Ontario Mortgage Brokering Regulations
38 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Which professional provides advice to a home purchaser regarding the property's condition?

  • Land Surveyor
  • Home Inspector (correct)
  • Mortgage Default Insurer
  • Real Estate Appraiser
  • What role does a mortgage administrator fulfill?

  • Determining the market value of properties.
  • Providing mortgage default insurance policies.
  • Negotiating agreements of purchase and sale.
  • Servicing mortgage loans on behalf of a lender. (correct)
  • Which of the following professionals creates surveys detailing boundary locations and physical features of land?

  • Home Inspector
  • Land Surveyor (correct)
  • Real Estate Salesperson
  • Real Estate Appraiser
  • What does a real estate lawyer NOT typically handle in a real estate transaction?

    <p>Determining the market value of the property (B)</p> Signup and view all the answers

    What significant change in the Bank Act led to banks becoming dominant in the mortgage market?

    <p>The removal of a cap on interest rates. (B)</p> Signup and view all the answers

    What is the primary purpose of mortgage default insurance?

    <p>To protect lenders against losses from borrower default. (D)</p> Signup and view all the answers

    What is the function of title insurance in a real estate transaction?

    <p>To protect against losses related to title defects. (D)</p> Signup and view all the answers

    What is the purpose of a 'stress test' in the context of mortgage lending?

    <p>To assess a borrower's ability to handle increased interest rates. (B)</p> Signup and view all the answers

    Which of the following best describes the role of a real estate appraiser?

    <p>To determine the market value of a property. (B)</p> Signup and view all the answers

    What is the primary function of a mortgage creditor insurer?

    <p>To protect the borrower by paying off the mortgage upon a specific event like death. (B)</p> Signup and view all the answers

    Until 1967, what factor predominantly limited banks' participation in the residential mortgage market in Ontario?

    <p>A cap on interest rates they could charge. (A)</p> Signup and view all the answers

    Who employs a real estate salesperson?

    <p>Licensed Real Estate Broker (D)</p> Signup and view all the answers

    Who provides assistance with lender’s products, underwriting guidelines, etc, for real estate agents/brokers?

    <p>Business Development Manager (C)</p> Signup and view all the answers

    What change to lending rules occurred in 1954?

    <p>The rule that banks are allowed to lend on residential mortgages. (B)</p> Signup and view all the answers

    Who dominates the Canadian Mortgage Market?

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

    Which of the following characterizes an employee rather than an independent contractor?

    <p>Payer controls the worker's duties, whether that control is used or not. (B)</p> Signup and view all the answers

    Which of the following is a characteristic of an independent contractor?

    <p>Sets their own working hours. (C)</p> Signup and view all the answers

    Which of the following benefits is typically associated with using a mortgage agent?

    <p>Access to rate specials from various lenders. (B)</p> Signup and view all the answers

    Why are the educational requirements for mortgage agents considered beneficial to borrowers?

    <p>Agents receive expert advice from specialists (A)</p> Signup and view all the answers

    What distinguishes a mortgage agent from an institutional mortgage originator?

    <p>A mortgage agent can place clients with various lenders. (B)</p> Signup and view all the answers

    According to the context, what is the role of the Principal Broker within a mortgage brokerage?

    <p>To be the chief compliance officer of the brokerage. (C)</p> Signup and view all the answers

    What happens to a mortgage agent's license if they resign from a mortgage brokerage?

    <p>The license will be suspended until they are hired by another mortgage brokerage. (D)</p> Signup and view all the answers

    Which of the following best describes an institutional lender?

    <p>A company constructed to lend money on real estate. (B)</p> Signup and view all the answers

    Why might a private lender choose to invest in second mortgages?

    <p>They typically provide a higher rate of return than first mortgages. (B)</p> Signup and view all the answers

    What is a 'mortgagor'?

    <p>The individual or individuals who are taking the mortgage loan. (C)</p> Signup and view all the answers

    In what scenario should a mortgage agent exercise significant due diligence?

