Chapter 1 Laws Regulation Flashcards
Residential Mortgage Loan include which of the following?
A. Loan for a personal, family or household dwelling that’s secured by a mortgage or deed of trust and vacant land
B. Loan for a personal, family or household dwelling that’s secured by a mortgage or deed of trust and construction
C. Loan for a personal, family or household dwelling that’s secured by a mortgage or deed of trust only
D. Loan for a personal, family or household dwelling that’s secured by a lien
A
What is a HELOC is considered an A. PrimaryClosed-End Debt B. Secondary Closed-End Debt C. Primary Open-End Debt C. Secondary Open End Debt
Answer: C
A HELOC is an Open end Secondary Lien
A HEL is a A. PrimaryClosed-End Debt B. Secondary Closed-End Debt C. Primary Open-End Debt C. Secondary Open End Debt
Answer: B
A HEL is a closed end secondary lien
A borrower is entitled to request and obtain a copy of the HUD-1Settlement Statement how many days before closing? A. 1 B. 3 C. 5 D. 7
Answer D
The HUD-1 Settlement Statement itemizes the costs and disbursements tothe buyer and seller and must be made available, upon request by the borrower (for reverse mortgages) one business day prior to closing. The Closing Disclosure must be delivered three business days before closing.
The servicer has how many days to notify the borrower if the servicing rights have been sold and are being transferred to another company? A. 3 B. 5 C. 10 D. 15
Answer: D
According to RESPA, the loan servicer must notify the borrower 15 days before the effective date of the loan transfer.
How many days does a lender have after receipt of an application to notify the applicant of its action on the application? A. 10 B. 15 C. 30 D. 60
C
How many days does an applicant have after receipt of an adverse actionnotice to request a statement of reasons from the lender? A. 10 B. 15 C. 30 D. 60
D
Pay attention to applicant or MLO or lender
Which of the following must never be changed under any circumstances?
A. Loan origination charge, including processing and underwriting fees, Interest rate, state Local Taxes
B. Loan Origination charge, interest rate on an unlocked loan, appraisal
A
****You are working on a file referred to you by a realtor. The realtor calls you to see if there is going to be any problem getting the customer qualified. The realtor wants to know what the borrower’s credit scores are before presenting the offer.
The most appropriate course of action is to:
A. refer the realtor to the borrower.
B.never disclose a borrower’s information to a realtor.
C. obtain permission from the borrower to disclose the information.
D. tell the realtor the credit score.
A
****A borrower wants to purchase a 2nd home and tells you that they intend to rent the property out when they are not living in it. You have reviewed their financial information and realize that the borrower would qualify for financing if the property is classified as a2nd residence. However, if the property is classified as an investment property, the borrower is unlikely to qualify. What should you do?
A. Classify the property as a rental property even though the borrower intends to reside there part of the year.
B. Classify the property as a 2nd residence; since the borrower intends to use the property for part of the year, this is acceptable.
C. Classify the property as a 2nd residence because it is not legal for the borrower to
personally reside in a property classified as a rental for any length of time.
D. Deny the borrower because it is neither legal to rent out a 2nd residence or reside in a rental property for any length of time.
A
****What kind of authority does the Consumer Financial Protection Bureau have:
A. None
B. Limited authority subject to the regulators of the Federal Reserve
C. Rule making and enforcement authority over many consumer financial laws
D. Unlimited power over all federally insured financial institutions
C
Which of the following would qualify for a qualified mortgage?
A. positive amortization, maximum 30-year loan term, 3percent cap on fees, interest-only mortgages
B. Negative amortization, maximum 30-year loan term, 3percent cap on fees, no balloon or interest-only mortgages
C. positive amortization, maximum 30-year loan term, 3.5% cap on fees, no balloon or interest-only mortgages
D. positive amortization, maximum 30-year loan term, 3% cap on fees, no balloon or interest-only mortgages
answer D.
Facts about QM
(positive amortization, maximum 30-year loan term, 3percent cap on fees, no balloon or interest-only mortgages
The rule defines small creditors as businesses with less than $2
billion in assets and fewer than 500 closed-end, first-lien residentialmortgages in the previous year is defined by which of the following
A. FHA
B. QM ATR
C. RHS
D. Fannie Mae
Answer: QM loan Small Creditor Exception
Which of the following is allowed to originate balloon mortgages in rural or under-served areas and not sell loan weighing three years if made by small creditors. A. TIlA B. RESPA C. QM D. Conventional
C
According to Qualified Mortgages, which of the following is True?
A. No Balloon Payments under any circumstances
B. Can originate balloon mortgages in rural or under-served areas and not sell loan within three years if made by small creditors.
