Exam 2 Flashcards
Under RESPA, the servicer may require a borrower to pay into an escrow account to cover disbursements that are unanticipated or disbursements made before the borrower’s monthly payments are available in the account, a cushion or reserve that must be no greater than _____ of the estimated total annual disbursements from the escrow account.
- One half
- One third
- One sixth
- One twelfth
The answer is one sixth. Under RESPA, a lender may require the borrower to establish an escrow account at closing. The loan servicer may require a borrower to pay into the account to cover disbursements that are unanticipated or disbursements made before the borrower’s monthly payments are available in the account. This is the escrow cushion or reserve, which must be no greater than one sixth of the estimated total annual disbursements from the escrow account.
Stan has been in his house for 15 years and built up $100,000 in equity. He decides to do some remodeling and pay off some bills, and he wants to use a closed-end home equity loan to pay for it. He meets with Lending Guys and, because he has a great credit history, gets loan approval right away. Two weeks later he signs the documents. Which of the following is true?
- Stan may rescind the loan at any time during the term of the loan
- Stan’s loan is not subject to provisions of the Real Estate Settlement Procedures Act
- Stan may rescind the loan within 3 business days of consummation
- Stan was required to provide Lending Guys with a Certificate of Completion prior to signing his final documents, indicating that he has completed homeownership counseling with a HUD-approved provider
The answer is Stan may rescind the loan within 3 business days of consummation. A borrower refinancing a primary dwelling with an open or closed end loan may cancel (rescind) the loan within 3 business days following closing. This right does not extend to the entire term. A borrower is NOT required to complete homeownership counseling unless the loan is a high-cost home loan.
For which of the following reasons would it be permissible to refuse to take an application from a potential borrower?
- The applicant has poor credit and you do not feel there is any way that he will meet lender guidelines
- You do not “click” with the applicant and would rather not do business with him
- The lender does not accept applications from the neighborhood where the applicant lives
- The applicant has alluded to the fact that he is submitting false documents in order to qualify for a larger loan
The answer is the applicant has alluded to the fact that he is submitting false documents in order to qualify for a larger loan. A loan originator should not be an accessory to fraud by taking an application based on what he knows or strongly suspects to be fraudulent information. In all other cases, credit decisions should be left to the lender and/or its underwriting department, and should never be based on discriminatory factors or personal whims (not “clicking” with the applicant or denying access to credit based on neighborhood).
Which of the following is true regarding APR tolerance levels?
- The APR is considered accurate if it is not more than one eighth of one percentage point (.125%) above or below the APR determined in accordance with legal requirements
- APR tolerance levels are not a feature of federal law
- The APR is considered accurate generally, if it is not more than one half of one percentage point (.5%) above or below the APR determined in accordance with legal requirements
- Any change in the APR requires re-disclosure
The answer is The APR is considered accurate if it is not more than one eighth of one percentage point (.125%) above or below the APR determined in accordance with legal requirements. The APR is considered accurate generally, if it is not more than one eighth of one percentage point (.125%) above or below the APR determined in accordance with legal requirements (i.e., in accordance with the actuarial method or the United States Rule method); and in an irregular transaction, if it is not more than one quarter of one percentage point (.25%) above or below the annual percentage rate determined in accordance with legal requirements.
Mortgage insurance insures against losses incurred as a result of:
- A borrower’s late payment
- Fire
- Foreclosure
- Natural disaster
The answer is foreclosure. Private mortgage insurance (PMI) is an insurance policy issued to provide protection to the mortgage lender in the event of financial loss due to a borrower’s default that results in foreclosure. In the event of a foreclosure, the insurance company will either purchase the loan or let the lender foreclose and pay the lender for its losses up to the face amount of the policy.
