Missed Q's on Practice Exam Flashcards
If a loan processor or underwriter is an independent contractor, do they need to be licensed as an MLO?
Yes, according to the SAFE Act
Which tolerance bucket do origination fees fall under?
Zero Tolerance
Which law deals with the accuracy of credit reports and the use of credit reports?
The Fair Credit Reporting Act (FCRA, Regulation V)
Alt-A or Alt-Doc loans are considered___
Subprime loans
John is purposefully misstating what he pays in child support. What is this considered?
Material Misstatement
How long can Chapter 13 bankruptcies stay on the credit report?
7 years
How long can Chapter 7 bankruptcies stay on the credit report?
10 years
George has a loan that is amortizing over 30 years, but he will be required to pay the remaining principal in 15 years. What is this called?
Balloon mortgage
When must the Home Loan Toolkit be provided to the borrower on a purchase transaction?
3 days after application
RESPA requires that servicers provide an initial escrow account statement within:
within 45 days of settlement, per RESPA
Which federal law prohibits someone from inquiring about childbearing?
ECOA (Reg B)
What is Reverse Redlining?
The opposite of redlining; it is where a financial institution lends specifically in poor inner-city neighborhoods to charge them more than a comparable white consumer.
What types of loans are government-sponsored entities?
Fannie Mae and Freddie Mac
How long is the waiting period once initial disclosures are provided, before a loan closes?
7 business days, per the MDIA 3/7/3 Rule
A Section 203K loan is a____
rehabilitation loan offered by FHA.
What law require that a $5,000 cash transaction be reported?
The Bank Secrecy Act/Anti-Money Laundering requires the reporting of transactions over certain amounts in order to combat money laundering.
Which transactions are not governed by the new TRID Rules?
HELOCs and Reverse Mortgages are not required to follow TRID requirements, they continue to use the Good Faith Estimate and TIL Disclosures.
Which law prohibits discrimination in disability?
The Fair Housing Act adds disability as a protected class. ECOA does not include disability as a protected class. That’s a good way to differentiate between the two laws.
What differentiates MLO duties from clerical?
Discussing rates and terms
This insurance protects against the possibility of future loss should the borrower’s legal rights to their property be challenged.
Title insurance
HOEPA (section 32 of TILA) has to do with which types of loans?
high-cost home loans.
What may be associated with a “get rich quick” scheme?
Chunking is the sale of properties at artificially inflated prices, pitched as investment opportunities to naïve real estate investors who are promised improbably high returns and loan risks.
Gregory’s loan is $125,000. For it to be considered a qualified mortgage, the points and fees cannot exceed what amount?
$3,750
The Red Flags Rule is part of what law?
FACTA
A lender refusing to report timely payments to the credit reporting agencies is an example of:
Predatory lending. Some creditors do not report timely payments to the credit reporting agencies. A borrower’s payment history will not reflect correctly in this situation. Predatory lenders will not report to try to maintain the borrower for them.
Who gets paid for YSPs?
YSPs are paid to the broker for giving a borrower a higher interest rate on a loan in exchange for lower up-front costs generally paid in origination fees, broker fees or discount points
The SAFE Act does what?
The SAFE Act established all the licensing requirements for MLOs.
What does the Fair Housing Act not protect? (ECOA added this protection)
The Fair Housing Act prohibits discrimination in housing because of race, color, national Origin, religion, sex, familial status & disability. ECOA prevents discrimination against age.
What is this a violation of? An MLO who leases office space in a real estate office at an above market amount
It is a violation of Section 8 of RESPA.
What is the industry standard, for gross percentage adjustment on a residential property appraisal?
Gross adjustment target should not exceed 25%, or 15% net, or 10% line item for comparables.
If an MLO or agent tells a client to move into a neighborhood he would fit into, what are they accused of?
Steering`
Which organization helps develop model legislation applicable to the administration and regulation of mortgage lending?
Both the CSBS and AARMR created the NMLS and helped to develop the Model Law for states to use to implement the SAFE Act.
When performing the sales comparison approach, what does “adjusting properties” involve?
Changing comparables to adjust to subject property
What is the funding fee for IRRRL’s?
The current funding fee on an IRRRL is .50% for any and all veterans.
Lender must tell borrower reason for denial within how many days of application?
Under ECOA, it is the lender’s responsibility to notify an applicant of any action taken on the applicant’s request for credit, whether favorable or adverse, within thirty (30) days of receiving the completed application.
What federal legislation prohibits the exchange of information between consumer creditors unless certain disclosures are made to the consumer?
GLBA protects NPI and if a financial institution shares (or sells) NPI with a third party for uses other than the original intention, the financial institution is required to provide a detailed privacy policy disclosure to the application with the option to opt-out.
Under FHA loan rules, effective June 2013, if a borrower puts 10% down or more, they will pay an annual mortgage insurance premium (MIP):
FHA loans over 90% LTV requires MIP for the life of the loan.
Is monthly rent considered in DTI ratios?
No bc it is made up by the current housing expense
What does an underwriter do?
An underwriter is responsible for making credit decisions and analyzing the borrower’s loan file.
What would disqualify the use of income generated from a basement apartment in qualifying for a Freddie/Fannie loan?
If it was appraised as a single familiy home. For income to be considered from a basement apartment, the property would need to be appraised as a multi-unit dwelling.
The Homeowners Protection Act or HPA does what?
regulates the cancellation of PMI depending on the borrower’s LTV.
