Wrong Answers Flashcards by Al Scott

A mortgage which is amortized for a longer period than the actual term of the loan can best be described as what type of mortgage?

The answer is balloon mortgage. A partially amortized or balloon mortgage provides for some, but not total, amortization during the mortgage term. It has payments that are equal and regular in nature. However, the loan term is shorter than the time needed to repay the full loan balance by making those payments. Therefore, at the end of the loan term, a large balloon payment is needed to pay off the remaining balance.

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What is Freddie Mac’s automated underwriting system called?

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.

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Which of the following statements most accurately describes the term “predominant value”?

A.The final value an appraiser reports on an appraisal
B. The most common sales price for the neighborhood
C. The highest sales price in the neighborhood
D. The average sales price for the neighborhood

The most common sales price for the neighborhood

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Insurance which guarantees a lender a certain lien position on the title to a property free from undisclosed encumbrances is called

Lender’s title policy

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In the Closing Disclosure, which of the following questions is the loan originator required to answer about each of the items in the Loan Terms table?

“Has this information been verified?”
“Can this amount increase after closing?”
“Is this payment subject to a late fee?”
“Has this information changed from the Loan Estimate?

“Can this amount increase after closing?”

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Assume a Loan Estimate is mailed on Monday. The borrower receives the Loan Estimate on Wednesday, and calls the originator that day to let them know it was received and they would like to move forward, and signs and returns it to the lender. What is the earliest date the lender could charge the borrower for the appraisal?

Wednesday

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Under HOEPA, a high-cost loan may have a balloon payment under all of the following circumstances, EXCEPT:

The loan satisfies the requirements of a balloon payment qualified mortgage
A nine-month bridge loan is obtained for the construction of the borrower’s primary dwelling
The borrower’s income is seasonal
The borrower signs a waiver consenting to the balloon payment

The borrower signs a waiver consenting to the balloon payment

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Information held by the NMLS relating to the employment history or disciplinary actions taken against a mortgage loan originator:

Is not confidential and is available for public access

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All of the following are mortgage loans subject to coverage under the Home Mortgage Disclosure Act, except:

A loan to purchase a condominium unit
A home improvement loan made for the purpose of repairing, rehabilitating, or remodeling a dwelling
A home equity loan used to pay off outstanding medical bills
A loan to purchase a mobile home or multi-family dwelling

The answer is a home equity loan used to pay off outstanding medical bills. Loans subject to the Home Mortgage Disclosure Act (HMDA) include home purchase loans for any residential dwelling, home improvements loans made for the purpose of repair, rehabilitation or remodeling a dwelling, and refinance loans of a loan previously covered by HMDA

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Which of the following best describes the Homeowners Protection Act?

Regulates higher-priced mortgage loans
Sets forth Section 32 loan rules
Establishes PMI requirements
Implements the Home Ownership and Equity Protection Act

Establishes PMI requirements

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The Disposal Rule, a part of the Fair and Accurate Credit Transactions Act, is intended to prevent:

Acts of fraud such as identity theft

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Under the Telemarketing Sales Rule, which of the following is true about an established business relationship?

It is a relationship between a company and a consumer, based on a consumer’s inquiry about an offered product or service within three months immediately preceding the date of a telemarketing call
If a company and a consumer have an established business relationship, the company is never prohibited from making telemarketing sales calls to the consumer
An established business relationship only exists if a consumer has purchased goods or services from the company
An established business relationship would exist if a consumer made an inquiry of the company within six months of a telemarketing phone call

The answer is it is a relationship between a company and a consumer, based on a consumer’s inquiry about an offered product or service within three months immediately preceding the date of a telemarketing call. An established business relationship is a relationship between the company and a consumer, based on the consumer’s purchase, rental, or lease of the seller’s goods or services, or a financial transaction between the consumer and seller, within the 18 months immediately preceding the date of a telemarketing call, or the consumer’s inquiry or application regarding an offered product or service, within the three months (NOT six months) immediately preceding the date of a telemarketing call.

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Which of the following is not a requirement of the E-Sign Act?

Establish a process for withdrawing consent to e-delivery of documents
Establish a process to ensure that the consumer is able to use applicable technology
Provide notice to consumer of their right to receive documents in paper form
Obtain written consent from consumer to utilize electronic signatures

The answer is obtain written consent from consumer to utilize electronic signatures. The E-Sign Act allows for the use of electronic records to satisfy any law, regulation, or rule that requires information be provided in writing, as long as the consumer consents to electronic delivery. The consumer must be advised that he or she has the option to receive information in a non-electronic form, the right to subsequently opt out of electronic delivery, and the right to be provided with information about the hardware and software required to allow him or her to access and retain the electronic records. The consumer’s consent to electronic delivery must be provided in a way that reasonably shows that he or she can access information in the electronic form that will be used

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A mortgage loan in the amount of $15,757 is a high-cost home loan if it has points and fees that exceed:

5% of the loan amount
6% of the loan amount
$1,099
$1,260

The answer is $1,099. A loan may be a high-cost home loan if it exceeds a points and fees threshold. For a transaction like this one, which has a loan amount of less than $21,980, the loan is high-cost if its points and fees equal the lesser of 8% of the total loan amount or $1,099. In this case, $15,757 × 8% = 1,260. $1,099 is less than 8% of the loan amount, meaning that if its points and fees exceeded $1,099, it would be high-cost.

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Under the PATRIOT Act, an account established to receive deposits from or make payments on behalf of a foreign financial institution, or to handle other financial transactions related to such an institution, is called:

A correspondent account

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Which of the following best describes the process of releasing a lien from the title of a property after a loan has been paid off?

Deed transfer
Deed release
Reconveyance
Conveyance

The answer is reconveyance. To provide public notice that a mortgage loan has been repaid and to clear it from the public record, a satisfaction or release is recorded to clear a mortgage lien, or a deed of reconveyance is recorded to clear a trust deed lien.

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Which of the following is considered to be a security instrument?

