structure being built and the land
on which it is situated.
Development Loans
*Loans on developed building lots and loans to finance the acquisition and development of unimproved land. Development loans are secured by unimproved land and the improvements made to the land.
Land development usually refers to the installation of improvements necessary to make unimproved building sites ready for the construction of structures.
development loans are funded periodically and are paid off either when construction loans for the structures are funded or after building is completed and long term residential or commer- cial loans are obtained on the properties.
Undeveloped Land Loans
*Loans on secondary undeveloped land that is not to be developed in the foreseeable future
Farm Loans
Loans that are secured by farmland including produce farms, standing timber, vineyards, orchards and dairy farms. The standing crop and the chattel, as well as the improvements on the land are usually part of the security for the loan.
Purchase Money Loans
*Loans that result when life insurance companies purchase real estate or, as lenders, may acquire real estate through foreclosure on mortgage loans.
When such property is sold by the life insurance company, part or all of the consideration that the company receives may be a mortgage loan on the property. * A mortgage loan received as part or all of the purchase price for real estate owned previously by a life insurance company, is called a purchase money loan.
Mezzanine Real Estate Loans (MRELs)
Governmental Regulations Affecting Mortgage Loans
Some jurisdictions prohibit a concentration of investments in mortgage loans with any one borrower or in any one property. Some jurisdictions prohibit or limit investments in mortgage loans when a person or entity affiliated with the insurer is the borrower.
Basket clauses
*Allow investments to be made, up to a certain percent of invested or total admitted assets, in assets that do not otherwise meet regulatory requirements. If their domiciliary jurisdiction regulations have a basket
clause, a life insurer with a business purpose for doing so can make a limited amount of mortgage loans that do not meet regulatory requirements without a reduction in surplus.
Normal Documentation for Mortgage Loans
The Investment Department and the company’s Investment Committee are responsible for assessing opportunities to make mortgage loans, for making commitments for investments in new mortgage loans, for disbursing mortgage loan proceeds, and for monitoring the status of previously paid-out mortgage loans.
The assessment process (commonly called underwriting) helps to ensure the safety of mortgage loan principal. The underwriting process generates certain important documentation, which should be preserved. When the loan is funded, normally at a closing, other documentation is generated. Certain important documentation is also accumulated over the life of the loan.
The Accounting Department or a separate control function of the Investment Department or the Treasurers Department should be responsible for receiving all cash, issuing all checks, and accounting for all cash receipts and disbursements and other transactions related to a company’s investment in mortgage loans.
Documentation Generated During the Underwriting Process
Appraisal
The appraisal value is used to determine that the loan to market value ratio is in compliance with regulatory requirements. *It also is used to determine any nonadmitted mortgage loan amount.
*Even if a company maintains its own appraisers, independent appraisals are obtained as a check on the quality of company appraisals. Some jurisdictions require independent and certified appraisals. Appraisers use three approaches to determine the property’s value:
• Cost - *determines a value that represents the current cost of reproducing a property less depreciation.
• Income - determines a value that represents the property’s net earning power. *It is based upon capitalization of net income.
• Market Data - determines a value from the recent sales of comparable properties in the same market as the property being appraised.
Generated when loan funds are distributed
*
• original promissory note
• the mortgage: * those most commonly encountered are regular mortgages, deeds of trust, equitable mortgages, deed absolute given as security for debt, and deed to secure a debt.
• evidence of its first lien on the property used as security: * lender’s title insurance policy offers greater protection to the company than an attorney’s title search and opinion.
• survey of the property: A survey from an approved engineer or surveyor ensures there are not encroachments related to the mortgage property.
• closing statement
• property insurance policy
• assignment of rent if appropriate for income-producing property
Evidence of its first lien on the property used as security
*An attorney’s opinion and an abstract of title, a lender’s title insurance policy, or an owner’s title insurance policy is obtained to protect the company against having an imperfect lien against the mortgaged property.Therefore, a lender’s title insurance policy offers greater protection to the company than an attorney’s title search and opinion.
Participation Agreement
*An agreement the company receives part of the gross or net income being generated by income-producing property upon which the company has granted a mortgage.