Exam 6 Flashcards
A fee may be charged for preparing or delivering a Closing Disclosure if:
The consumer requests a revised copy
The consumer requests one or more duplicate copies
A fee may not be charged for preparing or delivering a Closing Disclosure
The fee does not exceed .5% of the loan amount
The answer is a fee may not be charged for preparing or delivering a Closing Disclosure. A fee may not be charged for preparing or delivering a Closing Disclosure.
A creditor must provide an Affiliated Business Arrangement Disclosure to a loan applicant:
Only if the creditor will receive a referral fee from the provider of settlement services
At the same time that it refers a loan applicant to any provider of settlement services
Only if the loan applicant was referred to the creditor as a provider of mortgage credit
At the same time that it refers a loan applicant to an affiliated provider of settlement services
The answer is at the same time that it refers a loan applicant to an affiliated provider of settlement services. Creditors are required to offer an Affiliated Business Arrangement Disclosure at the same time that they refer a consumer to an affiliated provider of settlement services.
A fee that lenders may receive for selling or transferring their right to service a mortgage loan is called:
Yield spread premium
Margin
Service release premium
Finance charge
The answer is service release premium. When a lender gives up its right to service a loan through sale or transfer of that loan, the lender may receive a service release premium in exchange for relinquishing its right.
For which of the following reasons would a borrower be more likely to choose a 15-year fixed loan over a 30-year fixed?
To minimize the monthly payment amount
To maximize the tax credit for mortgage interest
To minimize closing costs
To pay less interest over the life of the loan
The answer is to pay less interest over the life of the loan. A 15-year mortgage shortens the amortization period and therefore decreases the amount of interest paid over the life of the loan. While the term of the loan would not make a difference in total principal paid back, the interest amount would be considerably less on a $200,000 loan for a 15-year term than for a 30-year term.
What is the LTV for a loan in the amount of $525,000 and a property with an appraised value of $750,000?
70%
75%
68%
80%
The answer is 70%. To determine LTV, simply divide the loan amount by the value of the property. $525,000 / $750,000 = 70%
Sally and Ben have lived in their home for ten years and are considering shortening their term. Which of the following appraisal approaches would be best?
Income approach
Cost approach
Market comparison approach
Sales comparison approach
The answer is sales comparison approach. The sales comparison approach is most commonly used and involves the comparison of three similar, recently-sold properties.
VA loans require a funding fee under all of the following conditions, except:
The veteran makes a 10% down payment
The veteran is disabled
The veteran is using his/her eligibility for a second time
The veteran is using his/her eligibility for the first time
The answer is the veteran is disabled. A veteran who is disabled does not pay a funding fee.
Under ECOA, the Attorney General may take action against a creditor who appears to have engaged in:
A pattern or practice of discrimination
Straw selling
Redlining
A pattern or practice of mortgage fraud
The answer is a pattern or practice of discrimination. Under ECOA, the Attorney General may take action against a creditor who appears to have engaged in a pattern or practice of discrimination.
In which of the following scenarios would it be appropriate to conduct an appraisal using a cost approach?
An appraisal is done on a new home being built for a first-time homebuyer
A borrower wants to refinance his/her primary residence to lower the cost
An investor is having an appraisal done on his/her rental
A buyer is determining the value of a home he/she has under contract
The answer is an appraisal is done on a new home being built for a first-time homebuyer. The cost approach is generally used on new home construction (among other reasons). This approach arrives at a value by estimating the value of the land, as if vacant, and adding the cost to build the house.
What is the name of the disclosure required for HELOCs?
Financial Advantages of Second Mortgages
CHARM Booklet
Your Home Loan Toolkit: A Step-by-Step Guide
What You Should Know about Home Equity Lines of Credit
The answer is What You Should Know about Home Equity Lines of Credit. The disclosure required by TILA for HELOCs is called “What You Should Know about Home Equity Lines of Credit.”
If a mortgage broker agrees to serve a loan applicant as his or her agent, the broker owes _____ to the applicant.
