Test Q & A Flashcards
Which of the following is intended to ensure that consumers are provided with information on the nature and costs of the settlement process?
A.FCRA
B.HPA
C.HOEPA
D.RESPA
D.RESPA
The answer is RESPA. The purpose of RESPA and Regulation X is to help consumers become better shoppers for settlement (closing) services by providing them with information on the nature and costs of the settlement process. RESPA and Regulation X are also intended to eliminate kickbacks and referral fees that unnecessarily increase the costs of certain settlement services.
A borrower receives $1,000 per month in rental income. How much of the income may be used to qualify the borrower for a loan?
A.$1,000
B.$800
C.$750
D.$1,250
C.$750
The answer is $750. Generally, 75% of rental income may be used to qualify a borrower for a loan. This formula is based on an industry standard that taxes, insurance, and maintenance costs will equal about 25% of the income that a property generates. In this case, 75% × $1,000 = $750.
Assume a borrower completes an online loan application, including all six required elements, but never hits “submit.” Which of the following is true regarding the lender’s obligation to issue a Loan Estimate?
A.The lender must issue a Loan Estimate within three days of the borrower’s submission of the last required piece of information
B.The lender is not required to issue a Loan Estimate
C.The lender is required to issue a Loan Estimate once it realizes all six pieces of information have been submitted
D.The lender is required to contact the borrower
B.The lender is not required to issue a Loan Estimate
The answer is the lender is not required to issue a Loan Estimate. A lender must provide the Loan Estimate either in person or by placing it in the mail no more than three business days after receipt of the consumer’s application AND no later than seven business days prior to consummation. If a loan application has not been submitted, a lender is not required to issue a Loan Estimate.
What is Freddie Mac’s automated underwriting system called?
A.Desktop Originator
B.Underwriter Assistant
C.Loan Product Advisor
D.AUS
C.Loan Product Advisor
The answer is Loan Product Advisor. Freddie Mac’s automated underwriting system is called Loan Product Advisor (formerly known as Loan Prospector), while Fannie Mae’s is called Desktop Underwriter.
A loan which allows the borrower to take a lump sum distribution without any monthly repayment requirements is a(n):
A.HECM
B.HELOC
C.Pay-option mortgage
D.Equity mortgage
A.HECM
The answer is HECM. The FHA’s home equity conversion mortgage (HECM) is a reverse mortgage that enables an individual aged 62 or older to convert some of the equity in his/her primary residence to cash to pay living expenses, or to purchase a primary residence if he/she has the cash for a down payment and closing costs. The HECM requires no repayment until either the property is sold or the owner dies, permanently moves, fails to live in the house for 12 consecutive months, or fails to pay property taxes, maintain hazard and/or flood insurance coverage, or maintain the property (i.e., perform necessary repairs).
According to the standard deed of trust, how soon must a borrower on an owner-occupied loan occupy the property?
Within 30 days of closing
Within 90 days of closing
Within 60 days of closing
Within 15 days of closing
The answer is within 60 days of closing. Under most deeds of trust, including most FHA and VA loans, a borrower who intends to occupy the property as his/her residence must move in within 60 days after closing.
In a mortgage transaction subject to RESPA that is secured by the consumer’s dwelling, a Loan Estimate must be delivered or mailed within three business days after receipt of a written application and no later than:
Three business days before the transaction is consummated
The fifth business day before the transaction is consummated
The seventh business day before the transaction is consummated
The date the transaction is consummated
The answer is the seventh business day before the transaction is consummated. A creditor must provide the Loan Estimate no later than three business days after receipt of the consumer’s application AND at least seven business days prior to consummation.
What is the tolerance allowed for variances in the APR disclosure required by the Truth-in-Lending Act in a regular transaction?
1%
0.125%
.25%
$200
The answer is .125% (one eighth of one percent). The APR is considered accurate if it is not more than one eighth of one percentage point above or below the APR determined in accordance with legal requirements (i.e., in accordance with the actuarial method or the United States Rule method), or if it is not more than .25% (one quarter of one percentage point) above or below the APR for an irregular transaction.
Which of the following would convey a property?
Deed rider
Warranty deed
Note
Deed of trust
The answer is warranty deed. A warranty deed conveys full ownership of land, and is commonly used in purchase and sales transactions of real estate. In addition to conveying property ownership, a warranty deed contains the promise of clear title, meaning the property is free of encumbrances.
With respect to FHA loans, the FHA:
Guarantees the loans, thereby protecting the lender
Acts as the lender
Issues private mortgage insurance
Insures the loans, thereby protecting the lender
The answer is insures the loans, thereby protecting the lender. FHA loans are loans that meet FHA program criteria and are made by approved lenders. For these loans, the FHA insures the issuing lender against loss in the event of default. Under the FHA program, the lender can charge whatever points and interest a borrower is willing to pay, as the cost of the loan is negotiable. The advantage to the borrower is that the lender will make the loan with a very high loan-to-value ratio because it is insured.
