☑️ Chapter 7: Federal & Financial Disclosure Laws Flashcards
Federal Disclosure Laws:
The ______ Act of 1974 (RESPA) (12 U.S.C. $2601 et seq.) became effective June 20, 1975. The U.S. Department of Housing and Urban Development (HUD) promulgated Regulation ______, which is now enforced and interpreted by the _______.
The primary purpose of RESPA is to _________ and to eliminate unnecessary increases in the costs of certain settlement services due to ________.
A. Real Estate Settlement Procedures
B. X
C. Consumer Financial Protection Bureau (CFPB)
D. Help consumers become better shoppers for settlement services
E. Unlawful kickbacks and referral fees
Federal Disclosure Laws:
Real Estate Settlement Procedures Act (RESPA) Key Amendments:
On January 17, _______, the CFPB issued a final rule to amend Regulation ___. The final rule implemented certain provisions of Title _____ of the Dodd-Frank Act and included substantive and technical changes to the existing regulations. Substantive changes included modifying the servicing transfer notice requirements and implementing new procedures and notice requirements related to borrowers’ error resolution requests and information requests.
A. 2013
B. X
C. Title XIV (14)
Federal Disclosure Laws:
TILA and RESPA Introduction:
Real Estate Settlement Procedures Act:
Key Amendments:
The amendments, effective as of January 10, _____, also included new provisions related to:
• ______ payments,
• ______ insurance,
• General servicing policies, procedures, and requirements,
• Early intervention,
• Continuity of contact, and
• ______ mitigation.
A. 2014
B. Escrow
C. Loss
D. Force-Placed
Federal Disclosure Laws:
TILA and RESPA Introduction:
Real Estate Settlement Procedures Act:
Key Amendments:
Again in 2013 and 2014, the CFPB issued final rules to further amend Regulation ___. These rules included substantive and technical changes to the existing regulations, including revisions to the provisions in relation to:
• State law of Regulation X’s servicing provisions,
• The loss mitigation procedure requirements, and
• The requirements related to notices of error and information requests.
A. X
Federal Disclosure Laws:
TILA and RESPA Introduction:
Real Estate Settlement Procedures Act:
Key Amendments:
On December 31, _____, the CFPB published final rules implementing Sections 1098(2) and 1100A(5) of the Dodd-Frank Act, which directs the CFPB to publish a ____.
A. 2013
B. Single, integrated disclosure for mortgage transactions
Federal Disclosure Laws:
TILA and RESPA Introduction:
Real Estate Settlement Procedures Act:
Key Amendments:
These final rules include mortgage disclosure requirements under the Truth in Lending Act and Sections 4 and 5 of RESPA. These amendments are referred to as the “______ Rule” or “TRID” and are applicable to covered closed-end mortgage loans for which a creditor or mortgage broker receives an application on or after August 1, 2015.
As a result, Regulation ____ now houses the ______ requirements for most _____ consumer mortgage loans.
A. TILA-RESPA Integrated Disclosure Rule
B. Integrated forms, timing, and related disclosure
C. Closed-End
Federal Disclosure Laws:
TILA and RESPA Introduction:
Real Estate Settlement Procedures Act:
Sections Impacting Mortgage Origination:
There are four sections to RESPA that impact and guide the mortgage industry in protecting borrowers from abuses:
• Section ____ - Identifies the AMOUNT that can be charged to maintain escrow accounts. • Section ____ - Provides borrowers with important protections relating to the SERVICING of their loans. Mandates that homeowners be given ____ days PRIOR and POST notice before a change in loan servicers. Also provides a ____-day window for payments made to the old servicer to be FORWARDED to the new servicer.
• Section ____ - States a seller cannot REQUIRE the use of a particular title company.
• Section ____ - PROHIBITS kickbacks, fee-splitting, and unearned fees.
A. 10
B. 6
C. 15
D. 60
E. 9
F. 8
Federal Disclosure Laws:
TILA and RESPA Introduction:
Real Estate Settlement Procedures Act:
Covered Transactions:
RESPA, as implemented by Regulation ____ applies to any federally-related mortgage loan (including refinancing) secured by a first or subordinate lien on residential real property located within a state upon which is constructed or will be constructed a one-to-four family structure (including condos, co-ops, and manufactured homes). The rules and regulations of RESPA generally apply to the following:
• CONVENTIONAL loans
• FHA, VA, and other GSE loans
• PURCHASE loans
• REVERSE mortgages
• ASSUMPTIONS
• REFINANCES
• Property IMPROVEMENT loans
• EQUITY lines of credit
The following types of transactions are not covered:
• All-CASH sale
• Sale where the individual home seller takes BACK the mortgage
• BUSINESS purpose loan
• Assumption NOT requiring lender approval
• Loan CONVERSION
• TEMPORARY construction loan as long as PERMANENT financing of 1-4 family residential property is NOT anticipated
• BRIDGE loan
• VACANT or unimproved property, unless a dwelling will be constructed or moved onto the property within two years
• BONA FIDE TRANSFER of a loan obligation in the secondary market
A. X
Federal Disclosure Laws:
TILA and RESPA Introduction:
The Truth in Lending Act (TILA): The ________ Act was enacted on May 29, 1968, as Title I of the Consumer Credit Protection Act.
A. The Truth in Lending Act (TILA)
Federal Disclosure Laws:
TILA and RESPA Introduction:
The Truth in Lending Act (TILA):
The Truth in Lending Act (TILA) , implemented by Regulation _____ became effective July 1, 1969.
The primary purpose of this Act is to ____
In addition, the Act:
• Protects consumers against inaccurate and unfair ____ billing and credit card practices;
• Provides consumers with _______ rights;
• Provides for rate CAPS on certain dwelling-secured loans;
• Imposes limitations on home EQUITY lines of credit and certain CLOSED-end home mortgages;
• Provides MINIMUM standards for most dwelling-secured loans; and
• Delineates and PROHIBITS unfair or deceptive mortgage lending practices.
A. Z
B. Promote the informed use of consumer credit by requiring a uniform system for the disclosure of loan terms and costs.
C. Credit
D. Rescission
Federal Disclosure Laws:
TILA and RESPA Introduction:
The Truth in Lending Act (TILA):
Key Amendments:
The _____ Act of 1994 amended TILA. The law imposed ____ and substantive limitations on certain closed-end mortgage loans bearing ____ or ____ above a certain percentage or amount.
A. The Home Ownership and Equity Protection Act (HOEPA)
B. New disclosure requirements
C. Rates Or Fees
Federal Disclosure Laws:
TILA and RESPA Introduction:
The Truth in Lending Act (TILA):
Key Amendments:
The law also included new disclosure requirements to assist consumers in _____ the costs and other material considerations involved in a ______ mortgage transaction and authorized the Federal Reserve Board to prohibit specific acts and practices in connection with mortgage transactions.