A fiduciary duty
A fidelity agreement
A financial partnership
Power of attorney
The answer is a fiduciary duty. If a mortgage broker agrees to serve a loan applicant as his or her agent, the broker owes a fiduciary duty to the applicant.
In order to meet the federal S.A.F.E. Act requirements, a state licensing agency must provide for all of the following, except:
Participation in the NMLS
Setting renewal or reporting dates
The creation of a separate agency
Conducting background checks
The answer is the creation of a separate agency. In overseeing mortgage loan originators, a state must provide effective supervision and enforcement. Effective supervision by a state includes participation in the NMLS, the writing of rules and regulations necessary to the licensing of loan originators, conducting background checks, the setting and resetting of renewal or reporting dates, and taking appropriate enforcements actions.
Under Regulation Z, an advertisement for a home equity line of credit that exceeds the fair market value of a home must include which of the following statements?
Interest on the portion of the credit that exceeds market value is deductible at 50% of its normal value
Only a portion of interest that is charged in excess of $10,000 annually is deductible from income taxes
The borrower should consult a tax advisor regarding deductibility of interest
The borrower may no longer deduct interest on a home equity line of credit
The answer is the borrower should consult a tax advisor regarding deductibility of interest. An advertisement for a home equity line of credit that exceeds the fair market value of a home must include a statement that the borrower should consult a tax advisor regarding deductibility of interest.
Which of the following terms is allowed in a high-cost mortgage?
Terms that permit a payment schedule resulting in negative amortization
An advanced payment
A variable interest rate
A prepayment penalty
The answer is a variable interest rate. High-cost mortgages are permitted to have a variable interest rate, however, negative amortization, advanced payments, and prepayment penalties are not allowed.
Which of the following would be subject to the ATR Rule?
A purchase money mortgage
A reverse mortgage loan
A construction loan
A purchase money mortgage made by a housing finance agency
The answer is a purchase money mortgage. A purchase money mortgage would be subject to the ATR Rule.
The _____ is ultimately responsible for ensuring that the borrower receives a Closing Disclosure.
Settlement agent
Creditor
Seller
Mortgage broker
The answer is creditor. The creditor is ultimately responsible for ensuring that the borrower receives a Closing Disclosure.
For which of the following transaction types would a creditor not be required to provide the consumer with a Loan Estimate?
A purchase money mortgage
A closed-end home equity loan
A home equity line of credit
A refinance of an existing mortgage
The answer is a home equity line of credit. A Loan Estimate would not be required in a transaction for a home equity line of credit.
What is the purpose of the Fair Credit Reporting Act?
To prevent lenders from using credit to determine creditworthiness in order to mitigate the losses incurred by borrowers who were under-qualified for loans
To ensure accuracy, fairness, and the privacy of consumers’ personal information assembled and used by consumer reporting agencies
To use special obligations on users and furnishers to limit credit availability
To protect the rights of lenders in the event of default
The answer is to ensure accuracy, fairness, and the privacy of consumers’ personal information assembled and used by consumer reporting agencies. The FCRA was enacted to protect the consumer in any transaction involving the use of credit reports. It is meant to govern the accuracy, fairness, and privacy of a consumer’s information when it is assembled for the purposes of credit evaluation.
A home equity conversion mortgage (HECM) is a type of _____ that is made pursuant to guidelines established by the _____.
Reverse mortgage/Federal Trade Commission
Home equity loan/CFPB
Reverse mortgage/FHA
Home equity loan/HUD
The answer is reverse mortgage/FHA. HECMs are reverse mortgages that are offered in compliance with program guidelines set by the FHA and HUD.
The Phillips family has a joint gross monthly income of $11,300. The $499 lease payment for their car expires in four months. A student loan that has been deferred will kick in at the end of the year, and payments will be $210 monthly. Joe Phillips pays child support for his children with his first wife in the amount of $2,200 per month, but $600 of that will drop off in four months when his oldest son turns 18. They are buying a new home with a loan that carries a $2,700 a month payment. What is their housing ratio?