A “straw buyer” is:
- A buyer who is a victim of identity theft
- A buyer who uses another individual’s identity in order to obtain a mortgage for which he or she is not eligible
- A buyer who accepts a fee for the use of his or her Social Security Number and other personal information on a mortgage application
- A buyer who intends to purchase property but does not intend to occupy it
The answer is a buyer who accepts a fee for the use of his or her Social Security Number and other personal information on a mortgage application. A straw buyer is a person who purchases the property or applies for the loan in his or her own name for the actual borrower and is typically paid for the use of his or her personally identifying information.
Under the Fair Housing Act:
- Lending decisions cannot be made based on residency status
- Charging different fees based on race is prohibited
- Lenders must provide clear, plain-language disclosures
- Lenders are required to report demographic information to the federal government
The answer is charging different fees based on race is prohibited. The Fair Housing Act prohibits discrimination in the sale, rental, and financing of any residential housing based on race, color, religion, national origin, sex, familial status, or mental or physical handicap, and therefore, prohibits charging different fees based on race. Residency status is not a protected category under the Fair Housing Act. Disclosure requirements are not imposed by the Fair Housing Act. Government reporting requirements are covered under the Home Mortgage Disclosure Act (HMDA).
This term refers to the practice of adjusting certain types of non-taxable income during underwriting.
- Flopping
- Inflating
- Ballparking
- Grossing up
The answer is grossing up. Certain types of income may be grossed-up during underwriting. Underwriters may gross-up Social Security income, child support, and some other forms of income, subject to limitations based on product type and other guidelines.
Which federal law requires individuals to pass a written exam in order to obtain a mortgage loan originator license?
- Housing and Economic Recovery Act
- Mortgage Professionalism and Accountability Act
- Mortgage Disclosure Improvement Act
- Secure and Fair Enforcement for Mortgage Licensing Act
The answer is Secure and Fair Enforcement for Mortgage Licensing Act. Under the Secure and Fair Enforcement for Mortgage Licensing Act (the SAFE Act), an applicant for a mortgage loan originator license must pass a written national test developed by the NMLS and administered by an approved test provider that covers ethics, federal and state law, and regulations pertaining to mortgage origination, fraud, consumer protection, the nontraditional mortgage marketplace, and fair lending issues. To pass, the individual must achieve a test score of at least 75%.
For an FHA loan that requires MIP, the annual mortgage insurance premium (payable monthly as part of the mortgage payment), is based on all of the following, except:
- Loan term
- State in which the subject property is located
- LTV
- Loan program
The answer is state in which the subject property is located. The FHA funds insurance from a mortgage insurance premium (MIP) charged to the borrower. Most FHA mortgages require payment of an upfront mortgage insurance premium (UFMIP). The UFMIP is nonrefundable (except to the extent that a portion may be applied to the UFMIP of another FHA-insured mortgage within three years). In addition, most FHA loans require payment of an annual mortgage insurance premium, payable monthly as part of the mortgage payment. This premium is based on the loan program, the loan term, and the loan-to-value (LTV) ratio.
Applicants for FHA loans must meet a back end ratio of:
- 41%
- 29%
- 36%
- 43%
The answer is 43%. In general, applicants for FHA loans must meet a back end ratio limitation of 43%.
Supervisory authority afforded to state agencies over the mortgage industry allows them to impose all of the following sanctions, except:
- Order the removal and ban of individuals from employment as loan originators
- Suspend, terminate, or refuse renewal of a loan originator license for a violation of state or federal law
- Assess jail time for fraudulent activities
- Impose civil money penalties for individuals acting as loan originators without a valid license or registration
The answer is assess jail time for fraudulent activities. Under the SAFE Act, the authority of state agencies allows them to impose sanctions including suspending, revoking, or refusing to renew a license in response to violations; ordering restitution and imposing fines; and issuing orders or directives, including ordering or directing licensees to cease and desist from conducting business, including immediate temporary orders to cease and desist. The agencies are not authorized to assess jail time to licensees for any reason.