A promissory note
A trust deed
A hard money note
An equitable title

The answer is A trust deed. A promissory note is a borrower’s promise to pay. That promise to pay is secured by a security instrument, such as a mortgage or trust deed.

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Which of the following would not be considered a prepaid finance charge?

Title insurance premium
Flood certification fee
Discount points
Mortgage insurance

The answer is title insurance premium. A prepaid finance charge is any finance charge paid separately, in cash or by check, before or at consummation of the loan or withheld from the proceeds. They include loan origination, discount, and commitment fees, any prepaid private mortgage insurance premium, upfront mortgage insurance premium, VA funding fee, or USDA guaranty fee, underwriting, processing, and courier fees, if paid to the creditor, buydown funds, and prepaid interest. The cost of a title insurance premium is NOT a prepaid finance charge.

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A borrower obtains a loan for $250,000 at 5% interest. If they make their required monthly payment of $1,342.05 for the first two months, what is the principal balance of the loan after the second payment?

The answer is $249,397.98. The licensee would calculate the annual interest on the outstanding balance to figure out the amount of principal applied at each payment. Month #1: $250,000 × 5% = $12,500. $12,500 ÷ 12 = $1,041.66 (monthly interest); $1,342.05 (monthly payment) − $1,041.66 = $300.39 (principal); $250,000 − $300.39 = $249,699.61. Month #2: $249,699.61 (principal) × 5% = $12,484.98 ÷ 12 = $1,040.42 (monthly interest); $1,342.05 − $1,040.42 = $301.63 (principal); $249,699.61 − $301.63 = $249,397.98 (principal owing).

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A transaction or open-end home equity line of credit that will be secured by the same dwelling that secures the first mortgage loan on the dwelling, made to the same borrower at the same time, is:

A simultaneous loan

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This term refers to the practice of adjusting certain types of non-taxable income during underwriting.

Inflating

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For an FHA loan that requires MIP, the annual mortgage insurance premium (payable monthly as part of the mortgage payment), is based on all of the following, except:

A.Loan term
B.State in which the subject property is located
C.LTV
D.Loan program

State in which the property is located

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The licensing requirements of the S.A.F.E. Act require all but which of the following?

A.Registered MLOs must complete 20 hours of pre-licensing education
B.Registration with the NMLS
C.Successfully pass federal and applicable state components of a test with at least a 75% score
D. Use of a unique identifier on all advertising materials

Registered MLOs must complete 20 hours of pre-licensing education

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Which of the following does not appear in the Loan Estimate?

A.The anticipated ARM rates for the first five years
B.The loan term
C.Whether the subject loan is assumable
D.The property purchase price

The anticipated ARM rates for the first five years

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The Special Information Booklet must be delivered to the borrower within how many business days of the creditor’s receipt of an application?

Three

Which of the following may be a qualified mortgage? A.A 30-year adjustable-rate mortgage loan granted to a borrower with a debt-to-income ratio of 45% B.A 40-year fixed-rate mortgage C. A 35-year fixed-rate mortgage with points and fees equaling 3.75% of the loan amount D. A 20-year adjustable-rate mortgage granted to a borrower based on the maximum interest rate that may apply during the first five years of the loan

A 20-year adjustable-rate mortgage granted to a borrower based on the maximum interest rate that may apply during the first five years of the loan

Which of the following is not among the initial disclosures that must currently be provided to a mortgage loan applicant? A.Notice of Right to Cancel B.Mortgage Servicing Disclosure C.Loan Estimate D. Special Information Booklet

A. Notice of Right to Cancel (this is offered at Closing)

A broker has originated two loans this month, one of which is for his father. Both borrowers are equally qualified and are looking for exactly the same loan. If the broker charges his father a total of $500 in origination fees, what is the origination fee that should be charged to the other borrower? A.It varies; everything in the mortgage business is negotiable B.The origination fee should be less than 3% of the loan amount if he is well qualified C.If the borrowers are equally qualified, fees should be comparable D. Origination fees are not charged to family members

If the borrowers are equally qualified, fees should be comparable

Which of the following fees would NOT be used in calculating the APR? A.Closing fee B.Underwriting fee C.Mortgage insurance D.Title insurance

The answer is title insurance. The annual percentage rate (APR) represents the relationship of the total finance charge to the total amount financed, as a yearly rate. It is not the same as the nominal rate (i.e., the interest rate shown in the note), as it includes all finance charges, not just interest. Among other charges, finance charges include points, loan fees, and mortgage insurance premiums, but not title insurance premiums.

Which of the following is NOT required by the BSA? A.Reporting suspicious activity and transactions B.Generating requests for information from FinCEN C.Reporting large currency transactions D.Implementing an anti-money laundering (AML) program

Generating requests for information from FinCEN

A homeowner with an FHA loan would like to sell his home and allow the buyer to assume the existing mortgage. However, he is concerned about violating a due-on-sale clause. Is a due-on-sale clause allowed under the terms of the loan? No, because the loan is assumable Yes, because the loan is assumable Yes, because the loan is an FHA loan No, because seller financing is illegal

No, because the loan is assumable

Stan has been in his house for 15 years and built up $100,000 in equity. He decides to do some remodeling and pay off some bills, and he wants to use a closed-end home equity loan to pay for it. He meets with Lending Guys and, because he has a great credit history, gets loan approval right away. Two weeks later he signs the documents. Which of the following is true? Stan may rescind the loan at any time during the term of the loan Stan’s loan is not subject to provisions of the Real Estate Settlement Procedures Act Stan may rescind the loan within 3 business days of consummation Stan was required to provide Lending Guys with a Certificate of Completion prior to signing his final documents, indicating that he has completed homeownership counseling with a HUD-approved provider

Stan may rescind the loan within 3 business days of consummation

Assume that the Loan Estimate is mailed on Tuesday. The office is open six days a week and closed on Sundays. What is the earliest day on which the transaction could close? The following Wednesday The following Friday The following Monday The following Tuesday

The following Wednesday (7 days consummation from mailed)

Which of the following can be used by state regulators to determine whether a licensee demonstrates the financial responsibility and general fitness to command the confidence of the community to engage in the mortgage business? Credit report, net worth, payment of federal licensing fees Credit report, net worth, surety bond, payment into a state fund Credit report, surety bond, payment of exemption fees Credit report, payment into a professional fund, $1 million credit line

Credit report, net worth, surety bond, payment into a state fund

Under TILA's rules in regard to higher-priced loans, a creditor or servicer may cancel an escrow account only upon the earlier of termination of the underlying debt obligation or _____ years after the loan was consummated, at the request of the consumer.

