Primary Mortgage Market - ANSWER Where credit institutions originate loans
C. The maximum the rate can increase over the life of the loan - ANSWER When an ARM has rate caps of 5/2/6, the 6 refers to what?
A. The maxi
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Primary Mortgage Market - ANSWER Where credit institutions originate loans
C. The maximum the rate can increase over the life of the loan - ANSWER When an ARM has rate caps of 5/2/6, the 6 refers to what?
A. The maximum rate increase at the initial adjustment
B. The start rate for the loan
C. The maximum the rate can increase over the life of the loan
D. The rate maximum the rate can decrease over the life of the loan
B. The borrower qualified at the buydown rate - ANSWER When utilizing a temporary buydown to lower the interest rate on a FHA loan, which of the following are correct
A. The borrower qualified at the note rate
B. The borrower qualified at the buydown rate
C. The rate cannot be more than 2% below the note rate
D. Seller or builder can pay the discount points to buydown the rate
A. Age - ANSWER All of the following are violations of the Fair Housing Act EXCEPT
A. Age
B. National Origin
C. Disability
D.Religion
Encrumbrance - ANSWER Claim against property held by one who is not the legal owner
Trigger Term - ANSWER Advertised term that requires additional disclosures
Advertising Disclosure - ANSWER An advertisement must be presented "clearly and conspicuously" to keep from being deceptive, unfair, or otherwise violate a Commission rule
Waving Right of Rescission - ANSWER Extenuating circumstances such as "bona fide personal financial emergency
Right of Rescission - ANSWER Right that borrowers have to cancel a loan or line of credit with a lender within three days of closing
Business Day - ANSWER When creditors office is open to the public, a calendar working day except Sunday or a federal holiday
Application - ANSWER Financial information used for purposes of obtaining an extension of credit
Disclosure - ANSWER The act of making new information known
FTC
Federal Trade Commission - ANSWER Mission is to promote consumer protection and eliminate and prevent anticompetitive business practices
CFPB
Consumer Financial Protection Bureau - ANSWER Regulatory agency charged with overseeing financial products and services offered to consumers
TILA
Truth in Lending Act - ANSWER Enacted 1968 promotes the informed use of consumer credit by requiring disclosures about terms and costs and standardizes the manner in which costs with borrowing are calculated and disclosed
Per Diem Interest - ANSWER Interest charged on a loan for one or more days
Annual Interest Rate Formula - ANSWER Principal (X) Interest Rate = Annual Interest Rate
Interest Only Mortgage - ANSWER Mortgage where the mortgagor is only required to pay off the interest that arises from the principal that is borrowed for a set period
Permanent Buydown - ANSWER Borrower chooses to pay additional "discount points" to buy down the interest rate for the life of the mortgage note
2/1 Buydown - ANSWER Used on fixed rate loans over two years
Set of two initial temporary-start interest rates that increase in stair-step fashion until a permanent interest rate is reached
Discount Point - ANSWER A form of pre-paid interest which effectively increases the yield on the loan above the amount of the stated interest rate
CLTV
Combined Loan to Value - ANSWER An amount in addition to the Loan to Value, which simply represents the first position mortgage or loan as a percentage of the property's value
LTV
Loan to Value - ANSWER Ratio of a loan to the value of an asset purchased
PITI - ANSWER Principal, Interest, Taxes, Insurance
Refers to the components of a mortgage payment
DIF - ANSWER Housing to Debt
Ratio that measures an individual's ability to manage monthly payment and repay debts
Forbearance - ANSWER Agreement between the lender and the borrower to delay foreclosure
Loan Modification - ANSWER A permanent restructuring of the mortgage where one or more of the terms of a borrower's loan are changed to provide a more affordable payment
Foreclosure - ANSWER Legal process to collect debt on mortgaged property
Satisfaction of Mortgage Letter - ANSWER Document generated and signed by a mortgage lender, acknowledging that the borrower has paid off the mortgage loan in full and the mortgage is not a lien on the property