According to the S.A.F.E. Act, all of the following are nontraditional loan products, except:
- Interest-only ARMs
- Hybrid ARMs
- Reverse mortgages with fixed rates
- Interest-only fixed-rate 30-year mortgage loans
The answer is interest-only fixed-rate 30-year mortgage loans. The S.A.F.E. Act defines a nontraditional loan as any loan product other than a 30-year fixed mortgage. All ARMs have rates that are adjustable. A reverse mortgage does not have a 30-year loan term and may have either a fixed rate or adjustable rate of interest. An interest-only loan is considered a traditional loan under the S.A.F.E. Act definition if it has a fixed rate and a 30-year term, even though the period of interest-only payments would be only five, 10, or 15 years. High-risk loans that might still be considered “traditional” under the S.A.F.E. Act include interest-only fixed-rate, no-money-down, subprime, and alternative-documentation (Alt-A) loans.
A husband and wife own their home as joint tenants. When the husband dies, what happens to his share in the property?
- Transfers according to the probate code
- Transfers to the husband’s heirs
- Transfers to the wife
- Transfers intestate
The answer is transfers to the wife. Joint tenants share equal ownership of the property and have equal, undivided right to keep or dispose of the property. Joint tenancy creates a right of survivorship; if any of the joint tenants die, the remainder of the property is transferred to the survivors. In this case, when the husband dies, his interest in the property would transfer to his wife.
When must loan applicants receive an adverse action notice if they cannot qualify for a loan?
- Within 15 days of loan application
- Within 60 days of loan application
- Within 30 days of loan application
- Within 90 days of loan application
The answer is within 30 days of loan application. An applicant has the right to receive, within 30 days of the creditor’s receipt of an incomplete application, notice of incompleteness with a reasonable time to respond, and within 30 days after receipt of a completed credit application, notice of action taken (i.e., acceptance or adverse action).
Which of the following would not need to be included in the notice of servicing transfer?
- Toll-free number for the old servicer
- Borrower’s payment amount
- Toll-free number for the new servicer
- Effective date of the transfer
The answer is borrower’s payment amount. When a loan servicer sells or assigns loan servicing rights to another loan servicer, the borrower must be sent a servicing transfer statement at least 15 days before the effective date of the servicing transfer. This statement must show the name, address, and toll-free telephone numbers of both the old servicer and the new servicer, as well as the date the new servicer will begin accepting payments.
Even before the adoption of the Dodd-Frank Act and the Ability to Repay Rule, which of the following federal laws created specific requirements for the verification and documentation of a borrower’s repayment ability?
- Home Ownership and Equity Protection Act
- Real Estate Settlement Procedures Act
- Fair and Accurate Credit Transactions Act
- Equal Credit Opportunity Act
The answer is Home Ownership and Equity Protection Act. A lender may not extend credit subject to HOEPA based on the value of the consumer’s collateral without regard to his/her repayment ability as of the date of consummation, including consideration of his/her current and reasonably expected income, employment, assets other than the collateral, current obligations, and mortgage-related obligations (i.e., expected property taxes, premiums for mortgage-related insurance required by the lender, and similar expenses). This prohibition does not apply to temporary (bridge) loans that have terms of 12 months or less.
Which of the following is true regarding a borrower’s intent to proceed with a mortgage transaction as required under federal rule?
- It must be communicated in writing
- It may be communicated however the borrower chooses
- It may not be communicated via email
- It may not be communicated verbally
The answer is it may be communicated however the borrower chooses. A prospective borrower can indicate his/her intent to proceed with a loan in a number of ways, including orally, in person, at the time the Loan Estimate is delivered; by telephone; and in a written communication via e-mail. However, the applicant’s silence (i.e., failure to communicate that he/she will not proceed) may not be used as an indication of intent to proceed.
A lender charges 6% interest on a $200,000, 30-year fixed-rate loan, for a property purchased for $220,000. What is the annual interest on the loan?
