SAFE Act & UST Flashcards

1
Q

What does the SAFE Act stand for?

A

Secure and Fair Enforcement Act

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2
Q

The SAFE Act is Title ___ of what Act?

A

5; HERA

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3
Q

What law created and came before the SAFE Act?

A

The Housing and Economic Recovery Act (HERA)

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4
Q

What does the SAFE Act do?

A

Requires states to implement the MLO licensing process that meets certain standards through the NMLS or NMLSR

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5
Q

What does NMLSR stand for?

A

Nationwide Mortgage Licensing System and Registry

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6
Q

Which two entities worked with HUD to establish the NMLS and establish min. standards for licensing or registration of all MLOs?

A

The Conference of State Bank Supervisors (CSBS) and American Association of Residential Mortgage Regulators (AARMR)

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7
Q

What does the NMLSR do?

A

establishes min. standards for licensing or registration of all MLOs

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8
Q

A loan originator is an individual who does what?

A
  • takes residential mortgage loan application

- offers or negotiates terms of residential mortgage loan for compensation or gain

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9
Q

What are the exceptions to the requirement to be state-licensed as an MLO?

A
  • any individual who performs administrative or clerical tasks for licensee
  • extending credit on timeshare plans
  • individuals who negotiate a mortgage loan for themselves or immediate family members
  • a loan processor or underwriter who does not represent the public through advertising (business cards, brochures, etc) that he or she is a loan originator.
  • Attorneys who negotiate loan terms as an ancillary service and who aren’t compensated by a loan originator or lender
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10
Q

What does the successive year rule state?

A

Successive Year Rule says you cannot take the same course as a previous year for CE credit. It can be the same provider but it must be a different course.

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11
Q

What criminal history makes a person ineligible to qualify for licensure?

A

having an MLO license revoked in any government jurisdiction; Not guilty of or pled guilty of a felony in past 7 years unless it was pardoned; a felony involving an act of fraud, dishonesty, or a breach of trust, or money laundering ever

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12
Q

What are three important facts about State Regulatory Authority responsibilities?

A
  • Have in place one of three protection options: min net worth, surety bonding or state recovery fund
    • State and federal regulating authorities do no have authority to impose prison sentence
    • Penalties - the max for ea act or omission shall be $25K
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