    <p>When the borrower is acting under a Power of Attorney. (C)</p> Signup and view all the answers

    A Lender Business Development Manager (BDM) is responsible for what?

    <p>Generating business from brokerages for the lender. (B)</p> Signup and view all the answers

    Who pays the commission to a mortgage brokerage for their services?

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

    Which of these is NOT a way that an employee is paid?

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

    What's the primary difference between private and institutional lenders when it comes to risk tolerance?

    <p>Private lenders are more often investors in 2nd mortgages due to their higher rate of return. (A)</p> Signup and view all the answers

    Which entity is responsible for the regulation of mortgage brokering practices within Ontario?

    <p>Financial Services Regulatory Authority of Ontario (FSRA) (C)</p> Signup and view all the answers

    Which legislation primarily dictates the operational guidelines for mortgage brokerages, lenders, and administrators in Ontario?

    <p>The Mortgage Brokerages, Lenders and Administrators Act, 2006 (MBLAA) (D)</p> Signup and view all the answers

    What additional capacity does a mortgage broker possess, contrasting with that of a mortgage agent?

    <p>A broker can act as the chief compliance officer and supervise other agents. (B)</p> Signup and view all the answers

    Which activity aligns with the duties typically performed by a mortgage agent or broker?

    <p>Brokering loans secured by real property and providing mortgage advice. (C)</p> Signup and view all the answers

    What differentiates a 'commission' from a 'brokerage fee' within the context of mortgage transactions?

    <p>A commission is paid by a lender; a brokerage fee is charged to the borrower. (C)</p> Signup and view all the answers

    What describes the primary distinction between a mortgage agent classified as an independent contractor versus one classified as an employee?

    <p>The classification hinges on the specifics outlined within their contractual agreement. (C)</p> Signup and view all the answers

    A mortgage brokerage wishes to compensate its agents based on volume of mortgages that they sell. Under the MBLAA what statement is most accurate?

    <p>Compensation based on mortgage volume is permissible provided that the agent sells various mortgage products from different lenders; so they can maintain their independence. (D)</p> Signup and view all the answers

    A mortgage agent is advising a client on a mortgage renewal. What advice is prohibited under the Act?

    <p>The agent tells the client to take out the biggest mortgage possible to improve their cashflow. (C)</p> Signup and view all the answers

    Flashcards

    Regulator of mortgage brokering in Ontario

    The Financial Services Regulatory Authority of Ontario (FSRA) oversees mortgage brokering.

    Legislation for mortgage brokering

    The Mortgage Brokerages, Lenders and Administrators Act, 2006 (MBLAA) governs mortgage activities in Ontario.

    Mortgage agent vs. broker

    A mortgage broker can supervise mortgage agents and act as the chief compliance officer.

    Typical activities of a mortgage agent

    They broker mortgages, refinance existing ones, arrange investor mortgages, and provide mortgage advice.

    Signup and view all the flashcards

    Commission vs. brokerage fee

    Commission is paid by lenders to the brokerage; brokerage fee is charged to the borrower for private mortgages.

    Signup and view all the flashcards

    Independent contractor

    A mortgage agent typically operates as an independent contractor rather than an employee, depending on their contract.

    Signup and view all the flashcards

    Principal broker role

    A principal broker supervises mortgage agents and ensures compliance with regulations.

    Signup and view all the flashcards

    Mortgage refinancing

    The process of replacing an existing mortgage with a new one, usually with better terms.

    Signup and view all the flashcards

    Real Estate Salesperson

    An individual who brokers transactions between sellers and buyers in real estate. Employed by a licensed broker and a member of a local board.

    Signup and view all the flashcards

    Real Estate Appraiser

    A professional who determines the market value of a property for financing. Licensing not always required in Ontario.

    Signup and view all the flashcards

    Home Inspector

    A qualified individual who inspects a home's condition and advises the buyer on issues that may affect market value.

    Signup and view all the flashcards

    Mortgage Default Insurer

    An insurer providing default insurance policies, especially for high-ratio mortgages, helping lenders mitigate risk.