- $6,000
- $12,000
- $1,600
- $1,200
The answer is $12,000. To calculate the annual interest: 6% × $200,000 = $12,000.
A(n) _____ is an individual who accepts a fee to falsely claim ownership to a property.
- Straw buyer
- Air buyer
- Straw seller
- Air seller
The answer is straw seller. A straw seller is a person who falsely claims to own a property being sold (which may or may not exist) and is typically paid in exchange for doing so.
Which of the following is NOT required by the BSA?
- Reporting suspicious activity and transactions
- Generating requests for information from FinCEN
- Reporting large currency transactions
- Implementing an anti-money laundering (AML) program
The answer is generating requests for information from FinCEN. Under the BSA, financial institutions are required to establish and maintain procedures designed to ensure their compliance with the law. Federal regulations outline such requirements. Each institution must develop a written anti-money laundering compliance program, which must be approved by the institution’s board of directors. Provisions of the BSA also require a financial institution to report to FinCEN on a CTR any large currency transaction that exceeds $10,000, and to report suspicious activity and transactions to FinCEN using a Suspicious Activity Report (SAR). There is no requirement to generate requests for information from FinCEN.
According to federal law, which of the following circumstances would require the lender to drop a borrower’s private mortgage insurance (PMI) without the borrower’s request?
- The current principal balance is 80% of the original purchase price
- The current principal balance is 78% of the original purchase price
- The current principal balance is 75% of the current appraised value
- The current principal balance is 70% of the current appraised value
The answer is the current principal balance is 78% of the original purchase price. Federal law requires automatic termination of PMI on the date when the principal balance is scheduled to reach 78% of the original purchase price. For PMI to be cancelled on that date, the borrower needs to be current on payments on the anticipated termination date.
Which federal law specifically requires a mortgage loan originator to obtain eight hours of education annually?
- S.A.F.E. Act
- RESPA
- Section 10
- HERA
The answer is S.A.F.E. Act. Under the S.A.F.E. Act, licensees must annually obtain at least eight hours of continuing education courses that have been reviewed and approved by the NMLS. These hours must include three hours of federal law and regulations; two hours of ethics, including instruction on fraud, consumer protection, and fair lending issues; and two hours of training related to lending standards for the nontraditional mortgage product marketplace. States may require more than eight hours and may include requirements for hours of education related to state laws.
When the term “jumbo loan” is used to describe a loan, the loan:
- Is subprime
- Is nonconforming
- Always has a high interest rate
- Has a high loan-to-value ratio
The answer is is nonconforming. Conventional loans that conform to the eligibility guidelines for purchase by Fannie Mae or Freddie Mac are considered conforming loans. Fannie Mae and Freddie Mac have a maximum loan limit for loans they will purchase, which is adjusted annually. Loans to persons with satisfactory credit but that exceed this loan limit are called jumbo loans or nonconforming loans.
Loan-to-value ratio is best described as:
- The loan amount divided by the lower of the appraised value or purchase price
- The appraised value divided by the loan amount
- The down payment divided by the appraised value
- The purchase price divided by the appraised value
The answer is the loan amount divided by the lower of the appraised value or purchase price. The relationship of the loan amount to the value or sales price of the property securing the loan is called a loan-to-value ratio. The loan-to-value ratio (LTV) relates the loan to the lesser of the appraised value or sales price. LTV = loan amount, divided by property value (appraised value) or purchase price, whichever is less.
With regard to adjustable loans with interest rate caps, it is true that:
- The cap period is always one year
- The cap is lower when the adjustment period is longer
- The loan payments can go up when the index plus the margin is less than the rate the borrower has been paying before the adjustment
- The new interest rate cannot exceed the rate ceiling established by the caps
The answer is The new interest rate cannot exceed the rate ceiling established by the caps. When the rate is reset, the index plus the margin cannot exceed the maximum allowable rate which is determined by adding the periodic cap to the current rate.
