Unit 14 Exam Flashcards
Match the Following with its definition:
Mortgage reduction certificate
Bring down
Walk-through
Abstract of title
Affidavit of title
Survey
A)
Provides information about the exact location and size of the property
B)
Certifies the amount owed on the mortgage loan, the interest rate, and the date and amount of the last interest payment
C)
A sworn statement in which the seller assures the title company and buyer that no other defects in the title have occurred since the date of the title examination
D)
Search of the public record made after closing
E)
Buyer verifies that required repairs have been made, the property has been well maintained, and no removal of improvements has taken place
F)
Requires an attorney’s opinion of the quality of the seller’s title
Mortgage reduction certificate = B
Bring down = D
Walk-through = E
Abstract of title = F
Affidavit of title = C
Survey = A
As part of the title company’s preclosing title search, the sellers may be required to execute an affidavit of title.
True
Lenders generally require that a buyer obtain a mortgagee’s title insurance policy to ensure that the buyer takes good and marketable title at closing.
True
Match the following with either Face-to-Face or Closing Escrow:
A)
May raise privacy concerns
B)
Not best approach if friction between parties
C)
Buyer and seller meet for the first time
D)
Third party acts on behalf of buyer and seller
E)
Buyer and seller execute escrow instructions
F)
Buyer and seller attend
G)
Documents provided to escrow agent before closing
Face-to-Face = A,B,C,F
Escrow = D,E,G
In all closings in any state, the buyer and seller meet face to face.
False
The person who coordinates the activities in an escrow closing is a disinterested third party.
True
Match the following with either Permitted or Prohibited by RESPA:
Unearned fees for services
Fee-splitting
Kickbacks
Reasonable escrow deposits
Unearned fees for services = Prohibited
Fee-splitting = Prohibited
Kickbacks = Prohibited
Reasonable escrow deposits = Permitted
The only fee that the lender may collect before the applicant receives the Loan Estimate is for a credit report.
True
RESPA regulations apply to any residential mortgage loan made to finance the purchase of a one- to four-family home or to refinance an existing mortgage.
False
Match the following with either Buyer or Seller:
A)
Recording of release deed
B)
Insurance reserves
C)
Private mortgage insurance
D)
Loan fees
E)
Recording of quitclaim deed
F)
Buyer’s attorney fees
G)
Seller’s attorney fees
H)
Seller’s broker commission
I)
Recording deed to convey title
J)
Tax reserves
Buyer = B,C,D,F,I,J
Seller = A,E,G,H
RESPA requires lenders to maintain a cushion in a borrower’s escrow account equal to one-sixth of the total estimated amount of annual taxes and insurance.
False
RESPA PERMITS, but does NOT REQUIRE lenders to maintain a cushion equal to one-sixth of the total estimated amount of annual taxes and insurance.
A debit on a closing statement is an amount entered in a person’s favor—an amount that has already been paid, an amount being reimbursed, or an amount the buyer promises to pay in the form of a loan.
False
Match the following with the correct definition: Calendar year, Rent, Statutory year, Mortgage interest, Accrued item, Real estate taxes.
A)
Owed by the seller, but will be paid after the sale to the buyer
B)
Typically prepaid
C)
Uses 365 days in proration calculations
D)
May be either accrued or prepaid
E)
Typically paid in arrears
F)
Assumes 30 days in each month
Calendar year = C
Rent = B
Statutory Year = F
Mortgage Interest = E
Accrued Item = A
RE Taxes = D
Prepaid items are expenses to be prorated (such as fuel oil in a tank) that have been prepaid by the seller but NOT fully used up and are credits to the buyer.
False
Accrued items are expenses to be prorated (such as water and other utility bills) that are owed by the seller but will be paid later by the buyer.
True
The Real Estate Settlement Procedures Act (RESPA) applies in a loan assumption if
A)
the terms of the assumed loan are modified by the lender.
