Federal Laws

The laws protect

Consumers and Principal Dwelling.

RESPA

Real Estate Settlement Procedures Act

RESPA was enacted in

1974.

Who regulates RESPA?

CFPB

The main purpose of RESPA was to ensure

greater and more timely information and costs of obtaining a residential mortgage loan and to protect against unnecessarily high settlement changes caused by certain abusive practices.

The residential real property to which RESPA applies must have been designed for how many families?

1 to 4

For RESPA to apply, the lender's deposits and accounts must be insured or regulated by

an agency of the federal government

RESPA does not apply to

A private individual lending their own money

RESPA Exemptions:

A: Agricultural (25 acres or more) B: Business (regardless of personal guarantee) C: Commercial T: Temporary Financing V: Vacant Land

RESPA is a ________ law.

disclosure

A good faith estimate, or loan estimate must be signed/mailed at application or within how many days?

3 business days.

11. What six (6) pieces of information trigger an application?

1. Borrower's Name
2. Property Address
3. Social Security Number
4. Borrower's Income
5. Loan Amount
6. Estimated Property Value
12. The Initial Servicing Disclosure needs to be made at application or within 3 business days.

If the loan is denied within the first three business days, a _________ goes out instead of the initial disclosures.

denial letter

The HUD-1/HUD-1A Settlement Statement is an

itemization of charges.

There are two types of escrow disclosures:

Initial and Annual.

An Escrow (Impound) account

collects and hold funds for taxes.

In an initial escrow account statement, everything is a charge except

aggregate accounting.

In regard to an annual escrow account statement, any overages of over ____ returned to borrowers.

$50

The nature of the relationship and the range of charges are

Affiliated Business Arrangement disclosures.

As long as there is no _______ and no ______ the credit provider require services be used for a specific attorney, credit provider, and appraiser.

ownership interest and referral fees paid,

Additional consumer protections title provider under ________ provide that sellers cannot require a specific title company.

Section Nine

You can give or receive _______ for a referral.

nothing of value

It is not acceptable to add to any _______fee.

third-party

__________is not sufficient to earn a fee.

Taking a loan application

___________ is an action brought by state or agency. Civil is an action brought by your neighbor or your company.

Administrative

___________is an action brought by the state or federal government.

Criminal

Penalties are up to ________and up to ________ in jail per regulation.

$10,000 one year

best practice

It is not the best practice to include anything in your holiday card.

ECOA

Equal Credit OpPportunity Act

The Purpose of _________is to promote the availability of credit to all creditworthy applicants without regard to race, color, religion, national origin, sex, marital status, or age.

Regulation B

You can _________about race, ethnicity or sex for monitoring purposes but not required to be answered by borrower or co-borrower.

inquire

A decision for Notice of Adverse Action Taken must be made within

30 days of application.

Federal agencies such as _______________may bring civil actions for suspected patterns.

CFPB, FTC, FDIC, NCUA, FRB, OCC, and HUD

___________with only people of a specific race, religion, or any other singular group can be seen as discouraging others not of that group.

Advertising

FHA

Fair Housing Act

Fair Housing Act protects against discrimination in

housing rental, sale, and appraising.

Under Fair Housing Act, you cannot discriminate on the basis of __________which is not covered by ECOA.

handicap or familial status,

___________are required by lenders and underwriters, not by the Act.

Disclosures

_______enforces the rules and can do so up to one year after the discrimination started.

HUD

Penalties can include

actual damages, punitive damages, and court costs.

TILA

Truth in Lending Act

TILA is now under the

CFPB.

The objective of the TILA is for consumers to be able to compare

credit terms from lender to lender.

An APR is the ______ plus the costs to get that interest rate.

interest rate

Exemptions to TILA:

Commercial-non owner occupied or 5 or more units.

Customers have the right to rescind on a

refinanced transaction.

A section___ loan is a higher cost and a section ____loan is a higher price.