Five

What two main aspects of a loan application does an underwriter examine to determine if lender guidelines are being met?

Applicant and collateral

What is the specific distinction between state-licensed and registered loan originators? A.Unlike state-licensed loan originators, registered loan originators are exempt from licensing requirements B.State-licensed loan originators are only allowed to originate in the states in which they hold a license, while registered loan originators may obtain one license and conduct business anywhere C.Only state-licensed loan originators carry a unique identifier D.Registered loan originators need only ten hours of pre-licensing education, while state-licensed loan originators need 20 hours

The answer is unlike state-licensed originators, registered originators are exempt from licensing requirements. A registered mortgage loan originator is an individual who meets the requirements of a mortgage loan originator, is an employee of a covered financial institution, is registered with the NMLS, and maintains an NMLS unique identifier. Unlike state-licensed originators, registered originators are exempt from licensing requirements.

For a face-to-face referral, an affiliate business relationship must be disclosed:

At or before the time of the referral

A mortgage or deed of trust generally includes a clause that provides for release of the lien when the borrower pays off the debt, called a(n):

Defeasance clause

Which of the following is true concerning the refundability of a VA funding fee? A.VA funding fees are refundable if the borrower is overcharged B.VA funding fees are refundable if the borrower is active military C.VA funding fees are never refundable D.VA funding fees are refundable if the borrower is a wounded veteran

VA funding fees are refundable if the borrower is overcharged

When must a borrower receive notice of whether loan servicing can be assigned, sold, or transferred? A.Never - this disclosure is not required B.Within 30 days of the transfer of servicing C.Within 15 days of the transfer of servicing D. Either at the time of application or within three business days of application

Either at the time of application or within three business days of application

A mortgage broker is unable to assist a client and refers him to another mortgage broker for origination services. The second broker pays the referring broker a fee for providing the lead. Which of the following is correct? A.Payment of the fee is illegal B.The fee is legal as long as the brokers have a pre-existing agreement in place C.The fee is legal as long as the brokers do not have a pre-existing agreement in place for payment of referral fees D.The fee is illegal unless the brokers provide a disclosure to the client

A. Payment of the fee is illegal

If a borrower waives the right to receive a copy of an appraisal:

They must receive a copy at or before consummation

What is the maximum cushion that servicers can hold in a borrower's reserve account? A.Two months' taxes, one month insurance B.One month taxes, one month insurance C.Two months' taxes, two months' insurance D.Whatever the lender deems as "reasonable under the circumstances"

Two months' taxes, two months' insurance

The residual income method applies to which of the following types of loans? A.Jumbo B.Conventional C.VA D.FHA

Which of the following would not need to be included in the notice of servicing transfer? A.Toll-free number for the old servicer B.Borrower's payment amount C.Toll-free number for the new servicer D.Effective date of the transfer

Borrower's Payment Amount

Which of the following in an ad for residential mortgage financing would trigger additional disclosures? A."VA financing available" B."Affordable payments" C."5.75% APR" D."5% down payment"

The answer is "5% down payment." Under TILA, an ad must disclose a number of additional credit terms if it contains a trigger term. A trigger term includes certain credit terms specifically cited in an ad, including the amount or percentage of any down payment (e.g., "5% down," "95% financing," "$6,200 down"), except when the amount of the down payment is zero; the number of payments or period of repayment (e.g., "360 monthly payments," "a 30-year loan"); the amount of any payment (e.g., “payments of less than $1,400 per month”); and the amount of any finance charge (e.g., “total financing costs of less than $3,000”).

Under which of the following situations would an appraiser use the income approach to appraise a property? A.The property is in an area which is primarily rental properties B.All comparable sales for the property are rental properties C.The new buyer is going to use the property as a rental property D.The property is being used by the seller as an investment property

The answer is the new buyer is going to use the property as a rental property. The income (or capitalization) approach is used to appraise properties that produce rental income (e.g., apartments, office buildings, and rental units). It bases the value of the property on the net income the owner will receive and a rate of return (capitalization rate) the owner should find acceptable. The estimated net income is calculated by subtracting an allowance for vacancies and bad debts from scheduled gross income to arrive at effective gross income, and then subtracting fixed expenses, operating expenses, and reserves to replace items that will wear out.

Supervisory authority afforded to state agencies over the mortgage industry allows them to impose all of the following sanctions, except: A.Order the removal and ban of individuals from employment as loan originators B.Suspend, terminate, or refuse renewal of a loan originator license for a violation of state or federal law C.Assess jail time for fraudulent activities D.Impose civil money penalties for individuals acting as loan originators without a valid license or registration

Order the removal and ban of individuals from employment as loan originators

A(n) _____ is an individual who accepts a fee to falsely claim ownership to a property.

straw seller

All of the following individuals are exempt from requirements to obtain a mortgage loan originator license, except for a person who: A.Extends credit only for timeshare plans B.Negotiates a residential mortgage loan secured by a dwelling that is the individual’s residence C.Negotiates the terms of a residential mortgage on behalf of a cousin D.Is an employee of a local government agency and who acts as a loan originator in their official duty as an employee

The answer is negotiates the terms of a residential mortgage on behalf of a cousin. S.A.F.E. Act exemptions include individuals solely involved in extensions of credit referring to timeshare plans; an individual who is an employee of a federal, state, or local government agency or housing finance agency, acting as a loan originator only pursuant to his or her official duties; and an individual who offers or negotiates terms of a residential mortgage loan secured by his own dwelling, or only with or on behalf of an immediate family member. However, a cousin is not considered an immediate family member under the legal definition, which includes a spouse, child, sibling, parent, grandparent, or grandchild, including stepparents, stepchildren, stepsiblings, and adoptive relationships.

