Federal Mortgage Related Laws Flashcards
1
Q
What law deals with credit, APR & advertising of consumer loans?
A
TILA (Truth In Lending Act) which is part of the Consumer Credit Protection Act/Regulation Z
2
Q
Which regulation prohibits kickbacks?
A
RESPA Regulation X, section 8
Kickbacks= illegal payment as compensation for a referral
3
Q
Which regulations requires the lender to cancel PMI(Private Mortgage Insurance) when the loan reaches 78% LTV?
A
HPA- Homeowners Protection Act
May be required to purchase PMI if they put a down payment of less than 20%
-bc it creates a high Loan to Value Ratio
-Applicable to residential mortgage transactions
4
Q
What is TILA (Truth In Lending Act)
A
Title 1 of CCPA (Consumer Credit Protection Act) Regulation Z. TILA the GodZilla
Reason why we have disclosures. Gives Borrowers the right to Rescind.
5
Q
T/F: TILA covers transactions for business, agricultural, and organizational credit
A
FALSE
6
Q
What Information does Regulation X require from a borrower to be considered an application?
A
RESPA requires a borrower to provide
1.) Name 2.) Monthly income 3.)SS# 4.)Address of home being purchased 5.)Estimated value of the home 6.)Loan amount
7
Q
What kind of loans does RESPA apply towards?
A
FHA Loans, HELOCS, for sale by Frannie Mae and Freddie Mac, Flood insurance covered loans.
8
Q
What loans does RESPA NOT cover?
A
Business, commercial or agricultural purpose loans, temporary financing(aka construction loans), loans secured by vacant land, an assumption loan without lender approval, secondary market transactions(Sale between lenders & Investers) and loan conversions
9
Q
What is an assumption loan?
A
An existing loan taken over by the new borrower. It allows the buyer to take over the sellers loan. RESPA does not cover this type of loan unless approved by the lender
10
Q
For purchase transactions, when is the Home Toolkit Booklet due according to RESPA?
A
No later than 3 business days after a mortgage application is received or prepared.
11
Q
When must a loan servicer provide the consumer a notice of any assignment, sale, or transfer of servicing?
A
No less than 15 days before the effective date of the transfer of servicing.
12
Q
What is in RESPA Section 8?
A
1)Affiliated business agreement
2)Agreement or understanding for referral of business
3)Bona fide discount point
4)Borrower credit-fee paid to borrower by lender to minimize closing costs
13
Q
What does the acronym for RESPA describe?
A
REAL ESTATE SETTLEMENT PROCEDURES ACT
14
Q
What is the Acceleration Clause?
A
The provision in a mortgage that allows the lender to demand full repayment if the borrower DEFAULTS on the loan.
15
Q
What is the provision that allows the lender to demand full repayment if the borrower TRANSFERS the loan?
A
Alienation Clause
16
Q
What does the CFPB stand for?
A
Consumer Financial Protection Bureau.
Created by the Dodd Frank Act and CFPA (Consumer Finance Protection Act)
17
Q
Which law does Regulation B pertain to?
A
ECOA (Equal Credit Opportunity Act)- B Equal
18
Q
HMDA (Home Mortgage Disclosure Act) pertains to which regulation? (Hum-Da)
A
Regulation C, allows regulators to “C” where possible discrimination takes place.
19
Q
T/F: HPA (Homeowner’s Protection Act) deals with MIP
A
FALSE, it deals with PMI. Conv loans have PMI, not government loans.
20
Q
When would PMI be required on a conventional loan? Which law requires this?
A
Private Mortgage Insurance is required when a borrower puts less than 20% down. HPA (Homeowners Protection Act)
21
Q
T/F: PMI protects the lender
A
TRUE
22
Q
Which section pertains to a prohibition of kickbacks, fee-splitting and unearned fees?
A
RESPA Section 8
23
Q
What section in RESPA discusses the protection of homeowners against mortgage servicing abuses?
A
Section 6 (VI) of RESPA
24
Q
What does section 9 of RESPA state?
A
It states that a seller cannot require the use of a particular title company
25
T/F: Section 10 of RESPA identifies amounts that can be charged to maintain escrow acounts
TRUE
26
T/F: Regulation Z pertains to RESPA
FALSE, regulation X (REXPA)
27
Which are NOT included as settlement service providers?
