Acts Flashcards
Which is NOT regulated by TILA?
- Appraisal requirements for higher-priced mort loans (HPMLS)
- Loan Originator Compensation
- Interest Rate Limits
- Disclosure of Credit Terms to Consumers
Interest Rate Limits
These are the subject matter of state usury laws
How many days does a loan originator have to deliver the Loan Estimate Disclosure after accepting the loan app?
- 3 calendar days
- 3 business days
- 2 business days
- 4 calendar days
Must be delivered or mailed within 3 business days
These are days of the week a business is open to the public (not necessarily mon-fri)
The Truth in Lending Act is implemented by:
- Congress
- The Federal Home Loan Bank System
- Regulation Z
- HUD
The Federal Reserve Board’s Regulation Z implements the Truth in Lending Act
Which of the following disclosures are to be used after Oct 3, 2015?
- Loan Estimate
- Good Faith Estimate
- Truth in Lending Disclosure
- HUD-1 Settlement Statement
The CFPB Loan Estimate and Closing Disclosure
TILA requires lenders to:
- restrict kick-backs and other compensation for loan services
- use a simplified form to disclose loan terms to borrowers
- disclose APR, finance charges, and credit terms to consumers
- Compare their rates with other lenders’ loan terms/conditions
TILA was enacted in 1962
C.
Requires a lender to provide the consumer with informed use of credit info by requiring the disclosure of credit terms. It also requires the cost of credit calculations by setting forth the annual percentage rate and finance charge. It also required the disclosure of a projected payment schedule that would allow a consumer to compare pricing among competing lenders.
Which one of the following is NOT one of the reasons why the CFPB replaced the old disclosures with the new TILA-RESPA Integrated forms?
- Allows for hidden fees to be disclosed after a loan closing
- Improve consumer understanding of mortgage loan terms
- Aid the consumer to do comparison shopping between lenders
- The forms are easier to use for both consumers and loan originators
A.
The goals of the new rule are to provide easier-to-use mortgage disclosure forms, improve consumer understanding, aid comparison shopping, and prevent surprises at the closing table
The Closing disclosure must be given to the borrowers at least 3 business days before loan _______.
- Shopping
- Underwriting
- Consummation
- Application
Loan Consummation
If a loan app is taken in-person by a loan originator, the RESPA Servicing Disclosure Statement must be:
- hand delivered to the applicant at that time
- read aloud to the applicant, and then confirmed again at the time of servicing
- mailed to the applicant within 3 business days
- Filled out and then given to the applicant at the time of settlement
A.
Which of the following parties does NOT receive a copy of the Closing Disclosure?
- Borrower
- Lender
- Seller
- Appraiser
D.
A borrower can use the Closing Disclosure to compare it to the Loan Estimate (LE) in order to:
- look for settlement cost tolerance violations.
- verify that the borrower is purchasing the correct property
- search for the undocumented Affiliated business arrangements
- ensuere that the settlement charges on the LE are exactly the same as the CD
A.
Under RESPA, how long can a borrower continue to make loan payments without penalty to the old servicer if the borrower’s loan has been transferred to a new servicer?
-15 days
-4 weeks
60 days
-45 days
As long as timely payments are made to the old servicer
within 60 days of the transfer
The RESPA Initial Escrow Account Statement will show the borrower an estimation of taxes, insurance premiums and other charges taht are expected to be paid from the escrow account during:
-the first 12 months of the loan
-years 5, 10, 15, 20, and 25
-the initial 45 days of servicing
the entire term of the loan
A.
Regarding the RESPA-required disclosures, if a lender denies a borrower’s loan app within 3 business days of receiving it, the lender:
- is not required to provide the disclosure documents
- can report the app denial to HUD for govt monitoring purposes
- only has to deliver the Special Information Booklet
- must mail the disclosures
A.
Which of the following disclosures must be given to the borrower at the time of loan settlement?
- Copy of borrowers loan app
- Servicing Transfer Statement
- The Initial Escrow Settlement Statement
- The Loan Estimate
C.
According to RESPA, which one of the following is a settlement service?
- Offering a prize to those who refer business
- Sharing the appraisal fee with the lender who ordered the appraisal
- taking a loan app
- Providing Auto Insurance
C.
Settlement services include taking the loan app, loan processing/underwriting, and funding
A and B are prohibited RESPA
All the following are characteristics of a Qualified Mortgage (QM) except:
- Current debt obligations for alimony and child support are considered
- total points cannot exceed 3%
- loan term must be at least 45 years
- regular periodic payments must be substantially equal in amount
A QM has regular periodic payments, a loan term not over 30 years, considers current debt obligations and total points and fees do not exceed 3%
C.
In determining whether a borrower has the ability to repay, the lender must use all the following UW criteria EXCEPT:
- credit history
- the monthly payment of the subject loan
- marital status
- current employment status
C.
A lender can consider income factors such as employment, debt obligations, and credit history
Creditors are to retain records that evidence compliance with the Ability-to-Repay rules for:
3 years
7 years
1 year
5 years
A.
The ATR/QM rules require a loan originator to retain evidence of compliance with the rules, including the prepayment penalty limitations, for 3 years after loan consummation
The UW factor of “mortgage related obligations” for calculating a borrower’s ATR includes all of the following EXCEPT:
HOA dues
Property Taxes
Average Monthly Utilities
Ground Rent
C.
Mortgage related obligations also include:
insurance premiums
lease payments
A General QM requires that the DTI ratio not exceed
36%
40%
43%
48%
C.
43%
The final rules relating to ATR encourage:
- creditors to refinance non-standard mortgages and convert them to standard
- creditors to refinance standard mortgages and convert them to non-standard
- the use of non-standard mortgages
- the use of both standard and non-standard
A.
Which of the following loan features qualifies a loan as a Qualified Mortgage?
IO payments
Negative Am
No Docs Required
Equal Monthly Payments
D.
Which of the following is one of the eight required UW factors under ATR rules?
LTV ratio
Status of the property
Credit History
Marital Status
C.
The 8 UW Factors are:
1 Current or reasonably expected income or assets
2 Current employment status
3 monthly payment on any simultaneous loan
4 monthly payment on the covered transaction
5 the monthly payment for mortgage related obligations
6 Current debt obligations, alimony and child support
7 monthly DTI ratio or residual income
8 Credit history
When determining the ability to repay with respect to ARMS, Monthly payments for underwriting purposes must be calculated by using:
- the introductory rate only
- the fully indexed rate or an introductory rate, the lesser
- the average rate over the life of the loan
- the fully indexed rate or introductory rate, the higher
For underwriting purposes the monthly payment for Adjustable Rate Mortgages must be calculated using the fully indexed rate or an introductory rate whichever is higher
D.