A. Comparing
B. Reverse
Federal Disclosure Laws:
TILA and RESPA Introduction:
The Truth in Lending Act (TILA):
Key Amendments:
In July 2008, Regulation Z was amended to protect consumers in the mortgage market from _____, _____, or _____ lending and servicing practices.
Specifically, the change applied protections to a newly defined category of “ ______ mortgage loans” that includes virtually all closed-end subprime loans secured by a consumer’s principal dwelling. The revisions also applied new protections to mortgage loans secured by a dwelling, regardless of loan price, and REQUIRED the delivery of ______ disclosures for more types of transactions. The revisions also BANNED several _________ practices deemed deceptive or misleading.
A. Unfair, Abusive, or Deceptive
B. Higher-Priced
C. Early
D. Advertising
Federal Disclosure Laws:
TILA and RESPA Introduction:
The Truth in Lending Act (TILA):
Key Amendments:
The ______ Act of 2008 broadened and added to the requirements of the Board’s July 2008 final rule by requiring EARLY _______ between the time when disclosures are given and the _______ of the transaction. In 2009, Regulation Z was amended to address those provisions. The MDIA also requires _____ if the loan’s interest rate or payments CAN _____, as well as disclosure of a statement that there is NO guarantee that the consumer will be able to ______ in the future.
In 2010, Regulation Z was amended to address these provisions, which became effective on January 30, 2011.
A. Mortgage Disclosure Improvement Act of 2008 (MDIA)
B. Truth in Lending disclosures for more types of transactions and by adding a WAITING period
C. Consummation
D. Disclosure of payment examples
E. Change
F. Refinance
Federal Disclosure Laws:
TILA and RESPA Introduction:
The Truth in Lending Act (TILA):
Key Amendments:
In 2013, the CFPB further amended Regulation ___, as well as Regulation ___, to fulfill the mandate in the ______ Act to ______ under TILA and RESPA Sections 4 and 5. Regulation Z now contains two new forms required for most closed-end consumer mortgage loans. As mentioned, these amendments are referred to as the “TILA-RESPA Integrated Disclosure Rule” or “TRID” and require:
• The ______ to be provided within three business days from application, and
• The _____ Disclosure to be provided to consumers ______ business days before loan consummation.
A. Z
B. X
C. Dodd-Frank
D. Integrate the Mortgage Disclosures
E. Loan Estimate
F. 3
G. Closing
H. 3
Federal Disclosure Laws:
TILA and RESPA Introduction:
The Truth in Lending Act (TILA):
Regulation Z Subparts:
The rules that creditors must follow differ depending on whether the creditor is ____ open-end credit, such as credit cards or home-equity lines, or closed-end credit, such as car loans or mortgages.
A. Offering
Federal Disclosure Laws:
TILA and RESPA Introduction:
The Truth in Lending Act (TILA):
Regulation Z Subparts:
Regulation Z is divided into 4 subparts:
• Subpart ___ relates to open-end credit lines (revolving credit accounts), which include credit card accounts and home-equity lines of credit (HELOCs).
A. B
Federal Disclosure Laws:
TILA and RESPA Introduction:
The Truth in Lending Act (TILA):
Regulation Z Subparts:
Regulation Z is divided into 4 subparts:
• Subpart ___ relates to closed-end credit, such as home-purchase loans and motor vehicle loans with a fixed loan term. It contains rules on disclosures, treatment of credit balances, annual percentage rate calculations, right of rescission, and advertising.
A. C
Federal Disclosure Laws:
TILA and RESPA Introduction:
The Truth in Lending Act (TILA):
Regulation Z Subparts:
Regulation Z is divided into 4 subparts:
• Subpart ___ contains rules on oral disclosures, Spanish language disclosure in Puerto Rico, record retention, effect on state laws, state exemptions (which only apply to states that had Truth in Lending-type laws prior to the Federal Act), and rate limitations.
A. D
Federal Disclosure Laws:
TILA and RESPA Introduction:
The Truth in Lending Act (TILA):
Regulation Z Subparts:
Regulation Z is divided into 4 subparts:
• Subpart ___ contains special rules for mortgage transactions, such as prohibited acts and practices in connection with high-cost and higher-priced mortgages.
Appendices found in Regulation Z contain information such as the procedures for determinations about state laws, state exemptions and issuance of staff interpretations, special rules for certain kinds of credit plans, a list of enforcement agencies, model disclosures that, if used properly, ensure compliance with the Act, and rules for computing annual percentage rates in closed-end credit transactions and total annual loan cost rates for reverse mortgage transactions.
A. E
Federal Disclosure Laws:
TILA and RESPA Introduction:
The Truth in Lending Act (TILA):
Covered Transactions:
TILA and Regulation ____ apply to most creditors offering open-end and closed-end credit.
The following transactions are exempt from Regulation
Z:
• Credit extended PRIMARILY for a business, commercial, or agricultural purpose
• Credit extended to other than a natural PERSON (including credit to government agencies or instrumentalities)
• Credit in excess of an annually adjusted THRESHOLD not secured by real property or by personal property used or expected to be used as the principal dwelling of the consumer
• Public UTILITY credit
• Credit extended by a broker-dealer registered with the _____ or the ______ involving securities or commodities accounts
• Home FUEL budget plans NOT subject to a finance charge
• Certain STUDENT loan programs
A. Z
B. Securities and Exchange Commission (SEC) or the Commodity Futures Trading Commission (CFTC)
Federal Disclosure Laws:
TILA and RESPA Introduction:
The Truth in Lending Act (TILA):
Advertising Disclosures:
As implemented through Regulation Z ____ Part ____ Section _____ sets forth ____ requirements for which mortgage lenders must adhere.
Prior to the passage of TILA, an advertiser might have disclosed only the most attractive credit terms, distorting the true cost of financing. For example, the ad could have included the low monthly payment (e.g., $275 a month) without indicating the large down payment necessary to qualify for that payment level.
Advertisers did not have to disclose the APR or whether the transaction was a credit sale or lease.
Now, TILA requires advertisers to tell the whole story and to tell it ____ and ____. Anyone who places advertising that references ____ is required to follow the advertising provisions of TILA.
