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255 Cards in this Set

  • Front
  • Back

_______ is a written instrument using real property to secure repayment of debt

Mortgages

What created the Federal Reserve and established a federal charter for banks to make real estate loans?

The Federal Reserve Act or 1913

Who insures banks against losses for defaults on home loans?

FHA

Who created the FHA?

The National Housing Act of 1934

In 1938 what was the first secondary market to address the problem of uneven supply of money for mortgage loans

Fannie Mae

What market has lenders making mortgage loans directly to borrowers?

Primary Market

What was created to to moderate local real estate cycles, give lenders new money to lend again, and standardize loan criteria?

The secondary market

Who is the largest investor in residential mortgages?

Fannie Mae

Who is government owned and managed by HUD?

Ginnie Mae

Who guarantees payment of principle and interest on government insured loans?

Ginnie Mae

Who insures deposits and examines and supervises financial institution?

FDIC

Who charters, regulates, and supervises all National banks?

Office of Comptroller of Currency


OCC

Who is the legal and regulatory authority over the secondary mortgage markets, Fannie Mae, Freddie Mac, and the Federal Home Loans Banks?

Federal Housing Finance Agency

The Banking Act of 1933 created what?

FDIC

Jumbo loans are loans that do not meet the conforming loan limit guidelines set by _________ and _________

Fannie Mae and Freddie Mac

The FHA does not fund loans, the FHA provides ________ __________

Mortgage Insurance

Who is the largest insurer of mortgages in the world?

FHA

What was established by congress to improve the efficiency of markets and enhance the flow of credit to targeted sectors of the economy?

Government Sponsored Enterprizes

What are Thrifts?

Financial institutions that specialize in taking savings deposits and making mortgage loans

What is disintermediation?

Loss of deposits to competing investments

Do mortgage banking companies take deposits from customers like a regular bank?

No

What is a Service Release Premium?

A payment received by a lending institution, such as a bank or retail mortgage lender, on the sale of the right to service a closed mortgage loan

Who for a fee places loans with wholesale lenders, but does not service such loans?

Mortgage brokers

Who is a company, individual, or entity that originates, processes, underwrites, fund, and services mortgage loans?

Mortgage Bankers

What are cooperative financial institutions owned and controlled by their members in order to pool their deposits, receive better interest rates, and loan money to fellow members

Credit Unions

Who are organizations that specialize in making higher-risk loans at higher interest rates. Mainly second mortgages

Finance Companies

What are state or federal-chartered banks that are owned by depositors and operate for their benefit.

Mutual Savings Banks (Thrifts)

What is it called when financial institutions that make real estate loans keep and service those loans in-house as part of their investment portfolios, instead of selling on the secondary market

portfolio lending

What is made up of private investors or government agencies that buy and sell real estate mortgages

Secondary Market

What are debt obligations that represent claims to the cash flows from pools of mortgage loans

Mortgage-baked securities

What type of mortgage-backed securities carry the full faith and credit guarantee of the United States government

Ginnie Mae

What does Fannie Mae and Freddie Mac use to streamline and standardize the underwriting process

Automated Underwriting Systems (AUS)

What automated underwriting system does Fannie Mae use?

Desktop Underwriter (DU)

What automated underwriting system does Freddie Mac use?

Loan Prospector (LP)

Who are borrowers that have a poor credit history, lower income, previous bankruptcy, short employment history, and other less than ideal characteristics

Subprime borrowers

What type of loan has greater risk than prime, but less than subprime

Alt-A loan

Title X designated what?

Consumer Financial Protection Act

What are the 2 titles of Dodd-Frank Act that had the greatest impact

Title X Consumer Financial Protection Act


Title XIV Mortgage Reform an Anti-Predatory Lending Act

Title XIV designated what?

Mortgage Reform and Anti-Predatory Lending Act

Who oversees RESPA and TILA

Dodd-Frank Act


Title XIV


Mortgage Reform and Anti-Predatory Lending Act

Who enforces consumer financial protection laws

Consumer Financial Protection Bureau

The Consumer Financial Protection Bureau is within?

The Federal Reserve

RESPA Section 6: Protects _________

Homeowners against abuses in loan servicing

RESPA Section 8: Prohibits _________

Kickbacks, fee splitting, and unearned fees

RESPA Section 9: States ______

a seller cannot require the use of particular title company

RESPA Section 10: Identifies __________

the amounts that can be charged to maintain escrow accounts

Any service provided in connection with a prospective or actual settlement is a?

