NMLS Test Prep Flashcards
What does TILA stand for?
Truth In Lending Act
3/7/3 Rule
Initial disclosures to be provided within 3 days of applying; earliest to close the loan is the 7th business day after disclosures are provided; 3 business day waiting period before consummation if re-disclosures are required.
What Act requires disclosure of the APR
TILA
What is the Right to Rescind?
The borrower has the ability to cancel 3 days after close on a refinance transaction of a primary residence.
What does advertising require under TILA?
Disclosure of certain terms (APR) when an ad contains Trigger Terms.
What are “Trigger Terms” under TILA?
Down payment, term, payment, any refinance charge.
How long is the Right to Rescind if rescission rights are violated?
3 Years
What is required within 3 business days of application?
The Loan Estimate - (replaced the Good Faith Estimate and Truth in Lending disclosure form). The CHARM booklet for ARMs.
What is the Loan Estimate or LE?
An initial disclosure to inform and help applicants obtain an early understanding of the features, costs, and risks associated with the loan.
What is the CHARM booklet?
Consumer Handbook on Adjustable Rate Mortgages
When is the CHARM booklet required?
Within 3 business days of the application on all Adjustable Rate Mortgages.
What is the Closing Disclosure or CD?
A disclosure used to help borrowers understand the final costs and terms of the transaction.
What is the of purpose TILA?
To promote informed use of consumer credit by requiring disclosures about it’s terms and cost. Helps consumers compare costs when shopping for a mortgage loan.
What is Regulation Z?
The federal regulation that implements TILA.
Who handles rule making and enforcement power under TILA?
CFPB (Consumer Financial Protection Bureau)
What is the Transfer of Ownership Disclosure? When is it required?
Disclosure required when entities purchase or acquire mortgage loans. It is required within 30 days after the acquisition.
What is the definition of business days when calculating the Right of Rescission?
Includes any day except Sundays and federal holidays.
Who does the Right to Rescind apply to?
Anyone appearing on title to the property, not just the borrowers.
When a loan is rescinded, how long does the lender have to refund any monies collected?
20 calendar days
What section of HOEPA falls under TILA?
Section 32 - Additional disclosures and limitations on loan terms apply to certain loans with high interest rates and/or high loan fees.
What does HPML stand for?
Higher-Priced Mortgage Loans or Section 35 loans.
What is a Higher-Priced Mortgage Loan?
A loan that exceeds the Average Prime Offer Rate (APOR).
What does TRID stand for?
TILA-RESPA Integrated Disclosure
What types of loans does TRID not apply to?
HELOCS, reverse mortgages, mobile homes not secured by real estate.
How long must records of Loan Estimates (LEs) be kept?
3 years after the loan has been cosummated.
What fees can be collected prior to the Intent To Proceed?
Credit Report
What 6 pieces of information are considered to complete an application?
Property address, Name, Estimated Value of the Property, Income, Loan Amount, Social Security Number.
What is considered a business day as it relates to the deadline for delivering the initial Loan Estimate?
Any day on which the creditor is open to the public for conducting regular business activity.
What day on the 3 day clock is it when you receive the application?
Day zero. The 3 day period begins the day after the application has been triggered.
What is the Annual Percentage Rate (APR)?
The total cost of credit over the life of the loan.
What is the Total Interest Percentage (TIP)?
The total amount of interest the borrower will pay over the life of the loan. Only accurate when the borrower makes the minimum monthly payment for the life of the loan.
When is the Home Loan Toolkit required?
3 days after application ONLY on purchase transactions.
How long must a Closing Disclosure be kept by the creditor?
5 years
How long must a Loan Estimate be kept by the creditor?
3 years
What is considered a business day as it relates to the delivery of the Closing Disclosure?
All days except Sundays and federal holidays.
What is URLA?
Uniform Residential Loan Application - aka the 1003
What does the URLA or 1003 do?
Presents a complete and accurate financial picture of the borrower as of the date of the application.
What are the two types of AUS?
Desktop Underwriter (DU) - Fanny Mae Loan Product Advisor (LPA) - Freddy Mac
What is mortgage fraud?
Intentionally concealing, adjusting, or withholding any material facts that may affect the application.
What counts as neglegance?
Unintentional Misrepresentation
What is Material Knowledge?
If knowledge of that fact would lead a lender to consider a different course of action on the application.
Who obtains a complete and accurate 1003 from the borrower?
The Loan Originator
Who should understand the goals of the borrower?
The Loan Originator
What is the Loan Estimate?
A required disclosure of the known or anticipated fees, charges, or settlement costs that the applicant is likely to incur at the time of settlement (closing) of the loan.
Mortgage Loan Servicing Disclosure
A required disclosure that provides notice of the lender’s intent to transfer or retain servicing of the loan.
What is loan servicing?
The process of collecting the principle, interest, and escrow account payments on a loan.
What is the Home Loan Toolkit?
A required disclosure that must be provided to all borrowers on Purchase Transactions ONLY. It sets forth general information regarding the loan process from application to closing with concentration on fees and charges.
What is the Adjustable-Rate Mortgage Disclosure?
A required disclosure detailing how the interest rate will be calculated, when the loan will adjust, and a historical reference of index values on the index the loan’s rate will be tied to.
What is the CHARM Booklet?
Specific to ARMs - consumer handbook on Adjustable Rate Mortgages. Issued by the Federal Reserve.
When must a creditor issue a new disclosure?
If the APR is understated by more than 1/8% for a regular loan or by more than 1/4% for an irregular loan after the initial disclosure is issued, the creditor must issue a new disclosure with the accurate APR and wait an additional 3 days before consummating the loan.
What initial disclosures are required by RESPA?
Servicing Disclosure and Affiliated Business Arrangement Disclosure (when applicable)
What initial disclosures are required by TILA?
Loan Estimate, Home Loan Toolkit, Homeownership Counseling Disclosure, CHARM Booklet, and ARM Disclosure
What is the earliest a loan can close?
The 7th business day after the Loan Estimate has been provided to the borrower. The Closing Disclosure can be provided during this waiting period.
RESPA Disclosures Business Day is considered?
Any day the creditor is open for business, may not include Saturdays, Sundays, and Holidays.
Revised LEs (Change of Circumstance), CD, and most other TILA requirements business day is considered?
Any day of the week except Sundays and Federal Holidays.
Loan Processors should be able to?
Immediately scrub application, quickly complete data entry into lender’s system, prepare and deliver initial disclosures within required time frame (3 days), submit info to AUS, and submit the file to an underwriter.
When is cash acceptable for down payment and/or closing costs?
When it is seasoned in a bank account for a minimum period of time. Typically for 60 days.
What must be provided from the sale of current residence to prove assets?
The Closing Disclosure (CD) from the transaction.
What is a requirement of gift funds?
Repayment of funds cannot be part of the gift.
Sale of assets for cash requires?
Proof of ownership of asset sold, market value of asset, and to provide the Bill of Sale and Proof of Payment.
What are allowable borrowed funds?
Funds that are secured by an asset of the borrower, such as a 401k.
Cash on hand/Unverified Cash
Cannot be used as a source of a down payment or for closing costs.
What rate will an underwriter use to calculate monthly payment of a revolving account when monthly payment is not shown on the credit report?
5% of the unpaid balance.
When may an installment loan be excluded from the qualifying ratio?
When 10 or fewer payments remain.
Auto leases are always included in the qualifying ratios regardless of the balance remaining, true or false?
True, they are always included in the qualifying ratio, regardless of the balance remaining on the lease.
When do you use 1% of the unpaid balance of a student loan for qualifying ratios?
When a payment letter cannot be obtained.