Subordination Agreement - ANSWER When two mortgages are on a property, this specifies which mortgage takes precedence
Payoff Statement - ANSWER Provides homeowner proof the mortgage is paid off
Constructive Note - ANSWER Legal presumption that anything recorded in a public record can be known by anyone
Actual Note - ANSWER Direct knowledge that one has of the property
Inquiry Note - ANSWER Information that should compel a reasonable person to make further inquiries about some aspect of the property
Title Record - ANSWER Serves as a central repository of information about a parcel of land
SRP
Service Release Premiums - ANSWER Payment received by lender after selling a loan Based on market value
GNMA
Government National Mortgage Association - ANSWER Created in 1968, goal to expand affordable housing under HUD
FNMA
Federal National Mortgage Association - ANSWER Created 1968 works with Fannie Mae to increase affordable lending
FHA
Federal Housing Administration - ANSWER Insures banks real estate loans and charges borrowers a small premium
HELOC
Home Equity Line of Credit - ANSWER A loan in which the lender agrees to lend a maximum amount within an agreed period
and is also an open-ended mortgage transaction that is secured
HECM
Home Equity Conversion Mortgage - ANSWER A FHA insured reverse mortgage that allows the conversion of equity in a home to cash
Balloon Mortgage - ANSWER A mortgage in which a large portion of the borrowed principal is repaid in a single payment at the end of the loan period and does not amortize
ARM Interest Rate Adjustment - ANSWER Margin + Interset = Rate
COFI
Cost of Fund Index - ANSWER Regional average of interest expenses incurred by financial institutions which in turn is used as a base for calculating variable rate loans
ARM
Adjustable Rate Mortgage - ANSWER Loan that is lower than fixed rate in beginning
Loan payment changes over time
Adjustable caps that vary
Used to obtain a higher loan amount
Fixed Rate - ANSWER Interest rate that remains the same over the life of the loan
Non-Conforming Loan - ANSWER Does not meet Freddie Mac or Fannie Mae guidelines
Conforming Loan - ANSWER Conforms to terms and conditions set by government
Conventional Loan - ANSWER Not guaranteed or insured by the government but can still follow federal guidelines
Acceleration Clause - ANSWER Accelerated loan repayment if property is in default
Exculpatory Clause - ANSWER Relieves one party form liability due to actions of another party
Defeasance Clause - ANSWER Creditor can obtain title without foreclosure process
Late Payement Penalty - ANSWER When fees are attached to late payment
Pre-Payment Penalty - ANSWER Fixed sum added to loan if loan is paid off early
Contract of Deed - ANSWER Complete financing and sales contract agreed upon by seller and seller with no note attached
Note - ANSWER Promise to repay debt
Mortgage - ANSWER Pledge of collateral to secure a loan
Reconveyance - ANSWER A document issued by a mortgage holder indicating that the borrower is released from the mortgage debt and transfers the property title from the lender
Conveyance - ANSWER The act of transferring an ownership interest in real property from one party to another
Mortgage Lock-In-Rate - ANSWER A guarantee a lender will deliver a specific combination of interest rate and points if the mortgage closes by a specified date
Approval letter - ANSWER A document that states the loan amount a lender is willing to make a borrower
Pre-Qualification Letter - ANSWER Estimate of loan amount a borrower can get with limited financial information
Commitment Letter - ANSWER Indicates a borrower has passed lenders underwriting guidelines and that they are willing to offer the borrower a home loan
Mortgage Approval Letter - ANSWER Letter subject to property specified for a loan and dependent on an appraisal
AUS
Automated Underwriting System - ANSWER A computer generated loan underwriting decision, using completed loan application information
Capacity - ANSWER A borrowers income assets
Credit - ANSWER The ability of a borrower to obtain goods or services before payment, based on the trust that payment will be made in the future
Collateral - ANSWER Property a borrower can provide as security for a loan
Income Verification - ANSWER Provides verification a borrower has the means for repayment of debt
