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58 Cards in this Set

  • Front
  • Back

Which of the following statements does NOT apply to a QM?

"a loan with a negative amortization can still be considered a QM ."



Negative amortizations disqualifies a loan as a QM.

Mortgage broker bill takes an application for a cash-out loan from a woman on a fixed income so that she can pay her past-due real estate taxes. Bill does not tell her that she can make sure that the new loan collects for real estate taxes, hoping in a few years she will need him again for the same reason. This is an example of

loan flipping



** making loans with a meager tangible benefit that does not resolve the borrower's problem but creates repeat business.

FCRA is governed by

CFPB, reflecting accurate information is a right of the consumer financial protection bureau.

The fresh start company is anxious to work with homeowner, Julia to obtain a loan modification that will help her to avoid foreclosure. Fresh start asks Julia for an advance fee to start the process. Which has fresh start violated?

MARS rule



**which contains the ban on advance fees being charged by mortgage relief services.

Actual charges at settlement listed on the HUD-1 statement may increase more than 10% from the estimates shown on the GFE for

Initial deposit of escrow account. The initial deposit of escrow shown in block 9 of the GFE is not subject to a tolerance level for change.

Which attribution is NOT considered illegal discrimination in granting credit under the equal credit opportunity act?

INCOME



the ECOA prohibits discrimination in granting credit to people based on sex, age (if at least 18) marital status, race, color, religion, national origin, receipt of public assistance,exercised rights under the consumer credit protection act.

To transfer a right or interest to another is known as an assignment

an assignment in mortgage lending is what happens when a lender transfers its interest in a mortgage loan to an investor.

On a GFE, the tradeoff table shows the

difference between one loan and the same loan with a different interest rate.

Allen is concerned that Monty's debt-to-income (DTI) ratio is to high to qualify for the loan on his own. Hoping to find a way to recommend adding a co-borrower, Allen asks whether Monty and his female companion are planning to get married or just live together in the house. Which law does asking that questions violate?

An about marriage plans is a violation of ECOA. The only way to ask about marital status under ECOA is to ask the question on one of three acceptable ways:


are you single, married or seperated?

What fee can an MLO collect before providing a good faith estimate?

lenders and mortgage brokers are forbidden from collecting money from an applicant for any fee-other than a credit report fee, prior to delivering the required disclosures.

The type of mortgage that requires regular payment of principal and interest calculated to payoff the entire balance by the end of the loan term is called?

fully amortizing



**which requires regular payment of principal and interest calculated to pay off the entire balance by the end of the loan-term.

RESPA does NOT prohibit?

reasonable fees paid for services actually rendered.

Assuming the borrower has a FICO score of 580 or above, the minimum down payment contribution needed for a home with an FHA appraised value of $132,000 is 3.5%

The minimum down payment on a FHA loan is 3.5% for a borrower with at least 580.

All of these examples illustrate an individual NOT engaged in the business of a loan originator

Kirk provides financing for the sale of multiple properties he owns repeatedly and with habitualness (kirk is acting as a loan originator habitually or repeatedly) An individual who acts as a loan originator in providing financing for the sale of a property he owns is exempt from licensure unless that individual engages in such activity with habitualness as kirk does.

A loan processor refer to any person who

performs administrative or clerical duties related to mortgage loans

Fingerprint images are required of every applicant as part of an initial loan originator application in order to

conduct a criminal background



fingerprints are required in order to conduct a criminal background check. The applicant must register to obtain a uniques identifier from the nationwide mortgage licensing system.

Which is NOT a trigger used to define a high cost loan under the Home ownership and equity protection act

excessive prepayment penalty, although prepayment penalties are generally prohibited by HOEPA, the prepayment penalty is not one of the triggers used to identify a high cost loan.

Are prepayment penalties used to identify a high-cost loan?

No, they are not triggers

what are triggers of a high-cost loan?

