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AAG NMLS SAFE & UST
Chp 3 - Federal Financial Disclosure Laws
41
Real Estate & Planning
Professional
02/25/2014

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
Real Estate Settlement Procedures Act (RESPA) - Regulation X
Definition
  • became effective 6/20/75
  • HUD promulgated Regulation X, which is now implemented by the CFPB
Term
RESPA Section 6
Definition
protects homeowners against abuses in loan servicing
Term
RESPA Section 8
Definition
prohibits kickbacks, fee-splitting and unearned fees
Term
RESPA Section 9
Definition
states seller cannot require the use of particular title company
Term
RESPA Section 10
Definition
indentifies the amounts that can be charged to maintain escrow amounts
Term
mortgage servicer
Definition
is the company that collects monthly mortgage payments, pays taxes, insurance and other items as they come due, and notifies the borrower of late payments.
Term
escrow account
Definition
holds money (e.g. go purposes of paying taxes, hazard insurance andother charges related to the property) that some mortgage lenders collect every month along with a mortgage payment.
Term
GFE 0% TOLERANCE FEES
Definition
  • our origination charge
  • your credit or charge (points) for the specific interest rate chosen (after you lock in your interest rate)
  • your adjusted origination charges (after you lock in your interst rate)
  • transfer taxes
Term
GFE 10% Tolerance Fees
Definition
  • Required services that we select
  • title services and lender's title insurance (if we select them or you use companies we identified)
  • Owner's title insurance (if you use companies we identify)
  • required services that you can shor for (if you use companies we identify)
  • government recording charges
Term
GFE open tolerance fees
Definition
  • required services that you can show for (if you do not use companies we identify)
  • title services and lender's title insurance (if you do not use companies we identify)
  • owner's title insurance (if you do not use companies we identify)
  • initiall deposit for your escrow account
  • daily interest charges
  • homeowner's insurance
Term
PENCIL
Definition

Property address

Estimated value

Name

Credit/SSN

Income

Loan amount

Term

RESPA

Disclosure Name & Due Date

Definition
  • GFE - w/in 3 business days of application
  • Settlement Cost Information Booklet (Special Info Booklet) - w/in 3 days of application
  • Mortgage Servicing Disclosure Statement - w/in 3 days of application
  • HUD-1 - 1 day prior to closing
  • Initial Escrow Statement - w/in 45 days from closing
  • AFBA Disclosure - at time of referal
  • Servicing Transfer Statement - w/in 15 days prior to transfer
  • Annual Escrow Statement - annually
Term

TILA

Disclosure Name & Due Date

Definition
  • TIL - w/in 3 buss dys of application
  • CHARM booklet - w/in 3 buss dys of application
  • When Your Home Is On the Line - w/in 3 buss dys of application
  • Notice of Right to Rescind NORTC - at closing
Term

ECOA

Disclosure Name & Due Date

Definition
  • Notice of Action Taken - w/in 30 days of completed application
  • Notice of Adverse Action - w/in 30 days of completed application
  • Notice of Imcomplete Application - w/in 30 days of completed application
  • Notice of Right to Receive an Appraisal - at the time of adverse action
  • Disclosures for Government Monitoring - w/in 30 days of completed application
Term
Laws Requiring Financial Disclosures
Definition
  • Truth in Lending Act TILA - Regulation Z
  • Mortgage Disclosure Improvement Act MDIA
  • Home Ownership and Equity Protection Act HDMA - Regualtion C
  • Real Estate Settlement Procedures Act RESPA - Regulation X
  • Homeowners Protection Act HPA
  • Equal Credit Opportunity Act ECOA - Regulation B
Term
APR
Definition
cost of credit expresed as a percentage
Term
finance charge
Definition
cost of credit expressed as a dollar amount
Term
TIL - charges included in the finance charge
Definition
  • interest, time proce differential, and any amount payable under an add-on discount system of additional charges
  • service, transaction, activity, and carrying charges, including any charge imposed on a checking or other transaction account to the extent that the charge exceedds the charge forĀ a similar account withoug a credit feature
  • points, loan fees, assmption fees, finder fees and similar charges
Term
other date included for closed-end transactions
Definition
  • name of the lender/creditor
  • notice of right to receive an itemization of the amount financed, including the principal amount, all finance charges detailed and any discounts, points, fees, mortgage insurance premiums, etc that are financed
  • number, amount, and timing of payments scheduled to repay the obligation
  • new layment, late payment and prepayment provisions
  • description and identification of the security
  • whether the loan may be assumed by a subsequent buyer
  • notice that consumers may be able to refinance to a lower rate and corresponding monthly payment
  • payment summary table indicating initial interst rate and corresponding monthly payment
Term
APR Accuracy & Redisclosure
Definition
  • regular transactions (30 yr fixed) - 1/8% or 0.125
  • irregular transactions (anything else) - 1/4% or 0.25
Term
TIL - date in federal box
Definition
  • annual percentage rate
  • finance charge
  • amount financed
  • total of payments
Term

