Dodd Frank Flashcards
Dodd-Frank
Wall Street Reform and Consumer Protection Act 2010
Purpose of Dodd-Frank
To protect consumers from abusive financial services and practices (put in place to change other laws)
Title X of Dodd-Frank
Created the CFPB
What is the CFPB?
Consumer Financial Protection Bureau
Title XIV of Dodd-Frank
Sets MLO & UW standards, defines who is and is NOT an MLO, Appraisal Activties
What is the record retention for Dodd-Frank?
QM- 3 years
ATR- 3 years
MLO Compensations- 3 years
What is a QM?
- Does not result in an increase in balance (neg am)
Is not interest only - Does not have a balloon payment
- Must verify ATR
- Must verify income
- For ARMs borrower must qualify based on the max rate within the first 5 years of loan
- Meet DTI ratio (BE=43% or less)
- Term cannot exceed 30 years
- Total points and fees cannot exceed 3% of the total loan amount
- Can have a prepayment penalty within the first 36 months only
- Cannot exceed 2% of the outstanding loan balance during the first 2 years
11.Cannot exceed 1% of the outstanding loan balance in the 3rd year
What do lenders get for having a QM loan
QM grants safe harbor for the lender
What is Subtitle A of Title XIV?
- Limitations on MLO Compensation
- Prohibits Steering customers
- Defining who is a MLO and NOT a MLO
What exemptions are there for MLO compensation?
Loan Amount and Volume
What defines a MLO?
- Take a residential mortgage loan application (URLA)
- Assisting consumers in obtaining or applying to obtain a mortgage
- Offer to negotiate the terms of the mortgage
What is NOT a MLO?
- Perform purely admin and clerical tasks
- Performs only real estate brokerage activities
- A person that provides mortgage financing for the sale of 3 properties or less in any 12 month period
What is Subtitle B of Title XIV?
Addresses the minimum ATR underwriting standards for mortgages
What information is needed to address minimum ATR for underwriting standards?
- Current income and assets
- Current employment status
- Monthly mortgage payment for the new loan
- Monthly payment on simultaneous loans secured by the property (2nd lien)
- Monthly payment for the property taxes and insurance
- Monthly DTI
- Credit History
- Debts, alimony, and child support obligations