C. Can originate balloon mortgages in rural or under-served areas if the creditor is a major depository institution.
D. Only if the loan is made with good faith
B
According to ATR, how long must customer file be kept? A. 2 Years B. 3 Years C. 5 years D. 25 Months
B
What do ability to pay cover?
A. closed end, Primary and Investment Property
B. Closed End, Residential, Open and Money Mortgage
C. Closed End, Refinance. HELOC, and Money Mortgage
D. Closed End, Secondary Lien, Jumbo Loans
A
What is exempt from ability to repay rule?
A. Home Equity, Reverse Mortgages, Construction Loan. Commercial Loan and money Mortgages
B. Home Equity, Refinance Mortgages, Construction Loan and vacant land, and timeshare
C. Home Equity, Reverse Mortgages, Construction Loan and vacant land, and timeshare
D. Home Equity, Reverse Mortgages, Construction Loan and vacant land, and Money Mortgage
Answer: C
The ability to repay exempts the following
Home Equity, Reverse Mortgages, Construction Loan and vacant land, and timeshare
What is the thing that Loan originator not allowed to say to those who is getting an interest only loan?
A. You will pay off your principal in five years
NA
What type of disclosure do you give to a loan with no land? A. No disclosure needed B. TILA Disclosures C. LE and CD D. GFE
Answer: B. A home such as mobile home not attached to land is called a chattel nd covered by the TILA Disclosures
***What is the best case scenario of a mortgage process ABC Broker mortgage the loan, XYZ company funds and services it
NA
**Qualified Mortgage (QM)- LO can be protected by safe harbor if loan is a QM and
A. Income verified and documented
B. No negative amortization or allowing deferred principal payments
C. No balloon payment (except for rural area)
D. Construction Loan
A
***which is true of subordinate liens A. second mortgage loans often carry higher interest rates than first mortgage loans. B. Longer term than primary C. Shorter term than primary D. Paid off sooner than the primary loan
Answer A.
Subordinate loans have higher interest rate and paid after the primary loan
What is the punitive charges for failure to comply with ECOA?
A. $10,000 in individual actions and the lesser of $500,000 or 1 percent of the MLO net worth in class actions.
B. $10,000 in individual actions and one year in jail.
C. 1,000 and/or 30,000 year in jail
D. $10,000 in individual actions and the lesser of $500,000 or 1 percent of thecreditor’s net worth in class actions.
Answer D $10,000 in individual actions and the lesser of $500,000 or 1 percent of thecreditor’s net worth in class actions.
Which of the following allows the lender to collect anadditional 2 months of escrow payments to act as a cushion? A. TIlA B. RESPA C. HPML D. HOEPA
B
Which of the following requires maintain eacrow account for property tax and hazard insurance on principal residencies for five years? A. TIlA B. RESPA C. HPML D. HOEPA
C
Which of the following is True of HPML?
A. Flipping Homes are allowed
B. Are considered qualified mortgage
C. Borrowers must receive homeownership counseling from aHUD-approved counselor.
D. Refinancing a higher-priced mortgage may result in a higherbalance, balloon payments or negative amortization.
Answer: A
An additional appraisal is required if the purchase is a “flipped”
home. Flips are defined as resells within 90 days with seller
paying a minimum 10 percent price increase, or resells within
the past 91-180 days with seller paying a minimum 20 percentprice increase.
QM needs to meet certain parameters- a covered transaction is not a qualified mortgage if the transaction’s total points and fees exceed: 3 Percent of the total loan amount for a loan amount greater than or equal to $100,000
Home ownership counseling is for High Cost Loans
Which of the following is true of a high cost loan?
A. Information Booklet Needed
B. Interest Rate Increase If default
C. Borrowers must have a documented ability to repay the loan prior to funding.
D. It is a QM Loan
C
What type of balloon mortgage is allowed in a HOEPA loan? A. Short term bridge loans B. Interest Only Loan C. Long Term Balloons D. None of the above
A
What type of loan is exempt from HOEPA?
A. Refinance, Government, New construction, investment
B. Reverse, Government, New construction, investment
C. Refinance , Government, Residential, investment
D. Reverse, Residential, New construction, investment
B
HOEPA exempts, Reverse Mortgages, Governmental Mortgages, Investment and new construction
All of the following loans are covered by HOEPA except: A. Purchase Money B. Home Equity C. Refinances D. Reverse Mortgages
D
HOEPA covers Purchase Money Mortgage, HEL, and Refinance loan
What type of balloon mortgage is allowed in a HOEPA loan? A. Short term bridge loans B. Interest Only Loan C. Long Term Balloons D. None of the above
A
The HUD-1/Closing Disclosure is not required if? A. Borrower has no closing cost B. If it’s a reverse mortgage C. If the consumer rescinds the offer D. If there is no appraisals
Answer: A
The HUD-1/Closing Disclosure isnot required if the borrower has no closing costs.
