Chapter 2 Flashcards

1
Q

What is the primary purpose of the SAFE Act?

A

To enhance consumer protection and reduce fraud by setting minimum standards for licensing and registration of state-licensed mortgage loan originators.

Chapter 2, p. 74

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2
Q

What are the two organizations authorized under the SAFE Act?

A

The Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators (AARMR).

Chapter 2, p. 74

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3
Q

What is the NMLSR, and what is its purpose?

A

The Nationwide Mortgage Licensing System and Registry; it provides a uniform system for licensing and tracking mortgage loan originators.

Chapter 2, p. 74

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4
Q

What is the Model State Law in the SAFE Act?

A

A framework created by CSBS and AARMR to help states establish compliant licensing systems for mortgage loan originators.

Chapter 2, p. 74

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5
Q

Name two objectives of the NMLSR.

A

1) Enhance consumer protections. 2) Provide uniform license applications and reporting requirements.

Chapter 2, p. 75

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6
Q

What is the role of the Consumer Financial Protection Bureau (CFPB) in the SAFE Act?

A

The CFPB has rule-making authority and oversees the implementation of Regulation G and Regulation H.

Chapter 2, p. 76

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7
Q

What are considered ‘administrative or clerical tasks’ in mortgage processing?

A

Tasks like receiving, collecting, or analyzing loan application information, provided they do not include offering or negotiating loan terms.

Chapter 2, p. 76

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8
Q

What is the annual renewal period for MLO licenses?

A

November 1 through December 31.

Chapter 2, p. 76

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9
Q

Define ‘mortgage loan originator’ (MLO).

A

An individual who takes a mortgage application and offers or negotiates terms for compensation or gain.

Chapter 2, p. 77

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10
Q

What is a ‘nontraditional mortgage product’?

A

Any mortgage product other than a 30-year fixed-rate mortgage.

Chapter 2, p. 77

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11
Q

What are the minimum requirements to obtain an MLO license?

A

Background check, 20 hours of pre-licensure education, passing the NMLS test with at least 75%, and meeting financial responsibility standards.

Chapter 2, p. 82

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12
Q

How many hours of pre-licensing education are required, and what do they include?

A

20 hours, including 3 hours of federal law, 3 hours of ethics, 2 hours of nontraditional mortgage products, and 12 hours of general education.

Chapter 2, p. 82

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13
Q

How many times can an individual retake the NMLS exam after failing?

A

Three consecutive times with a 30-day waiting period, after which they must wait six months.

Chapter 2, p. 82

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14
Q

What is the minimum passing score for the NMLS exam?

A

75%.

Chapter 2, p. 82

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15
Q

What is Temporary Authority to Operate?

A

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.

Chapter 2, p. 83

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16
Q

What must MLOs with Temporary Authority do to maintain eligibility?

A

Be continuously registered or licensed, with no disqualifying events such as license revocation or felony convictions.

Chapter 2, p. 83

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17
Q

What continuing education is required for MLOs?

A

8 hours annually, including 3 hours of federal law, 2 hours of ethics, 2 hours on nontraditional mortgages, and 1 hour of general education.

Chapter 2, p. 84

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18
Q

What is the Successive Year Rule for continuing education?

A

MLOs cannot retake the same course for credit in consecutive years.

Chapter 2, p. 84

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19
Q

When do MLO licenses expire?

A

December 31 of the year they were issued.

Chapter 2, p. 84

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20
Q

What is the penalty for a lapsed MLO license?

A

MLOs must complete late CE requirements before the license can be renewed.

Chapter 2, p. 84

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21
Q

What is the Mortgage Call Report (MCR)?

A

A report submitted to the NMLS that provides information on the financial condition and loan activity of licensees.

Chapter 2, p. 85

22
Q

What are the two components of the Standard MCR?

A

1) Residential Mortgage Loan Activity (RMLA) and 2) Financial Condition (FC).

Chapter 2, p. 85

23
Q

When is the Residential Mortgage Loan Activity (RMLA) report due?

A

Quarterly, within 45 days of the end of each calendar quarter.

Chapter 2, p. 85

24
Q

What information must be included in MLO advertising?

A

The MLO’s unique identifier.

Chapter 2, p. 86

25
Q

What are prohibited acts under the SAFE Act?

