Exam 8 Flashcards
If a first-time homebuyer wishes to use his/her VA loan privilege for the first time and is not planning to make a down payment, what is the amount of his/her funding fee?
- 30%
- 30%
- 50%
- 25%
The answer is 2.30%. The funding fee for a first-time user who is regular military, purchasing a home using a VA loan, is 2.30%.
The back-end ratio compares:
Monthly mortgage payments to monthly gross income
Total monthly housing expenses (including principal, interest, taxes, and insurance) to monthly gross income
Total monthly debts (including housing expenses plus other debts) to monthly gross income
Total monthly debts unrelated to housing expenses to monthly gross income
The answer is total monthly debts (including housing expenses plus other debts) to monthly gross income. Unlike the front-end ratio, which focuses only on housing-related expenses, the back-end ratio focuses on housing expenses plus other debts.
All of the following are true of FHA fixed-rate loans, except:
Borrowers are only required to carry MIP until the LTV reaches 78%
They are available in 15- and 30-year terms
They require upfront MIP on all loans
Borrowers must make at least a 3.5% investment
The answer is borrowers are only required to carry MIP until the LTV reaches 78%. A borrower with an FHA loan is required to pay both upfront and annual MIP. After June 3, 2013, FHA loans with an LTV less than or equal to 90% will require MIP until the end of the loan term or the first 11 years, whichever comes first. For FHA loans with an LTV greater than 90%, MIP will be required until the end of the loan term or the first 30 years, whichever comes first.
If an ARM loan starts at 3%, is locked for five years, and then adjusts annually, how many adjustments will occur by the end of year seven?
Two
Five
One
Impossible to determine
The answer is two. If an ARM loan starts at 3%, is locked for five years, and then adjusts annually, two adjustments will have occurred by the end of year seven (once at the start of year six and once at the start of year seven).
The diligent matching of loan programs with the current financial circumstances of each customer is known as:
Tangible net benefit
Loan standards
Finance corroboration
Loan suitability
The answer is loan suitability. “Loan suitability” is the term used when matching a borrower’s circumstances with an appropriate product for his/her needs. This also leads to determining whether or not there is an actual tangible net benefit.
After meeting with the Rolles to discuss their mortgage needs, loan originator Gerta Grimm reviews various available loan products. After selecting what she thinks would best fit their needs, she arranges another meeting to present the terms of each product for the Rolles’ consideration. This is an example of:
Taking a mortgage loan application
Facilitating a mortgage loan
Arranging mortgage loan terms
Offering or negotiating mortgage loan terms
The answer is offering or negotiating mortgage loan terms. An individual offers or negotiates terms of a residential mortgage loan for compensation or gain if the individual presents for consideration by a borrower or prospective borrower particular residential mortgage loan terms.
Unilateral increases in the cost of settlement services made by another provider with the intention of retaining the additional fees are referred to as:
YSP
Markups
SRP
Unearned fees
The answer is markups. The earning of additional revenue through the practice of one settlement service provider increasing the fees of another settlement provider with the intention of retaining the additional fees is a practice known as markup.
Loans that do not meet the guidelines set by Fannie Mae and Freddie Mac are considered to be:
Conventional
Nonconforming
Government
Unconventional
The answer is nonconforming. Loans that do not meet Fannie Mae and Freddie Mac guidelines are considered “nonconforming.”
If two appraisals are necessary in order to complete a transaction, these appraisals must meet all but which of the following requirements?
The loan applicant must pay for both appraisals
Each appraisal must be performed by a different appraiser
Both appraisals must include a physical visit of the interior of the dwelling used to secure the loan
Both appraisals must be performed by a certified or licensed appraiser
The answer is the loan applicant must pay for both appraisals. When two appraisals are required, the creditor may not charge the consumer for the second appraisal.
An originator uses a contracted processor who charges $500 per file. The fee disclosed to the borrower for processing is $800, a difference of $300 which the originator keeps for himself. This is:
A violation of RESPA’s prohibition against fee-splitting
Permitted only as long as receipts are kept from the processor for five years
A unilateral markup, which is legal, but may be a violation of RESPA’s prohibition against unearned fees
A violation of ECOA
The answer is a unilateral markup, which is legal, but may be a violation of RESPA’s prohibition against unearned fees. RESPA requires compensation for settlement services to be earned. Any compensation not in direct correlation with an actual service is likely a violation. However, according to a 2012 case, the act of unilaterally marking up a fee and retaining the additional earnings is not illegal, as long as fee-splitting is not involved.