Under RESPA, the servicer may require a borrower to pay into an escrow account to cover disbursements that are unanticipated or disbursements made before the borrower’s monthly payments are available in the account, a cushion or reserve that must be no greater than _____ of the estimated total annual disbursements from the escrow account.

1/6

For FHA loans, the annual mortgage insurance premium (MIP) will differ based on whether the term of the loan is more or less than: A.15 years B.20 years C.25 years D.30 years

15 years

A first-lien mortgage loan will exceed the HOEPA APR threshold and qualify as a high-cost mortgage if its APR is:

6.5 percentage points above the average prime offer rate for a comparable transaction

Under the Truth in Lending Act, a creditor is defined as:

A natural person, business, or financial organization that regularly extends credit to consumers

A loan has a rate of 6% for 30 years with a payment of $1,400 per month for the first five years and a payment of $1,800 per month for the remaining 25 years. What type of loan is this?

The answer is interest-only option fixed-rate. The loan has a rate of 6% for 30 years, meaning it has a fixed rate. This loan has an interest-only feature for the first five years.

Which of the following settlement services would not be covered by RESPA? A.Services of a real estate agent B.Office supply provider C.Processing services D.Title abstractor

Office supply provider

With what type of loan do payments, including principal and interest, remain constant throughout the life of the loan? A.A balloon loan, as long as the maturity date is beyond ten years B.An ARM with a conversion option C.Fixed rate D.An FHA loan

Fixed Rate

The federal agency that implements and enforces rules related to the origination of FHA loans is the:

HUD

Which of the following is not within the authority of the state regulators responsible for the effective system of supervision and enforcement of the SAFE Act? A.Determine criminal sentences for non-licensed entities under the Act B.Issue licenses to conduct business under the Act C.Deny, suspend, revoke licenses issued under the Act D.Examine, investigate, and conduct enforcement actions

The answer is determine criminal sentences for non-licensed entities under the Act. A state regulator has the responsibility to carry out the administration of the SAFE Act, but is not involved in criminal prosecution or penalty decision making.

If a foreclosure proceeding has been initiated by a creditor, the borrower may exercise his/her three-year right to rescind if the finance charge for the loan was understated by:

More than $35

A _____ is defined as any mortgage product other than a 30-year fixed-rate mortgage.

Non Traditional Mortgage

How long must flood insurance be in place?

Until the balance is paid off

For what length of time can an unpaid tax lien remain on a credit report?

Indefinitely

Which of the following is not a characteristic of an HPML? A.It is secured by the borrower’s principal dwelling B.It has an APR that exceeds the average prime offer rate by 1.5 percentage points for a loan secured by a first lien on the home C.It has an APR that exceeds the average prime offer rate by 3.5 percentage points for a loan secured by a subordinate lien on the home D.It has an APR that exceeds the rate for Treasury securities with a comparable rate of maturity by 6.5 percentage points

It has an APR that exceeds the rate for Treasury securities with a comparable rate of maturity by 6.5 percentage points

In order for a small creditor to originate a balloon payment qualified mortgage, the small creditor must hold the loan in its portfolio for:

3 years

Which of the following is the least-expensive type of reverse mortgage? A.HECM B.Proprietary mortgage C.Non-recourse D.Single purpose

The answer is single purpose. A single-purpose reverse mortgage is a low-cost loan offered to low-income borrowers by state and local agencies or non-profit organizations. They are typically made for purposes such as payment of property taxes or payment for home improvements.

Five siblings have ownership rights to a property. If a refinance transaction affecting the property is subject to rescission, how many of these individuals must submit a rescission notice in order to void the loan?

Any one of the five

When would a license be suspended without a hearing?

If a licensee fails to request a hearing with the state regulator

What document would an underwriter rely on for detailed information concerning the collateral for a mortgage loan? A.The property appraisal B.The borrower’s asset statements C.The URLA D.The borrower’s employment documentation

The property appraisal

All but which of the following prohibitions or requirements apply to HPMLs? A.The loan cannot include prepayment penalties after the first two years of the loan term B.The loan cannot include prepayment penalties C.The borrower must have an escrow account for taxes and insurance D.Consideration of repayment ability must include verification of income using documents such as IRS W-2 forms

The loan cannot include prepayment penalties after the first two years of the loan term

All of the following are TILA-required disclosures, except: A.CHARM Booklet B.Notice of Adverse Action C.Right to Rescind D.Loan Estimate

Notice of Adverse Action

A _____ is an individual who accepts a fee to falsely claim ownership to a property. A.Straw buyer B.Air buyer C.Straw seller D.Air seller

Straw Seller

How many total hours of ethics are required, at minimum, for pre-licensing education?

