Florida Loan Originator Act Overview
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Florida Loan Originator Act Overview

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Questions and Answers

What is the Florida Loan Originator and Mortgage Broker Act?

Title XXXIII, Chapter 494

What does Chapter 494 cover?

Florida's licensing law for mortgage lending institutions that are not traditional depository and lending institutions.

What does Part 1 of Chapter 494 cover?

General provisions as they apply to mortgage professionals.

What is contained in Part 2 of Chapter 494?

<p>The Florida laws applicable to mortgage brokers and loan originators.</p> Signup and view all the answers

What does Part 3 of Chapter 494 relate to?

<p>Mortgage lenders and regulation of mortgage loan originators.</p> Signup and view all the answers

What law did Florida revise Chapter 494 to comply with?

<p>The S.A.F.E. Act</p> Signup and view all the answers

Where is The Administrative Procedures Act found?

<p>Chapter 120 of the Florida Statutes</p> Signup and view all the answers

What is the purpose of the Florida State Anti-Coercion Act?

<p>To protect mortgage loan applicants from coercion by a lender.</p> Signup and view all the answers

What must a lender notify the borrower of before any formal application or payment of fees, according to the Anti-Coercion law?

<p>Their rights regarding the purchase of insurance.</p> Signup and view all the answers

What do lenders have the right to set under Chapter 690-124 Anti-Coercion rules?

<p>Requirements regarding the adequacy of the insurance coverage needed.</p> Signup and view all the answers

To comply with Chapter 690-124 rules, what must the Anti-Coercion disclosure be?

<p>Signed by the borrower and retained by the lender.</p> Signup and view all the answers

What types of insurance do the provisions of the 690-124 Rule related to Anti-Coercion apply to?

<p>Credit Insurance, Hazard Insurance, and Mortgage Protection Insurance.</p> Signup and view all the answers

Who is considered a borrower?

<p>A person obligated to repay a mortgage loan.</p> Signup and view all the answers

What is a branch manager?

<p>The licensed loan originator in charge of the operation of the branch office.</p> Signup and view all the answers

What defines a branch office in mortgage brokerage?

<p>A location, other than the principal place of business, where mortgage loans are handled.</p> Signup and view all the answers

What is the Commission in the context of Florida mortgage law?

<p>The Financial Services Commission.</p> Signup and view all the answers

What is a control person?

<p>An individual or organization that directs the management or policies of a company.</p> Signup and view all the answers

What does the term control person include?

<p>Executive officers, shareholders, and general partners with significant ownership.</p> Signup and view all the answers

What is a financial audit report?

<p>A report prepared in connection with a financial audit by a certified public accountant.</p> Signup and view all the answers

What must the financial audit report include?

<p>Financial statements and an opinion on their conformity with generally accepted accounting principles.</p> Signup and view all the answers

What is an institutional investor?

<p>A business entity that invests in mortgage loans.</p> Signup and view all the answers

What defines a licensed mortgage loan originator?

<p>An individual who solicits or offers to solicit a mortgage loan.</p> Signup and view all the answers

What are licensed loan originators forbidden from?

<p>Being employed by more than one mortgage broker/lender at the same time.</p> Signup and view all the answers

What can a mortgage loan originator charge when referring a borrower to a third party for settlement services?

<p>The actual amount of the third party charge.</p> Signup and view all the answers

What is a loan commitment?

<p>A statement by the lender setting the terms for a mortgage loan.</p> Signup and view all the answers

What does loan modification mean?

<p>A modification to an existing loan, not including a refinancing transaction.</p> Signup and view all the answers

When can a borrower cancel a loan modification without penalty?

<p>Within 3 business days after signing the agreement.</p> Signup and view all the answers

What constitutes a loan origination fee?

<p>Total compensation received by a mortgage broker acting as a loan originator.</p> Signup and view all the answers

What is a lock-in agreement?

<p>An agreement that guarantees a specified interest rate for a certain period.</p> Signup and view all the answers

What does 'making a mortgage loan' involve?

<p>Closing a mortgage loan, advancing funds, or committing funds to an applicant.</p> Signup and view all the answers

What is considered a material change in mortgage terms?

<p>A change important to a reasonable borrower in making a decision.</p> Signup and view all the answers

What is a mortgage loan application?

<p>Submission of a borrower's financial information in anticipation of a credit decision.</p> Signup and view all the answers

What does a mortgage lender do?

<p>Makes or services mortgage loans for others.</p> Signup and view all the answers

What is known as service endorsement?

<p>Authorizing a mortgage lender to service a loan for more than 4 months.</p> Signup and view all the answers

What is a mortgage broker?

<p>A person conducting loan originator activities through licensed originators.</p> Signup and view all the answers

When must a mortgage broker disclose total compensation to the borrower?

<p>Within 3 days after receipt of a loan application.</p> Signup and view all the answers

What happens if a mortgage broker closes a loan while their license is suspended?

<p>The loan is valid, but the loan originator violated the law.</p> Signup and view all the answers

What is net worth?

<p>Total assets minus total liabilities.</p> Signup and view all the answers

Who is the principal loan originator?

<p>The licensed loan originator responsible for the operation of a mortgage company.</p> Signup and view all the answers

What does the principal place of business refer to?

<p>A mortgage lender's primary business office.</p> Signup and view all the answers

What do points and fees include?

