CHAPTER 4: PROCESSING AND UNDERWRITING Flashcards

1
Q

Assets are divided into two types

A

liquid assets used for down payment and closing costs
and long-term assets that can be used to cover the two months payments required for
reserves

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2
Q

To verify the assets the borrower has, you can use

A

bank statements, investment

statements, Verification of Deposits.

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3
Q

____________ cannot be used unless it is deposited into an account and has at least 60-day
seasoning

A

Cash

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4
Q

Additional down payment options are

A

Gift letter from a blood relative or significant other

and shows no requirement for repayment

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5
Q

a down payment assistance program

A

that assists first time homebuyers. The

assistance could come from, city, county or state programs.

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6
Q

Two types of income:

A

o stable income; and

o variable income

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7
Q

The income is verified with

A

1099’s, W-2’s, Paystubs, tax returns with a 4506T and a

Verification of Employment

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8
Q

__________ is required to provide continuity of income.

A

2-year history

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9
Q

Non-taxable income can be grossed up

A

25%, an example of non-taxable income is social

security benefits

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10
Q

There are six income calculations that are essential to know when we are talking about
calculating income.

A

o If the borrower is paid annually, the calculation is annual gross income/12
months.
o If the borrower is paid monthly, there is no calculation, use the annual gross
payment amount divided by 12 months.
o If the borrower is paid twice monthly, (an example would be they are paid on the
5th and the 20th of the month) the calculation is: the amount of each paycheck x 2
pay periods
o If the borrower is paid bi-weekly, then the calculation is (biweekly gross pay x 26
pay periods in a year)/12 months.
o If the borrower is paid weekly, then the calculation is (weekly gross pay x 52 pay
periods)/12 months
o If the borrower is paid hourly, the calculation is (hourly gross pay x average # of
hours worked per week x 52 weeks)/12 months

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11
Q

A borrower is considered self-employed if

A

they own 25% or more of a company. There is

a lot of additional analysis for self-employed borrowers to ensure continuity of income.

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12
Q

______________ must be disclosed by the borrower if they are not on the credit report

A

All liabilities

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13
Q

Any payment on liabilities that has less than ____ payments left do not have to be included
in the ______. The exception is a leased vehicle.

A
  1. 10

2. ratios

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14
Q

Things that are not considered liabilities include things like

A

utilities and cell phone

payments.

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15
Q

When calculating ratios, you have the front-end or housing ratio and back-end or overall
ratio. Each of the agency products all have different ratios to qualify for the loan.

A

o Conventional- 28 percent/36 percent
o FHA-31 percent/43 percent
o VA- Back end DTI of 41 percent with residual income calculation
o USDA - 29 percent/41 percent

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16
Q

• There is also loan to value which is considered a qualifying ratio. The maximum LTV on
the programs we discussed are:

A

o Conventional -97 percent (3 percent down payment)
o FHA- 96.5 percent (3.5 percent down payment)
o VA- 100 percent (0 down payment required)
o USDA-100 percent (0 down payment required)

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17
Q

The credit report that is pulled for underwriting a loan, is called _______, the merging
of the three credit agencies, ____________________.

A
  1. Tri-Merge

2. Experian, TransUnion and Equifax.

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18
Q

The underwriter will use the ______ credit score when underwriting.

A

Middle

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19
Q

What is the credit score range?

A

300-850

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20
Q

• Bankruptcies show on the credit report for

A

seven (7) years on Chapter 11 or 13 and ten

(10) year on a Chapter 7.

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21
Q

For a conventional loan, if a borrower’s credit report shows that a borrower has been
______ or more days late within _________months, the underwriter will deny
the loan, unless there are extenuating circumstances.

A
  1. sixty (60)

2. the past 12 Months

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22
Q

For a conventional loan, a borrower is prohibited from obtaining a loan

A

if they have had a

foreclosure reported on their credit within the previous seven (7) years

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23
Q

If there is a short sale and not a foreclosure, then the borrower must wait ______ years
from the short sale to obtain a new mortgage

A

four

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24
Q

Inquiries remain on a borrower’s credit for _____ years, but most of the time, the score
only takes it into account for _________.

A
  1. two (2)