The Jepsons have brought mortgage loan originator Stanley Rothke a check to pay for loan origination fees, the private mortgage insurance premium, and the commitment fee. These charges are: A.Paid-outside-of-closing charges B.Prepaid finance charges C.Third-party charges D.Mortgage loan transaction fees

prepaid finance charges

Leslee is a loan processor who is not required to perform her duties at the direction of or subject to the supervision and instruction of an individual who is licensed or exempt. Leslee is a(n):

Independent contractor

When a borrower chooses to allow their interest rate to rise or fall with the market until the loan is closed, it is called:

Float

After a borrower allows the assumption of his or her VA loan, he or she may use his or her VA privilege again only after:

Original VA loan is satisfied

The size of the government’s guarantee on a VA loan depends on:

The size of the loan being obtained

Nicole is obtaining a higher-priced mortgage loan to buy a home from a Marine in South Carolina who has been reassigned to a base on the West Coast. The Marine purchased and moved into his home three months earlier. In this transaction, a second appraisal will: A.Be required because the seller acquired the home 90 days prior to the date that Nicole agreed to purchase the home B.Be required if there is any evidence that the sale constitutes property flipping C.Not be required unless Nicole has agreed to purchase it for 20% more than the Marine paid D.Not be required since purchases from servicemembers are not subject to the requirement for two appraisals

Not be required since purchases from servicemembers are not subject to the requirement for two appraisals

The Nationwide Multistate Licensing System and Registry seeks to accomplish all of the following objectives, except: A.Provide uniform license applications and reporting requirements for state-licensed originators B.Provide comprehensive training and facilitate responsible behavior to expand the subprime mortgage marketplace C.Provide increased accountability and tracking of loan originators D.Facilitate the collection and disbursement of consumer complaints on behalf of state and federal mortgage regulators

Provide comprehensive training and facilitate responsible behavior to expand the subprime mortgage marketplace

When a seller provides all or part of the financing for the borrower in order to finance a purchase transaction, it is known as:

Seller carry back

Which of the following are considered liens? A.Judgment, mortgage, flood insurance B.Mortgage, mechanic’s lien, debentures C.Chattel, mortgage, attachment D.Judgment, attachment, mortgage

Judgment, attachment, mortgage

All of the following are part of the underwriter’s review of collateral, except: A.Sales contract B.Bank statements C.Appraisal D.Flood zone verification

Bank Statements

In order to qualify for an adjustable-rate mortgage, a consumer must be able to show that he or she can:

Fully Indexed Rate of the ARM

What federal legislation requires loan originators to collect demographic data to ensure that creditors are not engaging in discriminatory lending?

Home Mortgage Disclosure Act (HMDA)

Which of the following is not permitted for a HOEPA loan? A.Documenting a borrower’s ability to repay the loan B.Requiring a balloon payment after the first five years C.Refinancing into another HOEPA loan within 12 months if it is in the borrower’s best interest D.Making a loan solely based on the collateral value of the property

The answer is making a loan solely based on the collateral value of the property. Under HOEPA, you may not make a loan solely based on the value of the borrower’s collateral without considering his/her ability to repay the loan.

The Loan Estimate is required for:

All closed-end federally related mortgage loans

Which of the following forms is the appraisal form used for investment properties? A.1007 B.1073 C.1004 D.1005

1007

In verifying a loan applicant’s income and/or assets, a creditor must rely upon:

Reliable third-party records such as paystubs and tax returns

Intentionally targeting borrowers in poor or underserved areas with expensive high-cost loans is considered illegal under:

HOEPA

Which of the following statements most accurately describes the HPML transactions that are subject to the requirement to establish an escrow account? A.Escrow accounts are required for all HPMLs secured by the borrower’s principal dwelling B.Escrow accounts are required for all HPMLs secured by a dwelling C.Escrow accounts are required for all first-lien HPMLs secured by the borrower’s principal dwelling D.Escrow accounts are required for all HPMLs, including reverse mortgages

Escrow accounts are required for all first-lien HPMLs secured by the borrower’s principal dwelling

An investigator spends three weeks researching Steve Sample, who is applying for a job. He meets Steve’s neighbors, current co-workers, and former teachers and mentors. After interviewing upwards of 30 individuals, the investigator submits his report to the company considering Steve for a position. This is an example of:

Investigative consumer report

A creditor that is making an HPML must provide the loan applicant with a disclosure regarding his or her right to a copy of the appraisal no later than ____ after the creditor receives the loan application.

3rd biz day

Safe harbor qualified mortgages offer a “safe harbor” from:

liability for ATR Rule violations

Oskar is being licensed in a state that requires each loan originator to be covered by a surety bond. Upon approval of his license application, he will be employed by the Half Nelson Mortgage Brokerage. Who is required to provide Oskar’s surety bond? A.Oskar B.Half Nelson Mortgage Brokerage C.Both Oskar and Half Nelson D.Either Oskar or Half Nelson

Either Oskar or Half Nelson

What action must a creditor take if it is discovered that the APR is outside of the range of tolerance? A.Provide disclosure of the corrected discrepancy and wait three business days before closing B.Keep records of the discrepancy for three years C.Adjust the APR and close the loan as scheduled D.Restart the seven-business-day waiting period after the new disclosure has been made

Provide disclosure of the corrected discrepancy and wait three business days before closing

Concerning ARMs, margin is best defined as:

A number, expressed as a percentage, that represents a lender’s operating costs and profit margin

A state-licensed loan originator is:

An employee of non-depository institution

XYZ Mortgage Company just mailed a Closing Disclosure to a consumer. The waiting period prior to closing will begin: A.On the date that the Closing Disclosure is mailed B.The next business day after the Closing Disclosure is mailed C.The third business day after the Closing Disclosure is mailed D.The day on which the company received a completed, signed loan application

The third business day after the Closing Disclosure is mailed

Which of the following documents conveys title to real property?

Deed

Sandra is purchasing a home with a loan amount of $510,400, which is the conforming loan limit for the area where she lives at the time that she secures approval for the loan. Her interest rate is not a prime rate, and in order to determine if it triggers the threshold for higher-priced mortgage loans, her creditor must determine if the APR for the loan exceeds the average prime offer rate by: A.2.5 percentage points B.1.5 percentage points C.3.5 percentage points D.6.5 percentage points

The answer is 1.5 percentage points. For first lien loans with a principal amount that does not exceed the conforming loan limit, Sandra’s creditor must determine if the APR for the loan exceeds the average prime offer rate by 1.5 percentage points.

