Chapter 2 Flashcards
What is the primary purpose of the SAFE Act?
To enhance consumer protection and reduce fraud by setting minimum standards for licensing and registration of state-licensed mortgage loan originators.
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What are the two organizations authorized under the SAFE Act?
The Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators (AARMR).
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What is the NMLSR, and what is its purpose?
The Nationwide Mortgage Licensing System and Registry; it provides a uniform system for licensing and tracking mortgage loan originators.
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What is the Model State Law in the SAFE Act?
A framework created by CSBS and AARMR to help states establish compliant licensing systems for mortgage loan originators.
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Name two objectives of the NMLSR.
1) Enhance consumer protections. 2) Provide uniform license applications and reporting requirements.
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What is the role of the Consumer Financial Protection Bureau (CFPB) in the SAFE Act?
The CFPB has rule-making authority and oversees the implementation of Regulation G and Regulation H.
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What are considered ‘administrative or clerical tasks’ in mortgage processing?
Tasks like receiving, collecting, or analyzing loan application information, provided they do not include offering or negotiating loan terms.
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What is the annual renewal period for MLO licenses?
November 1 through December 31.
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Define ‘mortgage loan originator’ (MLO).
An individual who takes a mortgage application and offers or negotiates terms for compensation or gain.
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What is a ‘nontraditional mortgage product’?
Any mortgage product other than a 30-year fixed-rate mortgage.
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What are the minimum requirements to obtain an MLO license?
Background check, 20 hours of pre-licensure education, passing the NMLS test with at least 75%, and meeting financial responsibility standards.
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How many hours of pre-licensing education are required, and what do they include?
20 hours, including 3 hours of federal law, 3 hours of ethics, 2 hours of nontraditional mortgage products, and 12 hours of general education.
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How many times can an individual retake the NMLS exam after failing?
Three consecutive times with a 30-day waiting period, after which they must wait six months.
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What is the minimum passing score for the NMLS exam?
75%.
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What is Temporary Authority to Operate?
It allows certain MLOs transitioning between states or from federally registered institutions to originate loans for up to 120 days while their application is processed.
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What must MLOs with Temporary Authority do to maintain eligibility?
Be continuously registered or licensed, with no disqualifying events such as license revocation or felony convictions.
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What continuing education is required for MLOs?
8 hours annually, including 3 hours of federal law, 2 hours of ethics, 2 hours on nontraditional mortgages, and 1 hour of general education.
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What is the Successive Year Rule for continuing education?
MLOs cannot retake the same course for credit in consecutive years.
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When do MLO licenses expire?
December 31 of the year they were issued.
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What is the penalty for a lapsed MLO license?
MLOs must complete late CE requirements before the license can be renewed.
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