CHAPTER 7: REVIEW OF FEDERAL LAW - QUICK FACTS BROKEN DOWN Flashcards
RESPA -Real Estate Settlement Procedures Act
Regulation:
Regulation X
Real Estate Settlement Procedures Act
Acronym:
RESPA
RESPA -Real Estate Settlement Procedures Act
Year Created:
1974
RESPA -Real Estate Settlement Procedures Act
Main Purpose:
Educate borrowers on the cost of their loans
RESPA -Real Estate Settlement Procedures Act
Disclosures/Notice Required:
Escrow notices, notice of transfer of loan servicing, ABA
RESPA -Real Estate Settlement Procedures Act
Important Terms Related to this Law:
Kickbacks, referral fees, escrow requirements, transfer of
servicing
RESPA -Real Estate Settlement Procedures Act
Entity Responsible for Enforcement:
CFPB
TILA -Truth in Lending Act
Regulation:
Regulation Z (think TILA-ZILA)
Truth in Lending Act
Acronym:
TILA
TILA -Truth in Lending Act
Year Created:
1968
TILA -Truth in Lending Act
Main Purpose:
Protect consumers from predatory lending practices
TILA -Truth in Lending Act
Disclosures/Notice Required:
HOEPA notice, homeownership counseling notice,
TRID
TILA -Truth in Lending Act
Important Terms Related to this Law:
High-cost loans, ability to repay, higher-priced loans,
qualified mortgage, advertising, right of rescission
TILA -Truth in Lending Act
Entity Responsible for Enforcement:
CFPB
TILA -Truth in Lending Act
Other Laws that have influenced it:
Dodd-Frank
TRID -The TILA-RESPA Integrated DisclosureRule
Regulation:
N/A
The TILA-RESPA Integrated DisclosureRule
Acronym:
TRID
TRID -The TILA-RESPA Integrated DisclosureRule
Year Created:
2015
TRID -The TILA-RESPA Integrated DisclosureRule
Main Purpose:
Simplify the disclosure process
TRID -The TILA-RESPA Integrated DisclosureRule
Disclosures/Notice Required:
Loan Estimate, Closing Disclosure
TRID -The TILA-RESPA Integrated DisclosureRule
Important Terms Related to this Law:
Changed circumstance, tolerances,
summation, application
TRID -The TILA-RESPA Integrated DisclosureRule
Entity Responsible for Enforcement:
CFPB
TRID -The TILA-RESPA Integrated DisclosureRule
Other Laws that have influenced it:
RESPA, TILA
ECOA -The Equal Credit Opportunity Act
Regulation
Regulation B (EBOA)
The Equal Credit Opportunity Act
Acronym:
ECOA
ECOA -The Equal Credit Opportunity Act
Year Created:
1974
ECOA -The Equal Credit Opportunity Act
Main Purpose:
To prevent discrimination on specified protected classes
ECOA -The Equal Credit Opportunity Act
Disclosures/Notice Required:
Notice of Adverse Action, Appraisal Notice, ECOA Notice
ECOA -The Equal Credit Opportunity Act
Important Terms Related to this Law:
Protected class, adverse action; appraisal, disparate impact,
disparate treatment
ECOA -The Equal Credit Opportunity Act
Entity Responsible for Enforcement:
The CFPB
ECOA -The Equal Credit Opportunity Act
Other Laws that are complimentary:
The Home Mortgage Disclosure Act; Fair Housing Act
HMDA - The Home Mortgage Disclosure Act
Regulation:
Regulation C (A good way to remember HMDA and it’s regulation is HMDAC)
The Home Mortgage Disclosure Act
Acronym:
HMDA
HMDA - The Home Mortgage Disclosure Act
Year Created:
1975
HMDA - The Home Mortgage Disclosure Act
Main Purpose:
Used to track information to prevent discrimination
HMDA - The Home Mortgage Disclosure Act
Disclosures/Notice Required:
Monitoring statement on the 1003
HMDA - The Home Mortgage Disclosure Act
Important Terms Related to this Law:
Redlining, blockbusting, disparate impact, disparate treatment
HMDA - The Home Mortgage Disclosure Act
Entity Responsible for Enforcement:
The CFPB
HMDA - The Home Mortgage Disclosure Act
Other Laws that are Complimentary:
ECOA; Fair Housing Act
FCRA - Fair Credit Reporting Act
Regulation:
Regulation V
Fair Credit Reporting Act
Acronym:
FCRA
FCRA - Fair Credit Reporting Act
Year Created:
1970
FCRA - Fair Credit Reporting Act
Main Purpose:
Restricts use of credit reports and requires accuracy on credit repor
FCRA - Fair Credit Reporting Act
Other Laws that are Complimentary:
FACTA
FACTA - Fair and Accurate Credit Transaction Act
Year Created:
2003
FACTA - Fair and Accurate Credit Transaction Act
Main Purpose:
Improves consumer access to credit information; Provides avenues for the
resolution of consumer disputes; Helps to prevent and detect
identity thef
FACTA - Fair and Accurate Credit Transaction Act
