TILA Truth in Lending Act Flashcards
In which of the following transactions is a disclosure statement to the consumer required?
a. A $125,000 loan to purchase and secured by an unimproved lot on which the borrower eventually plans to build a home for retirement
b. A $100,000 loan made to a physician for a recreational vehicle, secured by the physician’s business equipment
c. A $75,000 loan to purchase a speedboat
d. A $200,000 unsecured loan to purchase a residence
a. A $125,000 loan to purchase and secured by an unimproved lot on which the borrower eventually plans to build a home for retirement
Which of the following charges is generally considered to be a prepaid finance charge?
a. Points paid by the borrower in cash at closing
b. An application fee of $250 paid in cash at the time of application and collected from all applicants whether or not the application is approved.
C. A $300 fee for an appraisal in a real estate transaction
d. A $750 fee for a title policy in a real estate transaction
a. Points paid by the borrower in cash at closing
Which of these transactions requires the earliest disclosure?
a. A $60,000 loan with a variable interest rate to purchase part of a municipal bond issue
b. A $15,000 unsecured closed-end loan with a fixed interest rate to build aswimming pool at the borrower’s residence
c. A $150,000 loan with a fixed interest rate to purchase a residence secured by the residence
d. A $200,000 loan with a variable interest rate to purchase a residence secured by the residence
d. A $200,000 loan with a variable interest rate to purchase a residence secured by the residence
If an advertisement for a lender’s mortgage loan product states that “we offer 15- and 30-year loans,” what additional disclosures are required by Regulation Z?
a. The terms of repayment, amount of the down payment in a credit sale), and the APR
b. The APR and an example based on a $10,000 purchase price
c. The monthly payment amount based on a $10,000 purchase price and a maturity recently offered by the bank
d. No additional disclosures are required
a. The terms of repayment, amount of the down payment in a credit sale), and the APR
For how long must a lender retain evidence of compliance with the Truth in Lending Act?
a. One year following consummation of the transaction for all transactions
b. Twenty-five months from the date of the application, except for mortgages, which have a five-year retention requirement
c. Six months from the date the loan is repaid, except for mortgages, which have a five-year retention requirement
d. Two years after the disclosures are required to be made, except for mortgages, which have a five-year retention requirement
d. Two years after the disclosures are required to be made, except for mortgages, which have a five-year retention requirement
Which of the following closed-end loans is subject to the right of rescission?
a. A loan to purchase a vacation home, secured by the vacation home itself
b. A loan to purchase a principal residence, secured by the residence
c. A loan to purchase furniture for use in a principal dwelling, secured by the furniture
d. A home improvement loan for the borrower’s principal dwelling, secured by the dwelling
d. A home improvement loan for the borrower’s principal dwelling, secured by the dwelling
For how long may consumers exercise the right to rescind transactions in closed-end loans?
a. Three years after the consummation of the transaction
b. Three calendar days after the consummation of the transaction or the receipt of notice of the right to rescind, whichever is later
c. Three business days after the later of the consummation, delivery of notice of the right to rescind, or delivery of required disclosures
d. Three business days after the receipt of the early disclosures
c. Three business days after the later of the consummation, delivery of notice of the right to rescind, or delivery of required disclosures
Which of the following disclosures is NOT required on the itemization of amount financed?
a. The amount of proceeds distributed directly to the borrower
b. The amounts paid to others on behalf of the borrower
c. An itemization of the various types of finance charges
d. The persons to whom amounts are paid on the borrower’s behalf
c. An itemization of the various types of finance charges
Borrower A has a variable rate loan secured by his principal dwelling for a term of 10 years. Which of the following is NOT a Truth in Lending requirement for his loan?
a. Providing a variable rate disclosure of certain terms of the loan program at the earlier of the application time or before a nonrefundable fee is paid
b. Limiting the number of interest rate increases in each calendar year
c. Including an interest rate cap in the loan contract
d. Providing a consumer handbook on adjustable-rate mortgages to the borrower
b. Limiting the number of interest rate increases in each calendar year
The State National Bank credit card program includes an annual fee that equals a percentage of the average balance of the account during the previous year. Of the following statements, which is true regarding the Truth in Lending requirements applicable to this fee?
a. Truth in Lending prohibits charging a fee based on a percentage of a balance.
b. The bank must disclose in the initial application or solicitation either the fee amount or the percentage amount and identify the amount against which the percentage is based.
