SAFE Exam Flashcards
Which of the following documents would Unique Identifier (NMLS #) appear on?
- 1003 Loan Application
- Promissory Notes
- Mortgages
- Trust Deeds
Which of the following documents would Unique Identifier (NMLS #) NOT appear on?
Appraisal Reports
NMLS number is also known as?
Unique Identifier
What does UST stand for?
Uniformed State Test
Which is the one for individual application?
MU4
What is the passing score for the exam?
75%
If you fail the exam, how long do you have to wait before your next exam?
30 Days
If you fail three times, how long do you have to wait?
180 Days (6 months)
In order to keep your license, what do you have to do?
8 hrs of continued education. Must be completed before Dec. 31st
When does your license expire?
12/31 unless they renew during renewal period.
What is the renewal period for NMLS License?
Nov. 1 - Dec. 31
How long is your license valid?
5 years
Equal Credit Opportunity Act is which Regulation?
Regulation B
What law says that a borrower has 90 days to request a copy of the appraisal?
ECOA (Equal Credit Opportunity Act), Regulation B
What law says the lender has 30 days to deliver a copy of the appraisal?
ECOA (Equal Credit Opportunity Act), Regulation B
How many days does a borrower have to request a copy of the appraisal?
90 days (3 months)
How many days does a lender have to deliver a copy of the appraisal?
30 days (1 month)
Which Law/Regulation allows the borrower to challenge the VALUE of the appraisal?
ECOA (Equal Credit Opportunity Act), Regulation B
If the application for credit is DENIED base on the Appraisal (Value), a borrower has how many days to request a copy of the appraisal?
90 days (3 months)
If the application for credit is DENIED base on the Appraisal (Value), a lender has how many days to deliver a copy of the appraisal?
30 days (1 month)
HMDA stands for…
Home Mortgage Disclosure Act
HMDA is which Regulation?
Regulation C
Regulation C is also known as…
HMDA (Home Mortgage Disclosure Act)
HMDA allows regulators to do what?
Reg C - See where the discrimination takes place.
Regulation B is also known as…
ECOA (Equal Credit Opportunity Act)
Where is Home Mortgage Disclosure Act found?
Section 10 (X)
What law allows uses Section 10 to identify possible discriminatory practice?
HMDA (Home Mortgage Disclosure Act), Regulation C
Which Section of the 1003 collects information for government monitoring purposes?
Section X
RESPA stands for…
Real Estate Settlement Procedure Act
RESPA is which Regulation?
Regulation X
TILA stands for…
Truth In Lending Act
TILA is which Regulation?
Regulation Z
TILA deals with what?
Credit, APR, and Advertising of Consumer Laws
What law deals with credit, APR, and advertising of consumer laws?
TILA (Truth in Lending Act), Regulation Z
HPA stands for…
Homeowners Protection Act
HPA deals with what?
PMI (Private Mortgage Insurance)
PMI applies to what type of loans?
Conventional Loans
PMI does NOT apply to what type of loans?
Government Loans
PMI is required when borrower pays less than what percentage of down payment?
20%
Who does PMI protect?
The Lender
SAFE Act stands for…
Secure and Fair Enforcement Act
HERA stands for…
Housing and Economic Recovery Act
What law created the SAFE Act?
HERA (Housing and Economic Recovery Act)
HERA created which Act?
SAFE (Secure and Fair Enforcement Act)
FCRA stands for…
Fair Credit Reporting Act
FCRA (Fair Credit Reporting Act) is which Regulation?
Regulation V
What law deals with credit application?
ECOA (Equal Credit Opportunity Act), Regulation B
What law deals with credit reports & credit reporting agencies?
FCRA (Fair and Credit Reporting Act), Regulation V
What does FACT Act (FACTA) stand for?
Fair and Accurate Credit Transactions Act
What law deals with Identify Theft?
FACTA (Fair and Accurate Credit Transactions Act)
What law has Section 1004 rules?
FACTA (Fair and Accurate Transactions Act)
Section 1004 rules are also known as…
Red Flag Identity Theft Rules
GLB (GLBA) stands for…
Gramm Leach Bliley Act
GLB has three policies. What are they?
SPF (Safeguarding, Pretexting, and Financial Privacy)
What law says that there must be a Safeguarding policy?
GLB (Gramm Leach Bliley)
What is a Safeguarding Policy?
A policy on how companies must keep a borrower’s information safe.
What is a Pretexting Policy?
A policy to keep other from getting access to a borrower’s information under false pretenses (pretenders).
What law says that there must be a Pretexting Policy?