    Signup and view all the flashcards

    Land Surveyor

    A licensed professional who creates legal maps detailing boundary, building, and important features of land parcels.

    Signup and view all the flashcards

    Real Estate Lawyer

    A lawyer specializing in real estate transactions, handling agreements and closing deals for buyers or sellers.

    Signup and view all the flashcards

    Mortgage Creditor Insurer

    A policy insuring mortgage borrowers to cover loan repayment in the event of death or specified conditions.

    Signup and view all the flashcards

    Title Insurer

    An insurer that provides policies covering real title issues, compensating losses from undisclosed problems.

    Signup and view all the flashcards

    Mortgage Administrator

    A person/entity servicing mortgage loans, processing payments and managing communications for lenders.

    Signup and view all the flashcards

    Sub-prime Mortgage Market

    A lending market for borrowers who don’t qualify for standard mortgage products, often with higher risk.

    Signup and view all the flashcards

    Stress Test

    A test ensuring borrowers can handle rising interest rates, qualifying at higher rates than offered.

    Signup and view all the flashcards

    Predominant Lender in Canada

    Institutional lenders, primarily banks, which dominate the mortgage market in Canada.

    Signup and view all the flashcards

    Bank Act Amendment 1967

    Removed the 6% interest rate cap, allowing banks to become significant mortgage lenders in Ontario.

    Signup and view all the flashcards

    Educational Requirements for Licensing

    Refer to the specific criteria outlined by institutions like Humber College for real estate salesperson licensing.

    Signup and view all the flashcards

    Employee Classification

    A worker classified as an employee works exclusively for the payer, who provides tools and controls duties.

    Signup and view all the flashcards

    Tools Supply

    In employee classification, the payer provides tools necessary for the job.

    Signup and view all the flashcards

    Control of Duties

    In employee classification, the payer has control over the worker's tasks, whether actively used or not.

    Signup and view all the flashcards

    Working Hours

    For employees, the payer sets specific working hours.

    Signup and view all the flashcards

    Benefits Package

    Employees typically receive benefits like pension plans and vacation pay.

    Signup and view all the flashcards

    Payment Structure

    Employees are paid on a salary or hourly wage, while independent contractors are paid by job.

    Signup and view all the flashcards

    Payer's Expenses

    The payer often pays expenses for employees, but independent contractors cover their own costs.

    Signup and view all the flashcards

    Mortgage Brokerage

    A licensed entity where mortgage agents operate, needing one authorized brokerage.

    Signup and view all the flashcards

    Principal Broker

    The chief compliance officer of a mortgage brokerage, responsible for regulatory activities.

    Signup and view all the flashcards

    Institutional Lender

    The primary source of mortgage funding, including banks and credit unions.

    Signup and view all the flashcards

    Private Lender

    Individuals investing in mortgages, often seeking higher returns, typically through second mortgages.

    Signup and view all the flashcards

    Mortgagor

    The borrower in a mortgage, pledging property as security for the loan.

    Signup and view all the flashcards

    Institutional Mortgage Originator

    A representative from a financial institution, working only with their lender’s products.

    Signup and view all the flashcards

    Business Development Manager/Officer

    A lender employee who generates business from mortgage brokerages.

    Signup and view all the flashcards

    Study Notes

    Ontario Mortgage Brokering Regulations

    • Regulatory Body: The Financial Services Regulatory Authority of Ontario (FSRA) regulates mortgage brokering in Ontario.
    • Governing Legislation: The Mortgage brokerages, Lenders and Administrators Act, 2006 (MBLAA) governs the activities of mortgage brokering.
    • Mortgage Broker vs. Agent: A mortgage broker can be a principal broker (chief compliance officer), supervise agents, and broker multiple loan types (e.g., new, collateral, lines of credit). A mortgage agent is typically not able to perform these tasks.

