Tuesday’s Regulatory & Legislative Roundup
- Voucher holders’ options for housing may soon broaden if Maryland lawmakers reintroduce and pass the Home Act in the upcoming 2017 legislative session. The state legislation is intended to stop discrimination in real estate based on source of income.
- The D.C. Council gave final approval Tuesday to a plan that will provide private-sector workers some of the nation’s most generous family and medical leave benefits, fighting off a last-minute revolt by the city’s business establishment and Mayor Muriel E. Bowser.
- As part of the Obama Administration’s effort to prevent and end homelessness, the U.S. Department of Housing and Urban Development today awarded a record $1.95 billion in grants to nearly 7,600 homeless assistance programs across throughout the nation, including Puerto Rico, Guam, and the U.S. Virgin Islands.
January 3, 2017 | Permalink | No Comments
January 2, 2017
Monday’s Adjudication Roundup
- The Justice Department on Thursday sued Barclays PLC, alleging that the British bank and two of its former employees made false statements about the quality of mortgages packaged into around $31 billion worth of residential mortgage-backed securities prior to the financial crisis.
- Bank of America Corp., Countrywide Financial Corp. and appraisal firm LandSafe Inc. urged a California federal court Wednesday to toss a proposed class action accusing them of conducting phony appraisals in an attempt to secure more loans.
January 2, 2017 | Permalink | No Comments
December 23, 2016
Friday’s Government Reports Roundup
- Homeless U.S. veterans in rural areas are receiving help from the state of Virginia and the federal government. This is in an effort to ensure veterans receive stable housing as well as maintain housing on their own.
- The U.S. Department of Housing and Urban Development recently awarded approximately 2 billion dollars to help mitigate some of the housing issues striking many homeless people throughout the country.
- The Department of Justice (DOJ) is continuing to seek out banks that did not exhibit appropriate conduct during the mortgage crisis years ago. DOJ is suing Barclays for allegedly misleading investors in regards to mortgage-backed securities.
December 23, 2016 | Permalink | No Comments
December 22, 2016
Thursday’s Advocacy & Think Tank Roundup
- The Federal Reserve Board recently increased the interests rates for short term mortgage loans. Many are now worry about how the increase will affect home renovation loans. A study by Hermit Baker hypothesizes that the number of home renovation loans will likely increase.
- The economy has a made a shift towards the better. Unemployment rates are the lowest in decades and home prices have increased significantly. However, single family home construction is continuing to decline which is impeding total economic recovery.
- Los Angeles is experiencing higher rents and higher homeless rates. More than half of Los Angeles’ renters are “cost burdened.” In 2014, UCLA reported that Los Angeles had the least affordable rent in the nation. Meanwhile politicians have stood by with uttering much on the subject.
December 22, 2016 | Permalink | No Comments
December 21, 2016
Promissory Note v. Mortgage
Zing! quoted me in What’s the Difference Between a Promissory Note and a Mortgage? It opens,
Buying a home can sometimes feel like learning a new language. Preapprovals, appraisals and the fact that “concessions” don’t involve hot dogs at a baseball game can be more than a little bewildering for first-time homebuyers. If you’re in the market for a mortgage, the more you know, the more confident you’ll be with each transaction during the life of the loan. If you find yourself scratching your head over mortgage lingo, we’d like to make your contract a little clearer by explaining two items that are often confused for one another: a promissory note and a mortgage.
What’s a Promissory Note?
Essentially, a promissory note is an agreement that promises that the money borrowed from a lender will be paid back by the borrower. “It also includes how the loan is to be repaid, such as the monthly amount and the length of time for repayment,” explains David Bakke, a finance expert at MoneyCrashers.com.
Although the home loan process involves both a mortgage and a promissory note, a promissory note can be used singularly in a lending relationship between two individuals. In this case, a promissory note is simply a promise to pay back the amount of money that is borrowed in a set amount of time.
“Another way to think of it is that the promissory note is the IOU for the home loan,” says David Reiss, who teaches about residential real estate as a law professor at Brooklyn Law School in New York.
What Is a Mortgage?
The second part of the home loan involves a mortgage, also referred to as a deed of trust. While a promissory note provides the financial details of the loan’s repayment, such as the interest rate and method of payment, a mortgage specifies the procedure that will be followed if the borrower doesn’t repay the loan.
“The actual home loan (or mortgage) provides information as far as the lender being able to demand complete repayment if the loan goes into default, or that the property can be sold if the buyer fails to repay,” says Bakke.
In the case of a home loan, the promissory note is a private contract between the client and the lender, while the mortgage is filed in the regional government records office. “Once you have paid off your loan your lender will record a document that releases you from the liability of the deed of trust and the promissory note,” says Ross Kilburn, CEO of Ark Law Group, PLLC.
It’s a Package Deal
In the home loan process, a mortgage and a promissory note are not a question of one or the other, but rather, both play distinct roles in the relationship between the lender and borrower. “A home loan refers to a transaction where a borrower borrows money from the lender and in turn signs a promissory note that reflects the indebtedness as well as a mortgage that gives a security interest in the home in case the debt is not paid back,” explains Reiss.
December 21, 2016 | Permalink | No Comments