Why did lenders charge subprime loans?
Subprime loans generally had higher interest rates and fees and so the lender could make more money on them than on conforming mortgages. The lender took a higher risk for higher payment.
There are two exceptions when dealing with an adverse action notice, what happens if the lender provides a counteroffer and the applicant does not accept it?
The lender must notify an applicant of adverse action within ninety (90) days after making a counteroffer, unless the applicant accepts or uses the credit during that time. The lender may not have to notify the applicant of adverse action if the application was incomplete, and the lender sent the applicant notice that the application was incomplete.
TRID requires a borrower to:
Indicate their ITP
HMDA reports are due when?
March 1st.
Which rule was NOT mandated by Dodd-Frank?
The Red Flags Rule is rule under FACTA
What happens if an MLO writes a loan while their license is revoked?
The MLO is committing unlicensed activity, the loan is still valid but the MLO broke the law.
Are MLO’s who work in bank branches or credit union branches required to be licensed?
No - They are required to be registered and are not required to take pre-licensing or continuing education, nor are they required to take the National Test Component with the Uniform State Test.
The Opt Out Rule includes which types of notices?
The Opt-Out Rule requires initial, opt-out, annual and revised privacy notices.
Under the Do Not Call Provision, an MLO can contact a previous client from an established business relationship for up to how many months?
18 months after the last transaction, even if the consumer is on the Do Not Call Registry.
What is the first test for a HOEPA loan?
The APR Test. If the APR on the mortgage exceeds the Average Prime Offer Rate (APOR) for a comparable transaction by more than specific percentages then the loan is considered a high-cost home loan.
All third-party fees collected before closing should be placed where?
Into an escrow account until they are disbursed.
It’s okay to advertise terms if:
You have them available to most qualified borrowers.
Under ECOA, it is the lender’s responsibility to notify an applicant of any action taken on the applicant’s request for credit, whether favorable or adverse, within how many days of receiving the completed application?
30
The government uses HMDA data to prevent____
redlining and blockbusting.
Who gives final approval or disapproval on a loan?
The underwriter
After the crisis of the Great Recession according to FHA underwriting when can a borrower repurchase again after a short sale?
FHA’s three-year waiting period starts from: The date of the short sale, OR. If the prior mortgage was also an FHA-insured loan, from the date that FHA paid the claim on the short sale.
If borrower Jill has a loan with an LTV of 95% how would her PMI change if she put an extra 5% down to bring her LTV to 90%?
If Jill brings her LTV down 5%, then it is likely that her PMI would be lower than if she did not put that extra 5% down.
A lender has how many business days to notify the borrower of an underwriting decision?
30
The estimate of closing costs on the mortgage loan disclosed on the Loan Estimate are good for:
The initial Loan Estimate expires 10 business days from the date the creditor provided the LE to the consumer if the consumer does not expressly provide their Intent to Proceed.
ECOA requires the appraisal be given to borrowers:
3 days before settlement
After the crisis of the Great Recession according to Conventional underwriting when can a borrower repurchase again after a Chapter 7 bankruptcy?
4 years from discharge date
One purpose of the Fair and Accurate Credit Transaction Act is to prevent:
identity theft
If the APR on a fixed rate loan increases from the initially disclosed rate by more than ___, an additional waiting period is triggered before the loan can close.
If the APR goes up by more than 1/8th of a percent (.125) there is a new waiting period triggered per TRID.
An affiliated business arrangement must be given if there is what percent of an ownership interest?
1% (per RESPA)
A mortgage company telemarketer has been accused of inappropriately calling two consumers on the National Do Not Call Registry. What is the maximum fine the company could face for this violation?
$43,792
Discount points would only be used if the interest rate offered to the borrower were which of the following?
If the borrower is receiving par rate the lender might offer discount points as an option to lower the borrower’s interest rate.
The adverse action notice must be in writing and contain the specific reasons for why the action was taken or
allow the borrower 60 days to request that information.
The FACTA allows a consumer to dispute inaccurate credit information. How many days are allowed for an incorrect item to be investigated?
30
Mortgage Servicing Disclosure Statement is required by what law?
RESPA
Conventional underwriting says that someone can apply for a conventional loan how many years after a short sale?
4
After the crisis of the Great Recession according to Conventional underwriting when can a borrower repurchase again after a foreclosure?
7 years from the credit report date
When a trust deed (or deed of trust) is recorded, which of the following is true?
A lien is created
The Market Conditions Addendum (Form 1004MC) does what?
enhance the transparency of the market trends and conditions conclusions made by the appraiser.
What is NOT a finance charge in a residential mortgage loan?
Appraisal fee
If an underwriter needs to verify a borrower’s down payment, what might they request the processor order?
A VOD is a Verification of Deposit. It is used to verify if X amount of money is in a borrower’s bank account.
What are the terms of the “cooling off” period if a loan falls under HOEPA?
HOEPA includes a three-day “cooling off” period between the time the borrowers are furnished with disclosures and the time that they are obligated under the terms of the loan.
When is a Notice of Adverse action required when the borrower applies for a loan?
Under ECOA, it is the lender’s responsibility to notify an applicant of any action taken on the applicant’s request for credit, whether favorable or adverse, within thirty (30) days of receiving the completed application
What is NOT considered in calculating a credit score?
The monthly payment affects DTI but does not change a borrower’s score
Which loans are assumable?
VA and FHA loans