C. The consumer must affirmatively agree in writing to pay this fee before the bank can charge it.
d. The bank must give the consumer 30 days’ notice every year before the fee is charged and allow the consumer to cancel the account before it is assessed.
b. The bank must disclose in the initial application or solicitation either the fee amount or the percentage amount and identify the amount against which the percentage is based.
Which statement is NOT true regarding the application disclosure made by the lender on a home equity open-end plan?
a. Disclosure must be made at the time the application is provided
b. Disclosure must be in a form the borrower can keep
c. Disclosure must describe the security interest and warn that in the event of default the borrower could lose the dwelling
d. Disclosure must describe payment terms
b. Disclosure must be in a form the borrower can keep
In an open-end account that is NOT a home equity plan, which of the following does NOT have to be provided to the consumer?
a. An initial disclosure statement
b. A brochure with a transaction example of a $1,000 balance for six months
c. A periodic statement
d. A statement of billing rights
b. A brochure with a transaction example of a $1,000 balance for six months
When must a notice be received from a consumer in order to be considered a “billing error notice”?
a. Within 30 days after the transaction that is the subject of the alleged error
b. Within 90 days after the first statement that reflected the error
C. Within 60 days after the transaction that is the subject of the alleged error
d. Within 60 days after the first statement that reflected the error
d. Within 60 days after the first statement that reflected the error
Which statement is true regarding a consumer’s right to rescind an open-end credit transaction?
a. Right of rescission applies only to transactions secured by the consumer’s principal dwelling.
b. Right of rescission applies separately to each advance of funds made under a home equity plan.
c. Right of rescission can be made orally or in writing.
d. Notice of right of rescission is made only to the primary borrower.
a. Right of rescission applies only to transactions secured by the consumer’s principal dwelling.
When a bank makes a rescindable closed-end home improvement loan to a consumer, to which of the following may the bank advance funds before the end of the rescission period?
a. To the borrower
b. To the contractor for delivery of materials
c. To an escrow account with a third-party escrow agent
d. To an escrow account with the borrower acting as the escrow agent
c. To an escrow account with a third-party escrow agent
First National Bank agreed to make a rescindable closed-end home improvement loan to Mr. and Mrs. Smith. The Notice of the Right to Rescind was given to the Smiths on Tuesday at the closing of the loan along with the material disclosures. The Smiths purchased a title policy and paid for a property appraisal for the bank in connection with the transaction. A lien was filed against the Smiths’ home on Tuesday afternoon. The bank funded the loan on Friday morning at the request of Mr. Smith by crediting the Smiths’ joint checking account with the loan proceeds. On Friday afternoon Mrs. Smith has a change of heart concerning the transaction and deposits a rescission notice in the mail to the bank. The bank receives the notice on Tuesday morning. All funds have been withdrawn from the account. What should the bank do?
a. Notify the Smiths that the loan proceeds are immediately due and payable and that once the funds are repaid, the lien on the property will be released
b. Release the lien on the property immediately, then refund to the Smiths the amounts they spent for the title policy and appraisal, and then demand repayment of the loan (without interest)
c. Release the lien on the property immediately, and then send a written request to the Smiths asking for repayment of the loan proceeds (without interest)
d. Send a letter to the Smiths explaining that because the rescission notice was not sent within the proper time period, it is ineffective, and the loan is still valid
b. Release the lien on the property immediately, then refund to the Smiths the amounts they spent for the title policy and appraisal, and then demand repayment of the loan (without interest)
A consumer customer reports to First National Bank’s credit card department that his credit card periodic statement contains an amount that is incorrect. What should the bank do?