Infile Credit Report - ANSWER One national credit bureau report
Tri-Credit Report - ANSWER All three credit bureau reports
Factual Data Credit Report - ANSWER two or three credit bureau reports
Credit Bureau - ANSWER Clearinghouse that exchanges information with credit grantors about a borrowers bill paying habits and history
1004 Market Conditions Addendum - ANSWER Designed to enhance the transparency of the market trends, conditions and conclusions made by the appraiser
Appraisal Approaches - ANSWER Sales Comparison/Market Data
Cost
Income
Appraisal - ANSWER Estimate of a properties value
FNMA
Fannie Mae Loan Application - ANSWER A 1003 document requires originator to provide unique loan originator identifier provided by NMLS phone number, company ID and company address
Ways to obtain a Loan Application - ANSWER Face to Face
Internet
Mail/Fax
Telephone
Loan Application - ANSWER Basis for entire loan package
A legal document
FEMA
Federal Emergency Management Agency - ANSWER Coordinates the response to a disaster that has occurred in the United States
NFIA
National Flood Insurance Act - ANSWER In acted 1968 after hurricane Betsy
NFIP
National Flood Insurance Program - ANSWER Made flood insurance available for first time
part of NFIA
FDPA - ANSWER In 1973 this made the purchase of flood insurance mandatory for the protection of property located in special flood hazard areas
Title Insurance - ANSWER Used to protect agents, two types
Owners- insures title is free of defects
Lenders-benefit purchaser if loan is sold
PMI
Private Mortgage Insurance - ANSWER Protects lenders if borrower stops making payments borrower pays until 20% of loan value is paid
Forced Place Insurance - ANSWER Insurance policy placed by lender on a home when the property owners own insurance is cancelled
New Construction Loan - ANSWER Finances the cost of a new construction
Pays while being constructed, then new loan taken out
Requires Freddie Mac form 442
Requires Fannie Mae form 1004D
Power of Sale - ANSWER Grants lender the ability to secure full legal title to property
Trust - ANSWER Right of property to be held for the benefit of another
Truster - ANSWER Person who grants the right to trust
Trustee - ANSWER Holds the property of a trust
Specific Lien - ANSWER Debts tied to single property
Highest priority lien holder has first rights to collect
First in time, first in line
Involuntary Lien - ANSWER Lien imposed upon the owner of real property
Voluntary Lien - ANSWER Mortgage owner willingly entered into an agreement of lien against their property
Lien - ANSWER An interest or encumbrance held by a creditor in a debtee's real or personal property
Secondary Mortgage Market - ANSWER Where originated loans are sold to warehouse lenders
Origination fee is charged to warehouse lenders
Oral Rate Disclosures - ANSWER When a borrower orally asks about a credit plan lender must state the APR
TILA Document Retention 1026.25 - ANSWER Creditor must retain the Escrow Closing Notice and the Partial Payment Disclosure, both of which are new disclosures, for two years
TILA Document Retention 1026.25 - ANSWER Requires a creditor to maintain for three years records sufficient to evidence all compensation it pays to a loan originator
Regulation Z - ANSWER Most of the specific requirements imposed by TILA are found in
CHARM Booklet
Consumer Handbook On Adjustable-Rate Mortgages - ANSWER This is an informational booklet containing general information on Adjustable Rate Mortgages (ARM's) that is provided by the lender to the loan applicant at the time of application for certain adjustable mortgage loans
Dodd-Frank Act - ANSWER Promotes the financial stability of the United States
Passed in 2010
CFPB
Consumer Financial Protection Act
Title X Bureau - ANSWER Regulates consumer financial products
GAO
Government Accountability Office - ANSWER An agency of the U.S. government that monitors and audits government spending and operations
Title XIV, 14
Dodd-Frank - ANSWER Establishes minimum standards for all mortgage products Requires all originators to be properly qualified, registered and licensed
TILA
Regulation 129(c) - ANSWER This requires creditors to determine a consumer's ability to repay a "residential mortgage loan" and establishes new rules and prohibitions on prepayment penalties.