GLB (Gramm Leach Bliley Act)
What law says that there must be a Financial Privacy Policy?
GLB (Gramm Leach Bliley Act)
What is a Financial Privacy Policy?
A policy that governs the collection of non-public information and how it is shared with affiliates.
What law says that a lender/creditor must give a borrower opportunity to Opt-In or Opt-Out of non-public information from being shared?
Financial Privacy Policy of GLB (Gramm Leach Bliley) Act
HOEPA stands for…
Homeownership and Equity Protection Act
Section 32 of HOEPA deals with…
High Cost Loans
Section 35 of HOEPA deals with…
High Priced Loans
HOEPA loans are part of which larger law?
TILA (Regulation Z)
AfBA/ABA stands for…
Affiliated Business Arrangement
If you own more than what percent of the affiliated business, are lenders then required to disclose the arrangement?
1%
When must a lenders disclose to a borrower of the Affiliated Business Arrangement disclosure be made if they own 1% or more?
Immediately (Prior to doc sign)
Which of the following can you not discriminate against according to Civil Rights Act?
1. Age, 2. Race, 3. Religion, 4. All of the above
Race
Escrow account is also known as…
Impound account aka Reserve account
What type of a mortgage does an escrow account create?
Budget Mortgage
What is a Budget Mortgage?
PITI Mortgage
What does CFPB stand for?
Consumer Financial Protection Bureau
What entities created CFPB?
Dodd-Frank Act and Consumer Finance Protection Act
What law does not report to CFPB (Consumer Financial Protection Bureau)?
FHA (Fair Housing Act)
What law deals with Settlement Services?
RESPA - Regulation X
What type of property does RESPA deal with?
1-4 unit Residential Property (owner occupied)
Which of the following is covered by RESPA?
- All cash sales
- Rental Property more than 4 units
- Commercial Property
- Agricultural Property
- 1-4 unit Residential Property
1-4 unit owner occupied property
True or False: Violating RESPA could result in a fine up to $10,000 and/or imprisonment up to one year.
True
What law has penalty of $10,000 fine and/or imprisonment up to one year?
RESPA - Regulation X
RESPA Section 6 deals with what?
Mortgage servicing and mortgage servicing abuses.
What law deals with mortgage servicing and mortgage servicing abuses?
RESPA Section 6
RESPA Section 8 deals with what?
Kickbacks, fee-splitting, and unearned fee?
What law prohibits giving/accepting kickbacks, fee-splitting, and unearned fees?
RESPA Section 8
RESPA Section 9 deals with what?
Deals with title insurance
What law prohibits a seller from requiring the home buyer to use a particular title insurance company as a condition of a sale?
RESPA Section 9
RESPA Section 10 deals with what?
Escrow Accounts
Lender may not required a borrower to pay into escrow account no more than what portion of annual disbursement EACH MONTH?
1/12th
Lender is allowed to take up to how many months of CUSHION at closing?
2 months (1/6th the annual amount)
What law says that a lender must disclose an Annual Escrow Analysis?
RESPA Section 10
At what point will a lender be required to return money taken from an escrow accounts?
Excess over $50
What makes up a complete application?
- Name(s) of borrower
- SSN for each borrower
- Gross monthly income of borrowers(s)
- Loan amount sought
- Address of subject property
- Estimate of property value
Which of the following is NOT allowed on the address of subject property?
- UNK
- NA
- TBD
NA
In which instances, a lender does NOT have to provide the Initial Disclosure?
- Borrower withdraws the application
2. Lender turns down the loan before the 3 business-day period end
What are the Initial Disclosures?
- Home Loan Toolkit (RESPA) - Purchases Only
- Loan Estimate (TILA)
- Mortgage Servicing Disclosure Statement (RESPA)
- List of HUD Approved Home Counselors (RESPA)
When a borrower completes the application, the Initial Disclosures must be provided within how many days?
At or within 3 business days of the application
Loan Estimate was formerly known as…
Good Faith Estimate
What law requires a borrower to get a Loan Estimate?
TILA (Truth in Lending Act)
What law states that a borrower must get a Loan Estimate at/or within 3 days of the application?
RESPA (Real Estate Settlement Procedure Act)
Before Settlement a borrower must receive what disclosures from a lender?
- Affiliated Business Arrangement (AfBA) Disclosure (1% or more ownership) (RESPA)
- Closing Disclosure: 3 days prior to consummation (TILA)
What law states that a borrower must receive a Closing Disclosure?
TILA (Truth in Lending Act)
What law states that a borrower must receive a Closing Disclosure 3 days prior to consummation and again at consummation?