1. excessive annual percentage rate


2.excessive points and fees


3.excessive total finance charge

A recorded deed or recorded not and mortgage are, considered to be a constructive notice of title.

constructive notice of title means making it public. By recording the documents, they are made public record.

Which law sets forth escrow requirements for higher-priced mortgage loans?

Truth in lending act

According to the SAFE act, which would be considered a task that would require someone to be a licensed MLO?

Assisting a borrower in obtaining a mortgage loan by offering to negotiate terms with a lender. Someone to offers to negotiate the terms of a residential mortgage loan requires a license

The Home Mortgage Disclosure act provides the data for tracking lender compliance with fair housing law and the equal credit opportunity act

the home mortgage disclosure act provides the data for tracking compliance of fair housing and eco a regulations.

An amendment to TILA effective June 2013 requires which of the following when extending higher-priced loans?

establishment of escrow account for payment of property taxes and mortgage insurance premiums.



**according to the rule published in 2013, a creditor may not extend a higher priced mortgage loan secured by a first lien on a consumer's principal dwelling unless an escrow account is established before consummation for paying property taxes & mortgage insurance premiums.

Which are prohibited by RESPA?

Referral fees



RESPA was enacted to eliminate referral fees and kickbacks.

The loan requested divided by total cost of the project is referred to as?

Loan to cost



loan to cost is derived by dividing the loan requested by the total cost of the project.

A second mortgage loan that allows the borrower to obtain multiple advances, funds up to an approved amount is known as a ?

HELOC



a Home Equity line of credit is a mortgage loan (usually in a second lien position), that allows a borrower to use and payoff, then use and payoff the loan up to a pre-determined amount. It is just like a credit card but secured by real estate.

According to the SAFE act, which incident from 10 years ago would NOT automatically disqualify an applicant for a mortgage loan originator license?

conviction for felony assault



**crimes related to money laundering and fraud would disqualify an applicant, as would any mortgage broker license revocation by any state.

All of these are prohibited to be included in the loan terms for HOEPA covered items EXCEPT?

Late fees



late fees are permitted in the loan terms for a HOEPA covered loan, however, keep in mind that late fees are restricted in that they cannot exceed 4% of the past due payment. The other choices are all prohibited.

To comply with ability to repay provisions, lenders CANNOT base their evaluation of a consumer's ability to repay.

introductory teaser rates



**lenders cannot base ability to repay on teaser rate; they will have to determine the consumer's ability to repay both the principal and the interest over the long term, not during an introductory period.

Any advertisement that includes rates or costs that do not apply to loans of all classes made or negotiated by the licensed entity must also include

a clear statement that explains these rates do not apply to all types of loans offered (if the rates or costs advertised do not apply to loans of all classes made or negotiated by the lender, this fact shall be clearly indicated in the advertisement

Based on 2013 updates to Mortgage Servicing Rules, mortgage services are required to establish or make good faith effort to contact borrowers by day ___ of their delinquency on a loan to inform them of available options to avoid foreclosure

36



the updates to the mortgage servicing rules states the mortgage servicer is required to attempt to establish contact by the 36th day of delinquent.

What type of illegal mortgage scheme involves collusion among the seller, buyer, appraiser, and lender/broker. In which the property is purchased at a low price, appraised at an inflated price, and then resold at a much higher price?

property flipping



**required collusion between the seller, buyer, appraiser, and lender/broker. It occurs when a property is purchased at a low price, appraised at an inflated value without any valid reason for the increase and the resold at a much higher price.

Which industry would be the one most likely to falsify a deed?

a government worker, participates in a mortgage fraud by falsifying deeds and other records.

Section 129C of dodd-franl defines QM loans to be residential mortgage loans that include_____ as a feature?

full amortization



**in general a QM must meet these criterias:


1.principal doesn't increase


2.no deferment of principal


3.no balloon payments


4.lender has documented and verified income and financial resources.


5.loan is fully amortized


6.D-T-I regulations met


7.total points are not more than 3% of loan


8.loan is not more than 30 years in length.


