Practice Questions Flashcards
What law pertains to why a mortgage loan originator would need to be licensed?
SAFE Act
Where would an NMLS number (unique identifier) not need to be displayed?
Inter-office communications and company signage
As part of minimum standards to verify your identity, what is something a mortgage loan originator would be required to do?
Be fingerprinted
What is the purpose of finger printing?
To ensure that the individual has not had a felony in the past 7 years, or a financial related felony ever
Adrian Beltre was convicted of felony assault 8 years ago, Michael Young was convicted of fraud 35 years ago. Which individual would be able to hold an NMLS license?
Adrian Beltre. Tolerance level for non-financial felonies is 7 years, where the tolerance for financial related felonies is indefinite
State licensed originators work for ____ institutions
Non-depository
Registered Loan originators work for:
Banks, credit unions, etc. They are exempt from testing
What are the step for NMLS licensing?
- 20 hours of pre licensing education
- Pass the SAFE Test
- Fingerprinting for background information
- 8 hours of continued education
What is the total number of hours for pre-licensing education?
20. 3 hours of federal laws 3 hours of ethics 2 hours of non traditional 12 hours of electives
What is something the state regulatory may never do?
Waive the mandatory 20 hours of pre licensed education
What is the hour breakdown of the 8 hours of continued education?
3 hours of federal laws
2 hours of ethics
2 hours non traditional
1 elective hour
If a MLO fails the SAFE test, how long will they need to wait before taking it again?
30 calendar days
An MLO has just failed their test for the third time, how long must they wait before testing again?
6 months;180 calendar days
Who would not be exempt from holding a state license?
A processor or underwriter that is NOT a W2ed employee
Independent contractor
What is the purpose of RESPA?
To allow the borrower to shop for settlement services, ensure accurate disclosure , and prevent against unearned fees
Who is in charge of RESPA?
CFPB
What law was the CFPB created under?
Dodd Frank
What by definition is a transaction that would be covered by RESPA?
Residential transactions with 1-4 units for permanent financing
Which of the following transactions would not be applicable to RESPA?
a. An apartment building
b. A duplex occupied by the owner and a renter
c. A single family home
d. a condominium occupied by the owner
a.
What loan is exempt from RESPA?
A construction loan.
This is an example of temporary financing
The loan estimate is required to be disclosed after what 6 pieces of information are collected?
A- Address L- Loan amount I- Income for qualification E- Estimated home value N- Name of Applicant S- Social Security
When is the LE due to the customer?
Within 3 business days of application
starts the day after application
What is the only fee a customer could be charged prior to receiving an LE
The credit report fee
Whose responsibility is it to ensure the borrower receives the LE on time?
The lender
Based on the date that the loan estimate is issued, how long would a consumer have to wait before consummation of the loan?
7 business days
A customers loan estimate is generated on Tuesday, what is the earliest the loan can be consummated?
Wednesday of the following week
When the LE is disclosed, how long are the rates valid for?
10 business days
What is needed before the applicant can be financial committed to the loan?
Intent to proceed
How long must the intent to proceed be kept?
3 years
Once intent to proceed has been given, what is the only lender fee that the customer could incur?
Application fee
If a change of circumstance occurs, how long does the lender have to re disclose the LE
3 business days of the discovery of the change of circumstance
Once a revised loan estimate has been given to the customer, how long must they wait before signing
4 business days
What type of charge has 0% tolerance?
Any lender fee or fee required by the lender
What type of fee has a 10% tolerance rate?
Any fee that the applicant can shop for but instead uses a lender suggested settlement service
What type of fee has no tolerance?
Any fee that the borrower can shop for
escrow, prepaid interest
Which of the following would not be an accepted change of circumstance?
a. Act of God
b. New information
c. Changes in information on original LE
d. The consumer decides to change mortgage companies
d.
In a purchase transaction, the Real Estate Settlement Procedures Act requires what document be disclosed within 3 business days?
The Special Information booklet- Your Home Loan Tool Kit: a Step by Step Guide
When is the Affiliated Business Arrangement due?
At the time of referral
When is a ABA necessary?
When a lender is suggesting a service that they own 1% or more stake in
The Closing disclosure is due how many days before closing?
3 business days
Who must receive a closing disclosure?
All parties with ownership rights of the property
What is the purpose of an aggregate adjustment?
To prevent escrow overages
How much can an individual be charged for a preparation fee of any federal document?
zero
The servicing transfer notice is due how many days before transfer?
15 days
The new servicing company must notify the customer within how many days of taking over the loan?
15 days
No late fees can be incurred for how many days following transfer of a loan?
60 days
After transfer of a loan to the servicing company, they have _______ days to complete the initial escrow analysis
45
What would happen to an overage of $40 in escrow
It will remain in escrow
What would happen to an escrow overage of $51?