What characteristic, when used in deciding whether or not to grant credit, is not considered discriminatory?
Income
Race
Marital status
Religion
The answer is income. The provisions of ECOA are meant to promote the availability of credit to all creditworthy applicants, regardless of race, color, religion, national origin, sex, marital status, or age. A lender must consider a person’s income when determining his/her creditworthiness.
The process of releasing a lien on a property is called:
Deliening
Title restoration
Encumbrance
Reconveyance
The answer is reconveyance. Reconveyance is the process of releasing a lien on a property.
The ethical reason that loan processors are prohibited from negotiating a mortgage loan for a consumer is:
To ensure that the individuals guiding consumers through lending transactions are educated and qualified individuals
To ensure that only licensed originators receive commissions from creditors
To reduce the competition between employees of depository and non-depository institutions
To steer consumers towards lending transactions with depository institutions
The answer is to ensure that the individuals guiding consumers through lending transactions are educated and qualified individuals. The ethical reason that loan processors are prohibited from negotiating a mortgage loan for a consumer is to ensure that the individuals guiding consumers through lending transactions are educated and qualified individuals.
Enhancing protection and reducing fraud by directing states to adopt minimum uniform standards for the licensing and registration of residential mortgage loan originators was the purpose of the federal act known as the:
S.A.F.E. Act
Federal Trade Act
Consumer Financial Protection Act
Dodd-Frank Act
The answer is S.A.F.E. Act. The purpose of the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (S.A.F.E. Act) was to enhance consumer protection and reduce fraud by directing states to adopt minimum uniform standards for the licensing and registration of residential mortgage loan originators and to participate in a Nationwide Multistate Licensing System and Registry database.
ACME Home Loans is a private lender with a strict policy of limiting originations to conventional qualified mortgages with minimum loan amounts of $300,000. To ensure compliance with this policy, loan originators are instructed to refuse to accept applications from consumers who want loan amounts of less than $300,000, or who have debt-to-income ratios of 44% or more. This policy is:
Not a violation of any federal fair lending law
Potentially unlawful under the disparate impact theory
An example of disparate treatment of consumers
Legal if there is no discriminatory intent
The answer is potentially unlawful under the disparate impact theory. Even when there is no intent to discriminate, lending policies are potentially unlawful if they could adversely impact creditworthy consumers who belong to a protected class. For example, the lending standards described in this question could adversely impact younger applicants, thereby violating ECOA’s prohibition against age-based discrimination.
Mr. Jones’s loan application has been denied and he is provided with an Adverse Action Notice as required by ECOA. Which of the following pieces of information would not be included on the notice?
Information on the credit reporting agency if the adverse action is based on his credit report
Reasons for the denial of credit
His credit score
A referral to another potential creditor
The answer is a referral to another potential creditor. An adverse action notice contains a statement of the action taken; a prescribed ECOA Notice regarding the prohibition of discrimination; the name and address of the federal agency that administers compliance with respect to the loan originator; a statement of the specific reasons for the adverse action or a disclosure of the applicant’s right to be given such a statement and the identity of the persons or office from which the statement may be obtained; and, if a credit score is used, FCRA requires that it also include the actual numerical credit score, the range of credit scores possible under the model used, all key factors that adversely affected the credit score, the date of the credit score, and the name of the entity that created the score or the credit file upon which the score was based.
A couple is buying a house with a sale price of $187,500 on a conventional loan, putting 3% down. The seller has agreed to pay the allowable 3% seller concession. How much should the seller expect to pay of the buyer’s cost?
$5,456
$5,625
$10,912
$4,325
The answer is $5,625. The seller would pay 3% of the sales price, not 3% of the borrower’s loan amount. 187,500 × 3% = $5,625.
Which of the following is true regarding ATR standards for consideration of borrower repayment ability?
