General Mortgage Knowledge Test Questions Flashcards
Which of the following is not essential in a deed?
A) Legal Description
B) Grantor
C) Grantee’s Signature
D) Consideration
C) Grantee’s Signature
Deeds do not require the grantee’s signature because of the process of acceptance. The grantor must deliver the deed to the grantee (or his or her attorney), and either actual or implied voluntary acceptance must occur.
A borrower with a HOEPA loan wants to refinance into a new lower cost mortgage. HOEPA Servicer Limitations tell the servicer of their loan that They must provide the payoff statement within a reasonable amount of time and can charge a fee for the service and payoff statement.
False
True
FALSE
Servicer Limitations: Prohibits certain servicing practices, such as failing to credit a payment to a consumer’s account when the servicer receives it, failing to provide a payoff statement within a reasonable period of time, and ‘pyramiding’ late fees. As a note, HELOCs are excluded from this regulation.
Improved disclosure of closing costs and origination charges to facilitate loan shopping, has been an overriding goal of integrating the TILA and RESPA disclosures.
False
True
TRUE
The purpose is to facilitate borrower’s effort to shop for the best loan, and it reminds the borrower to shop around.
TILA rules are generally enforced by The Federal Housing Administration.
False
True
FALSE
TILA rules are generally enforced by the Federal Trade Commission (FTC).
Requirements of HOEPA Higher Priced Mortgages with regards to “Loose Lending” regulation includes that:
A) Lenders need to verify the income of borrowers inclusive of property taxes
B) Lenders need to verify the income of borrowers inclusive of future inheritance
C) Lenders need to verify the income of borrowers inclusive of future likely medical obligations
D) Lenders need to rely on stated income if necessary
A) Lenders need to verify the income of borrowers inclusive of property taxes
Loose” Lending is a part of the Section 35 Protections. Lenders must consider the borrower’s ability to repay the loan and cannot rely on unverified income or assets. More specifically, ‘Loose’ Lending. Prohibits a lender from engaging in a pattern or practice of lending without considering the borrowers’ ability to repay the loans from sources other than the home’s value. It also prohibits a lender from making a loan by relying on income or assets that are not verified.
A credit report contains which of the following information?
1) Spending patterns
2) Account history
3) Public records
4) Credit inquiries
2) Account history
4) Credit inquiries
Spending patterns are not captured or reported in a credit report. Public records of financial matters, creditor inquiries, and account history is maintained and reported.
A creditor delivers the Loan Estimate and aims to close the loan immediately. One constraint the creditor will have in closing the loan is:
A) Closing the loan in less than 7 business days without making a mistake in processing the loan
B) Receiving authorization from an applicant to close the loan by the coming Saturday
C) Waiting a minimum of 7 business days before closing
D) Coordinating a lawyer to perform closing 7 days after delivery
C) Waiting a minimum of 7 business days before closing
The Mortgage Disclosure Improvement Act (an amendment to TILA - enacted in July 2008, effective from July 30, 2009) requires that creditors wait 7 business days after they provide the early TIL disclosures (either in person, electronically or by mail, fax etc.) to the borrower before closing the loan.
Which of the following is a violation of the Section 8 rules on kickbacks?
A) A borrower completes an application on Monday and receives mandated disclosures on Wednesday.
B) An MLO with empty space in his office allows a real estate agent to use it since the agent refers customers to him.
C) The owner of a mortgage company hosts an annual pool party for his employees.
D) An attorney provides advice to a seller in a transaction.
B) An MLO with empty space in his office allows a real estate agent to use it since the agent refers customers to him.
The free rent is a “thing of value” and the MLO very clearly provides a settlement service for a mortgage loan. Section 8 of RESPA prohibits anyone from giving or accepting a fee, kickback or any item of value in exchange for referrals of settlement service business. In addition, RESPA prohibits fee splitting and receiving unearned fees for services not actually performed.
A consumer is applying for a loan to purchase a home. They wonder if their loan originator must follow the rules on loan originator compensation. Who is covered under these rules?
A) Only loan originators who work as a mortgage broker
B) Only loan originators employed by a large bank
C) All loan originators
D) Only loan originators originating less than 5 loans per year.
C) All loan originators
Section 1026.36(a)(1) states that the regulation applies to all persons who originate loans, including mortgage brokers and their employees, as well as mortgage loan officers employed by depository institutions and other lenders.
Lenders are encouraged to make improvements in their communications to borrowers regarding the risks inherent in high risk, non-conforming loan products. Which one would NOT be helpful regarding the payment option ARM?
A) Expert predictions of where interest rate and housing prices are headed
B) Monthly statements that clearly explain the cost of each payment option
C) Plain language in product descriptions regarding risks
D) Use realistic examples to explain the danger of negative amortization
A) Expert predictions of where interest rate and housing prices are headed
Making predictions about future interest rates or pricing levels is strongly discouraged. The regulators strongly recommend speaking clearly and realistically about the risks and dangers of negative amortization and the implications of various payment options.
Which of the following is true about USDA guaranteed loans?
1) Farmers have no maximum income limitations
2) Private, for-profit lenders participate in the program
3) Not every property is eligible
4) The program’s debt ratios resemble the FHA program
2) Private, for-profit lenders participate in the program
3) Not every property is eligible
4) The program’s debt ratios resemble the FHA program
The USDA loan program is very similar to the FHA program and use the 29% housing expense ratio and 41% total debt ratio. To qualify, every applicant must meet income limits. Like FHA, private, for profit lenders underwrite and fund the loans.
Which interest rate must appear on the Loan Estimate for an ARM?
A) Maximum 5 year interest rate
B) Maximum lifetime interest rate
C) Initial interest rate
D) Expected long term interest rate
A) Maximum 5 year interest rate
According to MDIA the payment summary is to be disclosed in a tabular format. This summary must identify: (1) Introductory interest rate including period of time until first adjustment may occur and monthly payment labeled as the “introductory rate and monthly payment” (2) Maximum interest rate and monthly payment in the first five years and the earliest date that may occur even if that’s not the first adjustment (3) Maximum lifetime interest rate and monthly payment and the earliest date that may occur labeled as “monthly ever”
An applicant learns that an originator violated Section 8 in originating his loan and wants to file charges against the MLO. Is this allowed?
Yes, for up to one year after the settlement if the borrower provides documented proof of the violation.
Individuals have one year from the date of a violation to bring a private lawsuit to enforce violations of Section 2607 or 2608.
a quit claim deed contains granting of all property rights held.
False
True
TRUE
A quit claim deed conveys the property rights held by the grantor, with no guarantees whatsoever.
An MLO who asks an appraiser to value a home inappropriately is likely pursuing Asset Based Lending.
False
True
FALSE
One type of predatory lending is Inflated Appraisals. This includes coercing or encouraging an appraiser to misrepresent the value of a home. This practice may include telling the appraiser a minimum reported value needed to approve the loan, conditioning appraiser’s compensation on loan closing or suggesting that the appraiser will be excluded from future transactions.