RESPA & TILA Flashcards
What’s in The Real Estate Settlement Procedures Act (RESPA, Reg X)?
Home Loan Tool Kit - must be given to all borrowers on purchases.
HELOC - the booklet “When your home is on the line” must be given at the time of a HELOC application.
Closing Disclosure (CD) - On a purchase, copies of the CD must be given to both the borrower and the seller. The borrower’s copy has both the borrower and seller information.
The terms and costs are to match the LE, with a 10% tolerance
The borrower’s copy is not to be given to anyone, unless authorized by the borrower.
Violations of RESPA’s Section 8 anti-kickback, referral fees, and unearned fees may be subject to what penalty?
Fine of up to $10,000 and imprisonment for up to one year.
What is the purpose of RESPA?
To help consumers become better shoppers for settlement services.
What does RESPA not cover?
All cash sales, rental property of more than 4 units, commercial property and 25+ acre properties
What property type does RESPA cover?
1-4 unit residential property (owner occupied).
What are the penalties for violating RESPA?
Fine up to $10,000 and/or imprisonment up to 1 year
What is settlement service per RESPA?
Title insurance, appraisal, realtor commission, credit report, title report, termite certificate
What is the Reg Letter for RESPA?
Reg X
What does RESPA stand for?
Real Estate Settlement Procedures Act
What is the penalty for Section 8 RESPA anti-kickback rules?
$10,000 plus up to 1 year in jail
The MLO exam deals with which 4 sections of RESPA?
Sections 6, 8, 9 & 10
What is section 6 of RESPA?
Deals with mortgage servicers. Designed to address servicers’ obligation to correct errors and work with home buyers if payments are not being made.
What is section 8 of RESPA?
Prohibits kickbacks, fee-splitting and unearned fees.
What are 2 other words for unearned fees?
Upfront fees & advance fees
What is section 9 of RESPA?
Deals with Title Insurance.
It’s illegal for a property seller to require the buyer to use a particular title insurance company, either directly or indirectly, as a condition of the sale unless the sellers pays title fees.
What are treble damages?
Legal term that means 3 times the amount.
Section 9 of RESPA, if violated, allows buyers to sue for an amount equal to three times (treble damages) all charges made for title insurance.
What is section 10 of RESPA?
Escrow Accounts.
Sets limits on the amount that a lender may require to put into an escrow account.
What is the limit, each month, that lenders can require borrowers to pay into the escrow account?
No more than 1/12th of annual disbursement.
What is the limit AT CLOSING for escrow accounts per RESPA Section 10?
Cushion of 2 months (1/6th the annual amount).