a. Begin an investigation of the alleged error but require the consumer to pay the disputed amount pending the completion of the investigation
b. Conduct an investigation and mail within 30 days an acknowledgment of the error notice, a correction of the error, or a notice that there is no error
c. Complete an investigation of the error in no more than 60 days
d. Conduct a reasonable investigation of the alleged error and report the disputed amount to the credit bureau as delinquent
b. Conduct an investigation and mail within 30 days an acknowledgment of the error notice, a correction of the error, or a notice that there is no error
If a bank completes an investigation of an alleged billing error and determines that no billing error occurred and the consumer owes all or part of the amount, what must the bank do?
a. Immediately report to the credit bureau the amount that was the subject of the investigation as delinquent
b. Disallow any free-ride period normally given to the consumer on the account for amounts owing periodically and require the consumer to make the payment immediately
C. Send the consumer a notice that explains why no billing error occurred
d. Require the consumer to produce documentation for any future billing error notices
C. Send the consumer a notice that explains why no billing error occurred
Which of the following situations is NOT considered a billing error?
a. The failure to credit a payment
b. The inclusion of a charge for an item not purchased by the consumer
c. The inclusion of a charge for an item the quality of which dissatisfied the consumer
d. The inclusion of a charge for an item delivered to the wrong location
c. The inclusion of a charge for an item the quality of which dissatisfied the consumer
For which disclosure must a bank obtain a customer’s affirmative consent before delivery?
a. A hard copy of a right-to-cancel notice
b. An electronic credit card application disclosure
c. An electronic disclosure statement on a car loan
d. An electronic home equity early disclosure
c. An electronic disclosure statement on a car loan
What must a married couple do to waive their right of rescission on their residential property?
a. Call the bank’s toll-free telephone number
b. Obtain the loan officer’s written approval
c. Sign the bank’s standard waiver form
d. Sign a written statement indicating the reason for the waiver
d. Sign a written statement indicating the reason for the waiver
A creditor receives a phone application for a home equity line of credit. Before the
time period for mailing out the early disclosure and the Regulation Z-mandated brochure, the creditor reviews the applicant’s credit history and discovers the applicant will not qualify for the line of credit due to a bankruptcy filing last year. Which of the following BEST describes how Regulation Z treats this situation?
a. The creditor may wait and send the early disclosures and brochure with the adverse action letter required by Regulation B.
b. The early disclosures and brochure must be sent out within the required time period after receipt of the telephone application, even if the loan is declined within that period.
c. If the credit denial was made within 30 days after receipt of the telephone application, the creditor does not have to send the early disclosures and brochure.
d. If the credit denial was made within the period of time Regulation Z allows for mailing the early disclosures and brochure, the creditor does not have to send the early disclosures or the brochure.
d. If the credit denial was made within the period of time Regulation Z allows for mailing the early disclosures and brochure, the creditor does not have to send the early disclosures or the brochure.
In determining a prepaid finance charge for a final APR calculation, a compliance officer notes an unusual settlement agent fee. What should the compliance officer FIRST determine?
a. Whether the fee will be prepaid
b. Whether the fee is a service, transaction, or activity fee
C. Whether the fee is charged in a comparable cash transaction
D. Whether the loan will be secured by a dwelling or a residential mortgage transaction
C. Whether the fee is charged in a comparable cash transaction
On January 10, ABC Bank decides to send an advertising piece to consumers in its local community to promote its home equity lines of credit. The ad will be sent via email. The bank’s home equity product has an interest rate based upon the national prime rate plus a five percent margin. However, the bank is offering a lower promotional interest rate that is fixed for six months. In the ad, the bank plans to disclose the promotional rate and the fact that it is valid for six months from the date of loan closing. The bank will also disclose an actual APR charged on this product during the previous November. Additionally, the ad will include a list of all the fees required to close the loan and the maximum APR that can be charged under the plan. Will this ad meet TILA requirements?
a. Yes, all required disclosures have been made.
b. No, the ad must include the fact that a security interest will be taken on the consumer’s home.
c. No, the ad must include the specific index and margin upon which the rate is based
d. No, the ad must disclose a rate used during the 30 days before the date the ad is transmitted.
d. No, the ad must disclose a rate used during the 30 days before the date the ad is transmitted.