Affinity Video / Artricia Woods Flashcards
What is ECOA?
- The Equal Credit Opportunity Act / Regulation B
- This law is regarding discrimination on credit applications
- Lenders/Creditors must extend credit in a fair and equal way. They have to B equal
What is HMDA?
- Home Mortgage Disclosure Act / Regulation C
- The law that allows regulators to see (C) where possible discrimination takes place
- Found on Section 10 (X) of the 1003 LA
What is RESPA?
-The Real Estate Settlement and Procedures Act / Regulation X (REXPA)
-The purpose of RESPA is to become better shoppers for settlement services
-Deals with 1-4 unit residential property only
-Penalty: 10,000 and up to 1 Year in Jail
Section 6: Mortgage Servicers and Servicing Abuses
Section 8: Kickback, Referral Fees, Fee Splitting, Unearned Fees
SEction 9: Title Insurance
Section 10: Escrow Accounts
-RESPA deals with timing on disclosures sent
What is TILA?
- Truth in Lending Act / Regulation Z (Godzilla)
- Deals with credit, APR, and advertising of consumer loans
- Requires lenders to disclose the complete cost of credit (All costs, Total Interest Paid)
- The 3-Day Right of Rescission Rule (For Helocs and Refinance NOT Purchase)
- MDIA Act/373 Rule
- Qualified Mortgages
- The ATR Rule
- HOEPA
What is HPA?
- Homeowner’s Protection Act
- Deals with PMI not MIP (FHA)
- PMI protects the lender not the borrower
What is HOEPA?
- Homeownership Equity Protection Act / Regulation Z
- Section 32:High Cost Loan
- Section 35: High Price Loan
- Part of TILA / Regulation Z
What is the SAFE Act?
- Secure and Fair Enforcement Act / Regulation H
- Mandates a nationwide licensing and registration system for residential mortgage loan originators (MLOs).
What is HERA?
- Home Economic Recovery Act
- The law that created the SAFE Act
What is FCRA?
- Fair Credit Reporting Act / Regulation V
- Deals with credit reports and CRAs
What is FACTA?
- Fair and Accurate Credit Transaction Act / Regulation
- Deals with identity theft
- Red Flag Rules (Section 114)
- This is an Amendment to FCRA
What is GLBA?
- Graham Leech Bliley Act / Regulation P
- Deals with protecting consumer financial info
- SPF (Safeguarding, Pretensing, Financial Privacy)
- The Do-Not-Call List
What is an Affiliated Business Arrangement Disclosure?
- Disclosure to be told to customer regarding affiliated business arrangement
- If you have 1% or more ownership in the business referral you must let them know
- The disclosure must be made immediately
What is the answer regarding questions on the exam regarding the Civil Rights Act?
-The answer is always about race
What is the CFPB?
- The Consumer Financial Protection Bureau
- The two laws that created the CFPB -> The Dodd Frank Act and The Consumer Protection Act
- The new sheriff in town that regulates HUD, FTC, FDIC (any entity that deals with the money and banking) *not the Fair Housing Act
What 6 items make a complete application?
- Borrower’s Name
- Social Security Number
- Monthly Income
- Property Address
- Loan Amount
- Appraised Value
What are all the initial disclosures sent by the lender once the application is complete?
- Loan Estimate (TILA Document but RESPA = Timing)
- Homeloan Toolkit (Purchases Only)
- Mortgage Servicing Disclosure Statement
- List of HUD Counselors
- Must be sent within 3 Days of Application - Unless the app was withdrawn or declined within 3 days*
What are disclosures sent before doc signing/settlement?
-Closing Disclosure (TILA Document but RESPA = Timing)
What disclosures are sent at settlement/doc signing?
-Closing Disclosure (TILA Document but RESPA = Timing)
What disclosures are sent after settlement/doc signing?
- Annual Escrow Statement
- Servicing Transfer Statement
How long is the loan estimate good for?
10 Days
Information about the rate lock is found on what closing disclosure?
-Loan Estimate
In what instance would you get a new closing disclosure and have to wait a new 3 day period?
- Change in APR (1/8 or 1/4 change)
- Change in Loan Product
- Addition of Prepayment Penalty
Under TILA, If one borrower wants to exercise their right of rescission can the loan be cancelled. Or must it be a unanimous decision?
One borrower can cancel the entire loan. It does not need to be a unanimous decision.
How many installments of payment is needed for TILA to kick in and for disclosures that need to be made?
More than 4 installment payments (e.g. car notes, homes etc.)