29%
38%
24%
41%
The answer is 24%. Housing ratio is only concerning the ratio between housing expenses and gross monthly income. In this case, their housing expenses ($2,700), divided by gross monthly income ($11,300) equals 24%.
If a lender is comfortable with existing data on a property being used as collateral for a rate and term refinance, what might be permitted?
A waiver of the rescission period
A silent second
A property inspection waiver
A streamline close
The answer is a property inspection waiver. A property inspection waiver may be allowed if the lender is comfortable with existing data on a property used as collateral for a rate/term refinance.
A rent credit is used in a purchase transaction:
If the seller is “renting back” after closing until he/she is ready to move into the new home
If the buyer has to rent a place to live until the purchase is settled
When the seller credits a portion of previous rent paid as a source of down payment
When there is a delay in settling, and the builder is forced to put the buyer up in a hotel
The answer is when the seller credits a portion of previous rent paid as a source of down payment. A rent credit is used to help a borrower with down payment when purchasing a home he/she previously rented. The previous owner would credit a portion of the rent toward the down payment.
Cindy bought a home and closed on a 6.0% rate for 30 years. The loan includes a payment feature that allows Cindy to make a $1,400/month payment for the first five years, and a $1,800/month payment for the remainder of the loan. What type of loan is this?
Variable
ARM
Option ARM
Fixed rate
The answer is fixed rate. This loan is a fixed-rate loan (at 6% for 30 years). The payment example shows an interest-only feature for the first five years and then a fully-amortized payment for the remainder of the loan.
The term “adjustment interval” refers to:
The amount an ARM can adjust between the start rate and rate ceiling
The time it takes for a margin to move from start rate to rate ceiling
The time period between adjustments for an ARM
The movement of the index to which an ARM is tied
The answer is the time period between adjustments for an ARM. Adjustment interval is the time period between ARM adjustments.
Which of the following fees must be included in the calculation of finance charges?
Appraisal fees
Seller’s points
Credit reporting fees
Origination fees
The answer is origination fees. TILA requires charges for origination fees to be included when calculating the finance charge.
Which of the following is least likely to happen if a loan is found to be fraudulent by the servicer?
Broker must buy back the loan
Lender calls the loan due
Originator must pay back commissions
Interest rate is increased on the loan
The answer is interest rate is increased on the loan. If a loan is discovered to be fraudulent by the servicer, a broker may be required to buy the loan back, repay any commissions earned on it, and the lender may actually call the loan due. However, it is very unlikely that a lender would raise the rate and continue collecting payments.
Which of the following types of loans is not a conventional mortgage?
Nonconforming loan
Non-qualified mortgage
FHA loan
Subprime loan
The answer is FHA loan. Conventional loans include a wide range of loan types except for government-insured and guaranteed loans such as FHA loans, USDA loans, and VA loans.
Which of the following is used as a method of identifying and holding licensees accountable, according to the S.A.F.E. Act?
Loan originator financial and ethical disclosures
Records of annual loan originator volume
Unique identifier
CSBS number
The answer is unique identifier. The “unique identifier” is the official description of the NMLS number, which is used to track and hold accountable all licensed entities and individuals in the mortgage lending industry.
A licensee may attempt a qualified written exam three consecutive times, each occurring at least _____ days after the preceding test.
30
45
90
180
The answer is 30. A licensee is permitted three total attempts, with at least a 30-day waiting period in between each attempt, after which a 180-day waiting begins before a fourth attempt can be made.
Loans are originated and funded in the:
Secondary mortgage market
Reverse mortgage market
Subprime mortgage market
Primary mortgage market
The answer is primary mortgage market. Loans are originated and funded in the primary mortgage market.
Which of the following is an example of the discriminatory practice of steering?