Settlement service

A company that collects monthly mortgage payments, pay taxes, insurance, and other items as they come due, and notifies the borrower of late payments is a

Mortgage servicer

What holds money that some mortgage lenders collect every month along with a mortgage payment

Escrow account

A loan that meets TILA definition of a "Higher-Priced" loan is required to have a lender-imposed escrow account for at least ______

60 months

Special information booklet


Good Faith Estimate


Mortgage Servicing Disclosure Statement


Affiliated Business Arrangement Disclosure (If required by lender)


Are all required ________

At or Within 3 business days of application

Affiliated Business Arrangement Disclosure


HUD-1 Settlement Statement (If borrower requests)


Are all required _______

Before settlement

Finalized HUD-1 Settlement Statement


Initial Escrow Statement


Are all required ______

At settlement

Annual Escrow Statement


Servicing Transfer Statement


Are all required ________

After statement

What explains unfair practices and gives a list of homeowner counseling organizations to each loan applicant?

HUD's Settlement Costs Booklet

What was created to help people borrowing money to better understand the nature and costs of real estate settlement services

Special Information Booklet

What provides a summary of the borrowers settlement charges in the mortgage transaction?

Good Faith Estimate

What provides information to the borrower regarding whether the lender intends to service the loan, sell, or transfer servicing of the loan

Mortgage Servicing Disclosure Statement

What is the continued maintenance of a mortgage loan, including accepting escrow payments and paying these charges when due

Servicing of a mortgage loan

The loan servicer must notify the borrower __ days before the effective date of a servicing transfer

15

An annual escrow statement must be delivered to borrowers by loan servicers __________

Once a year

What shows the borrower which charges:


-Can change before settlement


-Can change up to 10% before settlement


-Cannot change

Good Faith Estimate

How long is a revised GFE required to stay on file

3 years

What requires the disclosure of consumer credit costs expressed as a percentage?

TILA

RESPA requires disclosures to be expressed as a ______ amount

dollar

What is the total cost of financing a loan in percentage terms, as a relationship of the total finance charges to the total amount financed

APR

The note rate is

The interest rate on the promissory note

What is the cost of consumer credit as a dollar amount?

Finance charge

Seller points are not included in the _______ charge

finance charge

The earliest a loan may close is the _____th day after the initial disclosures are delivered or placed in the mail

7

3/7/3 Rule is?

-initial disclosure in 3 days of application


-the earliest a loan may be consummated is on the 7th day


-any correction must wait 3 days

Dodd-Frank says a qualified mortgages must meet certain requirements that prohibit __________

The risky features that harmed consumers

What is the total monthly debt divided by their total monthly gross income

debt-to-income ratio

A loan cannot be a qualified mortgage if the points and fees paid by the consumer exceed ____% of the total loan amount

3%

What is a loan where the balance is expected to be repaid by a specific date?

Closed-end loan

Who requires that private mortgage insurance (PMI) disclosures and notifications are provided?

Homeowners Protection Act (HPA)

HPA does not cover

Second home mortgages, VA, FHA loans

The borrower may cancel PMI when a mortgage has been paid down to ___% of the appraised value or purchase price

80%

PMI will be automatically cancelled when a mortgage has been paid down to ___% of the appraised value or purchase price

78%

What is regulation V

Fair Credit Reporting Act

What is a federal law dealing with the granting of credit, access to credit information, the rights of debtors, and the responsibilities of creditors?

Regulation V Fair Credit Reporting Act (FCRA)

What regulation gives the consumers the right to receive an adverse action notice, a copy of consumer credit, request their credit score, dispute inaccurate information, and limit prescreened offers?

Regulation V Fair Credit Reporting Act

What information must be given with an adverse action notice?

Name, address, and phone number of the agency

When can consumers get a free copy of their credit FILE under FCRA?

-If a credit report caused adverse action


-If a fraud alert was put on credit file


-If credit file has inaccurate info from fraud


-If the consumer is unemployed or on public assistance

All consumers are entitled to ___ free disclosure every ___ months upon request

1 free, 12 months

FCRA does not allow consumer reporting agencies from reporting negative credit information that is more than _____ years old

7

FCRA does not allow consumer reporting agencies from reporting bankruptcy information that is more than _____ years old

10

Who limits access to credit files?