A

Fraud, misrepresentation, deceptive practices, failing to disclose required information, and influencing appraisers.

Chapter 2, p. 86

26
Q

What is the maximum civil penalty for violating the SAFE Act?

A

$25,000 per violation.

Chapter 2, p. 88

27
Q

What is the role of the CFPB under the SAFE Act?

A

The CFPB has backup authority to establish and maintain the licensing system if the NMLS fails to meet requirements.

Chapter 2, p. 88

28
Q

What is the Bureau’s authority regarding loan originator records?

A

The Bureau can examine records, summon individuals, and conduct investigations to ensure compliance.

Chapter 2, p. 88

29
Q

What is required for an independent contractor loan processor to operate legally?

A

They must be licensed as an MLO.

Chapter 2, p. 81

30
Q

What defines financial irresponsibility under the SAFE Act?

A

Outstanding judgments (excluding medical), tax liens, foreclosures, or a pattern of seriously delinquent accounts within three years.

Chapter 2, p. 82

31
Q

What is the NMLSR’s role in MLO background checks?

A

It processes fingerprints for national and state criminal history checks.

Chapter 2, p. 75

32
Q

What is the penalty for operating without an MLO license?

A

Civil and criminal penalties, including fines and potential imprisonment.

Chapter 2, p. 86

33
Q

What is an Immediate Family Member under the SAFE Act?

A

A spouse, child, sibling, parent, grandparent, or grandchild, including step and adoptive relationships.

Chapter 2, p. 77

34
Q

What is the definition of a Residential Mortgage Loan?

A

A loan for personal, family, or household use secured by a dwelling or residential real estate.

Chapter 2, p. 77

35
Q

What are the licensing requirements for supervised loan processors?

A

They are not required to be licensed if they work under a licensed MLO.

Chapter 2, p. 81

36
Q

What is required for an MLO license renewal?

A

Meeting minimum standards, completing continuing education, and updating registration information.

Chapter 2, p. 84

37
Q

What is the annual reporting requirement for the Financial Condition (FC) component of the MCR?

A

It must be submitted within 90 days of the fiscal year-end.

Chapter 2, p. 85

38
Q

What actions can a state take against MLOs violating the SAFE Act?

A

Deny, suspend, revoke, or condition licenses; impose fines; and issue cease-and-desist orders.

Chapter 2, p. 88

39
Q

What is the purpose of the unique identifier assigned by the NMLSR?

A

To facilitate electronic tracking and provide public access to MLO history and disciplinary actions.

Chapter 2, p. 77

40
Q

What is a Covered Financial Institution under Regulation G?

A

Any federally insured bank, credit union, or Farm Credit System institution.

Chapter 2, p. 77

41
Q

What is a Licensed Not Required scenario?

A

Employees involved only in timeshare plans, supervised clerical tasks, or nonprofit MLO activities.

Chapter 2, p. 81

42
Q

What are prohibited compensation practices for MLOs?

A

Dual compensation and steering borrowers to less favorable terms for higher commissions.

Chapter 2, p. 86

43
Q

How often must MLOs update registration information?

A

Within 30 days of any changes.

Chapter 2, p. 84

44
Q

What defines a break in service for Temporary Authority?

A

A period exceeding 14 calendar days.

Chapter 2, p. 83

45
Q

What is the penalty for influencing appraisers under the SAFE Act?

A

Civil and criminal penalties, including fines up to $25,000.

Chapter 2, p. 86

46
Q

What is the role of the Mortgage Call Report (MCR) in state supervision?

A

It aids state regulators in monitoring compliance and scheduling examinations.

Chapter 2, p. 85

47
Q

What actions require MLO license suspension?

A

Violations of state or federal law, or misrepresentation in license applications.

Chapter 2, p. 88

48
Q

What must MLOs do before advertising specific loan terms?

A

Ensure the terms are actually available at the time of the advertisement.

Chapter 2, p. 86

49
Q

What happens if an MLO license is revoked?

A

The individual cannot be licensed in any jurisdiction unless the revocation is formally vacated.

Chapter 2, p. 82

50
Q

What are examples of financial irresponsibility that disqualify an MLO?

A

Foreclosures, tax liens, or delinquent accounts within the past three years.

Chapter 2, p. 82