Loan originator Zena Mendez is preparing an advertisement in which more than one simple interest rate will apply over the term of the loan. In order to be in compliance with Regulation Z, Zena must clearly and conspicuously disclose all of the following, except: A.Each applicable simple annual rate B.The period of time each simple annual rate applies C.The frequency with which the rate will change D.The annual percentage rate for the loan

The answer is the frequency with which the rate will change. If an ad states a simple annual rate of interest and more than one simple annual rate of interest will apply over the term of the loan, the ad must clearly and conspicuously disclose each applicable simple annual interest rate, the period of time during which each rate will apply, and the annual percentage rate for the loan.

A licensee subject to an investigation or examination may not engage in any of the following, except: A.Providing computer records B.Knowingly removing or withholding records C.Providing records that have had information redacted D.Failing to cooperate with an investigation

Providing Computer Records

ECOA applies to the extension of credit for: A.Loans secured by a first or subordinate lien on residential property B.Residential, business, commercial, and agricultural loans C.Business, commercial, and agricultural loans D.All credit other than government loans

Residential, business, commercial, and agricultural loans

A revised Loan Estimate may be provided if an applicant waits more than _____ after the creditor provides a Loan Estimate before indicating an intent to proceed.

10 biz days

According to the HPML Rule, which of the following transactions would require a second appraisal? A.A higher-priced mortgage loan that also meets qualified mortgage standards B.The purchase price is 10% higher than the seller’s acquisition price 100 days ago C.All higher-priced mortgage loans are required to have two appraisals D.The purchase price is 20% higher than the seller’s acquisition price 150 days ago

The answer is the purchase price is 20% higher than the seller’s acquisition price 150 days ago. According to the HPML Rule, a transaction will require a second appraisal if the purchase involves a possible case of “loan flipping.” This is true when the consumer’s purchase price is 10% more than the seller’s acquisition price (if the seller acquired the property 90 or fewer days ago) or 20% more than the seller’s acquisition price (if the seller acquired the property 91 to 180 days ago).

How many total hours of ethics are required, at minimum, for continuing education?

Two

HOEPA is federal legislation enacted by Congress through amendments to:

TILA

An originator uses a contracted processor who charges $500 per file. The fee disclosed to the borrower for processing is $800, a difference of $300 which the originator keeps for himself. This is: A.A unilateral markup, which is legal, but may be a violation of RESPA’s prohibition against unearned fees B.A violation of RESPA’s prohibition against fee-splitting C.Permitted only as long as receipts are kept from the processor for five years D.A violation of ECOA

.A unilateral markup, which is legal, but may be a violation of RESPA’s prohibition against unearned fees

As a result of the Housing and Economic Recovery Act of 2008, Congress created the _____ for oversight of the GSEs.

FHFA (Federal Housing Finance Agency)

Which of the following correctly describes entities that have obligations under the Fair Credit Reporting Act? A.CRAs, Experian, and FHA B.FHFA, CRAs, and furnishers of information to CRAs C.CRAs, furnishers of information to CRAs, and users of consumer reports D.Users of consumer reports and lenders regulated by RESPA and TILA

CRAs, furnishers of information to CRAs, and users of consumer reports

The max seller concession that a borrower may receive on a conventional loan when making a 20% down payment is:

A due-on-sale clause requires: A.That the loan be paid off if the property is sold B.That all moneys be transferred at closing C.That consummation take place within 30 days of the date on which the borrower receives the Loan Estimate D.That the seller address any issues arising from the home inspection prior to closing

That the loan be paid off if the property is sold

An originator’s unique identifier must be shown on all but which of the following documents? A.Business signage B.Mortgage loan applications C.Advertisements D.Business cards

Business signage

Under ECOA, when is a notice concerning the right to obtain a copy of the appraisal due to a consumer?

Within three business days of loan application

The Comparisons table on the Loan Estimate provides all of the following information, except: A.The amount of loan costs paid in the first five years of the loan term B.The amount paid for private mortgage insurance before the LTV ratio reaches 78% C.The amount of principal paid in the first five years of the loan term D.The amount of total interest paid over the loan term

The amount paid for private mortgage insurance before the LTV ratio reaches 78%

Underwriting of non-qualified mortgages must compute periodic payments that: Include consideration of periodic rate caps Do not take periodic rate caps into consideration Do not take lifetime rate caps into consideration Include consideration of the value of the dwelling as a borrower asset

Do not take periodic rate caps into consideration

A state is conducting an examination of mortgage loan originator Basil Thyme. During the examination, the agency is authorized to do all of the following, except: A.Administer oaths or affirmations B.Control access to Basil’s office C.Subpoena witnesses D.Require production of relevant documents

Control access to Basil's office

An ARM that allows a borrower the opportunity to convert the loan to a fixed rate has a:

Conversion Option

An independent contractor is required to: A.Become state-licensed as a loan originator B.Pay a registration fee to the NMLS to be included in the state fund C.Complete six additional hours of education annually D.Originate loans within the limitations of the requisite surety bond

Become state-licensed as a loan originator

Which of the following is a limit on the amount that the interest rate can change, up or down, on any adjustment date? A.Initial rate cap B.Periodic rate cap C.Lifetime rate cap D.Payment cap

Periodic Rate cap

Which legislation sets the disclosure requirements for the Affiliated Business Arrangement Disclosure?

RESPA

The GLB Act gives loan applicants the ability to opt out of the sharing of their nonpublic personal information with:

Nonaffiliates of the creditor

Which of the following documents connects the promissory note to the collateral? A.Note B.Commitment letter C.Mortgage D.Broker agreement

Mortgage

Marketing campaigns for the solicitation of credit are covered by the provisions of:

TILA

Annual PMI is determined by multiplying: A.The loan amount and the interest rate B.The mortgage insurance rate and the number of months in a year C.The interest rate and the number of months in a year D.The loan amount and the mortgage insurance rate

The loan amount and the mortgage insurance rate

Servicers are required to respond to a _____ from a borrower within five days.