Regulation V Fair Credit Reporting Act

What act is intended to help consumers fight the growing crime of identity theft?

Fair and Accurate Credit Transaction (FACTA)

What act allows the consumers to contact the credit bureaus and place a fraud alert?

Fair and Accurate Credit Transaction (FACTA)

What act requires businesses to take measures to responsibly secure and dispose of personal information found in a consumers credit report?

Fair and Accurate Credit Transaction (FACTA)

Red flag rules are under what act?

Fair and Accurate Credit Transaction (FACTA)

The Financial Services Modernization Act of 1999 is also known as

Gramm-Leach-Bliley Act

What protects and regulates the disclosures of consumers personal financial information?

Title V


Gram-Leach-Bliley

A consumer is

an individual a financial service, usually a one-time transaction

A customer is

a consumer with a continuing relationship with a financial institution

Under GLB Act, customers must receive a financial institution's privacy notice every ______ for as long as the customer relationship lasts. Consumers are entitled to receive a privacy notice only ____________

every year, only when they share their info

A written safeguard policy must include:

security to customer records


protect potential threats of records


protect against unauthorized access

What Act allows law enforcement to search telephone, email, medical, and financial records

USA Patriot Act

What Act requires Customer Identification Programs (CIP)?

USA Patriot Act

Who manages the National Do Not Call Registry?

Federal Trade Commission


FTC

The National Do Not Call list must be updated every ___ ____, and the INTERNAL national do not call list must be updated every ____ ____.

3 months


30 days

A telemarketer or seller may call a consumer with whom they have a established business relationship for up to ____ ____, even if the consumer is on the DNC list

18 months

If a consumer makes an inquiry, the company may call up to ____ _____

3 months

The Home Ownership and Equity Protection Act is an amendment of?
Truth in Lending Act
What establishes disclosure requirements and unfair practices in lending
Home Ownership and Equity Protection Act
A violation of HOEPA may enable a consumer to rescind the loan for up to ___ ____
3 years
The _____ enforces HOEPA on Non-depository lenders, and _________ enforces HOEPA for federally regulated depository institutions
FTC

CFPB

What will replace the GFE and initial TILA?
Loan Estimate Form
What will replace HUD-1 and final TILA?
Closing Disclosure Form
When must a list of home ownership counseling organizations be provided to a consumer?
Within 3 business days after they apply
According to HOEPA, what is a closed-end loan secured by a borrower's principal residence?
High Cost loan
A HOEPA loan is defined as an original mortgage when the APR exceeds the APOR Index by _____%, and second mortgage by _____%
6.5%

8.5%

A HOEPA loan is a loan where the borrower pays points and fees that exceeds ____%
5%
HOEPA does not regulate
construction loans or reverse mortgages
HOEPA disclosures must be given ____ days _____ to consummation
3 prior
What Act has rules on Higher Priced Loans?
TILA
A higher priced loan is a loan where the APR exceeds the average prime offer rate by:

____% for a first mortgage


____% for a first lien jumbo loan


____% for a subordinate mortgage lien

1.5%

2.5%


3.5%

A jumbo loan is a loan with the amount over $_________
$417,000
TILA requires the lender to determine the borrowers ability to repay using the largest possible payment for the first _____ years
5 years
Ability to repay does not apply to
loans 12 moths or less
Higher PRICED mortgage loans must have an escrow account for _____ years
5 years
If a seller increases the sale price by more than ___% in the first 90days or ___% in the first 6 months the creditor must obtain ____ written appraisals
10%

20%


2

What is influencing, advising, counseling, directing consumers to accept the terms offered by a particular creditor in order to receive greater compensation
Steering
What Act prohibits compensation based on any other term other than the loan amount
Dodd-Frank Act
Title V is the
SAFE Act
Prelicensing education 20hrs:



Federal law and regulation ___


Ethics ___


Nontraditional ___


Elective ___





3 federal

3 ethics


2 nontraditional


12 electives



Continuing education 8hrs:



Federal Law and regulation ___


Ethics ___


Nontraditional ___


Elective ___

3 federal2 ethics2 nontraditional1 elective
Title V

SAFE Act is under what Act?