Mortgage Disclosure Improvement Act 3/7/3 Rule

MDIA

Definition
  • initial disclosure must be given (or placed in the mail) within 3 bussiness days or receipt of a completed application
  • the earliest a loan can close is on the 7th business day after disclosures are delivered/mailed
  • any corrected TIL disclosures must be received by the consumer at least 3 business days before the loan is closed
Term
Qualified Mortgage
Definition
must meet certain requirements that prohibits or limits the risky features that harmed consumer in the recent mortgage crisis
Term
Qualified Mortgage Rule Updates
Definition
  1. current income or assets
  2. current employment status
  3. borrower's credit history
  4. monthly payment for the mortgage
  5. borrower's monthly payments on other simultaneous mortgage loans
  6. monthly payments for other mortgage-related expenses (taxes, isurance)
  7. other debt of the borrower
  8. month debt payment, including the mortgage, compared to the borrower's monthly income
Term
Features of a Qualified Mortgage
Definition
  • no excess upfront points or fees
  • no toxic loan features
Term
Right of Rescission
Definition

(OWNER OCCUPIED)

  • HELOC
  • home improvement loans
  • refinances
  • home equity loan
Term
If a consumer chooses to exercise the right of rescission, the mortgage is void adn the creditor must return any money collected related to the loan within ______ calendar days
Definition
20
Term
NORTC
Definition
creditors must inform consumer of thier right to cancel by providing 2 COPIES of a NORTC
Term
Extended Right of Rescission Period
Definition
3 yrs
Term
Trigger Term
Definition
term used in advertising requiring additional disclosures
Term
Trigger Terms Requiring Disclosure
Definition
  • Amount of the down payment (20% down)
  • Amount of any payment (only $700 per month)
  • number of payments (only 360 payments)
  • period of repayment (30 yr financing)
  • amount of finance charge (1% finance charge)
Term
Clear and Consicuous Standard
Definition
same font and size
Term
Regulation Z (TILA) Prohibited Practices with Appraisals
Definition
  • implying to an appraiser that current or future retention of the appraiser depends on the amount at which the appraiser values a consumer's principal dwelling
  • excluding an appraiser from consideration for future engagement because the appraiser reports a value of a consumer's principal dwelling that does not meet or exceed a minimum threshold
  • telling an appraiser a minimum reported value of a consumer's principal dwelling that is needed to approve the loan
  • failing to compensate an appraiser because the appraiser foes not value a consumer's principal dwelling at or above a certain amount
  • conditioning an appraiser's compensation on a loan closing
Term
Homeowner's Protection Act (HPA) =
Definition
PMI (1st lien position only)
Term
HPA Exclusions
Definition
  • VA loans
  • FHA loans
  • loans with lender paid PMI, although these loans do require an upfront desclosure to the borrower
Term
Borrower cancellation of PMI
Definition
  • once LTV is at 80% or less
  • good payment history
  • not taken out other loans on property
  • not experienced a decline in value of home
Term
Automatic Cancellation of PMI
Definition
the lender will automatically cancel PMI once the mortgage has been paid down to 78% of the original value
Term
LTV formula
Definition

L

_______________________

value or sales price

(the lessor of the two)

Term
CLTV formula
Definition

1st + 2nd

_________________________

value or sales price

(the lessor of the two)

Term

Automatic PMI Cancellation - High Risk Loans

Conforming

Definition
at the midpoint of the loan's initial amortization schedule
Term

Automatic PMI Cancellation - High Risk Loans

Nonconforming Loans

Definition
when first scheduled to reach 77% if the original value of the property securing the loan
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