HUD-1 is used for what type of mortgage? a. Refinance B. Reverse C. ARMs D. QM
B
What type of disclosure is the HUD-1? A. Application disclosure B. Pre-Settlement C. Settlement D. Post- Settlement
B
When must the The initial Closing Disclosure must be received? A. Three business days after application B. Three business days before closing. C. At Closing D. At time of appraisal
B
The HUD-1/Closing Disclosure is not required if? A. Borrower has no closing cost B. If it’s a reverse mortgage C. If the consumer rescinds the offer D. If there is no appraisals
Answer: A
The HUD-1/Closing Disclosure isnot required if the borrower has no closing costs.
HUD-1 is used for what type of mortgage? a. Refinance B. Reverse and all 1-4 unit residential property C. ARMs D. QM
B
The HUD-1 Settlement Statement/Closing Disclosure is required to be usedas the standard real estate settlement form in all transactions in the United States that involve federally-related mortgage loans and have closing costs for the borrower.
What type of disclosure is the HUD-1? A. Application disclosure B. Pre-Settlement C. Settlement D. Post- Settlement
B
The HUD-1 Settlement Statement/Closing Disclosure is required to be used as the standard real estate settlement form in all transactions in the United States that involve federally-related mortgage loans and have closing costs for the borrower.
When must the the initial Closing Disclosure must be received? A. Three business days after application B. Three business days before closing. C. At Closing D. At time of appraisal
B. At least three business days before closing.
Which are two forms of settlement disclosure? A. HUD-1 and ABA B. Final HUD-1 and ABA C. Final HUD-1/CD and Initial Escrow D. Initial HUD-1 and Initial Escrow
C
Answer C
RESPA requires two disclosures that must be given at settlement: Final HUD-1 Settlement (if the borrower has closing costs for reverse mortgages)or the Closing Disclosure, and the Initial Escrow Statement, which may be given shortly after closing.
What disclosure does the borrower receives an at the closing or within 45 days after closing that estimates the first-year escrow payment for property taxes and homeowner’s insurance? A. Initial Escrow Statement B. Final Escrow Statement C. Service Transfer Disclosure D. HUD-1 Disclosure
A. Initial Escrow Statement
What information must included in the Service Transfer? A. Loan Application Disclosures B. Pre-Settlement Disclosures C. Settlement Disclosure D. Post Settlement Disclosure
D
Which of the following has a grace period of 60 days payment before being penalized? A. Initial Escrow Statement B. Final Escrow Statement C. Service Transfer Disclosure D. HUD-1 Disclosure
Answer: C
Borrowers can’t be penalized for non-payment if they continued tomake payments to the prior servicer; this grace period expires after60 days.
Which of the following is part of a post settlement statement? A. HUD-1 and ABA B. Final HUD-1 and Initial Escrow C. Service Transfer and Annual Escrow D. Final HUD-1 and Annual Escrow
C
What is the difference between the GFE and LE?
A. LE contains Finance Charges and Terms
B. GFE contains Finance Charges and Terms
C. LE contains expiration dates for aninterest rate lock
D. GFE contains expiration dates for aninterest rate lock
A
Which of the following is true of loan revisions?
A. It’s only allowed in an LE under the right circumstances
B. It’s only allowed on GFE under right circumstances
C. It’s allowed on both GFE and LE under the right circumstances
D. It’s neither allowed for GFE nor LE
C
A borrower is in the process of a loan application and got fired, what should the MLO do?
A. Offer to revise GFE/LE
B. Offer to use the same comps if it’s less than 60 days since the applicant got fired
C. Offer to talk to the lender
D. Reject the loan
A
The applicant and MLO is almost complete with the LE when the MLO notices that there is an increase in the interest rate. What should an MLO do?
A. With the borrower permission, revise the loan estimate and increase the closing cost on an unlocked loan
B. With the borrower permission, revise the loan estimate and increase the closing cost on an locked loan
C. With the lenders approval, With the borrower permission, revise the loan estimate and increase the closing cost on an unlocked loan
D. With the lenders approval, With the borrower permission, revise the loan estimate and increase the closing cost on a locked loan
A
The loan estimate is done but new information came out which shows that the house was a flooded unit. What should the MLO required to do?
A. Continue with the process and address later
B. Notify the CFPB
C. Ask the Realtor to negotiate the price down
D. Do an estimate revision
D
The loan estimate is done but new information came out which shows that the house was a flooded unit. What should the MLO required to do?