The cap period is identical to the adjustment period, and does not always equal one year. The cap would be higher when the adjustment period is longer, as the lender cannot make changes as frequently.
Which of the following would not be on a promissory note?
- Amount owed
- Rate of interest and whether the loan is fixed or adjustable
- Borrower’s Social Security Number
- Loan terms
The answer is borrower’s Social Security Number. In the typical real estate sales transaction, the seller gives the buyer a deed at closing and the buyer gives the lender a promissory note and a security instrument (i.e., a mortgage or trust deed) that creates a lien on the property. The promissory note is both a promise to repay the money borrowed with interest and evidence of the debt. It shows the payor and payee, amount owed, rate of interest and whether the loan is fixed or adjustable, due dates for payment, and the loan terms.
Which of the following situations would constitute a kickback as defined in the Real Estate Settlement Procedures Act?
- A mortgage loan originator pays for a borrower’s appraisal because the borrower is the mortgage loan originator’s sister
- A builder offers clients a free three-car garage if they use the builder’s mortgage company for financing
- A mortgage loan originator sends a borrower a $250 gift certificate to thank them for doing business with the mortgage loan originator
- A title company sends a mortgage loan originator a $25 gift certificate, because of the business the loan originator sends the title company
The answer is a title company sends a mortgage loan originator a $25 gift certificate, because of the business the loan originator sends the title company. Under Section 8 of RESPA, it is illegal to give or accept any fee, kickback, or other thing of value under any agreement or understanding, oral or otherwise, that business relating to or part of a settlement service involving a federally-related mortgage loan will be referred to any person. A business entity may not pay any other business entity, or the employees of any other business entity, for the referral of real estate settlement service business. Therefore, a title company that sends a mortgage loan originator a gift certificate because of the business the loan originator sends the title company would be guilty of a kickback in violation of RESPA.
Which of the following is not among the initial disclosures that must currently be provided to a mortgage loan applicant?
- Notice of Right to Cancel
- Mortgage Servicing Disclosure
- Loan Estimate
- Special Information Booklet
The answer is Notice of Right to Cancel. While the Loan Estimate, Mortgage Servicing Disclosure, and Special Information Booklet are all among the initial disclosures that must be delivered to a mortgage loan applicant, the Notice of Right to Cancel is provided at closing.
Advertising an attractive interest rate that a mortgage professional is not at liberty to offer is a major ethical offense and a violation of:
- Regulation Z
- The Equal Credit Opportunity Act
- Regulation X
- The Fair Credit Reporting Act
The answer is Regulation Z. Under the requirements of Regulation Z, an ad may state specific credit terms only if those terms actually are or will be arranged or offered to the consumer. Bait-and-switch credit promotions are not allowed. These involve advertising a loan at very attractive terms and then informing potential customers that, while the advertised loan is not available, a substitute is.
Which of the following does not appear in the Loan Estimate?
- The anticipated ARM rates for the first five years
- The loan term
- Whether the subject loan is assumable
- The property purchase price
The answer is the anticipated ARM rates for the first five years. In the heading of the Loan Estimate, the licensee must indicate the property address and its sale price, as well as the loan’s term. The Other Considerations table provides the applicant with information on appraisals, the homeowner’s insurance requirement, the lender’s late payment policy, loan servicing information, and whether the loan may be assumed or refinanced. Anticipated ARM rates for the first five years of the loan are not disclosed, although the total the applicant will have paid in principal, interest, mortgage insurance, and loan costs for that time period is, in the Comparisons table.
Your borrower does not wish to complete the demographics questions in the Demographic Information section of the 1003. What should you do?