32; 35

If a ________ is used in a commercial in any medium that promotes a credit transaction, all triggered terms must be disclosed.

triggering term

If the down payment is ______ no terms are triggered.

zero,

If the entity is open, it counts as a

business dav.

TILA disclosures have to be provided to the borrower within ________ after receipt of written application.

three (3) business days

________________are not required to be included in the APR.

Appraisal, credit, and title

____________is generally any fee that is paid to the broker and the lender.

Annual Percentage Rate

Rescission only applies to owner occupied residence of

1-4 units.

If a borrower rescinds,

all fees are refunded.

If the creditor fails to comply with TILA, the borrower's right to rescission extends to

three years.

In the TILA, Section 32 discusses ______ loans.

high cost

Exemptions to Section 32 loans are

Purchases, Reverse Mortgages, HELOC's, and Business Loans.

Every lender will look at every one of your loans and check to see if it exceeds above the going rate for the 1" mortgage, above the going rate for subordinate lien loans or in fees.

6.5% ;8.5%; 5% or $5.000

57. If a loan is subject to section 32 and you are able to find a lender to buy then your customer will have to sign a paper stating that they are aware that they can __________ because of the loan.

lose their home

loan secured by the consumer's_________ with an APR that exceeds the average prime off rate for a comparable transaction as of the date the interest rate is set.

principal dwelling

A person or organization that for compensation or other monetary gain performs loan origination activities is a

Loan Originator.

____________include taking an application, arranging credit transaction, offering credit terms, assisting in credit application, making extension of credit, and referring to a loan originator, and advertising to the public that you perform loan originatio

Loan origination activities

Salaries, commissions, any financial or similar incentive are ____________ of a Loan Originator.

compensation

Steering to a loan that provides greater compensation is prohibited unless

the loan is in the consumer's best interest.

compensation. Unless the Loan Originator originated less than or equal to 10 loans Compensation paid under plan may not exceed _____ of Loan Originator's total during preceding 12 months.

10%

__________ applies to all consumer-purpose, closed-end loans secured by a dwelling.

The ability to repay

________ can include an individual condominium unit, cooperative umit, mobile home, and trailer, if they are used as a residence.

Dwellings

The Ability to Repay requires creditors to make a reasonable and good faith determination _________ that the consumer will have a reasonable ability to repay the loan based on its terms.

at or before consummation terms.

Salary, wages, self-employment income, military or reserve duty income, and bonus pay can all be considered

income and assets.

You only need to consider the income or assets necessary to support a determination that the consumer has

the ability to repay the loan.

You must determine that the borrower's annual income divided equally across 12 months is sufficient for the borrower to make

monthly loan payments.

A creditor must verify the information that it relies on in determining a consumer's repayment ability using

reasonably reliable third-party records.

A creditor must retain evidence of compliance with Section 1026.43 for years _________ after consummation.

three

When the loan is a ________the court will treat an ATR case differently.

qualified mortgage,

Four types of Qualified Mortgages.

General, Temporary, Small Creditor, and Balloon-Payment

____ and _____qualified mortgages can be conducted by any size creditor.

General and Temporary

Under a general qualified mortgage, a creditor must determine that the consumer's total debt-to-income is no more than

43%.

The Qualified Mortgage creates two levels of liability protection for the creditor

Safe Harbor and Rebuttable Presumption.

A Qualified Mortgage loan cannot exceed the

points and cap fees.

Unless specified otherwise, include _______________even if the consumer pays them after consummation by rolling them into the loan amount.

amounts that are known at or before consummation,

A qualified mortgage is higher priced if it is a first lien, where at the time the interest rate on the loan was set, the APR was ____ points or more over the APOR.

1.5%

The closing date under the MDIA is on the _______ after initial disclosures and is the earliest a borrower can close.

7th business day

HMDA

Home Mortgage Disclosure Act

______ was implemented by Federal Reserve Board in 1975.

Regulation C

The objective of the HMDA is to

detect discriminatory lending and enforce antidiscrimination statuses.

