RESPA Flashcards

1
Q

What does RESPA stand for

A

Real Estate Settlement Procedures Act

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2
Q

Why did congress pass RESPA

A

For consumer protection for loans on residential property (1-4 units)(owner occupied)

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3
Q

What does RESPA allow

A

for borrowers to receive timely disclosure regarding nature and cost of settlement service

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4
Q

The purpose of RESPA is

A

To help consumers be better shoppers for settlement services

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5
Q

What does section 6 of RESPA deal with

A

Protecting homeowners against mortage servicing abuses

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6
Q

What is section 8 of RESPA

A

Prohibits kickbacks, fee-splitting ,& receiving unearned fees (nothing of value can be given or received )

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7
Q

What is section 9 of RESPA

A

A seller can’t require the use of a particular title company

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8
Q

What is section 10 of RESPA

A

Set limits on amounts that can be charged to maintain escrow accounts

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9
Q

Examples of settlement services include

A
  1. origination of federally related mortgage loan
  2. Mortgage broker services
  3. Title Services
  4. Services such as origination, processing & federal mortgage loan funding
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10
Q

RESPA is also known as

A

Regulation X

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11
Q

RESPA doesn’t cover what

A
  1. All cash sales
  2. Sells where home seller takes back mortgage
  3. Rental property transaction
  4. agriculture property (property 25+ acres)
  5. Vacant Land
  6. commercial properties
  7. Temporary financing (such as bridge or construction loans)
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12
Q

what is a mortgage servicer

A

A company that collects monthly mortgage payments such as taxes, insurance, etc. and notifies the borrower of late payments

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13
Q

what is fee splitting

A

splitting money with an unlicensed person

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14
Q

RESPA section 9 allows the borrower to sue the lender for

A

3 times the amount paid for the title insurance if lender forces borrower to use said title insurance
-AKA Treble damages

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15
Q

what does an escrow account do

A

Holds the money that mortgage lenders collect monthly

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16
Q

How much does RESPA limit lenders each month when collecting on Escrow Accounts

A

1/12 of the annual property tax & annual insurance premium

17
Q

How Much does RESPA allow lenders to collect at closing of a deal as a cushion on an escrow account

A

2 months (1/6) of the property taxes & hazard insurance

18
Q

How often do lenders perform escrow account analysis

A

once a year & they notify borrowers of any shortages

19
Q

At what point do lenders have to return funds on an escrow account

A

when the amount exceeds $50 or more