- Complete the section based on a visual observation of the borrower during a face-to-face application
- Leave the section blank
- Tell the borrower his/her loan cannot be funded until the information is obtained
- Refuse to take the application
The answer is complete the section based on a visual observation of the borrower during a face-to-face application. The section titled “Demographic Information” is required by the Home Mortgage Disclosure Act to aid the federal government in monitoring compliance with ECOA. Because supplying this information is strictly voluntary, an applicant who does not wish to do so should check the box provided to indicate his/her decision. When an applicant does not provide this information, an originator taking the application on a face-to-face basis must note the applicant’s sex, race, and ethnicity on the form, based on his/her visual observation and/or the applicant’s surname.
When would it be ethical for a mortgage broker to offer a loan with a rate higher than the best rate available to the borrower?
- Never
- Only when the borrower is unaware and will likely not know
- If the lender agrees to subsidize the broker fee
- If the borrower chooses the rate and plans to use the additional premium to offset closing costs
The answer is if the borrower chooses the rate and plans to use the additional premium to offset closing costs. While a licensee is ethically obligated to offer borrowers the best rates available to them, the concept of suitability emphasizes that the licensee must make a conscientious effort to ascertain and understand all relevant circumstances surrounding the client, and take these circumstances into account. This may include suggesting loan products that might not initially seem to be the best option, but effectively serve a particular borrower’s circumstances.
A purpose of the Home Mortgage Disclosure Act (HMDA) is to:
- Identify possible discriminatory lending patterns
- Ensure that prices of homes are fairly quoted
- Help lenders decide on mortgage interest rates
- Provide borrowers with property listings and their prices
The answer is identify possible discriminatory lending patterns. The HMDA was enacted because of credit shortages in certain urban neighborhoods and the failure of some financial institutions to provide adequate home financing to qualified applicants on reasonable terms and conditions. Its main purpose is to provide the public with information about how well financial institutions are meeting the credit needs of the people in the neighborhoods and communities they serve; aid public officials in targeting public investments so as to attract investments from the private sector; and allow for the public to determine possible discriminatory lending patterns and to assist in enforcing laws against discrimination.
Under which of the following circumstances would flood insurance be required?
- Property is within 100 yards of a body of water
- Property is in flood zone “X”
- Property is in flood zone “A”
- Property is at or below sea level
The answer is property is in flood zone “A”. Flood insurance is required for property improvements located in an SFHA Zone A (an area subject to inundation by a 1%-annual-chance flood event) or a Zone V (an area along the coast subject to inundation by a 1%-annual-chance flood event with additional hazards associated with storm-induced waves).
The S.A.F.E. Act creates several consumer protection provisions. Which of the following is not a provision created through the enactment of the S.A.F.E. Act?
- Encourages responsible behavior through licensing standards
- Provides consumers access to information about originators
- Allows consumers a full refund if the originator is found to have engaged in unethical acts
- Facilitates collection and distribution of consumer complaints between regulators
The answer is allows consumers a full refund if the originator is found to have engaged in unethical acts. The S.A.F.E. Act includes provisions to enhance professional standards within the mortgage industry by imposing licensing requirements, providing consumers access to information about licensees at no charge through its online registry, and facilitating the collection and disbursement of consumer complaints on behalf of state and federal mortgage regulators. While the S.A.F.E. Act does have provisions ensuring compensation to victims of mortgage law violations, it does not guarantee such consumers a full refund in all cases of unethical conduct.
In an FHA loan, which of the following is true regarding the upfront mortgage insurance premium (UFMIP)?
- A portion of it may be applied to the UFMIP of another FHA-insured mortgage
- It is refundable
- It is pertinent to only a small minority of FHA loans
- It takes the place of the annual mortgage insurance premium
The answer is a portion of it may be applied to the UFMIP of another FHA-insured mortgage. The FHA funds the insurance from a mortgage insurance premium (MIP) charged to the borrower. Most FHA mortgages require payment of an upfront mortgage insurance premium (UFMIP). The UFMIP is nonrefundable, except to the extent that a portion may be applied to the UFMIP of another FHA-insured mortgage within three years. In addition, most FHA loans require payment of an annual mortgage insurance premium, payable monthly as part of the mortgage payment. This premium is based on the loan program, the loan term, and the LTV
Every month, a borrower has a car payment of $350, a credit card payment of $50, HOA dues of $35, a cable bill of $40, and a house payment (including taxes and insurance) of $1,250. The borrower’s annual income is $50,000. What is the borrower’s front-end debt-to-income ratio?
