Questions #2 Flashcards

1
Q

The Safeguards Rule is a component of what federal regulation?

A

The Gramm-Leach-Bliley Act, among other things, requires all financial institutions to implement a program to protect the sanctity of customers’ and consumers’ non-public, personal information. This program must be assigned an individual overseer, must be periodically updated, and must be regularly tested.

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2
Q

Which of the following regulations requires all financial companies and some creditors to implement an identity theft prevention program?

A

The FTC’s Red Flags Rule, among other things, requires that all financial institutions and some creditors implement and administer an identity theft prevention program that identifies the red flags of identity theft, designs a method of detecting the red flags identified, spells out the appropriate actions that anyone detecting a red flag must take, and details how the institution will keep its identity theft prevention program current to react to new threats.

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3
Q

this is when the lender provides the settlement agent with the loan proceeds.

A

Providing the proceeds to “fund” the loan is known as funding.

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4
Q

The maximum LTV permitted through an FHA cash-out refinance is:

A

80%.

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5
Q

An option loan affords all but which of the following four payment options:

A

minimum payment which could lead to negative amortization and payment shock, interest only which could lead to payment shock, a 15-year payment equivalency, and a 30-year payment equivalency.

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6
Q

non traditional credit report - # of trade lines and age to get a mortgage?

A

A non-traditional credit report must contain a minimum of four tradelines with one being residential. All tradelines used must also contain a minimum 12-month history.

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7
Q

Which of the following is a consequence of exercising one’s right to rescind?

A

When a right to rescind is exercised, the new loan does not fund, the loan which it may have originally intended to refinance does not pay in full, and any money that the applicants paid into the transaction must be fully refunded to them within 20 calendar days.

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8
Q

How would the reissuance of a Closing Disclosure affect the loan closing?

A

When a revised Closing Disclosure is issued, three additional precise business days must elapse before the customer may consummate the transaction in order to provide the customer with ample time to consider the changes and into what they’re entering.

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9
Q

example of a standard ARM?

A

A 1/1 is an example of a standard ARM. A standard ARM carries an initial interest rate that is stable for the first year and adjusts annually thereafter.

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10
Q

Prior to closing on a HOEPA loan, the borrower must:

A

Customers seeking to close on a loan that exceeds one or more of the established HOEPA thresholds must complete homeownership counseling from a HUD-approved counseling agency. Within three business days of receiving an application for a HOEPA loan, lenders must provide the applicant with a list of 10 homeownership counseling agencies that are closest to the zip code of the applicant’s current address.

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11
Q

Once a Closing Disclosure is issued can a revised LE be issued?

A

Once the Closing Disclosure is issued, the lender may not issue a revised Loan Estimate. If a valid change of circumstance occurs between the fourth and third days prior to closing but before the issuance of the Closing Disclosure, the lender may reflect the changes on the Closing Disclosure.

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12
Q

When must a Loan Estimate be issued to an applicant in accordance with TRID?

A

three general business days from the date of application

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13
Q

By when must a revised Loan Estimate be reissued in the presence of a valid change of circumstance?

A

no later than three general business days from the date of the change of circumstance.

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14
Q

What is Life of Loan?

A

The life-of-loan cap establishes an interest rate ceiling beyond which a particular loan’s adjustable interest rate may not climb.

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15
Q

What are the 4 typles of ARM caps?

A

1) initial adjustment, 2) periodic 3) life-of-loan 4) payment.

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16
Q

Committing fraud pertaining to a federally-guaranteed or insured loan may result in a penalty of

A

30yrs in prison and $10K fine

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17
Q

What is a full factual

A

A full factual (also referred to as an investigative consumer report) is a real-time verification and accurate report reflecting a consumer’s complete credit profile ascertained through interviews with the consumer and his or her creditors.

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18
Q

The legal description of the property being financed appears on the:

A

The schedule A of a title insurance binder describes who is listed as the owner or owners of record on a property and also provides the property’s legal description.

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19
Q

Who’s responsibility to certify permissible purpose to the CRA?

