Missed Quiz Items Flashcards
Define disparate treatment
When one protected group is treated differently from another similarly situated group - the discrimination is based on/because of a classification.
Define disparate impact
When a neutral policy or practice is applied equally to all applicants, but the policy or practice adversely affects a protected group
What is overt evidence of disparate treatment?
When a lender openly discriminates on a prohibited basis - a blatant statement or action of discrimination
What is comparative evidence of disparate treatment?
When a protected class applicant is treated less favorably than other applicants causing inconsistencies in the approval process - may not be intentional.
Define overt discrimination
When a lender openly discriminates on a prohibited basis - written or oral
Define redlining
An unethical practice where a financial institution makes it extremely difficult for residents of a particular neighborhood to borrow money
Define blockbusting
When a realtor and building developer attempt to convince non-minority property owners to sell their houses at low prices by promoting fear that minorities will soon be moving in
If a borrower is renting out their second home for half the year and living in it for the other half, is the property considered a rental property or investment property?
The property is still considered a rental property due to the borrower not living in the home and renting it out for any amount of time.
What should you do if a realtor asks for borrower’s sensitive information?
Refer the realtor to the borrower - do not give out their information.
Define churning
A loan is refinanced repeatedly, simply to exact more fees from the borrower
Define chunking
The sale of properties at artificially inflated prices, pitched as investment opportunities to naive real estate investors who are promised improbably high returns and loan risks
Define buy & bail
When a homeowner is current on their mortgage, but the value of their home has fallen below the amount owed, so they purchase another home without selling the first one and let the first one go into foreclosure.
Define foreclosure rescue schemes
Scheme that take advantage of borrowers who are in the process of or about to be in foreclosure (promises the borrower they can avoid foreclosure)
Define affinity fraud
When perpetrators rely on a common bond and exploit the trust and friendship that typically exist in the group of individuals to support the scheme
An LO intends to lock a loan then gets busy working on another file. When they go back to the loan to lock it, they realize the rate they were initially disclosed is higher priced. What do you do?
LO pays the difference to get the disclosed rate - borrowers are not responsible for your mistakes.
Define equity skimming schemes
An investor buys property from a homeowner facing foreclosure and agrees to lease the home to the homeowner. The fraudster then pays off the amount owed in foreclosure to acquire the deed and receives the homeowner’s equity
What are the four types of privacy notices?
Initial, opt-out, annual, revised
What is pretexting?
When a consumer’s information is obtained under false pretenses
What is the pretexting rule?
Prohibits the use of forged, counterfeit, lost, or stolen documents to obtain customer information from a financial institution
What is the safeguard rule?
Requires all files to be kept confidential and stored in a locked cabinet or drawer when not in use.
How long are you required to keep all file documents?
3 years - CD is 5 years
GLBA has three rules. What are they?
Safeguard, pretesting, financial privacy/opt-out
What is the MARS rule?
Made it illegal for mortgage assistance relief providers to collect upfront fees and requires additional disclosures
What regulation goes with the MARS rule?
Reg O (MARS-O)
What is the disposal rule?
A rule that dictates how institutions should dispose of consumer information
The disposal rule is part of what act?
FACTA
What is the opt-out rule?
Requires the use of privacy notices and allows the consumer to determine what information is shared with or sold to others
What does the chain of title show the underwriter?
Chain of title can help the underwriter identify illegal property flipping.
If a competitor is promising a borrower something and you promise the borrower the same thing or better not knowing if you can uphold the promise, is it legal and/or ethical?
This is legal, but is not ethical to make false promises.
If a borrower has a joint bank account with someone who is not a borrower, what must be done?
Disclose and document the deposits for the borrower and the non-borrower
If a loan is canceled by a borrower who decides to go with a different lender, is it ethical and/or legal to invoice the borrower for third-party fees?
This is both legal and ethical.
Define short sale flip
A perpetrator manipulates the short sale lender into approving a short payoff and conceals an immediate contingent sale to a pre-arranged end-buyer at a significantly higher sales price
Define short sale
A means of selling a house for less than the outstanding mortgage on it
Define ethics
Moral principles that govern a person’s behavior or conduct
Define morals
The principle concerning the distinction between right and wrong
Define pre-texter
Pretender
Define straw buyer
Individuals used by fraudsters to obtain a mortgage
What does FCRA stand for?
Fair Credit Reporting Act
What regulation goes with FCRA?
Reg V (FCRA-V)
What does GLBA stand for?
Gramm-Leach-Bliley Act
What regulation goes with GLBA?
Reg P (GLBA-P)
What does GLBA require of LOs?
Protect borrowers’ non-public information
What law made the QM rule?
Dodd-Frank
The Consumer Financial Protection Bureau (CFPB) was created from what law?
Dodd-Frank
Dodd-Frank is its own, separate law, but it is part of what other law due to it mandating parts of the other law?
TILA-Z
HOEPA, HPML, QM, ATR, and LO Comp all fall under…
TILA-Z
What is the Community Reinvestment Act?
Encourages depository institutions to help meet the credit needs of the communities in which they operate
What is the Fair Credit Reporting Act?
Regulates disclosure and use of consumer-credit information and ensures the right of consumers to have access to and to correct their credit reports.
What is the Home Mortgage Disclosure Act?
Provides the public loan data that can be used to assist in determining whether financial institutions are serving the housing needs to their communities and helps to identify potential discriminatory lending patterns
What is the Equal Credit Opportunity Act?
A law that makes it illegal for any lender to discriminate against an applicant based on race, religion, national origin, sex, etc
What is FACTA an amendment to?