Lenders must report statistics on loans made and

and the unique characteristics of those loans.

When detemining whether you meet the reporting criteria for depository institutions, use information and data from the preceding ______ date.

December 31

_______ defines questions you can ask and what questions you cannot ask.

HMDA

You should have a notice in ______ letting people know that you do HMDA reporting.

your lobby

The NCUA, OTS, HUD, OCC, FRS, FDIC, and the CFPB are all various

regulatory agencies.

FCRA

Fair Credit Reporting Act

The objective of the Fair Credit Reporting Act is to

assure fairness, relevancy, confidentiality. and accuracy.

Credit reporting agencies must delete

obsolete information.

The FCRA states that credit reporting agencies must removes credit after and bankruptcies after

7 years; 10 years.

Credit reporting agencies must block intormation resulting from

identity theft.

You must have a _________ to order someone's credit report.

borrower's authorization

The Commission chose the interval ____ as opposed to 30 days, to provide telemarketers the maximum time allowable under the Appropriations Act to simplify the process of scrubbing lists on a monthly basis.

31

Telephone numbers placed on the ________will remain on the list permanently.

National Do Not Call Registry

There are 3 basic types of compliance for email marketers:

unsubscribe, content, and sending behavior compliance.

Consumer operable unsubscribe requests are honored within

within 10 business days.

Email marketers to provide accurate "from" lines, relevant subject lines, a legitimate address of the publisher and/or advertiser, and

a label if the content is adult.

Under sending behavior compliance, a message cannot contain a

false header.

FACTA

Fair and Accurate Credit Transaction Act

______ was added to make sure that people are treated fairly regarding their credit reports and information about how they pay for their credit.

FACTA

_________ is the only FTC authorized site.

AnnualCreditRenort.com

AnnualCreditReport.com _______ affect your borrower's credit score.

does not

__________ is the primary enforcer for the mortgage brokers and now the CFPB

Federal Trade Commission

_________ was designed to protect consumer sensitive personal data, such as social security numbers, or financial account numbers.

The Red Flag Rule

___________created the Consumer Financial Protection Bureau. This bureau gave the CFPB authority to ensure consumers were given accurate information in order to shop for their mortgage.

The Dodd-Frank Act

tracks consumer complaints, consolidates and strengthens protections aimed at consumers.

The Consumer Financial Protection Bureau

The Dodd-Frank Act prohibits unfair _________ such as financial incentives to steer a borrower into a more costly loan, prepayment penalties, or inflating costs.

lending practices

MARS.

Mortgage Assistance Relief Services

Negotiating, obtaining, or arranging a modification of any term of a dwelling loan, including reduction in the amount of interest, principal balance, monthly payment, or fees; is just one of the services provided by

MARS.

_____________ requires U.S. financial institutions to assist U.S. govermment agencies to detect and prevent money laundering.

The Currency and Foreign Transactions Reporting Act

The Currency and Foreign Transactions Reporting Act can also be referred to as the

Bank Security Act.

GLBA

Gramm-Leach-Bliley Act

_______is also known as the financial modernization Act of 1999.

GLBA

________keeps borrowers information private.

Privacy Rule

Pretexting Rule

prohibits sharing of information with pretenders.

Opt-Out Rulc

gives the borrowers the opportunity to opt-out.

_________ can be hand delivered, mailed, emailed, faxed or to a number the borrower gives the MLO.

Privacy notices

Under GLBA, obtaining information under false pretenses is a _______ and can result in fines and up to 10 years in prison.

criminal penalty

MAP

Mortgage Acts and Practices

MAP was issued by the________ to implement requirements of the CARD Act and Dodd-Frank Act.

Consumer Financial Protection Bureau

The interest charged; APR; Amount of fees or costs; fees or costs for any additional product that may be sold; terms, amounts, payments, relating to taxes or insurance; any prepayment penalty; any teaser rates; are all

prohibited material representations.