5 Questions
How long must all files be kept, according to the regulatory requirements?
Five years from their closure
What is the primary purpose of a mortgage brokerage contract?
To record the client's needs and financial situation
Which of the following is NOT a mandatory disclosure in the brokerage contract?
Loan approval process
Why must the mortgage broker mention why the file was not sent to a lender?
To maintain accurate and complete record keeping
What is the purpose of Chapter 6 of manual F-116?
To outline the regulatory requirements for mortgage files
Study Notes
Role of the Mortgage Broker
- The mortgage broker advises borrowers on preparing, presenting, approving, and accepting mortgage loan applications, ensuring a smooth process and offering solutions that meet their needs.
Maintaining the Mortgage File
- The mortgage broker is responsible for keeping each client's file up to date, recording all documents concerning the client.
- A separate file is kept for each mortgage loan application, even for the same client.
- The file includes documents sent to the lender, written communications between the broker and borrower, product justification, loan application, and lender's response.
- The broker must validate documentation as often as possible with originals and ensure consistency with the borrower's information.
- The file must be accessible to the responsible manager of the mortgage brokerage firm.
- All files, funded or not, must be kept for five years from their closure.
Regulatory Requirements
- Chapter 6 of manual F-116 explains the regulatory requirements for maintaining mortgage files.
- The Authority regularly inspects and verifies the conformity of the files, providing warnings or sanctions in case of defects.
Brokerage Contract or Requirements Document
- Mortgage brokerage firms must comply with written consent and disclosure requirements provided by the Act respecting the distribution of financial products and services (LDPSF).
- The brokerage contract or written document aims to record client information, disclose broker obligations, and obtain client consent.
- The contract or document must include mandatory disclosures regarding compensation, commission sharing, number of lenders, and complaint handling policy.
- The client's consent is required for requesting personal credit information, sending a mortgage loan application to a lender, and transmitting personal information to a third party.
Learn about the responsibilities of a mortgage broker, including preparing and presenting mortgage loan applications and maintaining client files.
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