Taking advantage of ill-informed consumers through excessively high fees, misrepresented loan terms, frequent refinancing that does not benefit the
... [Show More] borrower and other prohibited acts is called __________________________. - ANSWER-Predatory Lending.
RESPA-Real Estate Settlement Procedures Act - ANSWER-The Federal Statute that deals with the settlement of residential mortgage loans.
RESPA's section 9 Prohibits - ANSWER-Home sellers from requiring home buyers to purchase title insurance from a particular company providing title services.
The Dodd-Frank Act modifies ECOA to require a creditor to furnish a copy of an appraisal developed in connection with a first mortgage_____________________ and absolutely not later than ________ business days prior to closing. - ANSWER-upon completion and 3 business days
TIL (Truth In Lending Disclosure) & GFE (Good Faith Estimate) - ANSWER-Per the Dodd Frank Act, a single disclosure form combines these 2 statements.
Per the Dodd-Frank Acvt, to be a "qualified mortgage" total points and fees may not exceed ________% of the total loan amount. - ANSWER-3% (three percent)
Per a provision of the Dodd-Frank Act mortgage lenders are to determine that a borrower has a reasonable ability to repay a loan. Does this provision apply to all loans or just owner occupied loans? - ANSWER-All loans, whether owner occupied or not.
A loan subject to HOEPA allows prepayment penalties for the first ______ years of the loan. - ANSWER-2 (two) years
Per the Dodd-Frank Act an abusive act would include which of the following:
1. One that materially interferes with the consumers ability to understand the product or service.
2. One that take unreasonable advantage of a consumers' lack of understanding.
3. One that takes unreasonable advantage of the consumer's reasonable reliance on the MLO. - ANSWER-All three would be considered abusive acts.
Per the Dodd-Frank Act if an MLO receives compensation directly from a consumer, up to how much additional compensation may be received from a lender in the same transaction? - ANSWER-$0.00, dual compensation is not allowed. Compensation must be borrower paid or lender paid.
What kinds of reasons are necessary for a lender to take adverse action with regard to a borrower? - ANSWER-Specific reasons.
Adverse action means ______________________. - ANSWER-A denial or revocation of credit. Also, a change in the terms of an existing credit arrangement or a refusal to grant credit in substantially the amount or terms requested.
Per Regulation B, Lenders should retain certain records for _____________ months. - ANSWER-25 Months
Because of the impact of the Dodd-Frank Act on a second mortgage, an APR that exceeds the ________ by more than _____% is the trigger that defines a high cost loan. - ANSWER-APOR ( Average Prime Offer Rate), 8.5%
Regulation C is known as ________________________. - ANSWER-HMDA, The Home Mortgage Disclosure Act.
What is the purpose of HMDA? - ANSWER-The HMDA determines whether financial institutions are serving the housing needs of their communities. It also identifies patterns of discriminatory lending.
Under what circumstances can a lender with an Affiliated Business Arrangement require a borrower to use a specific third party service provider? - ANSWER-If there are no kickback or referral fees and the service provider is an attorney, credit reporting agency or appraiser the lender can require that the borrower uses the provider
If a transfer of servicing occurs, the _______________ must provide a servicing transfer statement not less than ________ days before the transfer occurs. - ANSWER-Servicer, 15 (fifteen) days.
An individual who fails the MLO written exam 3 times must wait _________ months to retake the exam. - ANSWER-6 (Six) Months
Per RESPA, an annual escrow statement is required to ______________. - ANSWER-determine shortages and surpluses in the escrow account.
When must the Servicing Disclosure Statement be provided to the borrower? - ANSWER-Within 3 (three) Business Days of the Application.
Any party involved in a federally covered loan that submits fraudulent information is subject to a fine of up to $___________ and up to __________years in prison. - ANSWER-$1,000,000 (one million dollars), 30 years in prison
Per RESPA, an escrow cushion is limited to a maximum of _________ of the annual payments and surpluses over $_____must be refunded within ________ days. - ANSWER-1/6th (2 months), $50 (fifty dollars), 30 (thirty) days.
A seller takes back a $100,000 PMM @ 5.5% interest. This straight note will balloon after 10 years of payments. How much is the balloon payment? - ANSWER-$100,000 + interest for the last month. A straight note (term mortgage) is a non-amortizing interest only mortgage. The balloon would include the entire principal plus the last month's interest, as interest is paid in arrears.
FNMA conforming debt ratios equal ______/________. - ANSWER-28%, maximum housing expense/36% maximum total obligations
HOEPA stands for ___________________________. - ANSWER-Home Ownership and Equity Protection Act.
RESPA applies to what type of properties? - ANSWER-1-4 Unit Residential Properties
On a conventional mortgage loan, who makes the final decision regarding approval, denial or counter offer? - ANSWER-The Underwriter
The Civil Rights Act of 1866, prohibited public and private racial discrimination in any property transaction and was expanded in 1968 in which act? - ANSWER-The Civil Rights Act of 1968, also known as Title VIII of the Civil Rights Act , Also known as Title VIII, Also Known as The Fair Housing Act
Of the following, which is not required to be disclosed on the TIL statement? The (1) APR, (2) Note Rate, (3) Finance Charge, (4) Amount Financed or (5) Total of Payments - ANSWER-The note rate is NOT required.
Which act of 1968 provides guidelines and restrictions regarding the financing, selling and renting of real property? - ANSWER-The Civil Rights Act of 1968. AKA, The Civil Rights Act, AKA Title VIII, AKA The Fair Housing Act
Which act prohibits asking questions regarding child bearing intentions or birth control practices? - ANSWER-ECOA/Regulation B, the Equal Credit Opportunity Act
Based on objective criteria regarding the condition and value of the property or area, may a lender deny loans in neighborhoods where property values are declining? - ANSWER-YES, loans can be denied in a geographic area, but not for discriminatory reasons relative to the population of the area.