B)
the buyer must be approved by the lender for the assumption to occur.
C)
the lender charges less than $50 for the assumption.
D)
the seller does not want to be liable for the loan in the future.
Explanation
The answer is the terms of the assumed loan are modified by the lender. If the terms of the assumed loan are modified or the lender charges more than $50 for the assumption, then the transaction is subject to RESPA regulations.
Which regulatory body administers RESPA?
A)
FTC
B)
FDIC
C)
HUD
D)
FCC
Explanation
The answer is HUD. The Real Estate Settlement Procedures Act (RESPA) is a federal consumer law administered by HUD. It requires certain disclosures about the mortgage and settlement process and prohibits certain practices that increase the costs of settlement services, such as kickbacks and referral fees that can increase settlement costs for homebuyers.
The details of a closing are ALWAYS governed by
A)
the terms of the properly executed purchase contract.
B)
the wishes of the seller as expressed orally.
C)
the escrow instructions that both the seller and the buyer sign.
D)
the wishes of the buyer as expressed orally.
Explanation
The answer is the terms of the properly executed purchase contract. A closing involves fulfilling the promises made in a sales contract. Even when there are separately executed escrow instructions, they will incorporate the purchase contract by reference.
A statement provided by the lender informing the borrower of its intention to service the loan or to transfer it to another lender is called
A) the Mortgage Servicers Statement. B) the Mortgage Sale Statement. C) the Mortgage Servicing Transfer Statement. D) the Mortgage Loan Transfer Statement.
Explanation
The answer is the Mortgage Servicing Transfer Statement. The lender will inform the borrower of its intention to service the loan or to transfer it to another lender is called the Mortgage Servicing Transfer Statement.
In some parts of the country, closing is called
A) settlement and closing. B) table transfer. C) settlement and transfer. D) transfer and closing.
Explanation
The answer is settlement and transfer. Closing procedures vary somewhat in different parts of the country; in some areas, itis called settlement and transfer.
A building was purchased for $850,000, with 10% down and a loan for the balance. If the lender charged the buyer two discount points, how much cash did the buyer need at closing if the buyer incurred no other costs?
A) $85,000 B) $100,300 C) $102,000 D) $17,000
Explanation
The answer is $100,300.
A purchase for $850,000 with 10% down requires a mortgage loan of $765,000 ($850,000 – $85,000 = $765,000).
A point is 1% of the loan amount, or $7,650 (1% × $765,000 = $7,650).
The buyer must bring 2 points (2 × $7,650 = $15,300) plus the down payment ($85,000) to the closing ($15,300 + $
85,000 = $100,300).
The Closing Disclosure must be used to illustrate all settlement charges for
A)
residential transactions financed by federally related mortgage loans.
B)
transactions financed by VA and FHA loans only.
C)
all transactions involving commercial property.
D)
every real estate transaction.
Explanation
The answer is residential transactions financed by federally related mortgage loans. Except for owner financing, very few loans for the purchase of residential properties are not—or will not sometime be—federally related, either directly or indirectly. For example, if they are not insured or guaranteed by FHA or VA, they may still be later traded on the secondary mortgage market by Fannie Mae, Freddie Mac, or other government-sponsored enterprises.
The “bring down” is the second title search and is made
A)
just before closing to make sure that no recent liens will impair the transfer of good title.
B)
immediately after the first title search to verify the information obtained.
C)
only if the first title search revealed a potential problem.
D)
after the closing and before any new documents are filed.
Explanation
The answer is after the closing and before any new documents are filed. The “bring down” is the second title search that is made after the closing and before any new documents are filed.
How would the buyer’s earnest money deposit be entered on a closing statement in a typical real estate transaction?
A)
Credit to buyer only
B)
Credit to seller, debit to buyer
C)
Debit to buyer only
D)
Credit to buyer and seller
Explanation
The answer is credit to buyer only. Earnest money is a credit to the buyer (borrower). No notation is made for the seller.