Ecoa Flashcards

1
Q

Econ covers

A

All types of credit

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2
Q

ECOA includes the following prohibited bases

A
Race
Age
Marital Status
Religion
National origin
Color

RAMRNC

Also receipt of public service assistance

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3
Q

ECOA covers what type of credit evaluation methods

A

All judgements and credit scoring

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4
Q

Exceptions to ECOA include

A

Public utilities credit

Incidental credit ( less than 4 installments, not a credit card account)

Government credit

Securities credit

PIGs

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5
Q

True or false. All aspects of credit transaction are covered under ECOA. Like

A

True

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6
Q

ECOA three step process

A

Consumer prices disproportionate adverse effect

Creditor proves manifest relationship between the practice and creditworthiness

Consumer show alternative policy or practice that net the same result without disproportionate adverse effect

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7
Q

Creditors cannot discourage applicants by

A

Making statements to discourage some one from applying

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8
Q

Definition of an application

A

Oral or written request for credit

Information entered into a computer system

An inquiry when creditor evaluates the information and decided to grant or decline the request

Requests for written preapprovals

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9
Q

A completed application is one where

A

Information that it regularly receives to make a credit decision has been sent

If information has not been sent, the creditor must make a good effort to receive it

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10
Q

Disclosures must be in a form that the applicant can keep except disclosures for

A

Monitoring information

Alimony or child support

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11
Q

Can disclosures be made in any language

A

Yes provided English disclosures are available upon request

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12
Q

Can marital status be a basis to grant credit

A

No but it can be used to consider rights and remedies.

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13
Q

True or false

Married and unmarried applicants can be underwritten using different standards

A

False

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14
Q

Should a creditor determine if a person is old enough to enter a contract

A

Yes

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15
Q

A creditor may consider age as it relaxers to another pertinent element of credit worthiness such as time until retirement if what type of underwriting is used

A

Judgements

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16
Q

For age a creditor may age as a predictor indicator if

A

The system is empirically derives and demonstrably and statistically sound

17
Q

Protected income under ECOA means

A

May not consider if income from a public assistance But May consider length of Time the income Will be received

Cannot discount
Part time income
Pensions
Retirement benefits
Alimony
18
Q

T/F. Child bearing assumptions can be used to determine income

19
Q

T/F

May consider if the applicant has a phone in their name

A

False, but can consider if there is a phone at the residence

20
Q

Can immigration status be considered as part of the credit decision

21
Q

For qualified applicants, the creditor may not require signature of spouse if

A

Applicant qualifies alone

If the applicant does not qualify alone, the can ask for a co-signer or guarantor but still may not require the spouse

22
Q

The times a creditor may request the signature of the spouse are

A

Property in community property state

Applicant relies on property owned by another

23
Q

Are business purpose loans subject to the same spousal signature rules

24
Q

To comply with ECOA spousal rules compliance should include

A

A review of polices

Training to staff

Monitoring and auditing programs

25
For existing open end accounts, unless the applicant is unwilling to pay a creditor may not do the following based on applicants age, retirement, marital status
Require reapplication Change terms of the account Terminate an open end account
26
Can a creditor use a prohibited basis to trigger a request for updates information
No
27
The folk constitute a adverse action
Refusal to grant credit on requested terms Termination of an account Unfavorable change in terms with an account Denial of an increase request A counter offer that is rejected by the applicant
28
The following do not constitute a adverse action
Agreed upon change in terms Forbearance activity Lender does not offer that product Credit is prohibited by law Counter offer is accepted
29
Applicants must be notified within 30 days of
Receiving a completed application 30 days after taking adverse action on incomplete application 30 days after taking adverse on an account 90 days after a counter offer is not accepted
30
For multiple applications, notice should be given to
The primary applicant
31
Notification content must contain
Statement of action ECOA notice Name and address of creditor Name and address of federal agency that administers creditors compliance with ECOA SCENN
32
For business credit applications, the notice may be give. Orally or in writing at the time
The adverse action is taken However if orally, creditor must inform applicant they can get a copy of it in 30 days
33
For business with gross revenues more than a million the preceding year the bank must
Notify the applicant in a reasonable time Provide written statement within a reasonable time Provide written request in 60 days if borrower requests
34
Notice of incompleteness must be sent
30 days of receipt of applicantion It should specify the information needed Designate a reasonable time to provide the information Let applicant know. If info is not received no further action will be taken
35
Applicant must get a copy of evaluation if loan is a
First lien on a dwelling
36
Appraisals must be given within_______ days prior to consummation
3 unless borrower waives right and wants it at consummation or account opening Note waivers must be in writing and received 3 days before consumation
37
If joint applicants, information must be transmitted to the credit bureau agency in a way that
Allows access to the information in each name of each spouse
38
Applicants must be retained do
25 months from the notication of action taken. The following items should be maintained Application Notice of action taken Any statements from applicant alleging violation of reg b