General ATR standards require a consideration of DTI ratio and residual income; the DTI ratio threshold is 60%
General ATR standards require a consideration of DTI ratio and residual income; there is no DTI threshold or minimum required residual income
General ATR standards require a consideration of DTI ratio and residual income; the DTI ratio threshold is 40%
General ATR standards require a consideration of DTI ratio and residual income; residual income must equal at least the monthly loan payment amount, plus 5%
The answer is General ATR standards require a consideration of DTI ratio and residual income; there is no DTI threshold or minimum required residual income. General ATR standards require a consideration of DTI ratio and residual income. However, there is no DTI ratio threshold or minimum required residual income.
If an appraiser considers the value of the land and the cost of improvements as a means to arrive at an estimate of value for a property, he/she is using the _____ approach.
Sales comparison
Income
Cost
Investment
The answer is cost. The cost approach uses the value of the land and the reproduction cost of any improvements.
Mr. Bob Brown earns $12.00 per hour and works 38 hours each week for his job at a retail store. His wife Matilda is paid $680 bi-weekly as a medical technician. What is their combined monthly qualifying income?
$3,553.33
$3,449.33
$3,940.00
$3,336.00
The answer is $3,449.33. Mr. Brown’s monthly income can be calculated by multiplying his hourly base pay rate wage ($12.00) by the average number of hours worked per week (38), yielding a weekly income of $456.00. To determine his monthly income, weekly income ($456.00) is multiplied by the average number of weeks worked per year (52) and then divided by 12. ($456.00 × 52)/12 = $1,976.00. Mrs. Brown’s income can be determined by multiplying her biweekly salary ($680) by 26 and then dividing by 12. ($680 × 26) / 12 = $1,473.33. Adding the two incomes together ($1,976.00 + $1,473.33), yields a combined monthly income of $3,449.33.
Don is refinancing his home in order to save money. If the loan goes through, his payment will drop from $2,000/month (PITI) to $1,500/month (PITI). Don’s gross income each month is $6,800, but he has a $300 car payment, a $150 credit card payment, and monthly alimony payments of $1,300. What is Don’s housing ratio on the proposed loan?
29%
48%
31%
22%
The answer is 22%. “Housing ratio” refers to the cost of Don’s housing expenses monthly divided by his gross monthly income. In this case, his proposed housing expense (PITI) will be $1,500/month. $1,500 / $6,800 = 22%.
A loan with a fixed rate at the start that will adjust regularly after a certain period is commonly referred to as a(n):
Traditional ARM
Nontraditional ARM
Hybrid ARM
Option ARM
The answer is Hybrid ARM. A hybrid ARM is a mortgage loan with a fixed rate during the first few years of the loan. After the initial fixed-rate period expires, the loan becomes an adjustable-rate loan.
HUD is still responsible for implementation of:
RESPA
The Fair Housing Act
TILA
The Equal Credit Opportunity Act
The answer is The Fair Housing Act. HUD is still responsible for implementation of the Fair Housing Act.
When a fixed-rate qualified mortgage includes a prepayment penalty, that penalty may not be charged:
Until after the first three years of the loan term have passed
After the first three years of the loan term
Until there are three years left in the loan term
Prepayment penalties may not be charged on fixed-rate qualified mortgages
The answer is after the first three years of the loan term. When a fixed-rate qualified mortgage includes a prepayment penalty, the penalty may not be charged after the first three years of the loan term.
Fiduciary duties include all but which of the following?
Creating a zero-cost borrower credit
Loyalty
Good faith
Putting the borrower’s interests first
The answer is creating a zero-cost borrower credit. A broker under the Law of Agency has a fiduciary duty to represent the borrower with loyalty, good faith, and should always put the borrower’s best interest ahead of his/her own.
The implementing regulations for the MAP Rule are known as:
Regulation N
Regulation Z
Regulation C
Regulation X
The answer is Regulation N. The implementing regulations for the MAP Rule are known as Regulation N.
Which of the following is true?
Unethical practices in lending transactions do not lead to legal consequences
Federal lending laws do not address the issues of ethical lending practices
Ethical issues are the basis of both state and federal laws and can have legal consequences
Only state laws address the issue of ethical lending practices
The answer is ethical issues are the basis of both state and federal laws and can have legal consequences. Ethical issues are the basis of both state and federal laws, and violating these laws can have serious legal consequences.