- 41.4%
- 30%
- 40.4%
- 30.8%
The answer is 30.8%. A housing or front-end ratio compares the applicant’s monthly housing costs to his/her gross monthly income. Housing costs are referred to as PITI (principal, interest, taxes, insurance). In addition to PITI, any monthly homeowners’ association (HOA) dues, if applicable, would also be included because they are a housing-related debt. Non-housing-related expenses (car payments, credit cards, etc.) are not included in the housing ratio. Housing ratio = housing debts divided by gross monthly income. In this case, $50,000÷12 = $4,166.66. ($1,250+$35)÷$4,166.66 = 0.308 = 30.8%.
For which of the following reasons may a state deny an application for licensure?
- The applicant had an insurance license in another state that wasn’t renewed two years prior to application
- The applicant has current outstanding judgments as a result of medical expenses
- The applicant was convicted of vandalism eight years prior to application
- The applicant had a property foreclosed two years prior to application
The answer is the applicant had a property foreclosed two years prior to application. In order for a state to approve a license application, the applicant must show that he/she has not been convicted of, or pled guilty or nolo contendere to, any felony in any court during the seven-year period preceding the date of the application; or at any time if the felony involved an act of fraud, dishonesty, or a breach of trust or money laundering. Indications of financial irresponsibility include bankruptcy or pattern of bankruptcies, a foreclosure within the past three years, any unpaid judgments (other than those relating to medical expenses), tax or other government liens, or a pattern of paying creditors late.
Which of the following would not be considered a settlement service?
- Servicing
- Escrow services
- Origination services
- Appraisal services
The answer is servicing. Settlement services include a variety of services related to the origination, processing, or funding of a loan, including, among others, rendering credit reports and appraisals, and conducting settlement by a settlement agent (e.g., the originating lender, an attorney, or a licensed escrow agent) and any related services. They do not include loan servicing.
When must a borrower receive notice of whether loan servicing can be assigned, sold, or transferred?
- Never - this disclosure is not required
- Within 30 days of the transfer of servicing
- Within 15 days of the transfer of servicing
- Either at the time of application or within three business days of application
The answer is either at the time of application or within three business days of application. A mortgage servicing disclosure statement discloses whether the servicing of the loan (i.e., collection of payments) may be assigned, sold, or transferred to any other person at any time while the loan is outstanding. It must be delivered to the borrower at application or within three business days.
According to fair lending laws, age may be considered as a factor in denying a loan application if:
- The applicant is too young or too old to understand the terms of the contract
- The applicant is too old to survive the term of the loan
- The applicant is too young to have accumulated savings and requires a gift from his/her parents in order to make a down payment
- A creditor cannot legally discriminate against an applicant in any aspect of a credit transaction on the basis of age, provided that the applicant is of age to enter into a contract
The answer is a creditor cannot legally discriminate against an applicant in any aspect of a credit transaction on the basis of age, provided that the applicant is of age to enter into a contract. The Equal Credit Opportunity Act (ECOA) prohibits discrimination on the basis of age against a loan applicant who is of age to enter into contracts.
Lucy closes a refinance on Betty’s primary residence. However, Lucy forgets to provide Betty with the proper notice of rescission rights. Which of the following is true?
- The transaction is rescindable at any time during the life of the loan
- The transaction is void and should be cancelled
- Betty can rescind for three years from recording
- Betty cannot rescind for three days following recording
The answer is Betty can rescind for three years from recording. If the creditor has failed to provide the required disclosures and notice of the right of rescission, the rescission period may be extended up to the date of the first of the following: three years after the consummation of the transaction, transfer of all of the consumer’s interest in the property, or sale of the property.