FCRA
True or False - FACTA implemented that credit bureaus must provide free credit scores once a year.
False - FACTA implemented that credit bureaus must provide free credit reports once a year.
What does FACTA stand for?
Fair and Accurate Credit Transactions Act
What does RESPA stand for?
Real Estate Settlement Procedures Act
True or False - RESPA does not cover vacant land, land exceeding 25 acres, commercial or business loans, the government, or temporary financing.
True
What regulation goes with RESPA?
Reg X (RESPA-X)
What does MAP stand for?
Mortgage Acts and Practices
What regulation goes with MAP?
Reg N (MAP-N)
What does HMDA stand for?
Home Mortgage Disclosure Act
What regulation goes with HMDA?
Reg C (HMDA-C)
What does FinCEN stand for?
Financial Crime Enforcement Network
The Electronic Signature in Global and National Commerce Act is also known as…
The E-Sign Act
What does AfBA stand for?
Affiliated Business Arrangement
What does a lifetime cap do?
Limits the total upward adjustment for an ARM
How long after a Ch. 7 bankruptcy can a borrower qualify for an FHA loan?
2 years from the discharge date
How long after a Ch. 7 backruptcy can a borrower qualify for a CONV loan?
4 years from filing
How long after a Ch. 7 backruptcy can a borrower qualify for a VA loan?
2 years from the discharge date
How long after a Ch. 7 backruptcy can a borrower qualify for a USDA loan?
3 years from the discharge date
How long after a Ch. 13 bankruptcy can a borrower qualify for an FHA loan?
1 year after filing
How long after a Ch. 13 bankruptcy can a borrower qualify for a CONV loan?
2 years from the discharge date or 4 years from dismissal
How long after a Ch. 13 bankruptcy can a borrower qualify for a VA loan?
1 year after filing
How long after a Ch. 13 bankruptcy can a borrower qualify for a USDA loan?
1 year after filing
What never changes in an ARM?
Margin
What does ARM stand for?
Adjustable Rate Mortgage
Which two forms disclose the pre-payment penalty?
LE and CD
What percentage does 1 basis point translate to?
.1%
The index + the margin =
The fully-indexed rate
What does HECM stand for?
Home Equity Conversion Mortgage
What is the loan limit on CONV SFR?
$726,200
How long after a foreclosure can a borrower qualify for a CONV loan?
7 years
How long after a foreclosure can a borrower qualify for an FHA loan?
3 years
How long after a foreclosure can a borrower qualify for a VA loan?
2 years
How long after a foreclosure can a borrower qualify for a USDA loan?
3 years
How long after a short sale can a borrower qualify for a CONV loan?
4 years
How long after a short sale can a borrower qualify for an FHA loan?
3 years
How long after a short sale can a borrower qualify for a VA loan?
2 years
How long after a short sale can a borrower qualify for a USDA loan?
3 years
What are 2 unmarried borrowers called?
Co-mortgagers
What is the difference between a co-borrower and a co-mortgager?
Co-borrowers are married and on the same 1003.
Co-mortgagers are not married and therefore must submit separate 1003s.
How is rental income used?
The underwriter will take the lesser of the two options:
75% of the lease or 75% of the comparable rent addendum
If the net from rental income is positive, it can be counted as…
Income
If the net from rental income is negative, it should be counted as…
Monthly debt
PMI is on all loans over…
80% LTV
What is the calculation for the maximum monthly housing payment?
When given the front-end ratio, take the ratio (in decimal form) and multiple it to the monthly income
What is the calculation for front-end DTI?
Monthly housing payment / monthly income
What is the calculation for an ARM’s maximum rate?
Take the last number of ARMs caps and add it to the starting rate.
What does CRV stand for?
Certificate of Reasonable Value
What are costs the seller or lender pay called?
Seller concessions
What does HOEPA stand for?
Homeowners Equity Protection Act
What section(s) of TILA go with HOEPA?
Section 32 and Section 35
What is Section 32 of TILA?
HOEPA - high-cost
What is Section 35 of TILA?
HPML - high-price
What does Section 8 of RESPA do?
Prevents anything of value being exchanged for referrals or kickbacks
What is the Service Relief Premium based on?
Market value of the mortgage note (ie. interest rate, loan type, margin for ARMs, LTV, credit score, PMI, pre-payment risk)
If you are found in violation of the SAFE Act, what is the maximum fine?
$25,000 per violation
If you are found in violation of TILA-Z (including RESPA Section 8), what is the penalty?
$5,000 fine / 1 year in prison
If you are found in violation of RESPA Section 8, what is the penalty?
$10,000 fine and/or 1 year in prison
What does RESPA Section 6 do?
Regulates the servicing of mortgage loans
What does RESPA Section 10 do?
Regulates the escrowing of property tax and insurance
What does RESPA Section 9 do?
Prohibits requiring the purchase of settlement services as a condition for the sale of a property
True or False - TRID applies to reverse mortgages and HELOCs
False
If you are found in violation of the DNC rule, what is the penalty? (2024)
$50,120 fine
If you are found in violation of the DNC rule, what is the penalty? (2023)
$42,530 fine
Telemarketers cannot call between what hours?
9:00pm - 8:00am
True or False - If a customer is on the DNC list, an MLO can contact them if they are a previous client (can contact for 18 months from transaction), a prospective client who submits an inquiry/application (can contact for 3 months), or a client who has given written permission to be solicited with an unspecified time frame.
True
What is the maximum DTI for CONV?
28% / 36% (can go up to 45%)
What is the maximum DTI for FHA?
31% / 43%
What is the maximum DTI for VA?
41%