Mortgage Lending Regulations Quiz

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Questions and Answers

According to the CFPB, which of the following agreements are related to RESPA Section 8?

  • Social media
  • Marketing Service Agreements (correct)
  • Co-branding (correct)
  • Co-marketing (correct)

Which federal law mandates the disclosure of housing counseling information to borrowers by lenders?

  • Truth-in-Lending Act
  • Real Estate Settlement Procedures Act (correct)
  • Gramm-Leach-Bliley Act
  • Ability to Repay Act

What rule addresses the use of forged, counterfeit, lost, or stolen documents to obtain customer information?

  • The Disposal Rule
  • The Financial Privacy Rule
  • The Pretexting Rule (correct)
  • The Red Flags Rule

Which of the following practices is deemed unfair according to the provided information?

<p>Asking a woman her ability to bear children (A)</p> Signup and view all the answers

What is the primary role of government-sponsored enterprises (GSEs) in mortgage lending?

<p>Standardizing conforming guidelines to increase investor cash flow (C)</p> Signup and view all the answers

What is the allowed APR tolerance under TILA for a typical transaction?

<p>0.25% (D)</p> Signup and view all the answers

What is the purpose of the Negative Option ARM recast feature?

<p>Capping adjustments to reduce payment shock (D)</p> Signup and view all the answers

Which entity is responsible for managing mortgage loan collections and foreclosures?

<p>Servicer (D)</p> Signup and view all the answers

What is the regulation that requires lenders to disclose the costs associated with closing a mortgage?

<p>RESPA (D)</p> Signup and view all the answers

What is the term for money provided by a lender to help a borrower cover closing costs?

<p>Lender credit (A)</p> Signup and view all the answers

According to TILA, how many times must a lender extend credit in a calendar year to be considered a regular credit provider?

<p>10 times (A)</p> Signup and view all the answers

Which of the following actions would violate the Fair Housing Act?

<p>Discouraging a potential borrower from making a loan application (B)</p> Signup and view all the answers

What document clarifies the steering and loan originator compensation provisions within the Dodd-Frank Wall Street Reform and Consumer Protection Act?

<p>Framework (D)</p> Signup and view all the answers

When is it NOT necessary to disclose your Unique Identifier?

<p>Marketing pieces (A)</p> Signup and view all the answers

Who has the authority to make the final decision on a borrower's credit request?

<p>Underwriter (B)</p> Signup and view all the answers

Which statement about FHA mortgage limits is FALSE?

<p>FHA mortgage limits are calculated every 3 years (D)</p> Signup and view all the answers

How many years from the credit discharge date is a negative item allowed to remain on a credit report?

<p>7 years from the credit discharge date (C)</p> Signup and view all the answers

What is the maximum number of days allowed for disputing inaccurate credit information?

<p>60 (C)</p> Signup and view all the answers

When are funds disbursed for an owner-occupied residential loan?

<p>After the three business-day right of rescission period has expired (C)</p> Signup and view all the answers

Which of the following statements about the HOEPA counseling disclosure is NOT true?

<p>The disclosure must be sent 3 days prior to consummation (D)</p> Signup and view all the answers

Under what circumstances can a loan originator legally provide a copy of the consumer's credit report?

<p>When the MLO's contract with the credit reporting agency does not prohibit it (B)</p> Signup and view all the answers

What is the maximum back-end DTI for a manually underwritten conventional loan?

<p>43% (C)</p> Signup and view all the answers

For a 1/1 ARM with caps of 2/2/8, what would be the interest rate at 6 months with an initial rate of 4%, SOFR at 2%, and a margin of 1.25%?

<p>6% (A)</p> Signup and view all the answers

Which aspect is NOT considered when calculating a credit score?

<p>Your monthly payment on all credit lines (A)</p> Signup and view all the answers

Which of the following is most significant when qualifying the income of a sole proprietor borrower?

<p>Schedule C net income plus non-cash expenses and depreciation (C)</p> Signup and view all the answers

What happens to the yield spread premium after a loan closes?

<p>The Lender benefits from it (B)</p> Signup and view all the answers

When can a borrower repurchase again after a foreclosure according to FHA underwriting guidelines?

<p>5 years from the deed transfer date (D)</p> Signup and view all the answers

What is true when a deed of trust is recorded?

<p>A lien is created (C)</p> Signup and view all the answers

What is the permissible approach to asking borrowers about divorce?

<p>Permissible only with documentation in the loan file (C)</p> Signup and view all the answers

If borrower Jill reduces her loan-to-value ratio (LTV) from 95% to 90%, how will her private mortgage insurance (PMI) change?

