Arizona's Mortgage Definition: What You Need To Know

how does arizona define mortgage

Arizona Revised Statutes § 6-901 (2023) defines a residential mortgage loan as a mortgage loan that has security in the form of a residential dwelling of one to four units. A commercial mortgage loan is a loan directly or indirectly secured by a mortgage on commercial property, created with the owner's consent. Arizona offers six types of mortgage loans, including Federal Housing Administration (FHA) loans, VA loans, and USDA loans. FHA loans are popular among first-time homebuyers with lower or moderate incomes, while VA loans are available to veterans, active service members, or their surviving spouses.

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Arizona Revised Statutes § 6-901 (2023) defines a residential mortgage loan

In Arizona, a residential mortgage loan specifically pertains to a residential dwelling of one to four units. This is in contrast to commercial property, which refers to real property that is not a residential dwelling of one to four units.

The Arizona Revised Statutes also provide definitions for related terms. For instance, a ""mortgage broker" refers to an individual who, for compensation or with the expectation of compensation, directly or indirectly makes, negotiates, or offers to make or negotiate a mortgage loan. Similarly, a "commercial mortgage broker" is a person who performs these tasks specifically for a commercial mortgage loan.

Additionally, the statutes define a "residential mortgage loan servicer" as an individual who, on behalf of the noteholder, collects or receives payments on obligations due under a residential mortgage loan. This includes principal, interest, escrow monies, and other related amounts. When a borrower is in default or at risk of default, the loan servicer works with the noteholder and the borrower to modify the loan obligations to avoid foreclosure.

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Arizona Revised Statutes § 6-901 (2023) defines a commercial mortgage broker

Arizona Revised Statutes § 6-901 (2023) defines a "commercial mortgage broker" as an individual who, for compensation or with the expectation of compensation, either directly or indirectly makes, negotiates, or offers to make or negotiate a commercial mortgage loan. This definition is part of the Arizona state code, which provides a comprehensive framework for mortgages and related terms.

The code defines a "commercial mortgage loan" as a loan secured by a mortgage, deed of trust, or any lien interest on commercial property. Notably, the owner of the commercial property must consent to the loan. "Commercial property" is further defined as real property that is not a residential dwelling of one to four units. This clarification distinguishes commercial property from residential dwellings, which are typically classified separately for mortgage purposes.

The Arizona Revised Statutes also define "compensation" broadly to include anything of value, such as points, commissions, bonuses, referral fees, and various other fees associated with the loan process. This definition ensures that a wide range of benefits or payments are considered compensation in the context of mortgage brokering.

Additionally, the code provides insights into the roles of different entities within the mortgage industry. For example, a "mortgage broker" is defined as an individual who, for compensation or the expectation of it, makes, negotiates, or offers to make or negotiate a mortgage loan. This definition highlights the role of mortgage brokers as intermediaries between lenders and borrowers, facilitating the negotiation and creation of mortgage loans.

The Arizona Revised Statutes also shed light on the types of mortgage loans available in the state. For instance, a "residential mortgage loan" is defined as a loan for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or residential real estate. This definition underscores the purpose of such loans, which is to finance the purchase or construction of dwellings for personal or family use.

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Arizona Revised Statutes § 6-901 (2023) defines a commercial mortgage loan

In contrast, a residential mortgage loan is a loan for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or residential real estate on which a dwelling is constructed or intended to be constructed. This can include properties located in Arizona with a dwelling constructed or intended to be constructed.

In Arizona, there are several types of mortgage loans available, including Federal Housing Administration (FHA) loans, VA loans, and USDA loans. First-time homebuyers with lower or moderate incomes typically utilize FHA loans, which are backed by the government and have more flexible requirements. VA loans are available to veterans, active service members, or their surviving spouses, and do not require a down payment or private mortgage insurance. USDA loans, offered by the US Department of Agriculture, are another option for homebuyers in Arizona.

In addition to these options, Arizona also offers Down Payment Assistance (DPA) programs that provide grant money to buyers. These programs can vary in their income requirements and may also provide funds for a buyer's closing costs.

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Arizona Revised Statutes § 6-901 (2023) defines a construction loan

Arizona offers a variety of mortgage options for its residents, especially first-time homebuyers. A mortgage loan, or mortgage, is a loan from a lender that allows the borrower to purchase or refinance a home. The property serves as collateral for the loan. In this context, Arizona Revised Statutes § 6-901 (2023) defines a construction loan as a "mortgage loan that is less than three years in term". It is made specifically for financing the construction of a building or improving real estate and is secured by the real estate.

The Arizona Revised Statutes § 6-901 (2023) provides detailed definitions of various terms related to mortgage loans, offering clarity and guidance to lenders and borrowers. The statute defines a "mortgage broker" as an individual who, for compensation or with the expectation of compensation, directly or indirectly makes, negotiates, or offers to make or negotiate a mortgage loan. The statute also defines a "mortgage loan" as a loan secured by a mortgage, deed of trust, or any lien interest on real estate located in Arizona, with the consent of the property owner.

Furthermore, the statute defines a "commercial mortgage broker" as someone who, for compensation or with the expectation of compensation, directly or indirectly makes, negotiates, or offers to make or negotiate a commercial mortgage loan. A "commercial mortgage loan" is a loan secured by a mortgage, deed of trust, or lien interest on commercial property, created with the consent of the commercial property owner. "Commercial property" is defined as real property that is not a residential dwelling of one to four units.

Additionally, Arizona Revised Statutes § 6-901 (2023) defines a "residential mortgage loan" as a mortgage loan with security in the form of a residential dwelling of one to four units. This distinction between residential and commercial properties is essential for differentiating the types of mortgage loans available and the eligibility criteria for borrowers.

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Arizona Revised Statutes § 6-901 (2023) defines a mortgage loan or residential mortgage loan

Arizona Revised Statutes § 6-901 (2023) defines a "mortgage loan" or "residential mortgage loan" as a loan for personal, family, or household use. This loan is typically secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling. This definition aligns with the general understanding of a mortgage, where a lender provides a loan to a borrower to purchase or refinance a home, with the property serving as collateral.

In Arizona, a "residential mortgage loan" specifically refers to a loan secured by a residential dwelling of one to four units. This definition distinguishes it from "commercial property," which does not include such residential dwellings. The statute further clarifies related terms, such as "commercial mortgage broker" and "commercial mortgage loan," which pertain to transactions involving commercial properties.

The Arizona Revised Statutes also provide detailed definitions related to the mortgage process. For instance, a "mortgage broker" is defined as an individual who, for compensation or the expectation of compensation, directly or indirectly makes, negotiates, or offers to make or negotiate a mortgage loan. Similarly, a "loan originator" is defined in reference to their role in the mortgage process, which involves taking a residential mortgage loan application, offering or negotiating terms, and working with borrowers and lenders to modify loan agreements.

Additionally, the statutes define a "residential mortgage loan servicer" as an individual who collects payments on behalf of the noteholder and works to modify loan obligations to avoid foreclosure when a borrower defaults on their loan. These definitions outline the key roles and processes involved in mortgage loan transactions in Arizona, providing a comprehensive framework for understanding the state's mortgage industry.

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