A

It is the user’s responsibility to certify permissible purpose to the CRA from which it ascertains consumer credit information. FCRA requires furnishers to notify CRAs when previously-reported information warrants correction, when a customer disputes the accuracy or completeness of previously-provided information, when customers become delinquent, and with the results of the investigation it must conduct along with whatever corrective action it is taking, if applicable, within 30 days of receipt of notification from a CRA informing it of a customer dispute.

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20
Q

Model State Legislation:

A

is Min Licensing Standards. The Model State Legislation is the basic foundation constituting the SAFE Act’s implementation. States may individually layer on top of this basic model.

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21
Q

what are the three standard appraisal approaches?

A

1) The cost approach 2) income approach 3) The sales comparison approach

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22
Q

Residential mortgage loans that do not require a right of rescission

A

purchase transactions, refinances of non-primary residential properties, original mortgages refinanced through their original lenders, and refinances through state agencies.

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23
Q

3 ways FTC’s Disposal Rule mandates that any non-public, personal information be disposed of

A

shredding, burning, or pulverizing

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24
Q

What is an IRRRL

A

VA streamline refinance.

25
Q

What is a reconveyance clause

A

forces the conveyance of full property rights to the homeowner upon satisfaction of the debt.

26
Q

what is MERS?

A

is short for Mortgage Electronic Registration Systems. MERS is an electronic national database that tracks changes with registered mortgages. … It tracks servicing rights and ownership of mortgages. The MERS fee is typically considered to be one of the costs associated with the sale of the home.

27
Q

3 types of RM’s?

A

1) single purpose reverse 2) A proprietary reverse mortgage 3) home equity conversion mortgage (HECM) - a) The single purpose reverse is a loan to fund a particular purpose such as home improvement or the payment of overdue taxes. A proprietary reverse mortgage is a private reverse loan. The home equity conversion mortgage (HECM) is the standard reverse mortgage.

28
Q

right of rescission is established by what Act?

A

TILA establishes the right of rescission. TILA operates under Regulation Z.

29
Q
Respa like Rexpa
Tila like god Zila . 
ECOA = B EQUAL 
ECOA = B for the snake a Boa constrictor 
FACRA = V VERY FAIR
HMDA= C: TO SEE WHAT IS HAPPENING .
Tila-GodZilla
RESPA is rated “X”
A
Respa like Rexpa
Tila like god Zila . 
ECOA = B EQUAL 
ECOA = B for the snake a Boa constrictor 
FACRA = V VERY FAIR
HMDA= C: TO SEE WHAT IS HAPPENING .
Tila-GodZilla
RESPA is rated “X”
30
Q

Appraisals should always be dated before or after the sales contract?

A

after the sales contract.

31
Q

revised Closing Disclosure must be issued when

A

1) the loan’s final APR exceeds the APR disclosed on the initial Closing Disclosure by more than 0.125%
2) the loan’s final finance charge exceeds the finance charge disclosed on the initial Closing Disclosure by more than $100
3) the loan product changes
4) a pre-payment penalty is incorporated into the loan

32
Q

Dodd-Frank Wall Street Reform and Consumer Protection Act enacted?

A

2010

33
Q

An active duty alert:

A

afford extra protection to actively-deployed military personnel who are unable to regularly monitor their credit profiles.

34
Q

FNMA form 1025 used for what?

A

is used to appraise multi-family properties intended for use, in whole or in part, as investment properties

35
Q

form 1007

A

single-family dwelling to be used for investment purposes

36
Q

1004 is synonymous to what form?

A

URAR (Uniform Residential Appraisal Report) the standard appraisal form used to appraise single-family, primary residences.

37
Q

CSBS short for what?

A

Conference of State Bank Supervisors

38
Q

responsible for creating the NMLS and the CFPB?

A

CSBS, HUD and AARMR - Conference of State Bank Supervisors, the Department of Housing and Urban Development, and the American Association of Residential Mortgage Regulators.

39
Q

power of sale clause

A

When a power of sale clause exists in a mortgage, the lender can take ownership of the property after default. If the mortgage does not include a power of sale clause, the lender has to file a lawsuit and a judicial foreclosure must ensue.

40
Q

form on which a financial institution reports its HMDA data

A

Loan Application Register (LAR) is the form on which financial institutions report their HMDA data to the federal government.