<p>It would be lower (B)</p> Signup and view all the answers

What are the terms of the 'cooling off' period under HOEPA?

<p>Three business days after closing (B)</p> Signup and view all the answers

After a Chapter 13 bankruptcy, when can a borrower repurchase again according to FHA Standard underwriting?

<p>3 years from the discharge date (B)</p> Signup and view all the answers

How long does MLO Jones have to notify Natasha of an adverse action if she does not accept the counteroffer?

<p>30 calendar days (A)</p> Signup and view all the answers

What is Safe Harbor called when a QM loan is not considered a higher-priced mortgage?

<p>Presumption of Compliance (A)</p> Signup and view all the answers

The daily interest for the borrower’s loan is $17.44. They close on the 15th of the month, and there are 15 days before the 1st of the next month. How much prepaid interest do they have to pay?

<p>$279.04 (C)</p> Signup and view all the answers

What source of down payment is NOT acceptable for Federal Housing Administration (FHA) financing?

<p>unsourced funds (C)</p> Signup and view all the answers

Which is considered a change of circumstance that allows a revised Loan Estimate?

<p>Addition of flood insurance that does not cause a program or product change (A)</p> Signup and view all the answers

When a veteran does not have sufficient tradelines on his credit report, what can be used to establish credit history?

<p>alternative credit references (B)</p> Signup and view all the answers

Which is NOT a key point when a mortgage lender reviews the borrower's source of funds to close?

<p>is the financial institution federally insured (C)</p> Signup and view all the answers

A new applicant for a mortgage loan originator license must complete how many hours of pre-licensing education prior to submitting an application?

<p>25 (D)</p> Signup and view all the answers

What is the funding fee percentage that a borrower will have to pay?

<p>3.30% (D)</p> Signup and view all the answers

How many days does a consumer have to correct a non-numeric clerical error on the Closing Disclosure?

<p>20 days after consummation (A)</p> Signup and view all the answers

What is the acquisition cost when the purchase price is $227,000 with $5,200 in closing costs and $1,000 paid by the seller on a $175,000 loan?

<p>$231,200 (B)</p> Signup and view all the answers

What is the condition under which a consumer can be charged an appraisal review fee?

<p>If the appraiser requests a review appraisal be completed (B)</p> Signup and view all the answers

Which of the following is NOT a characteristic of a State Housing Finance Agency?

<p>Operates without state audit and review (B)</p> Signup and view all the answers

Which of the following constitutes liability fraud?

<p>Debts from the credit report do not transfer over to application (C)</p> Signup and view all the answers

What type of mortgage is a wraparound mortgage?

<p>A type of second mortgage (A)</p> Signup and view all the answers

What will a lender obtain to ensure proper lien position?

<p>A lender's title insurance policy (C)</p> Signup and view all the answers

Flashcards

Yield Spread Premium (YSP)

A fee paid to the broker by the lender based on the interest rate of the loan.

Qualifying Sole Proprietor Income

The most important income to consider is the Schedule C net income for sole proprietors.

FHA Foreclosure Waiting Period

A borrower can repurchase 3 years after a foreclosure according to FHA guidelines.

Lien Creation with Deed of Trust

When a deed of trust is recorded, it creates a lien on the property.

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Divorce Questions in Lending

Asking about divorce is permissible only if documentation suggests it.

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Impact of PMI on LTV Change

PMI would be lower if LTV drops from 95% to 90% with a 5% extra down payment.

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HOEPA Cooling Off Period

The cooling off period under HOEPA lasts three business days after closing.

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Bankruptcy Repurchase Waiting Period

According to FHA, borrowers can repurchase 2 years after a Chapter 13 bankruptcy.

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RESPA Section 8 agreements

Guidance on co-marketing, co-branding, social media, and marketing service agreements.

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Pretexting Rule

Prohibits using forged documents to obtain financial customer info.

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Housing counseling disclosures

Required by federal law for lenders to give to borrowers.

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Major role of GSEs

Standardize lending guidelines to increase mortgage cash flow.

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TILA APR tolerance

Allows a 0.25% tolerance for regular transaction APRs.

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Misleading acts considered unfair

An act that cannot be reasonably avoided by consumers.

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Negative Option ARM feature

Amortizes loan to ensure full payment by term end.

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Entity managing collections

The servicer handles mortgage loan collections and foreclosures.

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Funding fee percentages

A funding fee is an upfront cost for certain loan types, typically expressed as a percentage of the loan amount.