Qualified written request

Frank Stein is a loan originator for a county housing finance agency whose function is to help meet the affordable housing needs of the residents of the state. Is Frank required to be licensed under the S.A.F.E. Act? A.He is not required to be licensed if he is registered B.Yes, all loan originators must be licensed C.He must be licensed only if he represents he can and will perform the services of a mortgage loan originator D.No, he is exempt from the requirement to be licensed

The answer is no, he is exempt from the requirement to be licensed. A state is not required to license an individual who is an employee of a federal, state, or local government agency or housing finance agency who acts as a loan originator in the course of his/her employment.

The Loan Estimate must be provided at least how many days prior to consummation?

7 biz days

Qualifying ratios consist of which two separate calculations?

Housing expense ratio and total debt ratio

Government monitoring information regarding applicant demographics is found where?

1003

A balloon mortgage that includes a conditional refinance provision allows the borrower to: A.Request that the loan be refinanced and converted to a 30-year fixed-rate loan B.Rescind the transaction if the loan becomes too expensive C.Request modification of the terms of the loan when it reaches maturity D.Refinance the loan if he or she is in default

Request modification of the terms of the loan when it reaches maturity

Title searches and title insurance: A.Are covered under the provisions of RESPA, but are not considered settlement services B.Are not covered under the provisions of RESPA but are considered settlement services C.Are covered under the provisions of RESPA and are considered settlement services D.Are not covered under the provisions of RESPA and are not considered settlement services

Are covered under the provisions of RESPA and are considered settlement services

What was the first law that Congress enacted to combat predatory lending?

HOEPA

Once a state licensing agency has provided private or confidential information to the NMLS, what is the status of the information? A.Privacy and confidentiality requirements continue to apply B.It becomes a matter of public record C.It remains confidential only if the state requests it D.States do not provide private or confidential information to the NMLS

Privacy and confidentiality requirements continue to apply

How often must a borrower renew owner’s title insurance?

Not needed

Conforming loan guidelines generally include DTI ratios of:

28/36

When a creditor revises a Loan Estimate, it must deliver the revised disclosure to the loan applicant:

4 biz days

After a cursory examination by the state, it is determined that Quick Dollar Mortgage Co., in all probability, is engaging in prohibited activities. To ensure that Quick Dollar’s files and records are not tampered with during the investigation, state examiners may do which of the following? A.Place all records in a separate location undisclosed to the licensee until the investigation is over B.Require that all records be transferred to the NMLS for review and safekeeping C.Take complete physical control of all records and prohibit the licensee from any access during the investigation D.Take possession of records or designate a specific person to control access

Take possession of records or designate a specific person to control access

Kelsey and Matt have just signed a contract to purchase a home for $360,000. Their mortgage loan is an HPML. Their creditor has discovered that the seller purchased the home four months earlier. The creditor will require a second appraisal if the seller’s purchase price was: $300,000 $310,000 $320,000 $330,000

The answer is $300,000. For transactions involving an HPML (higher-priced mortgage loan), a second appraisal is required if the seller acquired the home 91 to 180 days prior to the consumer’s agreement to purchase it, and the price at which the consumer agreed to purchase the home is 20% more than the price paid by the seller. 20% of $300,000 is $60,000. $300,000 + $60,000 = $360,000.

Virtually every residential transaction involves an estate that is held in _____, the desired form of holding ownership to property because it has the fewest restrictions.

Fee simple

Which of the following fees is not included in the calculation of the finance charge for a mortgage? A.Origination fees charged by the creditor B.Charges for title work by an affiliate of the creditor C.Use of a closing attorney required by the creditor D.Fees charged by an unaffiliated appraiser

Fees charged by an unaffiliated appraiser

Jared is struggling to make payments on a high-cost mortgage. He returns to the mortgage lender that made the loan and applies for a loan modification. If the mortgage lender agrees to modify the loan, it may: A.Charge Jared the same fees that it would charge for a refinance B.Charge a loan origination fee C.Not charge any fees for the loan modification D.Not charge any fees for the loan modification if Jared is in default

Not charge any fees for the loan modification

In lien theory states, the _____ holds the title to the home securing a mortgage throughout the loan term

The borrower

Which of the following correctly demonstrates how to calculate the annual interest on a mortgage loan?

Interest rate × loan balance = annual interest

The Fair Housing Act prohibits discrimination based on: Handicap, familial status, sex, national origin, religion, color, race Race, color, religion, sex, age Race, sex, age, color, religion, handicap Race, sex, color, religion, age, familial status, handicap

Handicap, familial status, sex, national origin, religion, color, race

A mortgage lender regularly shares loan applicants’ nonpublic personal information with an underwriter who works as an independent contractor. What must the lender do to comply with the GLB Act? A.The lender must require the underwriter to contractually agree that it will only share the nonpublic personal information with affiliated companies B.The lender must provide an opt-out notice to its loan applicants, because the underwriter is a nonaffiliated service provider C.The lender must offer its loan applicants a choice of providers for underwriting services D.The lender must require the underwriter to contractually agree that it will only use the nonpublic personal information to perform the services requested

The lender must require the underwriter to contractually agree that it will only use the nonpublic personal information to perform the services requested

The Federal Home Loan Mortgage Corporation is also known as:

Freddie Mac

With regard to fiduciary duties in mortgage lending, the borrower is the _____, and the broker is the _____

Principal; agent

Which of the following describes a state where the lender holds legal title until the debt is paid? Lien theory Conveyance theory Due-on-sale clause Title theory

Title theory

Which of the following is responsible for determining whether to issue a license approval? The NMLS The Governor The Legislature The Commissioner

The Commish

Which of the following loans may include a prepayment penalty? An adjustable-rate qualified mortgage A fixed-rate qualified mortgage that is not a higher-priced mortgage loan An adjustable-rate qualified mortgage that is not a high-cost mortgage A fixed-rate qualified or non-qualified mortgage

A fixed-rate qualified mortgage that is not a higher-priced mortgage loan

In order to engage in the business of a loan originator, a loan processor who is working for a mortgage broker must: A.Secure a license as a loan originator B.Request the supervision of a licensed loan originator C.Secure new employment with a depository institution, such as a bank D.Learn how to perform a mortgage loan repayment analysis