41
Q

“Four C’s” of underwriting consist of

A

Credit (the likelihood of repaying the loan), Capacity (the ability to repay the loan), Capital (the amount of savings representing responsible funds management), and Collateral (the lender’s security in the event that the loan is not repaid).

42
Q

How long will the issuance of a revised Loan Estimate delay the closing?

A

When a revised Loan Estimate is issued, the closing may not occur for at least four precise business days after the consumer receives it. If the revised Loan Estimate is issued electronically or mailed via standard U.S. mail, the four precise-business-day waiting period is increased to seven to allow for mailing (unless the applicant confirms receipt prior at which time the day of acknowledged receipt begins the four precise-business-day waiting pe

43
Q

HERA

A

Housing and Economic Recovery Act - The Housing and Economic Recovery Act (HERA) was drafted to address the fallout from the subprime mortgage crisis of 2008. The Housing and Economic Recovery Act allowed the Federal Housing Administration (FHA) to guarantee up to $300 billion in new, 30-year fixed-rate mortgages for subprime borrowers. In order to participate, lenders were required to write down the balances on principal loans up to 90% of their current appraised value.

44
Q

Tax Reform Act of 1986: eliminated the tax deductibility of what?

A

of interest paid through non-secured debt. As such, it stimulated home financing by causing people to refinance their unsecured debt into their mortgages thereby re-establishing interest deductibility.

45
Q

can State income tax be used to determine an applicants income?

A

NO. Bank statements reflecting pay deposits, pay stubs, W-2 forms, 1099 forms, and federal income tax returns are some of the documents used to substantiate an applicant’s income.

46
Q

Under the HPA, a mortgage servicer must refund any “unearned” PMI premium within how many days?

A

45 days of its receipt.

47
Q

Loan suitability refers to the borrower’s ability to

A

repay the loan

48
Q

MIP when removed?

A

FHA loans and is automatically removed after 11 years assuming that the borrower’s initial down payment was 10% or more.

49
Q

Regulation H refers to:

A

In accordance with (12 USC § 5107(d); 12 CFR §1008.115), the SAFE Act gives the Director of the CFPB authority to determine whether a state has adopted laws that satisfy the SAFE Act licensing requirements. Regulation H establishes a procedure for the CFPB to follow if it makes a determination of noncompliance.

50
Q

he HPA requires mortgage servicers to automatically remove PMI on any loan designated as “high-risk” once the loan’s LTV reaches

A

77% and assuming that the loan is current.

51
Q

pre-payment penalty, it typically calculates

A

calculates a penalty based on an established percentage of the amount pre-paid.

52
Q

six pieces of information that constitute a complete mortgage application

A

in accordance with RESPA, are: the applicant’s name, their social security number, their monthly income, the property’s address, the property’s estimated value or purchase price, and the loan amount.

53
Q

The cost of the credit is represented as both an _______ and a/an _______.

A

The LE and CD disclose the Annual Percentage Rate (APR) as being the cost of originating the loan expressed as an interest rate and the Finance Charge as being the cost of originating the loan expressed as a dollar amount.

54
Q

mortgage loan originator be prohibited from asking an applicant?

A

Although a mortgage loan originator must ask an applicant about his or her marital status, he or she may only ask the applicant if he or she is married, separated, or unmarried. Delving deeper into an applicant’s marital status could constitute an ECOA violation.

55
Q

Risk layering

A

involves the identification of multiple risk considerations throughout a particular mortgage. Solely stating one’s income to qualify for an ARM loan with an interest-only feature constitutes multiple risk factors layered together.

56
Q

UDAAP

A

UDAAP is an acronym referring to unfair, deceptive, or abusive acts or practices by those who offer financial products or services to consumers. UDAAPs are illegal, according to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.

57
Q

Regulation Z requires that all lenders keep records to prove compliance for how many years?

A

2 years. There are separate requirements for the Closing Disclosure.

58
Q

The Fraud Enforcement and Recovery Act of 2009 (FERA) implemented additional more stringent penalties to combat mortgage fraud including an increase penalty for providing false information on a federally related loan. The fine is .

A

up to $1,000,000 and the perpetrator can also face jail time

59
Q

PENCIL in Loan App

A

property address, estimated value, name, credit/ssn, income, loan amount.