A. Part 1026 Section 24
B. Advertising Disclosure
C. Clearly and Conspicuously
D. Consumer Credit
Federal Disclosure Laws: Advertising Disclosures:
Triggering Terms Requiring
Advertising Disclosure:
An advertisement stating any of one of four triggering terms must also state additional loan disclosures required by Regulation Z:
_____ Payment Amount
> Trigger Term Examples:
• Only 5% down
• As low as $100 down
• Total move-in costs of $800
> Not Trigger Term Examples:
• No down payment
• No trade-in required
A. Down
Federal Disclosure Laws: Advertising Disclosures:
Triggering Terms Requiring
Advertising Disclosure:
An advertisement stating any of these four triggering terms must also state additional loan disclosures required by Regulation Z:
Payment ________
> Trigger Term Examples:
• 48-month payment terms
• 30-year mortgage
• Repayment in as many as 36 monthly installments
> Not Trigger Term Examples
• Pay weekly
• Monthly payment terms arranged
• Take years to repay
A. Period
Federal Disclosure Laws: Advertising Disclosures:
Triggering Terms Requiring
Advertising Disclosure:
An advertisement stating any of these four triggering terms must also state additional loan disclosures required by Regulation Z:
Payment _______
> Trigger Term Examples:
• Payable in installments of $100
• $25 weekly
• $500,000 loan for just $1,650 per month
• $1,200 balance payable in 10 equal installments
> Not Trigger Term Examples
• Monthly payments to suit your needs
• Regular monthly payments
A. Amount
Federal Disclosure Laws: Advertising Disclosures:
Triggering Terms Requiring
Advertising Disclosure:
An advertisement stating any of these four triggering terms must also state additional loan disclosures required by Regulation Z:
_______ Charge:
> Trigger Term Examples
• $500 total cost of credit
• $2 monthly carrying charge
• $50,000 mortgages, 2 points to the borrower
> Not Trigger Term Examples
• Annual percentage rate
• No closing costs
A. Finance
Federal Disclosure Laws: Advertising Disclosures:
Triggering Terms Requiring
Advertising Disclosure:
The common element in the trigger term examples is the quoting of a “_____” number. When creating any form of advertisement, the mortgage company or loan originator must refer to TILA for guidance in making full disclosure to the consumer who will view the advertisement. Pay attention to the placement of “specific” numbers in the advertisement and the requirements they implement. The only “specific” number that is always acceptable is the ______.
A. Specific
B. Actual APR
Federal Disclosure Laws: Advertising Disclosures:
Triggering Terms Requiring
Advertising Disclosure:
If an ad contains any of the triggering terms, the ad must also contain the relevant disclosures as follows:
1. Disclosure of Total ______
• 10% cash required from the buyer
• Credit terms require a minimum $100 trade-in
2. Disclosure of _____term of the loan in either:
• ________: 48 monthly payments of $27.83 per $1,000 borrowed
> When any series of payments ______, it must be stated:
• Number and timing of payments
• Fact that payments do not include amounts
for mortgage insurance premiums.
• Fact that actual payment obligation will be higher
> When one series of monthly payments applies for a _____ time followed by an _______-rate series of higher monthly payments for the remaining term, state:
• Number and time period for each series of payments
• Amounts of each of those payments
3. Disclosure of ______rate
• Must use “annual percentage rate” or APR
• Identify if APR is subject to increase
• Only other rate that can be stated is the simple annual rate as long as it is the same type SIZE as the APR.
A. Down Payment $ or %
B. Repayment Terms over the Full
C. Unit-Cost Approach
D. Vary
E. Limited
F. Adjustable
G. Annual Percentage
Federal Disclosure Laws: Advertising Disclosures:
Advertising Closed-End Credit Loan Regulations:
A ______ -end credit transaction is one in which the balance is expected to be repaid–along with any interest and finance charges–by a SPECIFIC ______. Most real estate loans are closed-end. Additional advertising provisions in Regulation Z are related to these loans.
A. Closed
B. Specified Future Date
Federal Disclosure Laws: Advertising Disclosures:
Advertising Closed-End Credit Loan Regulations:
_______: If an advertisement states a ______ annual rate of interest and more than one rate applies over the term of the loan, the advertisement must also disclose-with EQUAL prominence and in CLOSE proximity to the advertised rate:
• Each SIMPLE annual rate of interest that will apply; if a variable rate, a reasonably current index, and a margin MUST be used.
• The period of TIME during which each simple annual rate of interest applies.
• The APR for the loan.
A. Rate
B. Simple
Federal Disclosure Laws: Advertising Disclosures:
Advertising Closed-End Credit Loan Regulations:
_______ Amount:
If the advertisement states the amount of any payment, it must also disclose–with EQUAL prominence and in CLOSE proximity to the payment:
• The AMOUNT of each payment that applies over the term of the loan, including any BALLOON payment; if a VARIABLE rate, a reasonably current INDEX, and a MARGIN must be used.
• The period of TIME during which each payment applies.
A. Payment
Federal Disclosure Laws: Advertising Disclosures:
Advertising Closed-End Credit Loan Regulations:
When the ad for a first lien mortgage loan states the _____ of any payment, it must also state prominently (but NOT with equal prominence) and in CLOSE proximity to the advertised payment that the payments ______ include amounts for taxes and insurance, if applicable, and that the actual payment amount will be higher.
A. Amount
B. DO NOT
Federal Disclosure Laws: Advertising Disclosures:
Advertising Closed-End Credit Loan Regulations:
_________: Advertisements may NOT compare actual or hypothetical payments or rates and a “teaser” payment or simple annual rate available for the advertised product _____ the ad includes a CLEAR and CONSPICUOUS comparison to the TERMS required to be disclosed (APR, term, payments, etc.). If advertising a variable rate transaction where the payment or simple annual rate is based on the index and margin used to make subsequent rate or payment adjustments, the advertisement must include an EQUALLY prominent statement, in CLOSE proximity, that the payment or rate is SUBJECT to adjustment, as well as the TIME period when the first adjustment will occur.
A. Payment and Rate Comparisons
B. Unless
Federal Disclosure Laws: Advertising Disclosures:
Advertising Closed-End Credit Loan Regulations:
Use of the Term “______.” If an advertisement references _____ variable and non-variable rate loans, the terms
“adjustable-rate mortgage,” “variable rate mortgage,” or
“ARM” must appear with EQUAL prominence as any use of the term “fixed” or “fixed-rate mortgage.” Also, the term “fixed” must clearly refer only to TRANSACTIONS with fixed rates. If referring to a payment or a variable rate, it must also include the TIME period for which the rate or payment is fixed and a statement that the rate can vary and the payment can increase after that.
A. Fixed
B. BOTH
Federal Disclosure Laws: Advertising Disclosures:
Advertising Closed-End Credit Loan Regulations:
If an advertisement references a ______ Rate loan, the phrase “adjustable-rate mortgage,” “variable rate mortgage,” or “ARM” MUST appear ______ the first use of the term “fixed” and must be at least as conspicuous as the word “fixed.” In addition, the ad must clearly indicate the time period for which the rate or payment is fixed, and a statement that the rate may vary or the payment may increase after that period.
If the ad references a rate loan where the payment amount increases, the use of the word “fixed” must state the fact that the rate may vary or the payment may increase after that period.
