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Questions and Answers
Which professional provides advice to a home purchaser regarding the property's condition?
Which professional provides advice to a home purchaser regarding the property's condition?
What role does a mortgage administrator fulfill?
What role does a mortgage administrator fulfill?
Which of the following professionals creates surveys detailing boundary locations and physical features of land?
Which of the following professionals creates surveys detailing boundary locations and physical features of land?
What does a real estate lawyer NOT typically handle in a real estate transaction?
What does a real estate lawyer NOT typically handle in a real estate transaction?
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What significant change in the Bank Act led to banks becoming dominant in the mortgage market?
What significant change in the Bank Act led to banks becoming dominant in the mortgage market?
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What is the primary purpose of mortgage default insurance?
What is the primary purpose of mortgage default insurance?
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What is the function of title insurance in a real estate transaction?
What is the function of title insurance in a real estate transaction?
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What is the purpose of a 'stress test' in the context of mortgage lending?
What is the purpose of a 'stress test' in the context of mortgage lending?
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Which of the following best describes the role of a real estate appraiser?
Which of the following best describes the role of a real estate appraiser?
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What is the primary function of a mortgage creditor insurer?
What is the primary function of a mortgage creditor insurer?
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Until 1967, what factor predominantly limited banks' participation in the residential mortgage market in Ontario?
Until 1967, what factor predominantly limited banks' participation in the residential mortgage market in Ontario?
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Who employs a real estate salesperson?
Who employs a real estate salesperson?
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Who provides assistance with lender’s products, underwriting guidelines, etc, for real estate agents/brokers?
Who provides assistance with lender’s products, underwriting guidelines, etc, for real estate agents/brokers?
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What change to lending rules occurred in 1954?
What change to lending rules occurred in 1954?
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Who dominates the Canadian Mortgage Market?
Who dominates the Canadian Mortgage Market?
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Which of the following characterizes an employee rather than an independent contractor?
Which of the following characterizes an employee rather than an independent contractor?
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Which of the following is a characteristic of an independent contractor?
Which of the following is a characteristic of an independent contractor?
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Which of the following benefits is typically associated with using a mortgage agent?
Which of the following benefits is typically associated with using a mortgage agent?
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Why are the educational requirements for mortgage agents considered beneficial to borrowers?
Why are the educational requirements for mortgage agents considered beneficial to borrowers?
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What distinguishes a mortgage agent from an institutional mortgage originator?
What distinguishes a mortgage agent from an institutional mortgage originator?
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According to the context, what is the role of the Principal Broker within a mortgage brokerage?
According to the context, what is the role of the Principal Broker within a mortgage brokerage?
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What happens to a mortgage agent's license if they resign from a mortgage brokerage?
What happens to a mortgage agent's license if they resign from a mortgage brokerage?
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Which of the following best describes an institutional lender?
Which of the following best describes an institutional lender?
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Why might a private lender choose to invest in second mortgages?
Why might a private lender choose to invest in second mortgages?
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What is a 'mortgagor'?
What is a 'mortgagor'?
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In what scenario should a mortgage agent exercise significant due diligence?
In what scenario should a mortgage agent exercise significant due diligence?
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A Lender Business Development Manager (BDM) is responsible for what?
A Lender Business Development Manager (BDM) is responsible for what?
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Who pays the commission to a mortgage brokerage for their services?
Who pays the commission to a mortgage brokerage for their services?
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Which of these is NOT a way that an employee is paid?
Which of these is NOT a way that an employee is paid?
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What's the primary difference between private and institutional lenders when it comes to risk tolerance?
What's the primary difference between private and institutional lenders when it comes to risk tolerance?
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Which entity is responsible for the regulation of mortgage brokering practices within Ontario?
Which entity is responsible for the regulation of mortgage brokering practices within Ontario?
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Which legislation primarily dictates the operational guidelines for mortgage brokerages, lenders, and administrators in Ontario?
Which legislation primarily dictates the operational guidelines for mortgage brokerages, lenders, and administrators in Ontario?
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What additional capacity does a mortgage broker possess, contrasting with that of a mortgage agent?
What additional capacity does a mortgage broker possess, contrasting with that of a mortgage agent?
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Which activity aligns with the duties typically performed by a mortgage agent or broker?
Which activity aligns with the duties typically performed by a mortgage agent or broker?
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What differentiates a 'commission' from a 'brokerage fee' within the context of mortgage transactions?
What differentiates a 'commission' from a 'brokerage fee' within the context of mortgage transactions?
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What describes the primary distinction between a mortgage agent classified as an independent contractor versus one classified as an employee?
What describes the primary distinction between a mortgage agent classified as an independent contractor versus one classified as an employee?
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A mortgage brokerage wishes to compensate its agents based on volume of mortgages that they sell. Under the MBLAA what statement is most accurate?
A mortgage brokerage wishes to compensate its agents based on volume of mortgages that they sell. Under the MBLAA what statement is most accurate?
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A mortgage agent is advising a client on a mortgage renewal. What advice is prohibited under the Act?
A mortgage agent is advising a client on a mortgage renewal. What advice is prohibited under the Act?
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Flashcards
Regulator of mortgage brokering in Ontario
Regulator of mortgage brokering in Ontario
The Financial Services Regulatory Authority of Ontario (FSRA) oversees mortgage brokering.
Legislation for mortgage brokering
Legislation for mortgage brokering
The Mortgage Brokerages, Lenders and Administrators Act, 2006 (MBLAA) governs mortgage activities in Ontario.
Mortgage agent vs. broker
Mortgage agent vs. broker
A mortgage broker can supervise mortgage agents and act as the chief compliance officer.
Typical activities of a mortgage agent
Typical activities of a mortgage agent
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Commission vs. brokerage fee
Commission vs. brokerage fee
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Independent contractor
Independent contractor
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Principal broker role
Principal broker role
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Mortgage refinancing
Mortgage refinancing
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Real Estate Salesperson
Real Estate Salesperson
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Real Estate Appraiser
Real Estate Appraiser
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Home Inspector
Home Inspector
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Mortgage Default Insurer
Mortgage Default Insurer
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Land Surveyor
Land Surveyor
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Real Estate Lawyer
Real Estate Lawyer
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Mortgage Creditor Insurer
Mortgage Creditor Insurer
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Title Insurer
Title Insurer
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Mortgage Administrator
Mortgage Administrator
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Sub-prime Mortgage Market
Sub-prime Mortgage Market
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Stress Test
Stress Test
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Predominant Lender in Canada
Predominant Lender in Canada
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Bank Act Amendment 1967
Bank Act Amendment 1967
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Educational Requirements for Licensing
Educational Requirements for Licensing
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Employee Classification
Employee Classification
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Tools Supply
Tools Supply
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Control of Duties
Control of Duties
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Working Hours
Working Hours
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Benefits Package
Benefits Package
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Payment Structure
Payment Structure
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Payer's Expenses
Payer's Expenses
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Mortgage Brokerage
Mortgage Brokerage
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Principal Broker
Principal Broker
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Institutional Lender
Institutional Lender
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Private Lender
Private Lender
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Mortgagor
Mortgagor
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Institutional Mortgage Originator
Institutional Mortgage Originator
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Business Development Manager/Officer
Business Development Manager/Officer
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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
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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.