Refusing to originate loans for borrowers in a particular ZIP code
Limiting the scope of business to a 100-mile radius of the office
Approving a loan based on the borrower’s equity rather than his or her ability to repay the loan
Showing a borrower of a particular race or ethnicity properties in a specific neighborhood regardless of the borrower’s interests or financial capacity
The answer is showing a borrower of a particular race or ethnicity properties in a specific neighborhood regardless of the borrower’s interests or financial capacity. In fair lending terms, steering is the practice of directing a potential homebuyer in a particular direction based on his or her demographics and without regard to his or her interests or financial capacity. This should not be confused with the separate predatory lending practice called steering, in which mortgage professionals coerce or otherwise guide consumers to accept loan terms that are more expensive than they need in order to increase profits.
Sharing a borrower’s personal financial information for purposes other than what it was provided for is a violation of what act?
GLB Act
S.A.F.E. Act
TILA
Homeowners Protection Act
The answer is GLB Act. The Gramm-Leach-Bliley Act governs the use of non-public personal information and how it can be shared amongst affiliated third parties.
On which portion of the redesigned loan application would one find a street address of the property and whether it will be a primary or secondary residence?
Section 1
Section 9
Section 8
Section 4
The answer is Section 4. Section 4 of the 1003, “Loan and Property Information,” provides information about the property, including its street address and how it will be used.
For a fee, a real estate licensee offers a mortgage company the names and telephone numbers of all of the people who attended an open house, but the mortgage company does not accept the offer. Who is in violation of RESPA?
The mortgage company
The real estate licensee
Both the mortgage company and the real estate licensee
Neither the mortgage company nor the real estate licensee
The answer is the real estate licensee. The real estate licensee is in violation of RESPA. The real estate licensee is attempting to provide referrals of business to a mortgage licensee in exchange for a fee, in direct violation of RESPA’s prohibition against such activity. By refusing to accept the offer, the mortgage company avoids also violating the law.
The Equal Credit Opportunity Act requires a Notice of Incomplete Application be provided to a borrower:
Within 15 days of application, if the application is missing required information
Within 30 days of application, if the application is missing required information
If the borrower has provided less than five years’ residence history
Within three days of discovery of incomplete application
The answer is within 30 days of application, if the application is missing required information. ECOA requires the borrower to know the status of his/her loan within 30 days of application. This includes letting the borrower know, within 30 days, that his/her application needs to be completed in order for any further consideration of the file.
Which of the following individuals might be involved in appraisal fraud?
Mortgage broker
Borrower
All of these answers are correct
Appraiser
The answer is all of these answers are correct. It is not likely that an appraiser, of his/her own volition, would decide to overinflate a value. Often, inflated appraisals are a result of the conspiratorial efforts of many involved in the process.
Which of the following loan types considers residual income in qualification?
VA
HPML
FHA
USDA
The answer is VA. The VA loan considers residual income as part of qualification.
The law requires that first-time borrowers complete counseling with a HUD-approved counselor before accepting a loan that features:
Negative amortization
A fixed interest rate
An adjustable interest rate
A 15-year term
The answer is negative amortization. The law requires that first-time borrowers complete counseling with a HUD-approved counselor before accepting a loan that features negative amortization. This is a requirement that applies specifically to first-time homebuyers.
Which of the following would not be considered behavior that constitutes honest, fair, and nondiscriminatory lending?
Advertising loans that are not actually available
Charging reasonable fees
Maintaining the confidentiality of a borrower’s personal information
Conducting business fairly and honestly
The answer is advertising loans that are not actually available. Advertising loans that are not actually available is behavior that would not be considered ethical, honest, and fair.
Which of the following is considered “reasonably reliable” evidence to verify the repayment ability of a borrower?
IRS W-2s, tax returns, and payroll receipts
IRS W-2s, tax receipts, and bank deposit receipts
Previous mortgage statements and canceled checks
Tax returns, Comptroller’s certification, and CPA letter
The answer is IRS W-2s, tax returns, and payroll receipts. The Ability to Repay Rule requires that a borrower document his/her ability to repay the loan, using “reliable evidence” such as W-2s, tax returns, and payroll receipts.