A. Variable Rate
B. Non-Variable Rate
C. BEFORE
Federal Disclosure Laws: Advertising Disclosures:
Advertising Closed-End Credit Loan Regulations:
_______: If a catalog or other multiple-page advertisement, or an electronic advertisement (such as an advertisement appearing on an Internet website), gives information in a table or schedule in sufficient detail that includes triggering terms requiring additional disclosure, it would be considered a ______ advertisement under the following circumstances:
• The table or schedule is clearly and conspicuously set forth, and
• Any statement of the triggering credit terms appearing anywhere else in the catalog or advertisement clearly refers to the PAGE or LOCATION where the table or schedule ______.
The table or schedule of terms MUST include all appropriate disclosures for a representative scale of amounts up to the level of the more commonly sold _____-priced property or services offered.
A. Catalogs, Multiple-Page Ads, and Electronic Ads
B. Single
C. Begins
D. Higher
Federal Disclosure Laws: Advertising Disclosures:
Advertising Open-End Credit Loan Regulations:
_______ credit refers to a loan where credit is extended to the borrower during the _____ and the creditor may impose a _______ charge on the outstanding unpaid balance, such as a home equity line of credit (HELOC).
It’s critical that ads for these loans not use misleading terms, such as “_____ money.”
A. Open-End
B. Term
C. Finance
D. Free
Federal Disclosure Laws: Advertising Disclosures:
Advertising Open-End Credit Loan Regulations:
These loans are also subject to the disclosure provisions previously discussed as well these additional ______:
1. If any of the triggering terms are used or the payment terms of the plan are set forth, affirmatively or negatively, in an advertisement, the ad must also clearly and conspicuously state the following:
• Any _____ fee that is a percentage of the credit limit under the plan and an estimate of any other fees imposed for opening the plan expressed as a single dollar amount or a reasonable range
• Any _______ rate used to compute the finance charge expressed as an annual percentage rate
• The _____ rate that may be imposed in a variable-rate plan
A. Provisions
B. Loan Fee
C. Periodic Rate
D. Maximum Annual Percentage
Federal Disclosure Laws: Advertising Disclosures:
Advertising Open-End Credit Loan Regulations:
If an advertisement states an initial APR that is ____ based on the index and margin used to make later rate adjustments in a variable-rate plan, the ad MUST also clearly indicate the period of time such _____ rate is in effect and a reasonably current _____ that would have been in effect using the index and margin.
A. NOT
B. Initial
C. APR
Federal Disclosure Laws: Advertising Disclosures:
Advertising Open-End Credit Loan Regulations:
______: If an ad states a minimum payment and a balloon payment may result if ONLY the ______ periodic payment is made, that fact must be stated with EQUAL prominence and CLOSE proximity.
A. Balloon Payments
B. Minimum
Federal Disclosure Laws: Advertising Disclosures:
Advertising Open-End Credit Loan Regulations:
_______: If a HELOC advertisement states a promotional rate and/or a promotional payment, the ad must disclose-in a clear and conspicuous manner and with equal prominence and in close proximity to EACH LISTING of the promotional rate or payment–all of the following:
• The period of time during which the promotional rate or payment _______
• If a promotional rate, any ____ that applies (if a VARIABLE rate, the APR must be disclosed within established accuracy standards)
• If a promotional payment, the _____ and _____ periods of any payments that will apply under the plan. (If the payment is based on the application of a variable index and margin, it must be disclosed based on a reasonable _____ index and margin.)
A. Promotional Rates and Payment
B. Applies
C. APR
D. Amounts and Time
E. Current
Federal Disclosure Laws: Advertising Disclosures:
Advertising Open-End Credit Loan Regulations:
If an ad stating a promotional rate is broadcast on radio or television, in lieu of stating these disclosures, a _______ number (or one that allows consumers to reverse charges) from which to get additional cost information must be indicated.
NOTE: These provisions do NOT apply to an envelope in
• which an application or solicitation is mailed or to a banner advertisement or pop-up advertisement linked to an application or solicitation provided electronically.
A. Toll-Free Telephone
Federal Disclosure Laws: Advertising Disclosures:
Advertising General Provision Regulations:
_______: Care must be taken to ensure that an advertisement that states any tax implications-such as whether interest is tax-deductible–is NOT misleading.
There are additional requirements imposed on ads distributed in paper form or through the Internet, rather than broadcast on radio or television:
• If the ad states the advertised extension of credit may exceed the fair market value of the dwelling, it must also clearly and conspicuously state that the interest on that portion of the loan is NOT _____ for federal income tax purposes.
• The consumer must be advised to consult a tax adviser about the _____ of interest and charges.
A. Tax Implications
B. Tax-Deductible
C. Deductibility
Federal Disclosure Laws: Advertising Disclosures:
Advertising General Provision Regulations:
______: Regulation Z prohibits:
• Misinformation about a loan product being GOVERNMENT endorsed.
• Misleading use of the current LENDER’s name in the advertisement or claims of debt elimination.
• Using the term “______” in any advertisement to refer to a for-profit mortgage broker or lender.
• In a foreign language advertisement, providing information about some trigger terms or required disclosures in a foreign language while providing information about other trigger terms or required disclosures _____ in English.
A. Misrepresentations
B. Counselor
C. ONLY
Federal Disclosure Laws: Advertising Disclosures:
Advertising General Provision Regulations:
________: When considering oral advertisements for credit secured by a dwelling, including alternative disclosures as provided, a clear and conspicuous disclosure, whether by radio, television, or other medium, means that the required disclosures are given at a _____ and ______ sufficient for a consumer to hear and comprehend them.
For example, information stated very RAPIDLY at a LOW volume in a radio or television advertisement would NOT meet the clear and conspicuous standard if consumers CANNOT hear and comprehend the information required to be disclosed.
A. Clear and Conspicuous Standard
B. Speed
C. Volume
Federal Disclosure Laws:
Federal Disclosures Overview:
The Truth-in-Lending Act, as implemented by Regulation
Z. and the Real Estate Settlement Procedures Act, as implemented by Regulation X, set forth ______ requirements for most mortgage transactions.
Recall:
• TILA and Regulation Z provisions primarily focus on promoting the _____ through proper disclosure, and
• RESPA and Regulation X provisions are primarily intended to help consumers become better shoppers for _____ services.
A. Disclosure
B. Informed use of Consumer Credit
C. Settlement
Federal Disclosure Laws:
Federal Disclosures Overview:
As previously mentioned, the TILA-RESPA Integrated Disclosure Rule (TRID) consolidates four disclosure forms that were formally required under TILA and RESPA into two forms: The _____ and the _______. TRID requirements are incorporated in the provisions of Regulation Z and X.
NOTE: Disclosure form requirements set forth in TRID do NOT apply to reverse mortgages, HELOCs, and chattel mortgages (mobile home and unattached premises). There are disclosure requirements for loan types ____ from TRID. For all loan types, there is a partial exemption from federal disclosure requirements for loans secured by ____ liens and associated with certain housing assistance loan programs for low- and moderate-income persons.