    Mortgage Agent/Broker Activities

    • Loan Types: Brokering new mortgages, collateral mortgages, lines of credit, and other real estate-backed loans.
    • Refinancing: Arranging refinancing of existing mortgages.
    • Investment: Arranging investment in mortgages by individuals.
    • Advice: Providing mortgage advice and counsel, including renewal options.

    Commission vs. Brokerage Fee

    • Commission: Paid to the brokerage by a lender (usually institutional).
    • Brokerage Fee: Charged by the brokerage to the borrower (usually for private mortgages). The fee is deducted from the loan and remitted to the brokerage.

    Independent Contractor vs. Employee

    • Independent Contractor: Often the case for mortgage agents. Can work for multiple entities, control their work hours, provide their own tools, and may hire others.
    • Employee: Often not the case for mortgage agents, characterized by working solely for a payer, having tools provided by a payer, having payer control over duties, working hours and benefits (pension, group benefits, paid vacation, expense reimbursement).

    Benefits of Using a Mortgage Agent

    • Choice: Access to multiple lenders (banks, credit unions, monoline lenders, mortgage investment corporations, private lenders).
    • Expertise: Licensed specialists with specialized education and continued licensing.
    • Competitive Rates: Access to the best rates from various lenders.
    • Customized Solutions: Assess borrower needs and recommend tailored solutions from different lenders.
    • Free Expert Advice: Lenders commission the brokerage, so the borrower doesn't pay for expert advice.

    Key Participants in the Ontario Mortgage Industry

    • Mortgage Brokerage: Licensed entity authorizing licensed mortgage agents under a principal broker.
    • Principal Broker: Designated chief compliance officer within the brokerage, adhering to Regulation 410/07.
    • Institutional Lender: Primarily banks, credit unions, other financial institutions; major providers.
    • Private Lender: Individuals investing in mortgages, often 2nd mortgages for profit.
    • Borrower (Mortgagor): Individual(s) taking the loan and pledging property as security.
    • Institutional Mortgage Originator: Employees of financial institutions who focus only on one lender.
    • Lender Business Development Manager/Officer (BDM/BDO): Employed by lenders to support brokerages.
    • Real Estate Salesperson: Brokers property transactions, crucial to acquiring clients for mortgage agents.
    • Real Estate Appraiser/Assessor: Evaluates property market value, critical to financing processes.
    • Home Inspector: Evaluates home condition, impacting market value and mortgage processes.
    • Mortgage Default Insurer: Provides insurers to lenders, for instances of default.
    • Land Surveyor: Creates legal maps detailing property boundaries.
    • Lawyer: Negotiates and drafts agreements – crucial for mortgage transactions.
    • Mortgage Creditor Insurer: Insures lenders if borrowers default.
    • Title Insurer: Insures title to protect against issues with the title.
    • Mortgage Administrator: Services mortgage loans for lenders.

    Historical Context of Bank Lending

    • 1954: Bank Act change allowed banks to lend on residential mortgages, but a 6% interest cap limited profitability, making life insurance companies the dominant providers.
    • 1967: Bank Act amendment removed the interest cap, making banks the predominant mortgage lenders (approximately 61% of mortgages).

    Sub-prime Mortgage Market

    • Description: Loans made to borrowers who don't qualify for traditional lenders' typical products.

    Stress Test

    • Purpose: Tests borrower's ability to afford increased interest rates.
    • Method: Requires qualifying at the Bank of Canada's five-year fixed rate (or, highest rate between lender's offered rate + 2%).

    Predominant Lender in Canada

    • Institutional Lenders (especially banks): dominate the market.

    Trade Associations and Designations

    • Trade Associations: AMIPROS, CMBA, MPC
    • Designations: CMIP, AMP

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Description

    This quiz covers the essential regulations and activities of mortgage brokering in Ontario as governed by the Financial Services Regulatory Authority. Learn about the distinctions between mortgage brokers and agents, the types of loans they handle, and the intricacies of commissions versus brokerage fees.

    More Like This

    Use Quizgecko on...
    Browser
    Browser