Ethics Flashcards
For a licensed mortgage professional, paying compensation for referrals is:
Unethical, and a violation of federal law
Federal law enacted with intent to make it easier to prosecute mortgage fraud
Fraud Enforcement and Recovery Act
Mishandling and/or improperly managing a borrower’s funds is a practice prohibited by
RESPA
a person used to buy property and conceals the identity of the actual owner because they cannot qualify is called a
straw buyer
Red Flags Rule falls under
FACTA and FTC
How long does a borrower have to move into property to be considered primary occupancy?
60 days
The Fraud Enforcement and Recovery Act was signed into law in May 2009. It increased the penalties for a federal conviction for MORTGAGE FRAUD to :
$1,000,000 fine AND 30 years in prison
Constructive Fraud
Unintentional, result of negligence
RESPA
3 conditions an affiliated business must meet in order to satisfy the exception for referrals:
- Disclosure of the relationship; written
- No required use of the referred entity
- Limitations on the “things of value” resulting from the arrangement (marketing swag is ok)
Equity based lending prohibited under
HOEPA
PENALTIES
State Regulatory Agency
up to $25k per violation
PENALITIES
RESPA, Seciton 8
$10k and 1 year prison
PENALTIES
TILA
$5K AND 1 YEAR
PENALITIES
DNC
$43,792 per violation