A. Loan Estimate
B. Closing Disclosure
C. EXEMPT
D. Subordinate
Federal Disclosure Laws:
Federal Disclosures Overview:
Mortgage Disclosures Descriptions:
________: This is a disclosure document that provides mortgage loan applicants with detailed information about the mortgage _____, settlement service provider charges, closing costs, and features of the loan program for which the lender recommends the prospective borrower proceed.
A. Loan Estimate
B. Terms
Federal Disclosure Laws:
Federal Disclosures Overview:
Mortgage Disclosures Descriptions:
_________: This is a disclosure document that provides similar information as provided on the Loan Estimate; HOWEVER, it provides final details about the mortgage loan that the borrower has been approved for and agreed to ______.
A. Initial Closing Disclosure
B. Consummate
Federal Disclosure Laws:
Federal Disclosures Overview:
Mortgage Disclosures Descriptions:
________: This disclosure document is the same as used for the Initial Closing Disclosure providing the actual final _______ about the borrower’s consummated mortgage loan.
A. Final Closing Disclosure
B. Final
C. Details
Federal Disclosure Laws:
Federal Disclosures Overview:
Mortgage Disclosures Descriptions:
________: This is a brochure used in connection with the _____ and ______ forms. The brochure provides mortgage loan applicants with a step-by-step guide for making good choices along the path to owning a home. It includes information about what it takes to buy a home, steps borrowers should take to obtain the best mortgage, and information about closing costs. The CFPB provides an electronic version complete with fillable text fields and interactive checkboxes.
A. Your Home Loan Toolkit
B. Loan Estimate
C. Closing Disclosure
Federal Disclosure Laws:
Federal Disclosures Overview:
Mortgage Disclosures Descriptions:
________: A mortgage loan applicant must be provided a CLEAR and CONSPICUOUS written list of homeownership counseling organizations providing relevant counseling services in the applicant’s location.
A. List of HUD-Approved Housing Counselors
Federal Disclosure Laws:
Federal Disclosures Overview:
Mortgage Disclosures Descriptions:
_______: The CHARM booklet is provided to mortgage loan applicants when an application is submitted for an ______. The booklet gives the applicant an overview of ARMs, explains how ARMs work, and discusses some of the issues that an ARM borrower might face.
A. Consumer Handbook on Adjustable-Rate Mortgages
(CHARM).
B. Adjustable-Rate Mortgage (ARM)
Federal Disclosure Laws:
Federal Disclosures Overview:
Mortgage Disclosures Descriptions:
______: When a borrower is _____ to shop for a settlement service, a Written List of Settlement Service Providers must be given to the mortgage loan applicant. The list identifies at least ______ available provider for each type of settlement service that can be shopped for.
A. Written List of Settlement Service Providers
B. Permitted
C. One
Federal Disclosure Laws:
Federal Disclosures Overview:
Mortgage Disclosures Descriptions:
_______: A lender is to provide an AfBA Disclosure to an applicant when the lender owns greater than ___% of a referred provider or has a personal interest in the provider. The AfBA Disclosure document provides information to a borrower about the relationship that exists between the lender and the settlement service provider and the ______ charge or range of charges generally made by such provider.
A. Affiliated Business Arrangement (AfBA) Disclosure
B. 1%
C. Estimated
Federal Disclosure Laws:
Federal Disclosures Overview:
Mortgage Disclosures Descriptions:
_______: This Statement provides an itemization of the estimated taxes, insurance premiums, and other charges anticipated to be paid from the escrow account during the first ____ months of the loan. It lists the escrow payment amount and any required impound account cushion. Although the statement is usually given at settlement, the lender has _____ days from settlement to deliver it.
A. Initial Escrow Statement
B. 12
C. 45
Federal Disclosure Laws:
Federal Disclosures Overview:
Mortgage Disclosures Descriptions:
_______: This statement discloses all escrow account deposits and payments during the servicer’s ____-month computation year. It also NOTIFIES the borrower of any shortages or surpluses in the account and ADVISES the borrower about the course of action being taken. It must be delivered to borrowers by loan servicers once a ______.
A. Annual Escrow Statement
B. 12
C. Year
Federal Disclosure Laws:
Federal Disclosures Overview:
Mortgage Disclosures Descriptions:
_______: This notice is required when the loan servicer sells or assigns the servicing rights to a borrower’s loan to ______ loan servicer. The notice must include the name and address of the new servicer, toll-free telephone numbers, and the date the new servicer will begin accepting payments. Generally, the loan servicer must notify the borrower ____ davs before the effective date of a servicing transfer.
A. Servicing Transfer Notice
B. Another
C. 15 Days
Federal Disclosure Laws:
Federal Disclosures Overview:
Mortgage Disclosure Timing:
To comply with disclosure requirements, it is important to understand when each disclosure must be provided to an applicant or borrower. At a high level, the following is the required transactional _____ for providing required disclosures.
A. Timeframe
Federal Disclosure Laws:
Federal Disclosures Overview:
Mortgage Disclosure Timing:
1a. When Must The Disclosure Be Given:
> At or within 3 business days of complete application.
1b. What Disclosures Will Be Given:
A.
• Loan Estimate
• Your Home Loan Tool Kit [Purchases Only]
• List of HUD-approved housing counselors
• Written List of Settlement Service
Providers
• If applicable: CHARM booklet
• If applicable: AfBA Disclosure
Federal Disclosure Laws:
Federal Disclosures Overview:
Mortgage Disclosure Timing:
2a. When Must The Disclosure Be Given:
> At least 3 business days before settlement.
2b. What Disclosures Will Be Given:
A.
• Initial Closing Disclosure
Federal Disclosure Laws:
Federal Disclosures Overview:
Mortgage Disclosure Timing:
3a. When Must The Disclosure Be Given:
> At settlement.
3b. What Disclosures Will Be Given:
A.
• Final Closing Disclosure
• Initial Escrow Statement
Federal Disclosure Laws:
Federal Disclosures Overview:
Mortgage Disclosure Timing:
4a. When Must The Disclosure Be Given:
> After settlement.
4b. What Disclosures Will Be Given:
A.
• Annual Escrow Statement
• Servicing Transfer Notice
Federal Disclosure Laws:
Federal Disclosures Overview:
Complete Application Defined:
There are three terms that you will hear often in federal disclosure requirements:
• ________
• ________
• ________
A. Complete Application
B. Settlement Service
C. Business Day
Federal Disclosure Laws:
Federal Disclosures Overview:
Complete Application Defined:
A complete application that triggers required federal disclosures at application, such as the Loan Estimate, consists of six pieces of information:
Hint ALIENS
1.
2.
3.
4.
5.
6.