ATR
Ability to Repay
Regulation Z 1026.43(c) - ANSWER Determines whether the creditor makes a reasonable and good faith determination at or before. consummation that the consumer will have a reasonable ability to repay the loan according to its terms
FTCA
Federal Trade Commission Act - ANSWER Outlaws unfair methods of competition and outlaws unfair acts or practices that affect commerce
Safe Harbor Presumption - ANSWER A borrower is unable to challenge whether the lender met its "ability to repay" obligations
Rebuttable Presumption - ANSWER The borrower has the ability to raise a legal challenge but must overcome the legal presumption that the lender complied with this obligation
Average Prime Offer Rate - ANSWER Rate higher than a benchmark rate
TILA
Appraisal Regulations 129E - ANSWER Prohibits misuse of appraisals, influencing appraiser and withholding payment for an appraisal
HOEPA
Home Ownership and Equity Protection Act - ANSWER Enacted in 1994 as an amendment to the Truth in Lending Act (TILA) to address abusive practices in refinances and closed-end home equity loans with high interest rates or high fees
RESPA
Real Estate Settlement Procedures Act - ANSWER This was designed to protect potential homeowners and enable them to become more intelligent consumers. It requires that lenders provide greater amounts of information to prospective borrowers at certain points in the loan settlement process
Regulation X - ANSWER The Real Estate Settlement Procedures Act (RESPA), is covered under this regulation
2604 - ANSWER The Home Loan Toolkit is covered under this section of RESPA
GFE
Good Faith Estimate - ANSWER This document includes the breakdown of approximate payments due upon the closing of a mortgage loan
HUD-1
Uniform Settlement Statement
Section 2603 - ANSWER A standard form used to itemize services and fees charged to the borrower by the lender or broker when applying for a loan for the purpose of purchasing or refinancing real estate
HUD-1 - ANSWER The final disclosure of settlement costs provided to the borrower at closing
Mortgage Serving Disclosure Statement - ANSWER Discloses to the borrower whether the lender intends to service the loan or transfer it to another lender
Notices of Transfer of Loan Servicing - ANSWER Each transferor servicer and transferee servicer of any mortgage loan shall provide to the borrower a notice of transfer for any assignment, sale, or transfer of the servicing of the mortgage loan
1024.33 - ANSWER Section under RESPA for mortgage servicing transfers
Notice of Inquiry - ANSWER If any servicer of a federally related mortgage loan receives a qualified written request from the borrower for information relating to the servicing of such loan, the servicer shall provide a written response acknowledging receipt of the correspondence within 5 days
Kickback - ANSWER An illegal fee or rebate paid to someone in order to gain that person's decision or recommendation for the award of business
ABA
Affiliated Business Arrangement - ANSWER Under RESPA, an arrangement where a person refers mortgage-related business to a company in which the person "or an associate of such person" has an ownership interest of more than 1 percent in a provider of settlement services.
Associate - ANSWER A spouse, parent, or child of such person;
A corporation or business entity that controls, is controlled by, or is under common control with such person;
An employer, officer, director , partner, franchisor, or franchisee of such person; or
Anyone who has an agreement, arrangement, or understanding, with such person, the purpose or substantial effect of which is to enable the person in a position to refer settlement business to benefit financially from the referrals of such business.
CBA
Controlled Business Arrangement - ANSWER A real estate brokerage office that provides related services through subsidiary companies that operate within the brokerage office
Sham Business Arrangement - ANSWER A business arrangement set-up for the purpose of paying illegal kickbacks or referral fees
ECOA
Equal Credit Opportunity Act - ANSWER Enacted in 1974,makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction, on the basis of race, color, religion, national origin, sex, marital status, or age
HDMA
Home Mortgage Disclosure Act
Regulation C - ANSWER Federal law enacted in 1975 that requires certain financial institutions to provide mortgage data to the public. Grew out of a concern of credit shortages in urban areas
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