An advertisement that states “Refinance with 30 year fixed rates as low as 4.25%!” is:
A violation of TILA
A TILA violation only if the loans are not available
A TILA violation because it targets struggling homeowners
Not a violation of TILA if it provides information on APRs and payments with equal prominence, as long as the statement is true
The answer is not a violation of TILA if it provides information on APRs and payments with equal prominence, as long as the statement is true. An advertisement that states “Refinance with 30 year fixed rates as low as 4.25!” is not a violation of TILA if it provides information on APRs and payments with equal prominence, as long as the statement is true.
In the practice of table funding, what is used to protect the lender against fraudulent activity?
Rigorous income analysis
Documentation of repayment ability
Buy-back provisions
Line of credit
The answer is buy-back provisions. A warehouse lender often uses buy-back provisions in the agreements with brokers to assure themselves some protection against fraudulent activity during the loan process.
All of the following loans are covered by the requirements of the Home Mortgage Disclosure Act, except:
A loan to purchase a property in an urban area
A home improvement loan
A loan for an RV which the borrower uses as his/her primary housing six months a year
Refinance of a property owned by an elderly couple who are both over the age of 62
The answer is a loan for an RV which the borrower uses as his/her primary housing six months a year. HMDA reporting is not required for loans for personal property; loans to purchase RVs are personal loans and therefore not subject to mortgage lending laws.
Property that is transitory and can be moved is known as:
Real property
Diminishing property
Personal property
Depreciated property
The answer is personal property. Personal property is property that is transitory and can be moved.
How much hazard insurance does FNMA require on a property?
100% of the lesser of the loan amount or the cost to restore the improvements to the property
100% of the appraised value
80% of the value of the property
100% of the replacement cost
The answer is 100% of the lesser of the loan amount or the cost to restore the improvements to the property. Fannie Mae requires hazard insurance in place of at least 100% of the lesser of the loan amount, or the cost to restore the improvements to the property.
Which of the following statements regarding the calculation of finance charges is not true?
Premiums for optional insurance products are always included
Premiums for optional insurance products are not included if the creditor discloses that coverage is optional and does not extend through the full loan term
Reasonable charges for title insurance that do not result in direct or indirect compensation for the creditor are not included
Charges paid to a title insurer that is not affiliated with the creditor are not included
The answer is premiums for optional insurance products are always included. Charges that result in compensation for creditors and affiliates are included in finance charges, but when required disclosures are provided, charges for optional insurance products are not.
On which section of the application would a borrower be asked to attest to legal issues that could impact repayment ability, such as outstanding judgments, tax liens or delinquencies on other debts?
Section 1
Declarations
Assets and Liabilities
Information for Government Reporting
The answer is Declarations. The Declarations Section (Section 5) asks the borrower for information regarding any judgments, citizenship, default status, occupancy status, and other questions that may affect underwriting.
Attorney Mike Hammer has an arrangement with Godfrey Lending to fund all loans that Hammer negotiates on behalf of his clients. In exchange, Godfrey pays Hammer a finder’s fee. Under the S.A.F.E. Act:
As a licensed attorney, Mike is exempt from licensing requirements
Mike must employ a state-licensed loan originator on his staff to engage in this practice
Mike must be licensed as a loan originator
Mike may engage in this practice if the property involved is located outside the state in which he is licensed to practice law
The answer is Mike must be licensed as a loan originator. A licensed attorney is exempt from the requirement to be licensed as a mortgage loan originator if he offers or negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to his/her representation of the client, unless the attorney is compensated by a lender, mortgage broker, or other loan originator, or by any agent of the same.
Xavier has been charged with alleged violations of his state’s S.A.F.E. Act. Before a civil penalty may be imposed on him, the state is required to:
Request an accounting of Xavier’s assets
Determine a payment plan
Provide Xavier notice and an opportunity for a hearing
Submit a claim against Xavier’s surety bond
The answer is provide Xavier notice and an opportunity for a hearing. The state licensing agency may impose a civil penalty on a mortgage loan originator or person subject to the S.A.F.E. Act if it finds, after notice and an opportunity for hearing, that the mortgage loan originator or person subject to the Act has violated or failed to comply with any requirement of the Act or any regulations prescribed by the state licensing agency.
Loan originators are required to complete _____ hours of pre-licensing education to satisfy the federal requirement under the S.A.F.E. Act.
20
8
16
24
The answer is 20. The NMLS requires that a minimum of 20 hours of pre-licensing education be completed before an application will be considered.