A. ALIENS
1. Applicant’s name
2. Applicant’s Social Security number
3. Applicant’s income
4. Loan amount sought
5. Estimate of property value
6. Property address
Federal Disclosure Laws:
Federal Disclosures Overview:
Settlement Service Defined:
The Loan Estimate and Closing Disclosure _____ require the disclosure of the COST of ALL settlement services.
RESPA defines settlement service as any service provided in connection with a prospective or actual settlement, including, but not limited to:
• Any services related to the ORIGINATION, PROCESSING, UNDERWRITING , or FUNDING of a mortgage loan, including service by a mortgage BROKER
• TITLE services
• Services by an ATTORNEY
• Preparation of documents, including NOTARIZATION, DELIVERY, and RECORDATION
• RENDERING of credit reports and appraisals
• INSPECTIONS
• Conducting of settlement by a settlement AGENT and any related services
• Services involving mortgage, hazard, flood, or other casualty INSURANCE or homeowner’s WARRANTIES
• Services involving real property TAXES or any other ASSESSMENTS or CHARGES on the real property
• Any other services for which a SETTLEMENT service provider requires a borrower or seller to pay
A. BOTH
Federal Disclosure Laws:
Federal Disclosures Overview:
Business Day Defined:
When it comes to providing required mortgage disclosure within the required timeframe, the term
“business day” is frequently used. Regulation Z offers this definition of business day:
Business day means a dav on which the creditor’s offices are open to the public for carrying on substantially all of its business functions; however; for purposes of _______, the term means all calendar davs except Sundays and the legal public holidays specified in 5 U.S.C. 6103(a), such as New Year’s Day, the Birthday of Martin Luther King, Jr., Juneteenth, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.
A. Rescission
Federal Disclosure Laws:
Federal Disclosures Overview: Business Day Defined:
Business day means a day on which the creditor’s offices are open to the public for carrying on substantially ALL of its business functions.
Per CFPB guidance:
• ________: Availability of personnel to make loan disbursements, to open new accounts, and to handle credit transaction inquiries.
A. Open for Business
Federal Disclosure Laws:
The Loan Estimate:
This provides the mortgage loan applicant with detailed information about a mortgage loan. A lender is to use the Loan Estimate to provide a _______ lestimate of loan costs and should walk through its contents to explain and ensure the applicant understands the financial obligations associated with the loan.
The requirement to provide a _____ does NOT apply to ALL real estate loans. Certain loan transactions involving real property may require other disclosures under TILA or may not fall within the mandates of TILA.
EXEMPTIONS include the following:
• Home EQUITY lines of credit
• REVERSE mortgages
• Loans to secure a FRACTIONAL interest in real estate (timeshares)
• Loans for mobile homes or dwellings NOT AFFIXED to real property
• Loans made by a person or entity that makes FIVE or FEWER mortgages in a calendar year
• Loans made to a non-natural PERSON (business entity)
NOTE: Loan Estimate requirements apply to vacant land or land consisting of more than ____ acres, loans made to certain trusts utilized for tax and estate planning purposes, and construction-only loans.
A. Good Faith
B. Loan Estimate
C. 25
Federal Disclosure Laws:
The Loan Estimate:
Good Faith Estimate Compliance:
One of the most important concepts that a lender needs to understand when completing an initial Loan Estimate is the concept of a “ _______ estimate.” The Loan Estimate is designed to provide an ACCURATE estimate of all settlement provider charges the borrower can expect to INCUR as part of the mortgage loan origination process and during the mortgage term.
Lenders need to ensure the charges listed on a Loan Estimate provided to a mortgage applicant are provided in good faith. Like a contract or other written agreement, the Loan Estimate involves two or more parties, namely the lender and the borrowers), who seek some type of benefit from the transaction. When parties enter into a written agreement, they are generally held to the terms of that agreement. Similarly, by creating and issuing the Loan Estimate, the ______ is held to its terms.
Whether the Loan Estimate is made in good faith is determined by the difference between the ______ and the final costs charged at ______.
A. Good Faith
B. Lender
C. Initial Cost Estimate
D. Loan Closing
Federal Disclosure Laws:
The Loan Estimate:
Good Faith Estimate Compliance: The general rule is that if the settlement costs on the Closing Disclosure are:
• _______ than what was disclosed initially on the Loan Estimate, outside a certain tolerance the Loan Estimate is assumed to NOT be made in good faith.
• Equal or _____than the Loan Estimate, the originator is assumed to have acted in good faith when making the initial Loan Estimate.
Even if a Loan Estimate is provided to the borrower in good faith, settlement charges can change at loan consummation unexpectedly. There are regulations regarding what settlement service provider costs _____ change, may change by a _____ amount, or may _____ change from the initial Loan Estimate.
A. Greater
B. Less
C. MAY
D. LIMITED
E. NOT
Federal Disclosure Laws:
The Loan Estimate:
Delivery Time Requirements:
These allowed deviations, also called tolerances, usually relate to estimated settlement costs. NOTE: That the specifically allowed tolerances for change are per TILA Regulation Z.
Delivery Time Requirements:
The ______ Loan Estimate and other initial disclosures must be delivered or placed in the mail:
• No later than _____ business days after the lender receives a complete application for a residential mortgage loan (______), and
• At least ______ business days before consummation of the transaction (_______).
If delivered in person, the Loan Estimate is considered received by the consumer on the day it is delivered.
A. Initial
B. 3
C. Business Day Rule
D. 7
E. More Precise Business Day Rule
E. 3
Federal Disclosure Laws:
The Loan Estimate:
Scope of Responsibility:
The _______ has the ultimate responsibility for the correct and timely delivery of disclosures to the consumer.
If a mortgage broker, one who places a loan submission with a wholesale lender to underwrite and fund the loan, receives a complete mortgage loan application, either the ____ or the _____ may make the Loan Estimate and other initial disclosures. If the mortgage broker completes the Loan Estimate, the wholesale lender’s name (if known) must be identified on the Loan Estimate. If it is not known, the space must be left _____.
If the applicant WITHDRAWS the application or the lender DECLINES the loan before the end of the _____-business-day period, the Loan Estimate does not need to be provided.
NOTE: _______ means the time that a consumer becomes contractually obligated on a credit transaction.
A. Creditor
B. Lender or the Mortgage Broker
C. Blank
D. Three
E. Consummation
Federal Disclosure Laws:
The Loan Estimate:
Delivery Time Requirements: NOTE: If the Loan Estimate, Written List of Settlement Service Providers, and AfBA Disclosure are all given at the ____ time, within ______ business days of a complete application, you are sure to comply with the delivery time requirements for each of these ______ disclosures.