A teaser rate occurs in an ARM when the starting rate is less than the _____________. - ANSWER-Fully indexed rate.
Per ECOA, is it true that while a lender must consider reliable alimony, child support or separate maintenance payments as income, the applicant is not required to disclose such income? - ANSWER-Yes, it is true. Only income intended to be used for qualifying has to be disclosed and verified.
Of the following, who make a flood zone determination?
1. The Lender
2. The Appraiser
3. The Surveyor
4. The Underwriter - ANSWER-2. The Appraiser makes the flood zone determination.
Force-placed insurance protects the _________________.
a. Lender
b. borrower
c. both - ANSWER-a. lender
FHA requires mortgage insurance on all loans for a period of ______________ years. - ANSWER-5 (five) years.
A property sells for $300,000 and requires a 20% down payment. The origination fee will be two points. How much is the origination fee? - ANSWER-$4,800, $300,000 X 20% = $60,000 down payment
$300,000 X 80% LTV = $240,000,
$240,000 X 2% = $4,800
HOEPA prohibits ____________________ amortization. - ANSWER-Negative. Increasing the principal balance, usually because of not paying sufficient interest which then is added to the principal balance of the loa.
How often does the external Do Not Call list get updated? - ANSWER-Every 3 months or 90 days.
What does VA stand for? - ANSWER-The Department of Veteran's Affairs
The three functions of a direct endorser include ______________ , __________________ and ________________. - ANSWER-Originate, underwrite and close loans.
What is the down payment requirement on a VA guaranteed loan? - ANSWER-0, Zero. There is no down payment required.
The APR is also know at the _____________ rate. - ANSWER-Effective rate.
The term of a loan effects the APR. The longer the term the ______________ the APR. - ANSWER-Lower.
Business days exclude ________________ and _________________. - ANSWER-Sundays and Federal Holidays.
Per the TILA the three business days Right of Rescission applies to the _____________________ of a ______________________ dwelling. - ANSWER-The refinance of a primary residence.
GLBA stand for the ________________. - ANSWER-GRAMM-LEACH-BLILEY ACT
A "qualified" mortgage is one with points and fees not exceeding ______________% of the loan amount, do not have terms that exceed __________________ year and do not result in _________________ amortization. - ANSWER-3%, 30 years and negative amortization
On qualified mortgages, prepayment penalties are prohibited except for some _____________ loans. - ANSWER-Fixed rate
With regard to a credit score, the Dodd-Frank Act amended the FCRA to require creditors to provide the score to a consumer at $ ______________ cost. - ANSWER-$0, no charge
From a banks perspective, the term that describes depositors withdrawing their funds is _______________________. - ANSWER-Disintermediation
What is a 360/180 loan? - ANSWER-This loan would require payments as if amortized over 30 years but will become due or balloon in 15 years.
In a fully amortizing loan the principle portion of the payment ____________________ and the interest portion _________________. - ANSWER-Principle portion increases and interest portion decreases.
The name of the loan used to complete construction is a ______________________. - ANSWER-Gap Loan (sometimes bridge loan).
An interest only loan is also called a ________________ mortgage or ____________________ note. - ANSWER-Term mortgage or a straight note
The term that describes a banks gathering of funds from depositors for the sake of investing the combined funds is ________________. - ANSWER-Intermediation
Regulation B is also known as __________________________. - ANSWER-ECOA, The Equal Credit Opportunity Act.
Refusing to make a loan in a specific area to exclude a specific class of people is called _________________________. - ANSWER-Redlining
When inquiring about the marital status, what are the only three acceptable categories? - ANSWER-Married, unmarried or separted
If an individual place a phone number on a Do-Not-Call list, how frequently does their entry have to be renewed to stay active? - ANSWER-Never, per the Do-Not-Call Improvement Act of 2007 which amended the original Telemarketing Sales Rule
According to FACTA, any person who regularly extends, renews or continues credit is a ______________________. - ANSWER-Creditor
A _________________ is someone who allows his/her name and personal details to be used to obtain a mortgage loan for a property he/she has no intention of inhabiting. - ANSWER-Straw Buyer
The Red Flag Rules were created by the FTC pursuant to FACTA. They are primarily concerned with ______________________. - ANSWER-Identity Theft
The Federal Fair Housing Act of 1968 prohibits discrimination in residential credit but ____________________ is not protected. - ANSWER-Age
The HMDA enacted by Congress in 1975 is also known as Regulation ______________. - ANSWER-C, The Home Mortgage Disclosure Act, Regulation C
The HMDA deals with institutions with over $________________ in assets. - ANSWER-$10,000,000; Ten Million Dollars
A __________________ disclosure is required to be provided to the borrower when the referring provider has greater than 1% ownership interest in the business being referred. - ANSWER-AfBA, Affiliated Business Arrangement Disclsoure
An annual escrow analysis is required by which Federal Law? - ANSWER-RESPA governs all settlement costs including the collection and disbursement of escrows.
The loan product that utilizes an interest rate that remains the same for the life of the loan is called ___________________. - ANSWER-A fixed rate mortgage
What is the name of the Act that entitles a consumer to a free copy of their credit report if credit is denied based on information from their report? - ANSWER-FCRA, The Fair Credit Reporting Act
What type of loan would commonly use an extended rate lock? - ANSWER-A new construction loan.
While banks remain the largest source of investment funds their increased participation in long term home mortgage lending is possible because of a change in federal banking regulations. What is that change? - ANSWER-Reserve requirements have been [Show Less]