Mortgage Law in California

In Santa Clara County, California, a mortgage is a loan given to buy a specific piece of property - usually a house - with the property being purchased with the loan serving as collateral for that same loan.

Getting a mortgage is a big decision. However, if you have decided to buy a house, and determined that you can afford it, a mortgage is probably your best bet. Real estate is very, very expensive. So expensive, in fact, that it would be impossible for almost anyone to buy a home if they had to pay the full price up front. A mortgage allows the seller to get paid immediately (from the bank), with the buyer paying the bank back with interest, over a period of many years, in reasonable installments.

When you buy anything on credit, however, you are going to end up spending significantly more than the purchase price, because you have to pay interest. Obviously, a lender couldn't stay in business if it didn't charge interest on loans, this would cause it to (at best) break even on every loan it issued.

But many home buyers think that a mortgage is worth the extra cost it imposes. After all, it wouldn't be possible for most people to buy homes if they had to pay for the whole thing up front.

Getting a Mortgage in Santa Clara County, California

When trying to get a mortgage in Santa Clara County, California, it's essential that you have a good credit history dating back as far as possible. The better your past record of paying back loans, the more likely a bank is to assume the risk of loaning you hundreds of thousands (or more) dollars to buy a house.

The majority of lenders require a down payment on any mortgage. This is usually represented as some percentage of the total purchase price. Lenders require this to show that the borrower is financially solvent, indicating that they are generally responsible with their money. You should ensure that you have more money than the required down payment saved up, so that making this payment doesn't hurt your financial situation.

Also essential is realism about your finances. Credit is a strange thing - it allows people to buy things that they could never pay for on their own. Some people are tempted by the siren song of credit into buying far more than they can afford. This can happen when buying a house, as well. When buying a house with a mortgage, you need to make sure you know how much it will actually cost, and how much you'll be paying each month. And mortgage payments aren't the only expenses associated with owning a home. There are homeowner's association fees, property taxes, and the cost of maintenance.

Once you're ready to close the deal, you will have to sign all of the mortgage and sale agreements. This basically makes everything final, so it's essential that you have a good understanding of every provision of the agreement long before you get to this point. This is definitely an area where surprises are not desirable.

Can a Santa Clara County, California Real Estate Attorney help?

Because of the gravity of the decision to buy a house, and the complexity of some of the issues involved, it is never a bad idea to seek the help of a Santa Clara County, California real estate attorney if you have any questions whatsoever.