2. twelve (12) months

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25
FCRA (Regulation V)
is a federal law that regulates how consumer credit reporting agencies (CRAs) use consumer’s information
26
How many credit reports can you have for free each year?
1.
27
All credit pulls must have a
permissible purpose – just because an MLO can pull a credit | report doesn't mean it's legal under FCRA
28
FCRA requires most things are removed within
seven (7) years, ten (10) years on | bankruptcies
29
FCRA requires an______________ disclosure. This disclosure must be given within ___ days of a credit decision.
1. adverse action | 2. 30
30
FACTA (amendment to FCRA) adds provisions
to improve the accuracy of consumers’ | credit-related records
31
FACTA requires the provision
of risk-based pricing notices and credit scores to | consumers whose applications are denied or who receive less favorable offers of credit
32
Safeguard Rules requires
all files to be kept confidential and stored in a locked cabinet or draw, when not in use. All files have to be kept for a period of at least three years before being destroyed. The CD must be kept for at least five (5) years.
33
_____________ Loan Applicant required under FACTA
Notice to Home
34
Economic Growth, Regulatory Relief and Consumer Protection Act requires
nationwide | consumer reporting agencies to provide national security freezes free to consumers.
35
As well as security/credit freezes, the amendment extended the time that a borrower can have a fraud alert on their credit report from _____ days to _____ year.
1. 90 day | 2. 1 year
36
Red Flags rules was established to
prevent identity theft. The Red Flags Rule applies to | financial institutions and creditors
37
The Disposal Rule is
part of FACTA and dictates how institutions should dispose of consumer information
38
All files can be destroyed after
three (3) years and five (5) years for the CD. Hard copy can be destroyed if the files are digitized.
39
Tangible Net Benefit
• When analyzing a borrower if they should get the loan is to determine the Ability to Repay and is a Tangible Net Benefit. • As a professional it is an MLOs responsibility to discuss options and determine if it is the best decision to compete a loan transaction.
40
RESPA
* Real Estate Settlement Procedures Act (RESPA, Regulation X). * Covers: kickbacks, referral fees, escrow requirements, transfer of servicing, also TRID
41
RESPA does not cover:
o Vacant Land o Large Tracts of Land (25 acres or more – even if there is a dwelling on it) o Commercial or business loans o The government, its agencies or instrumentalities o Temporary financing (bridge loans or swing loans)
42
RESPA Section 8 prevents
anything of value being exchanged for referrals or kickbacks.
43
RESPA - Also, an ________________ Disclosure if the MLO or company have an interest in third party companies or if you are requiring a borrower to use any of your referral companies.
Affiliated Business Arrangement (AfBA)
44
The USA Patriot Act was created in response to
attacks of September11, 2001.
45
The Treasury Department through its Financial Crimes Enforcement Network (FinCEN) became responsible for implementing __________.
the Patriot Act
46
As part of compliance with the Patriot Act, financial institutions are required
to check | two (2) forms of identification for each borrower.
47
US Patriot Acts requires MLOs to obtain identification of borrowers through
Social Security Card, Passport or Driver's License and then run the borrower through the OFAC database, to see if your borrowers are on the governments watch list.
48
An appraisal
is an evaluation of the borrower's home determined by the appraiser and substantiated by an appraisal report
49
All appraisers must conform with
USPAP and be licensed in their states to perform | appraisals
50
• The use of Appraisal Management Companies (AMCs)
is required by Fannie Mae and | Freddie Mac. They are a neutral third party.
51
There are three types of appraisals:
o Sales Comparison o Cost Approach o Income Approach
52
Appraisals | The Sales Comparison approach
is the most common and uses comparable properties to | determine a value of the subject property.
53
Comparables must be within _____ mile(s) of the subject property and have been sold in the past _____ months
1. 1 | 2. 6
54
Gross adjustments cannot exceed _____ percent of the comparable value or a ______ percent net of the comparable.
1. 50% | 2. 30%
55
Appraisals | Cost Approach appraisals
are determined by how much it would cost to reproduce the | improvement (home) on the property
56
Appraisals | Income Approach
used mostly for investment or multi-unit properties. The amount of income the property can produce through renting it is used to determine the value.
57
• The term title is
a collective term for all a borrower’s legal rights to own, use, and dispose of land.
58
The title report
is a generated report that shows the chain of title.
59
The chain of title
is the chain of the sales and transfers of ownership of the title
60
• Title Insurance protects
the borrower and the lender from any flaws in the title from the date of the closing and before
61
There are two types of Title Insurance:
o Owner's title insurance (protects the owners, usually not a requirement but a recommendation) o Lender's title insurance (always required on a transaction – protects the lender)
62
An easement
is a legal right to use another’s land for a specific limited purpose
63
A restrictive covenant
is a clause in a deed or a lease to real property that limits what the owner of the land or lease can do with the property
64
An encroachment
s where a property owner violates the property rights of his neighbor by building something on the neighbor’s land or by allowing something to hand over on the neighbor’s property
65
A deed
is an instrument that conveys a grantors interest, if any, in real property
66
Ownership in severalty
is the simplest form of ownership. It is ownership in a sole form, meaning only one person owns it.
67
Co-ownership
is also known as concurrent ownership and is the ownership of a property by two or more persons who share title to real property
68
Tenancy in common
is a form of co-ownership with two or more persons having an | undivided interest in the entire line, but no right to survivorship.
69
Right to survivorship
means that the property passes automatically to other co-owners when one co-owner dies
70
Joint Tenancy exists
when each co-owner has an equal undivided interest in the land with the right of survivorship
71
Tenancy by the Entirety
is a form of co-ownership that involves only owners who are | husband and wife, with each having an equal and undivided share of the property
72
A lien is not only a ________ interest in the property, but it is also a financial _________.
1. financial | 2. encumbrance.
73
A lien can be
voluntary or involuntary
74
A note or promissory note
is a written, legally binding promise to repay a debt.
75
Default
is the failure to fulfill an obligation, duty, or promise, as when a borrower fails to make payments on a mortgage.
76
Generally, liens are paid in the order they were attached to the land. The important exception is _________ liens; these types of liens are ______ to all other liens.
1. property tax | 2. superior
77
Insurance requirements
Homeowners insurance/Hazard Insurance and Flood insurance. Borrowers must have both if required at closing and paid up for the next 12 months.
78
When a property is in a flood zone, most lenders are going to require that that borrower
obtain flood insurance
79
The Federal Emergency Management Agency (FEMA)
is responsible for creating 100- year flood plain maps and provide flood insurance to homeowners in identified flood zones
80
Maximum flood insurance is _______ for the property and ______ for personal property.
1. $250,000 | 2. $100,000
81
The 1973 Flood Disaster Protection Act
regulated and required insured lenders and federal agencies to require flood insurance for loans for properties in Special Flood Hazard Areas (SFHA).