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Correcting clerical errors

You have a specific number of days after consummation to correct clerical errors in the Closing Disclosure.

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Acquisition cost calculation

The acquisition cost includes the purchase price plus closing costs, minus any seller contributions.

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Appraisal review fee conditions

A consumer can only be charged an appraisal review fee under specific circumstances outlined in loan documents.

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State Housing Finance Agency

It is an authority to assist with affordable housing unless certain conditions are not met.

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Liability fraud examples

Liability fraud can include debts not being disclosed or mismatching between reports and applications.

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Wraparound mortgage

A wraparound mortgage is a type of secondary mortgage that wraps an existing mortgage.

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Lender's title insurance

It protects lenders from losses due to defects in the title, ensuring proper lien position.

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FACTA Dispute Investigation Period

Consumers have 30 days to investigate inaccuracies in their credit information under FACTA.

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Owner-Occupied Loan Disbursement

Funds for owner-occupied residential loans are disbursed after the loan documents are recorded.

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HOEPA Counseling Disclosure

HOEPA requires a counseling disclosure sent within 3 business days of application for high-cost transactions.

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Loan Originator & Credit Report

Loan originators can provide a copy of the credit report when the customer requests it.

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Max Back-End DTI Ratio

On a manually underwritten conventional loan, the back-end DTI cannot exceed 43%.

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1/1 ARM Rate Adjustment

An ARM with caps of 2/2/8 would have a maximum interest rate adjustment of 2% annually, resulting in a possible 6% rate after adjustments.

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Credit Score Calculation Factors

Your monthly payment on all credit lines is not considered in calculating your credit score.

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Broker Ethical Practices

A broker may mislead consumers by promoting lower interest rates but recommending higher rates with more fees without justification.

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Adverse Action Notification

MLO Jones must notify Natasha within 30 calendar days of an adverse action if she does not accept the counteroffer.

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Safe Harbor for QM Loans

A QM loan not considered higher-priced is called Presumption of Compliance.

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Prepaid Interest Calculation

Prepaid interest for a loan is $261.60 when the daily interest is $17.44 for 15 days.

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FHA Down Payment Sources

Unsourced funds are not acceptable for FHA financing as down payment sources.

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Change of Circumstance

Addition of flood insurance, causing a revised Loan Estimate, counts as a change of circumstance.

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Establishing Credit History

Alternative credit references can be used to establish credit history for veterans lacking tradelines.

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Mortgage Lender's Key Points

Funds from an acceptable source is a key point when reviewing borrower's source of funds to close.

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Mortgage Loan Originator Education

New applicants must complete 20 hours of pre-licensing education prior to applying for a mortgage loan originator license.

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TILA

Truth in Lending Act, ensuring borrowers receive clear information about loan terms.

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RESPA

Real Estate Settlement Procedures Act, regulates disclosures about settlement costs.

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BSA/AML

Bank Secrecy Act/Anti-Money Laundering, laws to combat money laundering.

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Lender Credit

Money from a mortgage lender to help cover closing costs.

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Credit Decision Maker

An underwriter is authorized to make credit decisions on applications.

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FHA Mortgage Limits

FHA sets limits based on median prices but has floors and ceilings.

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NMLS Licensing History

Requires two years of employment history with no gaps.

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Surrendering a License

A licensee must notify the state agency to surrender a license.

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Study Notes

Test 1

  • The maximum percentage limit on the total obligation DTI ratio for a general qualified mortgage is 28%
  • Under ECOA, lenders must provide the reason for denial within 30 days.
  • A fraud scheme that involves "get rich quick" real estate seminars is generally categorized as illegal property flipping
  • Eligibility for a mortgage loan originator license application may be denied for various reasons, including a license revocation, felony conviction, foreclosure, or seriously delinquent accounts.
  • The Federal Credit Reform Act (FCRA) was enacted to improve access to credit information.
  • Consumers are entitled to a free copy of their credit score annually
  • An owner-occupied refinance transaction is one of the scenarios where the right of rescission applies.