Building/Remodeling contractors, service and repair contractors,moving companies, landscaper, Home improvement or design companies
28
What are some examples of settlement services?
Origination of a federal mortgage loan, mortgage broker services,services related to origination,processing or federal mortgage loan funding and title services.
29
Which of the following is not covered by RESPA?
A. All cash sales
B.Rental property transaction
C.Vacant land (Unless a dwelling will be constructed or moved to the property within two years)
D.All of the above
All of the above
30
Danny has a triplex, he stays in unit A, is that covered by RESPA?
YES
31
Sally owns a single family home that she rents to her sister, is this covered by RESPA?
NO
32
Regulation X of RESPA applies to...?
Mortgage loans on one-to-four unit residential properties (owner occupied)
33
Which transactions are not covered by RESPA?
All cash sales, sale where the seller takes back the mortgage, rental property transactions, property of 25 acres (agricultural), Vacant lands unless a dwelling will be constructed or moved within 2 years, commercial properties and temporary financing (construction or bridge loans)
34
What is a mortgage broker?
A person that gives origination services and serves as an intermediary between a borrower and lender in federally related mortgage loans. This includes persons that close loans in their own name in table-funded transactions.
35
What requires financial institutions and creditors to implement a written identity theft prevention program?
Red Flags Rules, also known as Section 114 of the FACT Act
36
When must a lender send a servicing transfer settlement to the borrowers before the effective date?
A. 3 days
B. 15 days
C. 30 days
B. 15 days before the effective date of transfer.
37
Justin is on the Do Not Call list, the loan originator can call him up to,
A. 30 days
B. He cannot call him
C. 3 months
C. 3 months
38
The Federal Home Loan Mortgage Corporation (FHLMC) is more commonly known as,
Freddie Mac
39
FACTA stands for? What does it prevent?
Fair and Accurate Credit Transactions Act of 2003. Prevents identity theft
40
Title V of the Housing and Economic Recovery Act of 2008 is also known as,
SAFE (Secure and Fair Enforcement for Mortgage Licensing) Act
41
Consumer Financial Protection Bureau oversees which regulation?
TILA
42
Regulation Z requires what in advertising?
Regulation Z requires you to state credit terms in advertising such as interest rate and APR
43
Negative amortization is illegal under which law?
HOEPA
44
RESPA requires the borrower to sign the Loan Estimate within how many days of the initial loan application?
A. 3 days prior to closing
B. Within 3 business days
C. Never
C. never
RESPA does not require the borrower to sign within a certain time frame, but does require the lender to provide them within 3 business days
45
Which federal legislation requires that the borrower have the right to receive a copy of his or her credit report, without charge, annually?
FRCA (Fair Credit Reporting Act) allows borrowers to review the info used to make a credit determination. Borrowers can review their credit report annually for any errors
46
Which regulation requires that the Loan Estimate be provided to the borrower within three business days of the time a loan application is taken?
TRID requires the Loan Estimate be provided to the borrower within three business days since it estimates the settlement charges to the consumer.
47
How long must a lender keep the LE for? (TILA disclosure)
3 years
48
How long must a lender keep TILA disclosures for?
2 years. Except for CDs, which should be kept for 5 yrs and LE’s should be kept for 3 yrs
49
Which rule under the FTC deals with mortgage relief services?
FTC's MARS (Mortgage Assistance Relief Services)
50
The Safegaurds Rule is part of which act?
Gramm-Leach-Bliley Act (Title V)
Deals with privacy
51
A mortgage broker does NOT...
A. Verify deposit information
B. Service mortgage loans
C. Collect documents for U/W
B. A mortgage broker does NOT service loans, only aids in directing borrowers towards deciding on financial goals
52
What is a HELOC
Home Equity Line of Credit- Paid off like a credit card but uses real estate as collateral. (Typically a 2nd mortgage)
53
Section 32 is part of which regulation
Regulation Z (TILA)- enforces HOEPA
54
The Equal Credit Opportunity Act requires the lender to provide the borrower a reason for denial of credit in writing within how many days of loan application?
