NMLS Questions and Answers Latest
Updated 2022 Graded A
Acceleration Clause ✔✔Allows lenders to demand payment in full if the borrower defaults on the
loan (can be construed as predatory lending)
Alienation Clause (D
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NMLS Questions and Answers Latest
Updated 2022 Graded A
Acceleration Clause ✔✔Allows lenders to demand payment in full if the borrower defaults on the
loan (can be construed as predatory lending)
Alienation Clause (Due on Sale Clause) ✔✔Says you must repay your mortgage if you sell your
home to a new owner (loan is not assumable)
Appraiser Independance Requirements replaced HVCC ✔✔home valuation code of conduct
Due on Demand Clause ✔✔(Considered a predatory practice) The lender can demand repayment
of the loan in full at anytime for any reason
HOEPA ✔✔Home Ownership and Equity Protection Act (Reg Z Sec 32) Amends TILA
Nonrecourse Agreement ✔✔Loan agreement under which the collateral securing a loan is the
unltimate source of repayment, and the lender cannot hold the borrower personably liable in the
event of default. Lender can seize (and sell) the collateral but cannot seize non-pledged asset or
property.
ReConveyance ✔✔Method in which a lein is removed from a property when payment is made in
full.
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ✔✔Purpose is to promote
the financial stability of US by improving accountability and transparency in the financial system.
Created the Consumer Financial Protection Bureau. Changed MLO compensation rulesHousing and Economic Recovery Act (HERA) of 2008 ✔✔Signed by GW Bush. Est. national
minimum standards for mortgage training, including prelicensing and annual continuing
education. Also, under the SAFE Act, all MLO's must beither state-licensed or federally registered.
SAFE Act - Secure and Fair Enforcement for Mortgage Licensing Act: part of HERA of 2008
✔✔Requires all states to implement a MLO licensing process that meets standards through the
Nationwide Mortgage Lending System & Registry (NMLS) In CA that compliance act is called
SB - 36.
SAFE Act Objectives ✔✔*Provide uniform license applications and reporting requirements
*Provide licensing database
*Improve flow of info to and between regulators
*Provide increased accountability and tracking of MLO's
*Streamline the licensing process
*Enhance consumer protection and support anti-fraud measures
*Provide consumers info about MLO's
*Require MLO's to act in "the best interest of the client"
*Facilitate responsible behavior in the subprime mkt
*Facilitate the collection and disbursement of consumer complaints
NMLS ✔✔Started in 2004 by the Conference of State Bank Supervisors (CSBS) and the American
Assoc. of Residential Mortgage Regulators (AARMR) They wrote model legislation reviewed by
HUD for states to follow
Mortgage Loan Originator Definition ✔✔Someone who for compensation or gain or expectation
thereof: takes a residential mortgage loan application or offers or negotiates terms of a residential
mortgage loan
Independent Contractor ✔✔May not engage in residential mortgage loan activities as a loan
processor or underwriter unless state licensedUnique Identifier ✔✔*Required by the SAFE Act for all state licensed MLO's or federally
registered MLO's employed by a depository institution regulated by a federal banking agency or
regulated by the Farm Credit Admin.
*Required on all mktg materials, applications, required disclosures & business cards
FINRA Financial Industry Regulatory Authority ✔✔Built and maintains the online NMLS system
RESPA (X) Real Estate Settlement Procedures Act 0f 1974 ✔✔*Enforced by HUD
*Intended to help consumers become better shoppers for settlement services and eliminate
unnecessary increases in the costs of certain settlement services
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