Generally, the first lien recorded has priority, with the possible exception of:
Mortgage liens
Mechanic’s liens
Child support liens
Consensual liens
The answer is mechanic’s liens. The first lien recorded has priority. One possible exception is mechanic’s liens, depending on state law.
Tom, a mortgage loan originator, accepts the Carters’ loan application and negotiates the terms of their loan. Mortgages R Us, the lender, prepares all of the required paperwork and arranges for loan closing. Once the documents are signed, Mortgages R Us funds the loan. All of these actions are considered to be part of:
A consumer credit transaction
Completion of settlement services
The origination of a residential mortgage loan
A state licensing agency’s responsibilities
The answer is origination of a residential mortgage loan. Origination of a residential mortgage loan involves all residential mortgage loan-related activities from the taking of a loan application through completion of all required closing documents and the funding of the residential mortgage loan.
When a loan originator accepts a referral fee from a real estate agent, both are in violation of what section of RESPA?
Section 10
Section 12
Section 6
Section 8
The answer is section 8. Section 8 of RESPA deals with the prohibition against giving or receiving anything of value pursuant to an agreement or understanding.
The primary purpose of the FTC Red Flags Rule is:
Preventing the overvaluation of real estate
Improving the accuracy of information in consumer credit files
Identifying, mitigating, and preventing identity theft
Establishing methods for protecting consumer personal information
The answer is identifying, mitigating, and preventing identity theft. The FTC Red Flags Rule focuses on methods of detecting a security breach that may lead to identity theft within a financial institution that maintains a covered account on behalf of the customer.
A state licensing agency granted Crook Cromwell a license to act as a mortgage loan originator. Subsequent to the granting of the license, the agency received a supplemental criminal history report which indicated that Crook had been convicted of a money laundering charge in another state. What action can the state licensing agency take?
Issue a temporary cease and desist order
Refuse to renew Crook’s license
Require a hearing with Crook before any other action can be taken
Condition issuance of the license against future bad acts
The answer is issue a temporary cease and desist order. The state licensing agency may enter a temporary order requiring a person to cease doing business under a license if it determines that the license was erroneously issued.
Giani and Maria are attempting to purchase a house in a new neighborhood. Maria is four months pregnant with their first child, and they are making the move to set themselves up in their dream neighborhood to raise a family. Two weeks after the initial interview, their broker calls to inform them that they have been denied for a loan. The broker continues to say that he mentioned to his underwriter that Maria probably planned to stay at home for a year after having the baby. With that, the underwriter did not allow her income to be used for qualification. This broker is in violation of what law?
ECOA
FCRA
HMDA
TILA
The answer is ECOA. The Equal Credit Opportunity Act strictly prohibits the assumption that a woman will discontinue working once she has had a baby.
Kelsey is a registered loan originator who is employed by the Your Home Town Bank, a depository institution regulated by a federal banking agency. Each of the following is a federal banking agency, except the:
Board of Governors of the Federal Reserve System
Comptroller of the Currency
Federal Home Loan Mortgage Corporation
National Credit Union Administration
The answer is Federal Home Loan Mortgage Corporation. The federal banking agencies include the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the National Credit Union Administration, and the Federal Deposit Insurance Corporation.
Which federal law includes provisions that address misleading and deceptive advertising practices?
TILA
RESPA
HMDA
ECOA
The answer is TILA. TILA includes provisions that address misleading and deceptive advertising practices.
Which document actually contains the borrower’s promise to repay the loan?
The deed
The note
The mortgage
The TIL
The answer is the note. Neither the mortgage nor the deed of trust actually contain the borrower’s contractual promise to repay the loan. The note, or promissory note, is the borrower’s promise to repay the loan.
Mary is purchasing her first home with an HPML. When her loan officer is reviewing the transaction with her, he tells her that she must establish an escrow account:
Three business days after consummation of the loan
Before consummation of the loan
Before the first periodic payment is due
At the time of consummation
The answer is before consummation of the loan. Mary must establish an escrow account prior to the consummation of the loan.