MLO Test Ready Flashcards
When ordering an appraisal, it is illegal to. . .
Request that the appraiser return a minimum or specific value. Mortgage professionals are permitted to communicate their own or the borrower’s opinion when ordering an appraisal; however, requesting a specific or minimum value is considered improper influence of an appraiser and is a serious ethical and legal violation.
Borrower credit is…
An amount paid by the lender to borrower for locking an interest rate at a rate higher than the par rate. The borrower credit is used to help the borrower subsidize closing costs in exchange for taking the higher rate.
MAP Rule implementing regulations…
Regulation N
Equity stripping is…
The unethical practice of basing a loan approval on only the appraised value of the property. The practice does not consider repayment ability. Some states have passed regulations aimed at prohibiting the practice.
Three conditions that an affiliated business must meet to satisfy referral requirements…
Disclosure of the relationship
No required use of the referred entity
Limitations on the “things of value” resulting from the arrangement
Regulation Z prohibits advertising…
An attractive interest rate or loan term that is not actually available. TILA and Regulation Z include a number of prohibitions and requirements against deceptive advertising practices.
The Safeguards Rule and Disposal Rule are concerned with…
Preserving the confidentiality of personal financial information. The FTC’s Disposal Rule and the Gramm-Leach-Bliley Act Safeguards Rule outline the manner in which financial information must be protected while being maintained by an entity and during the process of record disposal.
“Fiduciary duty” means…
One person (agent) is acting in the best interests of another. It requires loyalty, good faith, and an obligation of the agent to consider the interests of the other person before their own.
An air loan is…
A fraudulent transaction where a fictitious borrower obtains a mortgage and secures it with fictitious property. Air loans may also include fictitious employers, appraisers, and credit agencies in order to obtain verifications necessary to process the loan application.
Equity-based lending occurs when…
A lending decision is based on the equity available in the borrower’s home rather than creditworthiness and ability to repay.
Yield spread premiums are now known as…
Borrower credits.
What are the penalties for violation of RESPA/Section 8?
Section 8 of RESPA prohibits referral fees and other forms of kickbacks/fee splitting. Penalties include fines of up to $10,000 and up to one year in prison.
Disclosures due within three business days of loan application…
Loan Estimate
Your Home Loan Toolkit: A Step-by-Step Guide
CHARM Booklet
Variable-rate program disclosures
Home equity plan disclosures
Notice of Right to Receive an Appraisal Report
What can result in a $1,000,000 fine and 30 years in prison?
Acts of mortgage fraud.
Definition of the term “creditor”
The Equal Credit Opportunity Act (ECOA), the Fair Credit Reporting Act (FCRA), and the Fair and Accurate Credit Transactions Act (FACTA) all use the same definition of creditor. A creditor is any person who regularly extends, renews, or continues credit. Loan originators, lenders, and other mortgage professionals are included in this definition.
Transactions reported under HMDA…
Purchases
Refinances
Home improvement loans
Pre-qualifications must also be reported, along with their disposition
When a borrower’s LTV reaches 80%…
He/she is permitted to request cancellation of PMI. The Homeowners Protection Act sets the requirements for cancellation of PMI. It is at the lender’s discretion to permit cancellation – the borrower must be current on payments.
An initial privacy notice is due…
At the time that a customer relationship is established. The Gramm-Leach-Bliley Act requires financial institutions (including mortgage brokers) to provide an initial privacy notice “…not later than when you establish a customer relationship…” The initial privacy notice should also be accompanied by the opt-out notice.
HMDA requires loan originators to…
Request information on an applicant’s race, ethnicity, and sex. The applicant may decline to answer, in which case the loan originator must make a best guess based on visual observation. This information is necessary to meet the reporting requirements of HMDA.
A permissible purpose is required…
When obtaining a credit report. Under FCRA, lenders and mortgage professionals must provide the consumer reporting agency with a certification of permissible purpose in order to pull credit. Loan qualification is considered a permissible purpose.
The Gramm-Leach-Bliley Act does not protect…
Publicly-available information. This includes information that can be found in government real estate records, information available from the phonebook, and information included on a public, unrestricted website.
The Loan Estimate must be provided…
No later than three business days after receiving a completed application
No later than seven business days prior to consummation
The Closing Disclosure must be provided…
At least three business days prior to consummation
Exceptions to ECOA prohibited inquiries…
Although ECOA prohibits inquiries about protected personal characteristics, mortgage professionals are permitted to ask about race, ethnicity, and sex for the purposes of compliance with government monitoring programs (such as HMDA). Inquiries about protected characteristics may also be used to determine eligibility for special-purpose credit, such as assistance programs through non-profits.