A. 3
B. 10
C. 15
D.30
D. 30 days
55
Who enforces the National DNC (Do Not Call) Registry?
FTC(Federal Trade Commission) & FCC (Federal Communication Commission)
56
If there is an established relationship between the lender and Justin, but he is on the DNC list, how long can they call him for?
18 months
57
Who supervises the Homeowners Protection Act
The Dodd-Frank Act granted authority to the Consumer Financial Protection Bureau (CFPB) to supervise for and enforce compliance with the Homeowners Protection Act with respect to entities within its jurisdiction.
58
A Mortgage Servicing Disclosure Statement is required by what law?
RESPA
59
Any tolerance violation must be refunded within _____ days of closing, assuming the Final CD or Settlement Statement is correct.
60 days
60
Real Estate services are always listed under what section in an LE or CD?
1.) Services Borrower cannot shop for
2.) Other charges
3.) Origination charges
2.) Realtors are always listed in the "Other" section of an LE or CD.
61
Final APR disclosed in the original CD cannot deviate by more than ___ of 1 percent before a new waiting period is required
A. 1/4
B.3/8
C. 1/8
Any change to the initial APR disclosed in the original CD that deviates by more than 1/8 of 1 percent (.125) for a fixed rate transaction will require new disclosure & new 3 day waiting period
62
According to RESPA, a lender making a loan with escrow included is able to collect a maximum cushion of how many months at closing?
2 months
63
A lender has how many calendar days to notify the borrower of an underwriting decision?
ECOA requires that any decision be communicated to the applicant within 30 days.
64
According to ECOA, what three things are required in an adverse actions notice?
The lender, credit agency, and federal regulator are all required on a statement of credit denial.
65
When are the funds disbursed for an owner-occupied, residential refinance?
A.After 3 bus days of the rescission period
B. At the time of the loan closing
C.Five business days after the loan closes
A.) Owner-occupied residential refinance borrowers have until midnight of the third business day to rescind. The funds are disbursed on the fourth day.
66
T/F: According to RESPA, a name change is not handled via ID alert
True
67
HMDA is implemented as Regulation
1. B
2. X
3. C
3.) C
68
What law deals with a credit application?
ECOA
69
What law deals with a credit report?
FCRA- Regulation V
70
FRCA provides for all of following rights except,
1. Adverse action notice (denial)
2. Copy of credit file/report
3. Free copy of credit score
4.Right to dispute negative or inaccurate info
5. Right to limit prescreened offers
3. FCRA does not enforce a free copy of a credit score but it does give a right to request a credit score
71
What law says that they must give you a free copy of your credit score?
There is no law. (FCRA requires to give a credit report not score)
72
What does FCRA stand for?
Fair Credit Reporting Act- Reg. V
73
FACT Act deals with...
Identity theft. Section 114 of FACT Act, also known as safeguards
74
Red Flag Rules are part of what federal law?
1. Gramm-Leach Bliley Act
2. SAFE Act
3. FACT Act
4. ECOA
3. FACT Act-section 114
75
How many hours of annual continuing education are required by the SAFE Act for state-licensed mortgage loan originators?
1. 10
2. None
3. 20
4. 8
4.) 8
The SAFE Act mandates that state-licensed mortgage loan originators take at least eight hours of continuing education every year.
76
For how many days must the settlement charges detailed in a Loan Estimate be available?
A. 10 business days
B. 15 business days
C. 30 business days
D. 3 business days
A. 10 business days
77
HMDA is found in which section?
On Form 1003, Section X
78
Lenders submit Loan/Application Registers in order to comply with what law?
A. FACT Act
B. HMDA
C.FRCA
A. The Home Mortgage Disclosure Act (HMDA) requires lenders to track certain information about residential loan applicants on LARs
79
Title V of the Housing and Economic Recovery Act of 2008 is more commonly known as the
1. FACT Act
2. SAFE Act
3.Red Flags Rule
2. SAFE Act
80
Red Flags Rule deals with which act?
Section 114 of the FACT Act
Created by the FTC
81
Which regulation requires lenders to make full disclosure about APR to borrowers in real estate financial transactions?