Housing and Economic Recovery Act

HERA

3/1 ARM is a ________ loan that has ________ rate for 3 years then changes to ______
Hybrid loan

fixed


ARM

FHA does not have income limits to determine who is eligible for their loans, but they do have ________ _________ _________ that it will insure
maximum mortgage amount
Who issues regulations and establishes guidelines for approving lenders authorized to make FHA loans
HUD
Once a lending institution is approved to make FHA loans, they become a
FHA Direct Endorsement Lender
What are FHA's 4 Cs?
Credit - willingness to repay

Capacity - enough income to repay


Cash - assets to close


Collateral - value of home



Defaulted on student loans or any federal debt would NOT qualify for a _____ loan
FHA
What is a federal database of delinquent federal debtors that allows federal agencies to reduce the risk to federal loan and loan guarantee programs
Credit Alert Verification Reporting System

CAIVRS

If a borrower appears on the CAIVRS list they are ineligible for an FHA loan for ______ years
3
What uses:

-Credit score


-Monthly housing expense


-Number of monthly payments in reserve


-Loan-to-value ratio


-Loan term


to determine credit worthiness

Technology Open to Approved Lenders

TOTAL

What is the relationship of the borrowers total monthly housing expense to income, expressed as a percentage?
Housing Expense ratio
PITI stands for
Principle, interest, taxes, and insurance
The FHA housing expense ratio is ___%
31%
The FHA debt-to-income ratio is ___%
43%
What is the relationship of the borrowers total monthly debt obligations to income, expressed as a percentage?
Debt-to-income ratio
Property guidelines for FHA loans are
Eligibility - one to four family dwellings

Condition - free of health and safety hazards


Maximum Mortgage amount - loan ceiling and base


Occupancy - occupy within 60 days, stay for 1 year



What is the minimum down payment for a FHA loan with a credit score of 580 or more?
3.5%
What is the minimum down payment for a FHA loan with a credit score less than 580?
10%
No FHA loan is allowed to borrowers with a credit score lower than _____
500
The seller or third party may contribute up to ___% of the lesser of the sales price or appraised value
6%
The seller cannot contribute to the borrowers minimum _________
downpayment
Every dollar over the 6% limit from the seller must be subtracted from the _______ price
sales price
HUD regulations _________ prepayment penalties in FHA loans
prohibit
Mortgage Insurance Premium (MIP) is ________ for all FHA loans
required
Upfront Mortgage Insurance Premium (UFMIP) for FHA loan is ________%
1.75%
The MONTHLY Premium for Mortgage Insurance Premium on a 30-year loan with:

LTV 95% or less is _____%


LTV greater than 95% is ____%

1.30%

1.35%

The MONTHLY Premium for Mortgage Insurance Premium on a 15-year loan with:

LTV 90% or less is _____%


LTV greater than 90% is ____%

.45%

.70%

What are loans guaranteed by the federal government through the Veterans Benefits Administration?
VA loans
The VA rarely loan money directly, usually the veteran must borrower from a __________
VA Automatic Endorser
In order to get a VA loan, veterans must have a ______________
Certificate of Eligibilty
A veteran must file a _________ to get their Certificate of Eligibility
DD-214
The basic entitlement for VA loans is $_________
$36,000
The VA guaranties ___% of the purchase price
25%
VA loans must have a Debt to Income not exceeding ___%
41%
What is the amount of income remaining after subtracting taxes, housing expenses, and all recurring debts and obligations?
Residual Income
What is the maximum mortgage amount a veteran may have on a VA-guaranteed loan for that property?
Established Reasonable Value
On VA loans veterans must pay a non-refundable one-time ______________
variable funding fee
What is a Seller Concession, which cannot exceed 4%?
Anything of value added to the transaction by the builder or seller for which the buyer pays nothing additional and which the seller is not required to pay
Rural can be towns up to __________ people
20,000
What program makes loans if no local lender is available?
Section 502 loans
USDA mortgage insurance rates:

___% upfront fee


___% annual fee

2%

.40%

What is a fixed rate 30-year conventional loan that the payments increase regularly?
Growth Equity Mortgage
What is a loan that exceeds the maximum loan amount established by Fannie Mae and Freddie Mac?
Jumbo Loan
What are loans that hold borrowers with good credit to different documentation standards than traditional loans?
Alt-A
Like Alt-A, _______ loans are riskier than prime mortgages but not as risky as subprime
A-minus loans
What is one percent of the loan amount?
a Point
What are additional funds paid to a lender at the beginning of a loan to lower the note interest rate, therefore, the monthly payments
Discount Point
Typically, a borrower pays for a buydown by simply prepaying some interest at closing. Therefore, a buydown in the form of a discount points appears on a ______________ as a charge to the __________
Good Faith Estimate

Borrower

What is it called when points are paid to a lender to reduce the interest rate and loan payments for the entire life of the loan?
Permanent Buydown
What is it called when someone is depositing funds at closing with the lender that will be used to supplement the borrowers reduced monthly out-of-pocket payment
temporary buydown
FHA maximum contributions from Interested Party Contributions are:



LTV greater than 90% maximum _____%


LTV 75.01%-90% maximum ______%


LTV 75% or less maximum _____%

3%

6%


9%

The ______ is often referred to as the COST OF MONEY
index
What is determined and affected by market conditions?
The index
The ______ is referred to as a SPREAD
Margin
The index plus the margin equals the _______________
Fully indexed rate
The _______ is the length of time between payment adjustments with ARMs
mortgage payment adjustment period
When the initial rate is LESS than the fully indexed rate, it is considered _______________
discount rate
5/2/6 loan means the interest rate cannot increase more than:

5% ________


2% ________


6% ________



5% at the first adjustment

2% for the adjustment periods


6% total over the life of the loan

What is a ARM mortgage that gives the borrower the right to convert form an adjustable rate loan to a fixed rate loan?
Conversion option

Convertible loan

A Fannie Mae convertible ARM program may be converted between the ___th and ___th month for a small processing fee
13th

60th

A loan servicer must provide a borrower with an adjustable rate mortgage with at least _____ days notice before an interest change
60 days
What are mortgage products that allow borrowers to defer principal and sometimes interest? (Interagency Guidance on Nontraditional Mortgage Product Risks)
Nontraditional Mortgage Products
FHA's reverse mortgage program is __________
Home Equity Conversion Mortgage

HECM

The existing annual MIP rate of _____% will continue to be in effect for all HECM's
1.25%
For reverse mortgages there is ___ income requirement, the owner must be _____ years old, are ______ to maintain homeowner insurance, any debt on the home should be ________, must see a counselor _______ they are able to apply
No,

62 years old,


paid off,


before,

With a reverse mortgage the lender will allow up to ___ months for payment in the event of death
12 months
What is it called when a seller extends credit to a buyer to finance the purchase of the property?
Seller financing
What is a mortgage given by the buyer to the seller for the purchase of real estate
Purchase Money Mortgage
What is it called when one party agrees to take over payments of another party's debt, with terms of the note staying unchanged
Assumption
What is it called when a buyer makes payments to the seller in exchange for the right to occupy and use the property, but no deed is transferred until all payments are made
Land contracts
Under a land contract the seller is the ________ and holds the title to the property as security
Vendor
Under a land contract the buyer is the ______ and has the right to posses and enjoy the land, but is not the legal owner
vedee
What is a basic legal doctrine that prevents a person from asserting rights inconsistent with earlier actions or statements when he or she failed to object another persons action
Estoppel
What is it called when a seller leases the property to someone for a specific term, with an OPTION to buy the property at a predetermined price
Lease/Option
What is it called when a seller leases a property to someone for a specific term, with the tenant agreeing to buy the property at a set price following the lease term
Lease/Purchase
What is it called when you trade value in one property for value in another property
Equity exchange
Homebuyer assistance programs to subsidize interest rates, help with closing costs is covered under
Community Reinvestment Act
What are items on a settlement statement the seller has already paid?
Prepaid expenses
Whichever party is responsible for making the payment receives the ________; the other party receives the _______.
credit

debit

Conventional loans require a ___% down payment
5%
What is a combined total of all liens balances of a property, divided by the lesser of the sale price or appraised value
Combined Loan to Value