Disclosures/Notice Required:
Notice to Home Loan Applicant
FACTA - Fair and Accurate Credit Transaction Act
Important Terms Related to this Law:
Identity theft, consumer disputes
FACTA - Fair and Accurate Credit Transaction Act
Entity Responsible for Enforcement:
CFPB
FACTA - Fair and Accurate Credit Transaction Act
Other Laws that are Complimentary:
FACTA
Telemarketing Rules & Do Not Call
Regulation:
N/A
Telemarketing Rules & Do Not Call
Year Created:
2003
Telemarketing Rules & Do Not Call
Main Purpose:
To implement and enforce the Do-Not-CallRegistry
Bank Secrecy Act / Anti-Money Laundering (BSA/AML)
Regulation:
N/A
Bank Secrecy Act / Anti-Money Laundering
Acronym or Nickname:
BSA/AML
Bank Secrecy Act / Anti-Money Laundering (BSA/AML)
Year Created:
1970
Bank Secrecy Act / Anti-Money Laundering (BSA/AML)
Main Purpose:
To prevent money laundering
Bank Secrecy Act / Anti-Money Laundering (BSA/AML)
Disclosures/Notice Required:
N/A but yearly education required
Bank Secrecy Act / Anti-Money Laundering (BSA/AML)
Important Terms Related to this Law:
Money laundering, suspicious activity report
Bank Secrecy Act / Anti-Money Laundering (BSA/AML)
Entity Responsible for Enforcement:
FinCEN
Gramm-Leach-Bliley Act or Financial Modernization Act
Regulation:
N/A
Gramm-Leach-Bliley Act or Financial Modernization Act
Acronym:
GLBA
Gramm-Leach-Bliley Act or Financial Modernization Act
Year Created:
1999
Gramm-Leach-Bliley Act or Financial Modernization Act
Main Purpose:
Protectconfidentialityof non-public personal information
Gramm-Leach-Bliley Act or Financial Modernization Act
Disclosures/Notice Required
Privacy Notice
Gramm-Leach-Bliley Act or Financial Modernization Act
Important Terms Related to this Law:
Non-public personal information, pretexting
The MAP Rule - Mortgage Acts and Practices
Regulation:
Regulation N
Mortgage Acts and Practices
Acronym:
The MAP Rule
The MAP Rule - Mortgage Acts and Practices
Year Created:
2011
The MAP Rule - Mortgage Acts and Practices
Main Purpose:
Regulate Advertising
The MAP Rule - Mortgage Acts and Practices
Disclosures/Notice Required:
N/A
The MAP Rule - Mortgage Acts and Practices
Important Terms Related to this Law:
Commercial communication,
product, mortgage credit term
The MAP Rule - Mortgage Acts and Practices
Entity Responsible for Enforcement:
The Federal Trade Commission
The MAP Rule - Mortgage Acts and Practices
Other Laws that are complementary:
TILA
The Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and
Obstruct Terrorism” Act
Regulation:
N/A
The Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and
Obstruct Terrorism” Act
Acronym or Nickname
USA Patriot Act
The Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and
Obstruct Terrorism” Act
Year Created
2001
The Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and
Obstruct Terrorism” Act
Main Purpose:
Requires identification to be provided for mortgage loans with the
purpose of identifying terrorists
The Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and
Obstruct Terrorism” Act
Important Terms Related to this Law:
Terrorism, terrorist, money laundering, financial crimes
The Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and
Obstruct Terrorism” Act
Entity Responsible for Enforcement:
Financial Crimes Enforcement Network (FinCEN) under the
United States Department of the Treasury
The Electronic Signatures in Global and National
Commerce Act
Regulation:
N/A
The Electronic Signatures in Global and National
Commerce Act
Acronym or Nickname:
E-Sign Act
The Electronic Signatures in Global and National
Commerce Act
Year Created:
2000
The Electronic Signatures in Global and National
Commerce Act
Main Purpose:
Allows for electronic signatures on mortgage loan
documents
The Electronic Signatures in Global and National
Commerce Act
Disclosures/Notice Required:
Prior Consent, Notice of Availability of Paper Records
The Electronic Signatures in Global and National
Commerce Act
Important Terms Related to this Law:
e-signatures
Homeowners Protection Act
Regulation:
N/A
Homeowners Protection Act
Acronym:
HPA
Homeowners Protection Act
Year Created:
1998
Homeowners Protection Act
Main Purpose:
Regulates private mortgage insurance
Homeowners Protection Act
Important Terms Related to this Law:
Private mortgage insurance (PMI) and Loan to Value (LTV)