The general acceptable front-end housing ratio for a USDA loan is:
29%
28%
31%
Front-end ratios are not considered for USDA loans
The answer is 29%. USDA loans use a front-end ratio of 29%.
Which of the following would not be considered an appraisal red flag?
Appraisal dated prior to the sales contract
Blurry photos or photos that appear to be downloaded
Comparables within one mile of the subject property and sold within one year
Adjustments that exceed guideline
The answer is comparables within one mile of the subject property and sold within one year. Comparables located within one mile of the subject property and sold within one year are not considered an appraisal red flag.
The Walkers are purchasing a home for $300,000. Their down payment is $60,000. What is the percentage of the down payment the Walkers are making?
30%
20%
15%
25%
The answer is 20%. The Walkers are making a down payment equal to 20% of their loan amount.
An individual who is an employee of a depository institution or a subsidiary of a depository institution meets the definition of a loan originator, defined as a(n):
Licensed mortgage loan originator
Exempt mortgage loan originator
Registered mortgage loan originator
Qualified mortgage loan originator
The answer is registered mortgage loan originator. A “registered mortgage loan originator” is an individual who is employed by an exempt depository institution and is therefore also exempt from licensure as a loan originator. The registered mortgage loan originator is merely required to be registered with the NMLS.
Which of the following occurs when the parties to a loan transaction meet to execute documents, and immediately afterwards, funds are disbursed?
Dry settlement
Wet settlement
Table funding
Rescission
The answer is wet settlement. Wet settlement occurs when the parties to a loan transaction meet to execute documents, and afterwards, funds are disbursed. In contrast, at a dry settlement, parties meet to execute documents but funds are not disbursed until certain specified conditions are met.
The conclusive presumption of compliance applies to:
Subprime loans that meet the qualified mortgage standards
Prime and subprime loans that meet the qualified mortgage standards
Prime loans that meet the qualified mortgage standards
Fixed-rate prime loans that do not meet the qualified mortgage standards
The answer is prime loans that meet the qualified mortgage standards. The conclusive presumption of compliance applies to prime loans that meet the qualified mortgage standards.
What is not required for a VA loan?
Certificate of Eligibility
Mortgage insurance premium
Primary residence
Total debt ratio
The answer is mortgage insurance premium. A VA loan does not require mortgage insurance premium. VA loans use a funding fee.
Dividing the PITI by the amount of a borrower’s monthly gross income determines the:
Total debt ratio
Loan suitability
Net tangible benefit
Housing expense ratio
The answer is housing expense ratio. PITI divided by gross monthly income calculates the housing expense ratio.
The types of high-cost mortgages that may be subject to HOEPA include all of the following, except:
Refinances
Reverse mortgages
Home equity lines of credit
Loans to purchase a home
The answer is reverse mortgages. The Dodd-Frank Act broadened the scope of HOEPA to cover almost all mortgage types, except for reverse mortgages.
This is the term for the ability to cancel a transaction.
Subordination
Redlining
Rescission
Prioritization
The answer is rescission. Rescission is the term for the ability to cancel a transaction.
Why might a borrower take a piggyback loan?
To avoid MIP
To get a lower rate on his or her first mortgage
To shorten the term of his or her first mortgage
To limit the cash necessary to bring to the table
The answer is to limit the cash necessary to bring to the table. A borrower may take on a piggyback loan to avoid mortgage insurance, but not “MIP,” because that is required for FHA loans. Of the answers given, the best is to limit the cash necessary to bring to the table.
Two brothers, Tom and Jim, purchase homes on the same block where they grew up. They knew the sellers, having grown up on the block, and both obtain $200,000 loans to purchase their new homes. Jim chose a “traditional” loan – 30-year fixed, while Tom would rather pay his loan off more quickly. He decided on a 15-year mortgage. Which of the two will pay more principal?
Both Jim and Tom will pay the same amount of principal
Jim
Tom
It depends on their rates
The answer is Both Jim and Tom will pay the same amount of principal. Both brothers will pay the same amount in principal, though Jim will pay much more in interest over the longer term.
Title insurance is required for all loans by the:
Borrower’s attorney
Lender
Lender’s title company
Borrower
The answer is lender. Title insurance provides coverage for undisclosed liens or other title defects that may not turn up on a title search and is required by the lender. Lender’s insurance is mandatory for loan approval, but owner’s insurance is voluntary.