CLTV

Any monthly payment that has less than ____ payments left will not be counted in Total Debt to Income ratio
10
An interest buydown is always based off the __________ __________. Not the sale price or appraised value
loan amount
What is the total amount needed to purchase property, including down payment, loan amount, and any allowable buyer-paid closing costs
Acquisition cost
What are expenses incurred in the transfer of real estate in addition to the purchase price?
Closing cost
What is the sum of the current numerical value of the index value used and the margin, as defined in the note
Fully indexed rate
What regulation has Prohibited Representation?
Regulation N
What is a tactic of luring consumers in with promises of low rates and specific products, and then steering otherwise qualified buyers to other terms so that the mortgage loan originator can earn a higher fee
Bait and Switch
If the act will cause substantial monetary harm to consumer it is a _________ practice
unfair
If the act will misrepresent or mislead the consumer it is a ________ practice
deceptive
If the act takes advantage of the lack of understanding of the consumer it is a ________ pratice
abusive
What Act prohibits all racial discrimination in the sale of property
Civil Rights Act

1866

Which Act protects against discrimination based on:

Race, color, religion, sex, national origin, disability, familial status

Fair Housing Act
Age is a class protected by
Equal Credit Opportunity Act
What is trying to induce owners to sell their homes by suggesting that the ethnic or racial composition of the neighborhood is changing, with the implication that the property values will decline
Blockbusting
What is channeling prospective real estate buyers or tenants to particular neighborhoods based on their race, religion, or ethic background
Steering
What is a refusal to make loans - or making loans less favorable terms - on property located in a particular neighborhood for discriminatory reasons
Redlining
What slogan must be included in any broadcast advertisment
Equal Housing Lender
What must be posted in every branch where mortgage loans are made
Equal Housing Opportunity poster
What must be printed on all promotional material
Equal Housing Opportunity logo
People who have been discriminated against a violation of the Fair Housing Act may file a written complaint with ______ within __________
HUD

one year

What Act prohibits discriminating based off of:

Race, color, religion, national origin, age, sex, marital status, public assistance

Equal Credit Opportunity Act

ECOA

Regulation B is
Equal Credit Opportunity Act
What are interests in real estate of a deceased spouse given by law to the surviving partner
Dower or curtest rights
What Act requires to ask the borrower their ethnicity, race, and sex
Home Mortgage Disclosure Act

Regulation C

If an applicant refuses to furnish information on ethnicity, race, or sex what Act requires the interviewer to make a visual observation and surname when the application is made
Home Mortgage Disclosure Act

Regulation C

ECOA is enforced by
Consumer Financial Protection Bureau
Fraud for profit is perpetrated by __________, fraud for property is perpetrated by the __________
worker

Borrower

A loan made on non-existent properties is a
Air loan
What is it called when a signature on a deed is forged, the thief mortgages the property, and walks away with the csah
deed scam
What Act makes it a felony to falsify loan documents
Fraud Enforcement ad Recovery Act

FERA

The FBI uses what to track mortgage fraud
Suspicious Activity Reports

SARs

Fees greater that ___-___% may be considered higher than normal
4-5%
A mortgage servicer must respond to a payoff request within ____ days
7
A mortgage servicer is required to try to establish contact with the borrower no later than ____ days after missed mortgage payments
36
What requires financial institutions to disclose information that helps consumers make sound decisions when faced with foreclosures
Mortgage Assistance Relief Service

MARS

_________ requires service to be provided to mortgage assistance before payment is taken
MARS
_________ requires financial institutions to maintain certain financial records, but report transactions greater that $10,000
Bank Secrecy Act

BSA

Force-placed insurance is purchased by the ____________ when the borrower's insurance lapses
mortgage servicers
Who regulates money laundering
Bank Secrecy Act/Anti-money laundering
What is a document that gives notice of evidence of a debt
note
An agreement or clause in a security instrument that keeps a lien in a subordinate position is called a __________________
subordination clause
A ___________ is a note where interest only payments are made for a specific period of time and a balloon payment is required
straight note
What states that in the event an entire or partial interests are transferred by a borrower, the lender may call the entire balance of the loan due
Alienation Clause (Due on sale clause)
_____________ is pledging of security for a note or loan without giving up possession or use of the property (Land Contract)
Hypothecation
15 year loans poses less risk, therefore lenders charge ________ interest rates. Lender will have funds returned sooner
lower
The SAFE Act authorizes ________ to control the licensing process of the mortgage lending industy
states