Secure a license as a loan originator

Which of the following is a limit on the amount that the payment can change on any adjustment date from the current or previous payment amount on an ARM? Initial rate cap Payment cap Periodic rate cap Lifetime rate cap

Payment cap

The TRID Rule’s zero tolerance for variances between estimated and actual charges applies to which of the following fees? A.Fees paid to non-affiliated third-party settlement service providers chosen by the borrower and not included on the creditor’s recommended list of providers B.Fees paid for prepaid interest C.Fees paid to third-party providers of optional insurance products, such as credit life and credit disability insurance D.Fees paid to a creditor

Fees paid to a creditor

The Homeowners Protection Act is applicable to all but which of the following? A.Lenders B.Loan servicers C.Appraisers D.Mortgage insurance companies

Appraisers

Which of the following statements most accurately describes HOEPA’s prepayment penalty threshold for high-cost mortgages? A loan is a high-cost mortgage if it includes a prepayment penalty provision that is in effect for more than 36 months after consummation, and requires the prepayment penalties to exceed 2% of the amount prepaid A loan is a high-cost mortgage if it includes a prepayment penalty provision that is in effect for more than 36 months after consummation, or one that allows the prepayment penalties to exceed 2% of the amount prepaid A loan is a high-cost mortgage if it includes a prepayment penalty provision that is in effect for more than 24 months after consummation, or one that allows the prepayment penalties to exceed 2% of the amount prepaid A loan is a high-cost mortgage if it includes a prepayment penalty provision that is in effect for more than 24 months after consummation, and requires the prepayment penalties to exceed 3% of the amount prepaid

A loan is a high-cost mortgage if it includes a prepayment penalty provision that is in effect for more than 36 months after consummation, or one that allows the prepayment penalties to exceed 2% of the amount prepaid

Under the S.A.F.E. Act, a mortgage loan originator must submit to the NMLS:

Reports of condition

The obligation for mortgage brokers to serve as the agent or the fiduciary of borrowers is:

Imposed by state licensing laws in some states

The conclusive presumption of compliance applies to:

Prime loans that meet the qualified mortgage standards

In addition to any authority allowed under state law, a state licensing agency must have the authority to:

Conduct examinations and investigations

An advertisement placed by Buster Posey contains a trigger term. As required, Buster has also provided the required additional disclosures. These include all of the following, except the: Amount or percentage of the down payment Terms of repayment Annual percentage rate Amount of the finance charge

Amount of a Finance charge

In the practice of table funding, what is used to protect the lender against fraudulent activity? Rigorous income analysis Documentation of repayment ability Buy-back provisions Line of credit

Buy back provisions

Slim Tipton, a recent widower, has just refinanced his home, which he has been renting to his son ever since he moved into a beachfront condo two years prior. The purpose of this cash out refinance is to help his son, Tiny, start a printing business.. In this scenario, who receives copies of the Notice of the Right to Cancel?

The answer is Neither Slim nor Tiny receives a Notice of the Right to Cancel. TILA allows for a rescission period on the refinance of a borrower’s principal dwelling. Since Slim has been living in a condo as his primary residence for two years, the refinance of his previous home would be considered non-owner-occupied, which is not subject to the right of rescission.

The Derringers have rescinded their loan transaction, informing their lender of their decision by mail. They are entitled to a full refund within:

20 Days

Payments for non-qualified mortgages must be based on:

The fully-indexed rate

Attorney Mike Hammer has an arrangement with Godfrey Lending to fund all loans that Hammer negotiates on behalf of his clients. In exchange, Godfrey pays Hammer a finder’s fee. Under the S.A.F.E. Act:

The answer is Mike must be licensed as a loan originator. A licensed attorney is exempt from the requirement to be licensed as a mortgage loan originator if he offers or negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to his/her representation of the client, unless the attorney is compensated by a lender, mortgage broker, or other loan originator, or by any agent of the same.

Which of the following is a trigger term for advertisements for both open-end and closed-end mortgage loans? Finance charge Amount of down payment Period of repayment Number of payments

Finance charge

Mortgage loan originator Edna is planning an advertisement that indicates the number of payments required to pay off a specific loan. This statement is a: Prohibited statement Trigger term Permissible representation if it is accurate Hypothetical only

The answer is trigger term. A trigger term is any of the following specific credit terms: the amount or percentage of any down payment, except when the amount of the down payment is zero; the number of payments or period of repayment; the amount of any payment; and the amount of any finance charge.

The implementing regulations for the MAP Rule are known as:

Reg N

An ARM is beginning its adjustment period and has a margin of 3.00% set at the start of the loan. The current index value is 2.50%. The caps on this ARM are set to 2% and 5% for periodic and lifetime, respectively. What is the highest value the margin can reach during this initial adjustment? 5% 5.25% 3% 8%

The answer is 3%. A margin value will never change once set on a loan. Therefore, this margin is set at 3.00% and will remain at 3.00% during each and every adjustment

In addition to any authority allowed under state law, a state licensing agency must have the authority to: Approve licensing courses Conduct examinations and investigations Collect licensing and renewal fees Request enforcement action from the NMLS

Conduct examinations and investigations

The general acceptable front-end housing ratio for a USDA loan is:

29%

Which of the following statements accurately describes the scope of HOEPA? The provisions of HOEPA apply to first-lien loans where the home securing the loan is located in a neighborhood targeted by subprime lenders The provisions of HOEPA apply to first- and subordinate-lien transactions that are secured by a borrower’s principal residence The provisions of HOEPA apply to subordinate-lien loans when the home securing the loan is either owner occupied or non-owner occupied The provisions of HOEPA apply only to first-lien loans that are secured by a borrower’s principal residence

The provisions of HOEPA apply to first- and subordinate-lien transactions that are secured by a borrower’s principal residence

What type of lien takes priority? A tax lien The first mortgage The second mortgage A mechanic’s lien

Tax Lien