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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
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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
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
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
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
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
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
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