A. SAME
B. 3
C. 3
Federal Disclosure Laws:
Other Initial Application Disclosures:
Affiliated Business Relationship
Violation Example:
A case of a violation of 12 U.S.C. 2602(7) received an enforcement action from the CFPB in September 2019. The violation was against a real estate settlement services provider, Tim’s Title Corporation. According to the CFPB:
Tim’s Title Corporation (TTC) is a real estate settlement agent and title insurance agency. As a settlement agent, TTC provides real estate settlement services and conducts loan closings in connection with residential real estate transactions. Lenders normally require title insurance to protect their interests when providing a mortgage loan in the event someone else can collect on a lien or there are back taxes owed on the property.
Consumers are normally able to _______ the title insurance provider during the home-buying process as long as the title insurance policy complies with lender requirements. As a title insurance agent, TTC receives orders for title insurance policies from lenders and real estate agents, and in some cases, directly from consumers, and assigns those orders to title insurance underwriters.
The CFPB found that TTC _____ selected Arsenal Insurance Corporation, a company owned in part by three of TTC’s own executives, as the title insurance underwriter for its customers. When it selected Arsenal, the CFPB found that TTC was able to keep extra money beyond the commission it would normally have been entitled to collect, based on an understanding that TTC would select Arsenal as the underwriter.
A company like TTC that receives ______ pursuant to an agreement or understanding that business will be referred to an affiliated business like Arsenal must generally _____ its relationship to the consumer in question, among other conditions, in order to avoid a violation of the Real Estate Settlement Procedures Act. In its investigation, the CFPB found that TTC ___ to make the necessary disclosures to more than 7,000 consumers when it selected Arsenal to provide title insurance and also did not satisfy other conditions for avoiding a violation of the law.
A. Select
B. Routinely
C. Anything Of Value
D. Disclose
E. Failed
Federal Disclosure Laws:
Other Initial Application Disclosures:
Affiliated Business Relationship
Violation Example:
Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, the CFPB has the authority to take action against institutions or individuals violating consumer financial laws, including engaging in unfair, deceptive, or abusive acts or practices. The CFPB’s order requires TTC to:
A.
Under the order, T’TC is required to pay up to _______ to consumers who were referred to and purchased title insurance from Arsenal but did not receive appropriate disclosures.
• Stop __________. TTC must not violate RESPA and must implement policies and procedures to ensure it properly discloses to consumers whenever it makes an applicable referral.”
A. $1.25 million in Redress
B. Stop violating the law and start providing disclosures.
Federal Disclosure Laws:
The Loan Estimate:
Initial Application Disclosures:
Lender Larry must provide an applicant with a list of ______ HUD-approved housing counseling agencies.
A. 10
Federal Disclosure Laws:
Federal Disclosures Overview:
Business Day Defined:
Within this one definition, there are actually two different definitions for the term business day as applied to mortgage disclosure time requirements. The two business day definitions and when they each apply to mortgage disclosure time requirements are referred to as the ______ and the ______.
A. Business Day Rule
B. More Precise Business Day Rule
Federal Disclosure Laws:
The Loan Estimate:
Key information to be included in a Loan Estimate:
Field: ________
Description: Identifies WHETHER the interest rate disclosed on the Loan Estimate is locked for a specific period of time via a statement labeled RATE LOCK. For transactions in which the interest rate is locked for a specific period of time, the lender must provide the DATE and TIME, including the applicable ______, when that PERIOD ENDS. The Rate Lock statement must be ACCOMPANIED BY A STATEMENT that the “interest rate, any points, and any lender credits may change unless the interest rate has been locked.”The statement must also include the date and time, including the applicable time zone, when ESTIMATED CLOSING COSTS WILL EXPIRE.
A. Rate Lock Field
B. Time Zone
Federal Disclosure Laws:
The Loan Estimate:
Key information to be included in a Loan Estimate:
Field: ________
Description: Identifies the LOAN TERMS, such as loan amount, interest rate, monthly principal, and interest, and identifies if these terms are subject to change after closing.
A. Loan Terms Section
Federal Disclosure Laws:
The Loan Estimate:
Key information to be included in a Loan Estimate:
Field: ________
Description: Compares payments during the years that mortgage insurance is in ______ with the remaining years after mortgage insurance is ______, showing the borrower the difference in payments
A. Projected Payments
Section
B. Place
C. Cancelled
Federal Disclosure Laws:
The Loan Estimate:
Key information to be included in a Loan Estimate:
Field: ________
Description: Provides a good faith estimate of:
1a.
1b.
1c.
The rules that apply to completing this section are covered in more detail later.
A. Loan Costs Section
B. Origination charges
C. Services the borrower cannot shop for
D. Services the borrower can shop for
Federal Disclosure Laws:
The Loan Estimate:
Key information to be included in a Loan Estimate:
Field: ________
Description: Lists fees that are part of the real estate ___ but NOT required by the creditor or NOT _____ elsewhere, such as recording fees, transfer taxes, mortgage insurance premiums, property taxes, and lender credits.
A. Other Costs
B. Closing
C. Disclosed
Federal Disclosure Laws:
The Loan Estimate:
Key information to be included in a Loan Estimate:
Field: ________
Description: Discloses Estimated Cash to Close. The earnest money deposit is shown and deducted from the Cash to Close total so the borrower has a clear picture of the FUNDS required at ______.
A. Estimated Cash to Close Field
B. Closing
Federal Disclosure Laws:
The Loan Estimate:
Key information to be included in a Loan Estimate:
Section: ________
Description: Provides the LOAN OFFICER’s name, NMLS ID, email, and phone. Also provides the name of the ____ or _____ and NMLS ID if available.
A. At the Top of Page 3
B. Lender or Broker
Federal Disclosure Laws:
The Loan Estimate:
Key information to be included in a Loan Estimate:
Field: ________
Description: Provides required APR-related disclosures that an applicant can use to compare with other loan offers, including APR, TIP, total of payments made, and principal reduction of the loan in the first ____ years.
A. Comparisons Section
B. 5
Federal Disclosure Laws:
The Loan Estimate:
Key information to be included in a Loan Estimate:
Field: ________
Description: Provides REQUIRED disclosures, such as:
• The borrower’s right to a copy of their ______.
• The right to select a homeowner’s _____ provider.
• Whether the loan will be _____ for servicing.
• Assumption, late payment, and refinancing TERMS.
A. Other Considerations
Section
B. Appraisal
C. Insurance
D. Transferred
Federal Disclosure Laws:
The Loan Estimate:
Key information to be included in a Loan Estimate:
Section: ________
Description: Provides a designated place for borrowers to sign and confirm they have received the Loan Estimate and intend to ____ with their mortgage application.
NOTE: “N/A” cannot be entered in a field on the Loan
Estimate. Fields are to be left blank rather than using
“N/A.”