Which of the following best describes the benefit of mortgage insurance to the borrower?
- Reduced hazard insurance premiums
- Lower down payment requirements
- Mortgage insurance only benefits the lender
- Relaxed underwriting conditions
The answer is lower down payment requirements. So that he/she may get a loan with a small down payment, a borrower pays a mortgage insurance premium either as a lump sum at closing covering the life of the loan, or by paying the first year’s premium at closing and then paying annual premiums as part of the mortgage payment. The amount of the premium is a percentage of the loan amount based on the borrower’s down payment.
What two main aspects of a loan application does an underwriter examine to determine if lender guidelines are being met?
- Applicant and collateral
- Applicant and credit
- Credit and income
- Credit and collateral
The answer is applicant and collateral. Underwriting is the process of deciding whether to make a loan based on credit, employment, assets, and other factors. To ensure that loans are marketable in the secondary market, the underwriter assesses the borrower’s ability and willingness to repay and the property’s ability to serve as collateral for the debt.
If a consumer contacts a mortgage company, for how long does the established business relationship exemption exist?
- Nine months
- Six months
- 24 months
- Three months
The answer is three months. Under the Do-Not-Call-Act, a company engaging in telemarketing is prohibited from making interstate or intrastate calls to anyone whose number is listed on the Registry, unless an “established business relationship” exists. An established business relationship means a relationship between the company and a consumer based on the consumer’s purchase, rental, or lease of the seller’s goods or services or a financial transaction between the consumer and seller, within the 18 months immediately preceding the date of a telemarketing call. This may also include an inquiry or application regarding an offered product or service, within the three months (90 days) immediately preceding the date of a telemarketing call.
Which of the following best describes the market approach to appraisal?
- A guarantee of value from the appraiser derived by using comparable sales of like properties
- An estimate of market value derived by comparing the subject property to similar properties which have sold
- A comparison of similar properties within two miles of the subject property
- An estimate of value using projected cash flow from the subject property
The answer is an estimate of market value derived by comparing the subject property to similar properties which have sold. The market or market data approach, also called the sales comparison approach, bases the value of a property on the prices paid for similar, or comparable, properties in the area that have sold recently. It is the most reliable method for appraising single-family homes and land.
What is the maximum number of hours of continuing education that may be carried over from any given year to the next in order to meet requirements for license renewal?
- Up to four
- Up to eight
- Zero
- Up to sixteen
The answer is zero. Continuing education hours are valid only for the year they are taken, and may not be carried over from year to year.
Which of the following terms applies to a VA mortgage?
- Certificate of eligibility
- Mortgage insurance certificate
- UFMIP
- Insuring fee
The answer is certificate of eligibility. A VA loan is available only to veterans of the armed services, certain active and discharged military personnel, and their spouses; however, the loan is assumable by nonveterans. In order to obtain the loan, the applicant must obtain a certificate of eligibility from the VA (directly online, through the lender online, or by mail). This will determine whether an individual is eligible for a VA loan and whether he/she is eligible for a loan with the full guarantee.
Richie Rich has been approved for a 90% loan. Richie is under contract to purchase a home for $400,000 and put $5,000 earnest money down with the contract. If Richie’s lender is charging 1% origination, 1% discount, and the title company fees total $1,350, how much does Richie need to bring to closing?
- $49,350
- $46,850
- $43,550
- $48,550
The answer is $43,550. 90% LTV means Richie will need to bring 10% of the purchase price, or $40,000, to closing, minus the $5,000 he already paid as earnest money. To this he must add 1% of the $360,000 loan amount, or $3,600, for the 1% origination fee, and an additional 1% of the loan amount ($3,600) for the discount. Finally, he must add the $1,350 title charge: $40,000 − $5,000 + $3,600 + $3,600 + $1,350 = $43,550.