<p>Broker fee, Closing Fee, YSP (borrower credit).</p> Signup and view all the answers

What can a mortgage loan originator lawfully do if a borrower cannot pay closing fees?

<p>Lower the fee amount by forfeiting a portion of the broker's commission.</p> Signup and view all the answers

What defines a registered loan originator?

<p>An MLO employed by a depository institution and registered with the NMLS.</p> Signup and view all the answers

What is the NMLS?

<p>The mortgage licensing system for loan originators.</p> Signup and view all the answers

Who is considered a relative in mortgage documentation?

<p>Family members by blood or adoption, including spouses and children.</p> Signup and view all the answers

What is a registered loan originator exempt from?

<p>Licensure when acting as an employee of a depository institution.</p> Signup and view all the answers

What is a servicing endorsement?

<p>Authorization for a mortgage lender to service a loan for more than four months.</p> Signup and view all the answers

What does servicing a mortgage loan entail?

<p>Receiving or transferring installment payments of principal and interest.</p> Signup and view all the answers

What is an ultimate equitable owner?

<p>Someone who owns or controls an ownership interest in a business organization.</p> Signup and view all the answers

What is a mortgage loan?

<p>Residential loan secured by a mortgage or loan on commercial real property.</p> Signup and view all the answers

What does the term 'affiliate' refer to?

<p>Any entity directly controlling or controlled by the license applicant.</p> Signup and view all the answers

What does the term ultimate equitable owner mean?

<p>A person who owns or controls an ownership interest in a business organization.</p> Signup and view all the answers

What was the 2002 Florida Fair Lending Act passed in response to?

<p>The increase of predatory lending in the state.</p> Signup and view all the answers

What does the Fair Lending Act prohibit?

<p>Specific lending terms and practices characteristic of predatory loans.</p> Signup and view all the answers

What does the Homestead Exemption (Chapter 196) outline?

<p>What property qualifies for a tax exemption and how to obtain it.</p> Signup and view all the answers

Who is intended to benefit from the Florida Homestead Exemption?

<p>Florida residents who hold title to a qualifying property.</p> Signup and view all the answers

What type of property is NOT eligible for the Florida Homestead Exemption?

<p>Rental Property</p> Signup and view all the answers

What does the Save Our Homes Amendment 10 limit?

<p>Increase in assessed value of properties with the Homestead Exemption.</p> Signup and view all the answers

How is the Mortgage Guaranty Trust Fund financed?

<p>Through fees for license applications.</p> Signup and view all the answers

Study Notes

Florida Loan Originator and Mortgage Broker Act

  • Encompasses Title XXXIII, Chapter 494, governing non-traditional mortgage lending institutions.
  • Chapter 494 includes licensing laws for mortgage brokers and lenders not categorized as banks, savings loans, or credit unions.

Chapters and Provisions

  • Part 1 outlines general provisions for mortgage professionals.
  • Part 2 details laws specifically for mortgage brokers and loan originators.
  • Part 3 focuses on mortgage lenders and the regulation of individuals working as loan originators.

Compliance and Regulatory Standards

  • Florida revised Chapter 494 to adhere to the S.A.F.E. Act standards.
  • The Administrative Procedures Act is found in Chapter 120 of the Florida Statutes.

Anti-Coercion Protections

  • The Florida State Anti-Coercion Act protects mortgage applicants from pressure regarding mortgage protection insurance purchases.
  • Lenders must inform borrowers of their insurance purchase rights before formal applications or fee payments.
  • Anti-Coercion rules require written notice signed by the borrower, retained by the lender.

Definitions and Roles

  • Borrower includes anyone responsible for repaying a mortgage loan, such as co-borrowers or guarantors.
  • Branch manager is a licensed loan originator responsible for branch office operations.
  • Control person refers to individuals or entities directing management or policies within a company.

Financial Reports and Audits

  • Financial audit reports are composed per accepted standards by certified public accountants, including financial statements and their compliance with accounting principles.

Loan Originators

  • Licensed mortgage loan originators solicit, process, and negotiate mortgage loans for borrowers, and are prohibited from working for multiple brokers simultaneously.
  • Loan originators must disclose compensation details to the borrower within three days of receiving a loan application.

Types of Mortgage Loans and Applications

  • Mortgage loans include residential loans for personal use and loans for commercial real estate under certain conditions.
  • A loan modification alters an existing loan but does not classify as refinancing. Borrowers can cancel a loan modification within three business days of signing.

Closing and Fees

  • The loan origination fee encapsulates all compensation received by a mortgage broker for processing applications.
  • Points and fees include various charges like broker and closing fees.

Licensing and Affiliations

  • Registered loan originators working with federally regulated institutions must maintain a unique identifier through the NMLS.
  • Affiliates of license applicants face scrutiny during the license review process.

Fair Lending Practices

  • The 2002 Florida Fair Lending Act addresses predatory lending by prohibiting certain lending terms and practices.
  • The Florida Homestead Exemption offers tax relief to qualifying property owners as of January 1 each year, excluding rental properties.

Tax and Property Value Protections

  • The Save Our Homes Amendment limits property value increases for homeowners with the Homestead Exemption to 3% of the Consumer Price Index change.
  • The Mortgage Guaranty Trust Fund is financed by license application fees.

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Description

This quiz covers key terms and definitions from the Florida Loan Originator and Mortgage Broker Act, specifically focusing on Chapter 494 and its provisions. Test your knowledge of Florida's licensing laws for mortgage lending institutions through engaging flashcards.

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