It would be refunded to the customer within 30 days
If an escrow shortage occurs, what may the borrower do?
Spread it over 12 months in order to catch up
What is escrowed?
taxes, flood insurance, mortgage insurance, home owner’s insurance
What fee is never escrowed?
HOA fee
fee splitting is only allowed under RESPA if:
Both parties render a service
If a processor charges a $500 fee, but the loan originator charges the borrower $800, they are guilty of what
A markup or unilateral increase
If a customer does not have HOI, the servicer will disclose ______ notices and give the borrower _____ days to prove that they have insurance
2;45
If a borrower is wrongfully given force placed insurance, the lender has how many days to refund any overlapping fees?
15 days
What is the maximum cushion that can be placed on an escrow account?
2 months or 1/6 of total annual disbursements
when would live contact be required when a customer has their loan with a servicing company and are delinquent on payments?
Must be made by the 36th day
How long does a servicing company have to provide written contact to a borrower delinquent on payments?
No later than the 45th day
A customer has an ARM that is soon to be subject of adjustment. how long does the servicing company have to send the customer the rate change disclosure?
No later than 60 days before adjustment, but no sooner than 120 to adjustment
this allows customer time to refinance
Which transaction would not apply to TILA
An investment property
How is the cost of credit displayed as a dollar amount?
Finance charges
P- Processing Fee O- Origination Fee D- Discount Points I- Interest U- underwriting M- Mortgage Broker fee M- MIP
How is the cost of credit displayed as a percentage?
APR
If APR changes by more than ______ a revised LE must be sent to the customer
.125% or 1/8%
What would always be a finance charge?
lender fees
What is never a finance charge?
escrow
Along with an LE and a CD what is the customer always going to receive with an ARM
CHARM booklet and a loan program disclosure for ever ARM they show interest in
What does the borrower receive when applying for a HELOC
“What you should know when your home is on the line”
In addition to the CFPB who would also help regulate for advertising under the Truth in Lending Act
FTC- Federal Trade commission
If only APR is disclosed in an advertisement, what other information is needed?
Nothing
In order to stay in compliance with the Truth in Lending Act, how long would a lender need to keep record of an advertisement?
36 Months
Which of the following transactions allows rescission rights?
a. refinance of a investment property
b. purchase transaction
c. purchase of land
d. a refinance transaction
d. refinance transaction
only applies to primary residence
A husband and wife show up to closing. The husband receives 2 copies of the rescission rights while the wife receives 1 copy. How long are the rescission rights now?
3 years
If the borrower exercises rescission rights, how long does the lender have to place them back in the prior financial situation before the loan?
20 business days
What would be a situation where the customer could waive their right to rescission
Bona fide financial emergency
When does the rescission period begin?
the day after closing
The loan closes on Tuesday, when would the loan be scheduled to fund?
Saturday
the day after the rescission period ends
What is considered a business day when disclosing the initial LE?
Any day that the financial institution is open
What is considered a business day in all situations except disclosure of the initial LE?
Any day except Sunday and public holidays
What 6 elements constitute an active application?
A- Address L- Loan Amount I- Income Used E- Estimated home value N- Name of applicants S- Social security Number
How long does the lender have to refund any overages between the LE and CD to stay in compliance with TRID
within 60 days of consummation
How long must record of the LE be kept?
3 years
How long must record of the CD be kept?
5 Years
What is the only way a MLO can be paid?
basis points on the volume of loans generated
What is the definition of steering?
Pushing an applicant towards a program for the personal gain of the MLO, not the customer
How could a loan originator help a loan applicant who is struggling to bring all the funds to closing?
May suggest a higher rate than par and use borrower credit to offset closing costs
What is considered a non traditional mortgage?
anything other than a 30 year fixed rate
can be FHA, VA, Conventional, etc. Just has to be 30 years with a fixed rate
What 2 loan options are exempt from the ATR rule under Dodd Frank?
HELOC and reverse mortgage
What entity would be responsible for setting guidelines and managing conduct for appraisers?
Uniform Standards of Professional Appraisal Practice
Which of the following would be allowed when conversing with an appraiser?
a. misrepresenting or mischaracterizing the appraised value of security collateral
b. Seeking to influence the appraisal or encouraging a target value
c. withholding or threatening to withhold payment for an appraisal contingent on value or loan settlement
d. asking an appraiser why that specific property appraised for the amount that it did
d. asking an appraiser why that specific property appraised for the amount that it did
How does a qualified mortgage benefit a lender?
Gives a safe harbor that upon sale make the loan non transferable back to the lender
How long can a prepayment penalty be place on a loan?
3 years
in the first 2 years they cannot be charged more than 2% and in the last year they cannot be charged more than 1%
How long does the customer have to manage an escrow account in an HPML
5 years