A. Continue with the process and address later
B. Notify the CFPB
C. Ask the Realtor to negotiate the price down
D. Do an estimate revision
D
Which of the following is eligible for a revised LE?
A. Consumer waits more than 10 business days to indicate an Intent to proceed
B. If the interest increase on a Locked Loan
C. If the consumer hired their own appraiser
D. If the lender retracts loan
A
Which of the following is eligible for a revised LE?
A. Settlement is delayed more than 10 calendar days for a new
construction loan if the original Loan Estimate includes thestatement that the estimate can be revised for this reason.
B. Settlement is delayed more than 60 calendar days for a
Residential loan if the original Loan Estimate includes thestatement that the estimate can be revised for this reason.
C. Settlement is delayed more than 30 calendar days for a new
construction loan if the original Loan Estimate.
D. Settlement is delayed more than 60 calendar days for a new
construction loan if the original Loan Estimate includes thestatement that the estimate can be revised for this reason.
D
When should a revised loan estimate be received?
A. Received 3 business days before loan consummation and mailed 7 days prior to consummation
B. Received 3 business days before loan consummation and mailed 10 days prior to consummation
C. Received 4 business days before loan consummation and mailed 7 days prior to consummation
D. Received 4 business days before loan consummation and mailed 10 days prior to consummation
C
An applicant is applying for a reverse mortgage, which form should the MLO use? A. LE/HUD-1 B. GFE/HUD-1 C. LE/Initial Escrow GFE/Initial Escrow
Answer B
GFE/HUD-1 are used for reverse mortgages.
Which of the following have zero tolerance variances? A. Loan originator and interest rate B. Credit Report, Recording Fees C. Title Insurance D. Hazard Insurance
A
Real estate transfer taxes, creditor’s or mortgage broker’s charges for its own services (loan origination fees and interest rate),
charges for services provided by an affiliate of the creditor or
mortgage broker, and charges for services for which the
creditor or mortgage broker does not permit the consumer to
shop for (credit report, appraisal) have zero variance. They
must be identical on the Loan Estimate and Closing
Disclosure.
Which of the following if recommended by lender can have a 10% Tolernce fee.
A. Loan Origination, Interest, Title
B. Credit Report, Appraisal, Recording, Title if recommended
C. Hazard, Title and Appraisal
D. Hazard, TItle, Pre-Paid mortgage Interest
B
Fees that the lender chooses or identifies (government recordingfees, and title insurance if selected or “recommended” by the
lender) can’t vary on the two documents by more than 10
percent.
Which of the following have no limit on variance/Tolernce fee.
A. Loan Origination, Interest, Title
B. Credit Report, Appraisal, Recording, Title if recommended
C. Credit Report, Appraisal
D. Hazard, TItle, Pre-Paid mortgage Interest
D
Fees for services that the owner chooses for themselves (hazardinsurance or title insurance if the homeowner doesn’t chooseone of the lender-identified selections) and fees that are paid per diem (pre-paid mortgage interest) have no limit on the acceptable amount of variance between the estimates and theclosing statement.
How many days does lenders have to refund refund any excessive variance between the GFE and the HUD-1? A. 30 days B. 60 C. 90 D. 120
Answer: B
Lenders have 30 days to refund any excessive variance between the GFE and the HUD-1.
Which fees can be adjusted with no tolerance?
A. Loan Origination, Interest, Title
B. Credit Report, Appraisal, Recording, Title if recommended
C. Processing Fee
D. Hazard, TItle, Pre-Paid mortgage Interest
Answer D
Hazard Insurance, Title Insurance. Pre paid mortgage or per diem
How many days does lenders have to refund any excessive variance between theLoan Estimate and the Closing Disclosure? A. 30 B. 60 C. 90 D. 120
B
The 60 days does lenders have to refund any excessive variance between
A. Final HUD-1 and GMP
B. GFE and HUD-1
C. GFE and Appraisal
D. Loan Estimate and the Closing Disclosure
D
The 30 days does lenders have to refund any excessive variance between
A. Final HUD-1 and GMP
B. GFE and HUD-1
C. GFE and Appraisal
D. Loan Estimate and the Closing Disclosure
B
Which of the following is true of CD?
A. Sellers are permitted to see only cost and credits on their CD.
B. MLO are permitted to see only cost and credits on their CD.
C. Lenders are permitted to see only cost and credits on their CD.
D. Appraiser are permitted to see only cost and credits on their CD.
A
Which of the following is true of CD?
A. there is no 3-business-day-receipt requirement for MLO
B. there is no 3-business-day-receipt requirement for sellers.
C. There is no 3-business-day-receipt requirement for lenders
D. None of the above
B