A mortgage broker and mortgage loan originator’s duties to the lender include all of the following, except:
Expediting processing so the loan can close within the period of any rate-lock
Processing applications based on the lender’s underwriting guidelines
Originating loans only for those applicants which promise most profit for the lender
Guarding against mortgage loan fraud and other practices that may harm the lender
The answer is originating loans only for those applicants which promise most profit for the lender. Mortgage brokers and mortgage loan originators must diligently perform the services expected by the lender, including processing applications based on the lender’s underwriting guidelines, following up to ensure conditions contained in commitment letters are satisfied in a timely manner, expediting processing so the loan can close within the period of any rate-lock, carrying out any cancellation procedures competently and professionally, and guarding against mortgage loan fraud and other practices that may harm the lender or investor purchasing the loan.
A mortgage broker and mortgage loan originator’s duties to the lender include all of the following, except:
Expediting processing so the loan can close within the period of any rate-lock
Processing applications based on the lender’s underwriting guidelines
Originating loans only for those applicants which promise most profit for the lender
Guarding against mortgage loan fraud and other practices that may harm the lender
The answer is originating loans only for those applicants which promise most profit for the lender. Mortgage brokers and mortgage loan originators must diligently perform the services expected by the lender, including processing applications based on the lender’s underwriting guidelines, following up to ensure conditions contained in commitment letters are satisfied in a timely manner, expediting processing so the loan can close within the period of any rate-lock, carrying out any cancellation procedures competently and professionally, and guarding against mortgage loan fraud and other practices that may harm the lender or investor purchasing the loan.
If a borrower’s reserve account for taxes and insurance is found to be short or deficient by an amount in excess of one month’s worth of deposits, which of the following is true?
The escrow account will be cancelled
The lender can require the borrower to make up the shortage over the next 12 months
The lender can require the borrower to make up the shortage over the next six months
The borrower must remit the shortage to the lender within 90 days of notice of the shortage
The answer is the lender can require the borrower to make up the shortage over the next 12 months. If the escrow account is short by more than 1 month, the lender can choose to do nothing or require repayment of the shortage over a minimum of 12 months.
If an escrow account analysis discloses a shortage of less than one month’s escrow account payment, the lender or servicer may allow the shortage to exist and do nothing to change it, require the borrower to repay the shortage amount within 30 days, or require the borrower to repay the shortage amount in 2 or more equal monthly payments.
A lender originally discloses an APR of 6.08%. When the lender begins to prepare closing documents, they realize the actual APR is 6.135%. Which of the following is true?
The lender must re-disclose and wait three business days from mailing the disclosures before closing the transaction
The lender must re-disclose and wait three business days from the borrower’s receipt of the disclosures before closing the transaction
The lender must re-disclose and wait six calendar days from mailing the disclosures before closing the transaction
The lender has no obligation to re-disclose
The answer is the lender has no obligation to re-disclose. The APR is considered accurate if it is not more than one eighth of one percentage point (.125%) above or below the APR determined in accordance with legal requirements, or if it is not more than one quarter of one percentage point (.25%) above or below the APR for an irregular transaction. In this case, the difference between the disclosed APR and the actual APR is within the limits of this tolerance, and does not require re-disclosure.
Ethics:
Is a branch of philosophy dealing with legal behavior
Provides a guideline for answering questions when a choice of actions is available
Defines how a person must act
Is set out in law
The answer is provides a guideline for answering questions when a choice of actions is available. Ethics goes beyond what is required under the law, so ethical rules extend beyond the minimum legal standards in providing guidance for one’s actions. Ethics goes into the realm of what should be done, providing guidelines for answering questions when a choice of actions is available. As a result, ethical rules are often not as clear-cut as the legal rules.
Under the S.A.F.E. Act, a loan originator:
Can be an individual or a business entity
Is any person who takes loan applications secured by personal property
Is an individual who takes residential mortgage loan applications
Is any individual who takes loan applications secured by either real estate or personal property
The answer is is an individual who takes residential mortgage loan applications. The S.A.F.E. Act defines a mortgage loan originator as an individual who takes residential mortgage loan applications, or offers or negotiates terms of residential mortgage loans for compensation or gain.
Under Regulation X, the term “loan originator” applies to a:
Loan processor
Mortgage broker only
Mortgage broker or lender
Mortgage lender only
The answer is mortgage broker or lender. Regulation X defines a loan originator to include a lender or mortgage broker.
Insurance which guarantees a lender a certain lien position on the title to a property free from undisclosed encumbrances is called:
Guarantee against encumbrances
Lender’s title policy
Owner’s policy
Forced policy
The answer is lender’s title policy. A lender’s title insurance policy insures the lender or mortgagee against loss caused by a borrower’s invalid title or loss of priority of the mortgage or deed of trust, due to legal claims based on undisclosed encumbrances.