A borrower who obtains an FHA loan must occupy the property as his principal residence within how many days of signing the security instrument.

Bona fide occupancy of property within 60 days of signing deed of trust.

According to the 2013 amendment in TILA related to loan originator must retain records sufficient to evidence all compensation it pays to a loan originator for years after the date of payment

3 years

What type of loan would commonly use an extended rate lock?

New construction,



**can take as long as a year to complete, and requires extended rate locks in most cases.

Joe has an ARM with an initial rate of 6% and a rate cap 2/6%. Whats the highest his interest rate could be over the life of the loan?

With a 2/6 rate cap, the rate can increase 2% each adjustment period to a maximum of 12% over the life of the loan



6%start + 6%lifetime cap

Ray is employed to take residential mortgage loan applications for a federally chartered bank. To do this job, ray must be a registered mortgage loan originator.

a registered mortgage loan originator is an individual who is registered with and maintains a unique identifier through the nationwide mortgage licensing system and registry.

Loan originator compensation requirements is a set of amendments to which federal act?

TILA



**the loan originator compensation requirements are a set of amendments to the truth in lending act. With some provisions beaming effective in june 2013 and all provisions having an effective date of january 2014.

A borrower closed a loan last week with ABC Mortgage company. Her name is on national do not call registry and on ABC"s internal do not call list ABC.

She can not call her because she is on ABC's internal list.

Which of the following is NOT a feature of a QM?

no interest only period, a QM can have an interest only period.

The dodd-frank act definition of a QM includes all of these features EXCEPT?

Interest Only loan offerings



**


1.limits on D-T-I


2.No excessive upfront points and fees


3.No terms beyond 30 years.

What is NOT a protected class under the fair housing act

Age



Effective June 2013, annual mortgage insurance for FHA loans above $625,000 will be ___% of loan amount if your down payment is less than 5%

effective June 2013, annual MI for loans $625,501 and above will be 1.50% of loan amount if your down payment is 5% or more, or 1.55% of loan amount if your down payment is less than 5%

The interest rate charged by the FED to member banks that borrow money against their deposits is called the

Discount rate

The LOWEST interest rate that banks charge their best commercial customers is called?



**Commercial customers get a PRIZE:) **

Prime Rate

On the GFE, charges of the loan origination service are

summarized, firm estimates subject to a 0% tolerance, but final costs are shown on the HUD-1 settlement rather than the GFE.

What is not a penalty that the state regulatory authority may impose on a license who violates state law.

The state regulatory authority does not have the authority to impose a prison sentence.

Which is derived from average interest rate points and other loan pricing terms offered to consumers by a representative sample of creditors engaged in a mortgage transactions that have low risks?

Average prime offer rate or APOR is an annual percentage rate published at least weekly by the CFPB and FFIEC, which is derived from the average interest rates, points, and other pricing terms offered to consumers.

On a GFE, the tradeoff table shows the

difference between one loan and the same loan with a different interest rate or the same loan with lower settlement charges.

Rural development loans are administered by what government agency?

Department of Agriculture

Ann will make a 20% down payment on her $85,000 purchase. Her loan amount will be

the loan amount will be 80% of the purchase price.

What term describes the reason why in some state, a married person can not sell real property without the consent and signature of his or her spouse, even though the property and any financing is only in one spouse's name

Community property,



while the law differs by state, community property refers to assets owned by a husband and wife jointly regardless of how the property is titled or financed.

What is the adjustable number used to compute the interest rate on an ARM called?

The Index



-added to the margin on adjustable mortgage is the variable portion go the formula that cause the rate to adjust.

Which statement about the Federal Reserve is false?

FALSE, The Federal Reserve sets the prime rate

A mortgage servicer must wait ___ days before she/he is allowed to file for foreclosure or trustee's sale.

per RESPA guidelines a mortgage servicer must wait 120 days before being allowed to file for foreclosure