Test 2

  • An attorney performing multiple settlement services who earns fees for their work violates RESPA
  • An employer paying employees for referrals violates RESPA
  • An MLO leasing space in a real estate office at above market rates violates RESPA
  • The proration amount for the June 1st rent paid was $300
  • HMDA was developed to address redlining
  • Steering and predatory lending were issues HMDA addressed
  • MLOs must disclose actions requiring a "Yes" response in their disciplinary actions
  • The MU4R disclosure requires official documentation to be uploaded as a PDF

Test 3

  • The industry standard for gross percentage adjustment in a residential property appraisal is 10%
  • A buydown is a situation where borrowers pay a fee to temporarily have a lower interest rate, but the rate eventually increases to the agreed fixed rate
  • The correct answer for the time Omar has to rescind his loan given he wasn't provided the right to rescind the information, is Omar now has 3 years to rescind his loan
  • The 7-year rule applies to FHA Standard underwriting when considering a repurchase after a Chapter 13 bankruptcy.
  • The conventional mortgage's back end DTI ratio for a manually underwritten loan is 28%
  • There is a need to disclose a housing counseling on high cost loans.
  • Asking about intentions relating to childbearing is an invalid question during a loan application.

Test 4

  • A borrower can have a loan with an LTV of 95%, and if 5% is paid down, then the PMI will either remain the same or decrease
  • In HOEPA terms, the “cooling off” period is three business days prior to closing
  • After the Great Recession, and per FHA Standard underwriting, a person who had a Chapter 13 bankruptcy would need to wait 7 years before they could repurchase a home again.
  • The time allowed to dispute inaccurate credit information is 60 days
  • An MLO's responsibility is to provide a copy of the credit report to the borrower at the borrower's request.
  • The back-end DTI on a manually underwritten conventional loan cannot exceed 43%
  • The calculation of Angela's interest rate at 6 months after a 1/1 ARM with caps of 2/2/8 would be 6%.

Test 5

  • The process of issuing a notice of the right to rescind must be provided twice, and to all owners involved on the property.
  • An initial escrow account statement must be given within 45 calendar days of settlement in accordance with RESPA.
  • An MLO must be licensed to discuss specifications of particular loan products, detailed information & collect other necessary information for the application for a potential borrower
  • An underwriter is looking at the borrower's credit inquiries for the past 12 months
  • A violation of TRID would involve disclosing all Zero and 10% Tolerance costs on a loan estimate, except Escrows, Realtor fees, and Discount Points.

Test 6

  • Fines, cease and desist orders and the refusal of a license renewal are acceptable actions for a regulatory authority.
  • The business income generated by a sole proprietorship is calculated using Schedule C.
  • The list of federal banking agencies would not include the director of the office of credit compliance.
  • The funding fee for a VA loan with a 10% downpayment would be 2.15%
  • You have 60 days to correct a nonnumeric error in the Closing Disclosure.
  • Acquisition cost would be $231,200 given the contract terms, and fees.
  • If an appraisal review is needed because the appraiser requests it, that is the situation in which the consumer is able to be charged an appraisal review fee.
  • The 7-year rule to wait before re-purchasing a home after experiencing a mortgage-related issue like a foreclosure or bankruptcy is a valid consideration.
  • Lender Liability fraud includes debts that don't match up with the documentation on file, borrowers not informing the lender about a property, and failing to disclose the details about their credit or finance status in relation to the property.
  • Asking about a borrower's ability to bear children during an application is considered forbidden.

Test 7

  • Practices, age and dependents can be questioned in a mortgage application if a co-borrower isn't involved.
  • Inquiries of the borrower, with regards to marital status (married/unmarried/separated/divorced) are permissible, but doing so without a co-borrower isn't possible
  • Funds, for closing costs, that have not been vested before the transaction date are not a permissible source of funding.
  • An adverse action needs to be notified to a borrower within 30 days.
  • The borrower would be required to pay the full amount of the interest calculated from the 15th of the month, to the 1st of the next month. This is also a higher price mortgage
  • FHA financing disallows the usage of a gift as the source of a down payment.
  • Veteran's purchasing homes are given a funding fee, the fee's amount is dependent on the down-payment.
  • It is acceptable for an MLO to offer a counter-offer, but notification of the adverse action should be within 30 days per Regulation Z.

Test 8

  • The pre-licensing education requirement for a mortgage loan originator is at least 10 hours.
  • If a lender disregards the ECOA when making applicant decisions based on factors the law prohibits, that's considered disparate treatment.
  • Federal laws like the Bank Secrecy Act/Anti-Money Laundering Act (BSA/AML) and the Gramm-Leach-Bliley Act require annual employee training.
  • TILA mandates a lender provide a lender credit or table funding if the loan's closing costs exceed the amount the borrower was prepared to pay.
  • A violation of the Fair Housing Act includes discouraging a prospective borrower from applying for a loan, and to not require a credit approval or appraisal
  • The Dodd-Frank Act made steering and compensation provisions more transparent.
  • An application to a lender is permissible to query a borrower, about their credit, but not their birth control policies.

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