Regulation Z
Lenders offering residential financing, including ARMs, must comply with federal guidelines under Regulation Z of the Truth in Lending Act requiring certain disclosures be made to borrowers, including the annual percentage rate.
82
RESPA does not require the lender to disclose
1.) Closing Disclosure
2.) Mortgage Servicing Disclosure
3.) AfBa (Affiliated Business) Disclosure
4.) APR
4.) annual percentage rate (APR).
83
A telemarketer can be fined how much for calling someone registered on the National Do Not Call Registry?
1.) $25,000
2.) $30,000
3.) $40,000
3.) $40,000 for each instance of calling a number that is on the list.
84
The Consumer Financial Protection Bureau does NOT administer
1.) TILA
2.) FRCA
3.) DNC Registry
4.) RESPA
3.) Do Not Call Registry
The Consumer Financial Protection Bureau administers the provisions of FCRA, RESPA, and TILA.
85
CFPB administers which 3 provisions?
FCRA, RESPA and TILA
86
To protect distressed homeowners from mortgage relief scams that have sprung up in recent years, the Federal Trade Commission published the ________.
Mortgage Assistance Relief Services (MARS) on Dec. 1, 2010.
87
Which federal act introduced the idea of a qualified mortgage?
Dodd-Frank Act set forth amendments to TILA, including an introduction to the idea of a qualified mortgage (QM).
88
When describing a description of the loan on the loan estimate form, you are required to include how many pieces of information in this disclosure?
A. 5
B. 3
C. 2
D. 1
C. 2
You are required to include two pieces of information. First; any payment feature that may change the periodic payment, which includes negative amortization, interest only, step payment, balloon payment or seasonal payment.
Second; is whether the loan uses an Adjustable Rate, Step Rate, or Fixed Rate to determine the interest rate applied to the principal balance.
89
The Dodd-Frank Act created what entity?
The CFPB
created by Title X of the Dodd-Frank Act in 2010
90
According to the rule on Valuation Independence, a creditor who has information about appraiser misconduct must file a report with the...
1.) Federal Reserve board
2.) Appropriate state licensing authority
3.) FHA
2.) Appropriate state licensing authority
The rule mandates that creditors or settlement service providers who have information about appraiser misconduct file a report with the appropriate state licensing authorities.
91
A lender is obligated to provide a borrower with a Settlement Statement, how many business days prior to the loan closing if requested to do so?
A. 3 days before closing
B. None; signed at closing
C. One day before closing
C. One
The borrower has a right to view a Settlement Statement one business day before closing.
92
Page 1 of the loan estimate includes the name and address of the creditor. If there are multiple creditors:
If there are multiple creditors, use only the name of the creditor completing the Loan Estimate. If a mortgage broker is completing the loan estimate, use the name and address of the creditor if known. If not, leave blank.
93
Under the FCRA, consumers do not have the right to
1.) Challenge inaccurate info
2.) Review their credit reports for accuracy
3.) Receive a free copy of credit report annually
4.) Require bankruptcies be removed from their credit report after five years, if credit has been reestablished.
4.) Require bankruptcies be removed from their credit report after five years, if credit has been reestablished.
Timeline to get that removed is after 7-10 years
94
Which loans are not covered under HMDA?
The purpose of HMDA is to determine discrimination in lending for residential properties. This would not include commercial loans.
95
Section 10 of RESPA does what?
Section 10 of RESPA sets limits on the amounts that a lender may require a borrower to put into an escrow account for purposes of paying taxes, hazard insurance, and other charges related to the property.
96
Under which federal legislation does the consumer have the right to receive a copy of the appraisal report on a dwelling that is to be used as collateral for a loan?
1.) HMDA
2.) ECOA
3.) TILA
4.) RESPA
2.) ECOA
97
What is the only website authorized by the FTC from which consumers can get their free credit report each year?
1.) www.annualcreditreport.gov
2.) www.freecreditreport.com
3.) www.annualcreditreport.com
The only vendor authorized by the FTC and the credit reporting agencies under the Fair and Accurate Credit Transactions Act to provide this service for free is
3.) www.annualcreditreport.com.
98
What law defines a high cost loan, also known as a Section 32 loan?
