Chapter 9: Flashcards
HOEPA
- Home Ownership and Equity Protection Act.establishes disclosure requirements and prohibits deceptive and unfair practices in lending. Reg Z
higher-priced loan
a loan where the APR of a mortgage loan exceeds the average prime offer rate by:
1. 1.5% for a first mortgage lien
2. 2.5% for a first lien jumbo loan (loan amount over $453,100)
3. 3.5% for a subordinate mortgage lien
Escrow Account: 5 year minimum
Originator must verify payback ability.
Uses the average prime offer rate as an index.
contribution plan
based on contributions made by the employee, and possibly by the employer (as a company matching contribution) and the plan is controlled by the employee.
defined benefit plan
is a pension plan with sole contributions and control coming from the employer.
non-deferred profits-based compensation plan
any non-deferred compensation arrangement where an individual loan originator may be paid variable, additional compensation based in whole or in part on the mortgage-related business profits of the person paying the compensation, any affiliate, or a business unit in the person’s or the affiliate’s organization.
High Cost Loan
a closed-end loan secured by a borrower’s principal residence. The rules primarily affect refinancing and home equity installment loans. original mortgage - 6.5%. second mortgage - 8.5%. Costs More than 5%.
Section 32
The Home Ownership and Equity Protection Act (HOEPA) of 1994 defines high-cost mortgages. These also are known as Section 32 mortgages because Section 32 of Regulation Z of the federal Truth in Lending Act implements the law. It covers certain mortgage transactions that involve the borrower’s primary residence.