RESPA (Real Estate Settlement Procedure Act)
When must a borrower receive a Servicing Transfer Statement (Goodbye Letter)?
15 days prior to transfer
What law requires a lender to give a borrower a Servicing Transfer Statement?
RESPA (Real Estatement Settlement Procedure Act)
What fees may be charged prior to delivering the Loan Estimate?
Credit Report Fee
How long is a Loan Estimate good for?
10 business days
What is TIP?
Total Interest Percentage
Where do you find the information about the Rate Lock?
Loan Estimate
Who is ultimately responsible for giving the Closing Disclosure to the borrower?
Lender (creditor)
When would a borrower get an new Closing Disclosure?
- Changes in the loan APR
- Change in the loan product
- Addition of a prepayment penalty
What law requires a lender to disclose the complete cost of credit to a loan applicant?
TILA (Regulation Z)
What law gives a borrower a 3-day right of rescission rule?
TILA (Regulation Z)
What types of loans gives a borrower 3-day right of rescission?
HELOC/REFI’s
When a borrower exercises 3-day right of rescission, creditor must return any money collected within how many days?
20 Calendar Days
How many copies a Notice of Right to Rescind a borrower must receive?
Two Copies
If a borrower was not properly notified of the Right to Rescind, how long will the Right to Rescind period be extended to?
3 Years
TILA applies to transactions that are payable by written agreement with how many installments?
More than 4 payments
How long must TILA disclosures be kept?
2 years
How long must Loan Estimate be kept?
3 years
How long must Closing Disclosure be kept?
5 years
What does CHARM stand for?
Consumer Handbook on Adjustable Rate Mortgage
When would a borrower receive When Your Home is on the Line Disclosure?
HELOC/REFI
What is another word for APR?
Effective Rate
Interest Rate is otherwise known as…
Note Rate and Nominal Rate
What is the penalty for single violation of TILA?
$5,000/Day
What is the penalty for reckless violation of TILA?
$25,000/DAY
What is the penalty for violating TRID (TILA-RESPA Integrated Disclosure)?
$1,000,000
What does MDIA stand for?
Mortgage Disclosure Improvement Act (3/7/3 Rule)
Mortgage Disclosure Improvement Act is also known as…
3/7/3 Rule
Under MDIA, initial disclosure must be made how many days upon receiving completed application?
3 business day
Under MDIA, what is the earliest a borrower can consume a loan?
7 business day
Under MDIA, how many days prior to consummation must redisclosure be made?
3 business day
A redisclosure is required if APR is above or below initial disclosure by what percent on a 30 year fixed loan?
1/8% (.125)
A redisclosure is required if APR is above or below initial disclosure by what percent on NOT a 30 year fixed loan?
1/4% (.25)
Under what circumstance can redisclosure be waived?
Bona fide financial emergency
Business day according to TILA
All calendar days except Sunday and legal public holidays
No additional disclosures are required on advertising IF
Ad contains only APR or use generic terms.
What is considered business day for “initial” Loan Estimate?
Any day in which the bank is open for business
Qualified Mortgage protects who? The borrower or the lender?
The lender because it received “safe harbor” legal protection if a borrower defaults.
HOEPA (home ownership & equity protection act) is part of which act?
Truth in Lending Act (Regulation Z)
HOEPA covers which section?
Section 32 & 35
What does APOR stand for?
Average Prime Offer Rate
Under ECOA (Equal Credit Opportunity Act) how long must creditor notify applicants of their lending decision?
Within 30 days
What are protected class under Fair Housing Act?
sex, race, religion, color, national origin
What are protected class under ECOA?
sex, race, religion, color, national origin, age, marital status & public assistance
How long must ECOA records be kept?
25 months
How long does a borrower have to take civil action against a lender if ECOA violation has occurred?
24 months
If a credit application is denied, a consumer has how many days to request a copy of the appraisal?
90 days
If a consumer requests a copy of the appraisal, lender has how many days to provide the appraisal copy?
30 days
If application was approved, when will a borrower receive a copy of the appraisal?
3 business days prior to consummation
What law led to creation HMDA (Home Mortgage Disclosure Act)?
Redlining
How long does a borrower have to sue under FHA?
1 year
When can a borrower request cancellation of PMI?
80% LTV
When must a lender cancel PMI?
78% LTV
HMDA (Home Mortgage Disclosure Act) is also known as?
Regulation C
How often must lenders submit LAR (Loan Activity Reports) to HMDA?
Monthly
What law requires lenders to submit reports regarding ethnicity, race and sex of all applicants?
HMDA (Regulation C)
Which section contains the government monitoring information?
HMDA (Section 10)