HOEPA (Home Ownership & Equity Protection Act)
99
What loan has a three business-day rescission period?
1.) Owner-occupied refinance
2.) Commercial
3.) Non-owner occupied residential
3.) Owner-occupied refinance will always have a 3 day right of rescission period where borrower can change their mind.
100
Under RESPA, what is the maximum fine that can be imposed for each instance of a kickback?
$10,000 per incident
101
Regulation V pertains to which regulation?
The Fair Credit Reporting Act
102
Which legislation does NOT allow a lender, when qualifying income, to consider the possibility of a borrower having additional children?
ECOA
103
Which law ensures that some borrowers have the right of rescission for three business days after a loan contract is signed?
TILA- Regulation Z
104
A $100,000 loan will be considered a Section 32 loan if the the points and fees are greater than?
A. 1/8th
B. 5% of loan amount
C. 1/2
5% of loan amount
105
T/F: Gram Billey Leech act deals with privacy and identity
TRUE along with FACT Act, FRCA and
106
Which law prohibits discrimination based on sex, race, age, national origin, marital status, and source of income?
1.) ECOA
2.) RESPA
3.) TILA
4.) FHA
The Equal Credit Opportunity Act allows qualifying consumers to obtain credit based on credit worthiness alone.
107
Which act provides a specific definition of a nontraditional loan?
1. TILA
2. Mortgage Disclosure Improvement Act
3.SAFE Act
4. Home Equity Protection Act
3.) SAFE Act
108
T/F: The Federal Reserve Board has no enforcement authority over the National Do Not Call Registry.
TRUE only the FTC & FCC
109
How long does a lender have to cure a tolerance violation?
According to RESPA, lenders have 60 calendar days after settlement to cure any tolerance violation by reimbursing to the borrower the amount by which the tolerance was exceeded at settlement or within those 60 days
110
T/F: The fees for the lender and mortgage broker must be itemized
FALSE
The fees for the lender and mortgage broker are not itemized; they must be shown as a LUMP SUM.
111
A loan on a borrower's primary dwelling where the APR exceeds at least 1.5% of the applicable average prime offer rate for a first lien loan is known as a....
HOEPA Section 35- higher priced loan deals with APR
112
Section 32 loan are--
HOEPA higher cost loans- deal with QM and ATR
113
In order for a junior mortgage on a primary residence to be considered a higher-priced loan, the APR must exceed the applicable average prime offer rate by at least...
3.5%
114
RESPA does not require the lender to disclose?
APR
115
A telemarketer can be fined how much for calling someone registered on the National Do Not Call Registry?
$50,120 per call
116
Bob meets with a loan originator at XYZ Mortgage Company to inquire about loan options. His name is on the National Do Not Call Registry. XYZ can call Bob up to..
3 months since there is an established relationship
117
Which regulation requires lenders to make full disclosure about APR to borrowers in real estate financial transactions?
TILA regulation Z
118
After the collection of statistical data, lenders are required to forward that information to the regulator by what date under the Home Mortgage Disclosure Act?
A.) April 1st
B.) March 1st
C.) December 31st
March 1st
119
Which law allows a consumer who has had her credit card used by an identity thief to place a freeze on her credit report?
FACT Act
120
Which law requires a loan servicer to notify a borrower before the servicing of that loan is transferred to someone else?
1.) HMDA
2.) TILA
3.) RESPA
RESPA regulation 6
120
Which law requires a loan servicer to notify a borrower before the servicing of that loan is transferred to someone else?
1.) HMDA
2.) TILA
3.) RESPA
RESPA regulation 6
121
A loan generally cannot be considered a _____________ mortgage if the points and fees paid by the consumer exceed 3 percent (%) of the total loan amount.
Qualified
To be considered a qualified mortgage, points and fees cannot exceed 3% of the total loan amount on loans over $100,000 according to the new ruling by the CFPB.
122
The calculation for figuring a loan-to-value ratio is
1.) Loan amount multiplied by appraised value.
2.) Loan amount divided by appraised value.
3.) Appraised value multiplied by loan amount.
4.) Appraised value divided by loan amount.
2.) Loan amount divided by appraised value.