A. Confirm Receipt
B. Proceed
Federal Disclosure Laws:
The Loan Estimate:
Availability of Terms:
The estimate of the charges and terms for all settlement services must be available for at least ______ business days from when the Loan Estimate is provided but may remain available longer if the MLO extends the period of availability. This 10-business-day provision does not apply to the interest rate, charges, and terms dependent upon the interest rate–which includes the charge or credit for the interest rate chosen–the adiusted origination charges, and per diem interest. Because of this, borrowers and lenders frequently agree to a rate lock for a pre-determined period of time
A. 10
Federal Disclosure Laws:
Federal Disclosures Overview:
Business Day Defined:
Business day means a day on which the creditor’s offices are open to the public for carrying on substantially all of its business functions. Per CFPB guidance.
A. Business Day Rule
Federal Disclosure Laws:
Federal Disclosures Overview:
Business Day Rule In Regards To Application Disclosures:
Applies to most initial application disclosures specific to the delivery of the disclosure within three business days of the receipt of a complete application, including delivery of the:
• Loan _____
• Your Home Loan ____ Kit brochure
• List of _____ HUD-approved housing counselors
• List of ______ service providers for which the lender permits the consumer to shop
• For home equity loans: When Your Home is on the ______ disclosure
• For adjustable-rate mortgage loans: _____ Booklet
• If applicable: ________
A. Estimate
B. Tool
C. 10
D. Settlement
E. LINE
F. CHARM
G. AfBA Disclosure
Federal Disclosure Laws:
Federal Disclosures Overview:
More Precise Business Day Rule:
…however, for purposes of _____ the term means all calendar days except Sundays and the legal public holidays specified in 5 U.S.C. 6103(a), such as New Year’s Day, the Birthday of Martin Luther King, Jr., Juneteenth, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.
A. Rescission
Federal Disclosure Laws:
Federal Disclosures Overview: More Precise Business Day Rule:
The More Precise Business Day Rule counts ALL calendar days, except Sundays and holidays, as a business day. Simply defined-a CALENDAR day is any day on the calendar. So whether an office is conducting business or not, every calendar day counts as a business day unless it is Sunday or an official _____ holiday.
A. Federal
Federal Disclosure Laws:
Federal Disclosures Overview: More Precise Business Day Rule:
NOTE: If a federal holiday is observed on a different day by federal offices, the exempted calendar day is still the ACTUAL federal holiday-not the _____ day. For example, if federal offices close on July 3 because July 4 falls on a Saturday, Saturday is still the official holiday that is NOT counted as a business day.
A. Observed
Federal Disclosure Laws:
Federal Disclosures Overview: More Precise Business Day Rule In Regards To Application Disclosures:
Applies to:
• Determining rescission periods following notice of right to rescind (3 business days)
• Receipt of early and final disclosures IF MAILED OR SENT ELECTRONICALLY(3 business days)
• Waiting period before consummation AFTER EARLY DISCLOSURES (___ business days)
• Waiting period before consummation AFTER REVISED LE (___ business days)
• Waiting period before consummation after delivery of INITIAL CD (3 business days)
• Waiting period before consummation after delivery of REVISED CD (3 business days)
• Waiting period before consummation after _______ disclosures (3 business days)
• Waiting period before consummation or first draw after REVERSE MORTGAGE disclosures (3 business days)
• Waiting period after ESCROW ACCOUNT CANCELLATION notice
(____ business days)
A. 7
B. 4
C. HOEPA
D. 30
Federal Disclosure Laws:
The Loan Estimate:
Key information to be included in a Loan Estimate:
Field: ________
Description: Identifies the DATE that required application disclosures are _____ or _____ to the consumer.
The method of delivering the Loan Estimate and other required disclosures to the applicant does not affect the date issued. For example, if you hand-deliver the Loan Estimate to the consumer on August 14, or you place the Loan Estimate in the mail on August 14, the date recorded as the Date Issued is August 14.
A. Date Issued Field
B. Mailed Out
C. Electronically Delivered
Federal Disclosure Laws:
The Loan Estimate:
APR and Finance Charge Disclosure:
For residential mortgages, the disclosure of the ANNUAL PERCENTAGE RATE (APR) is very important. The APR tells a borrower the total cost of financing a loan in percentage terms as a relationship of the total finance charges to the total amount financed. The APR is not simply the interest rate that appears in the promissory note, known as the ______. Rather, it reflects certain ______ charges associated with the loan that are spread out over the life of the loan. Therefore, the APR is generally ______ than the note rate.
A. Note Rate
B. Finance
C. Higher
Federal Disclosure Laws:
The Loan Estimate:
APR and Finance Charge Disclosure:
It can be a challenge to explain closing costs and fees to consumers, especially to define those fees that are considered finance charges for the purpose of calculating the APR. Regulation Z defines the ____ charge as the COST OF CONSUMER CREDIT AS A DOLLAR AMOUNT. It includes any charge payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit. It does not include any charge payable in a comparable cash transaction.
A. Finance
Federal Disclosure Laws:
The Loan Estimate:
APR and Finance Charge Disclosure:
Fees charged by a mortgage broker (including fees paid by the consumer directly to the broker or the creditor for delivery to the broker) are ______ charges, even if the creditor does NOT require the consumer to use a mortgage broker and does NOT retain any portion of the charge.
A. Finance
Federal Disclosure Laws:
The Loan Estimate:
APR and Finance Charge Disclosure:
One of the most IMPORTANT concepts to remember about the federal Truth in Lending Act is the requirement that lenders provide a UNIFORM METHOD OF FINANCE CHARGE _______. This method is expressing the true cost of credit OVER the term of the loan as a percentage and NOT as a dollar amount.
A. Disclosure
Federal Disclosure Laws:
The Loan Estimate:
APR and Finance Charge Disclosure:
According to Regulation Z, the following are examples of finance charges:
• _______, time price differential, and any amount payable under an add-on or discount system of additional charges
• ________ transaction activity and carrying charges, including any charge imposed on a checking or other transaction account to the extent that the charge exceeds the charge for a similar account without a credit feature
• _____, loan fees, assumption fees, finder’s fees, and similar charges
A. Interest
B. Service
C. Points
Federal Disclosure Laws:
The Loan Estimate:
APR and Finance Charge Disclosure:
The following are EXCLUDED from finance charges:
1. Seller’s _____
2. Interest _____ as a result of an interest reduction REQUIRED by law on a time deposit used as SECURITY for an extension of credit
3. Fees in a transaction secured by real property or in a residential mortgage transaction, if _____ and a reasonable amount, including:
• Fees for _____ examination, abstract of title, title insurance, property survey, and similar purposes
• Fees for preparing loan-related ______, such as deeds, mortgages, and reconveyance or settlement documents
• Notary and ____ report fees
• Property _____ fees or fees for inspections to assess the value or condition of the property if the service is performed prior to closing, including fees related to pest infestation or flood hazard determinations
• Amounts required to be paid into ____ or ____ accounts if the amounts would not otherwise be included in the finance charge
A. Points
B. Forfeited
C. Bona Fide
D. Title
E. Documents
F. Credit
G. Appraisal
H. Escrow or Trustee