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NMLS Mortgage Loan Origination (SAFE MLO) Exam Sample Questions (Q24-Q29):
NEW QUESTION # 24
Which of the following lender payments is prohibited according to Real Estate Settlement Procedures Act (RESPA)?
- A. A payment to its own employees for lender referral activities
- B. A payment to a real estate agent for loan referral activities
- C. A payment to the lender's duly appointed agent or contractor for services actually performed in the origination, processing or funding of a loan
- D. A payment to an attorney for services actually rendered
Answer: B
Explanation:
Under RESPA (Real Estate Settlement Procedures Act), Section 8 prohibits any payment, kickback, or unearned fee in exchange for loan referrals. This includes payments to real estate agents or other third parties for referring business to lenders or mortgage brokers. Such payments are illegal because they could inflate the cost of settlement services and are not tied to any actual services rendered.
* Payments for actual services (A, D), such as payments to attorneys or contractors for legitimate work, are allowed under RESPA, but paying for loan referrals (B) is strictly prohibited.
References:
* RESPA (Real Estate Settlement Procedures Act), Section 8
* CFPB RESPA Guidance
NEW QUESTION # 25
Which of the following settlement costs is considered a prepaid item?
- A. Real estate taxes
- B. Recording fee
- C. Title insurance
- D. Closing fee
Answer: A
Explanation:
Prepaid items are costs that a borrower pays in advance at closing, such as interest, property taxes, and homeowners insurance. These are often collected to set up escrow accounts for future payments. Real estate taxes paid at closing are a classic example of a prepaid item.
"Prepaid items are charges that are paid in advance at closing for items such as interest, property taxes, and insurance premiums."
- CFPB, Your Home Loan Toolkit
References:
CFPB, What are prepaid items?
NEW QUESTION # 26
The TILA-RESPA Integrated Disclosure rule (TRID) applies to most closed-end consumer credit transactions secured by real property, which includes:
- A. reverse mortgages.B home equity lines of credit (HELOCs;
- B. loans secured by a mobile home on a leased lot.
- C. refinance of a condominium property.
Answer: B
Explanation:
The TILA-RESPA Integrated Disclosure (TRID) rule applies to most closed-end consumer credit transactions secured by real property, including the refinance of a condominium property. TRID mandates specific disclosures, like the Loan Estimate (LE) and Closing Disclosure (CD), to ensure transparency in the loan process.
* TRID does not apply to reverse mortgages (A) or home equity lines of credit (HELOCs) (B), which are covered by other regulations.
* Loans secured by a mobile home on a leased lot (D) are also generally excluded from TRID.
References:
TILA-RESPA Integrated Disclosure Rule (TRID)
CFPB Guidelines on TRID applicability
NEW QUESTION # 27
A borrower works at Company XYZ and was recently approved for a cash-out refinance of her primary residence. The closing is scheduled for Friday. On Monday of closing week, the mortgage loan originator (MLO) sees on the local news that XYZ is closing and the employees have been let go. Which of the following actions, if any, should the MLO take?
- A. Recommend that the borrower attend homeownership counseling
- B. Tell the borrower not to say anything at closing
- C. Nothing, as the loan has already been approved
- D. Notify the underwriter regarding possible change of borrower's employment status
Answer: D
Explanation:
If the mortgage loan originator (MLO) becomes aware of a potential change in the borrower's employment status, such as the company closing and the borrower being laid off, the MLO must notify the underwriter.
The borrower's ability to repay the loan could be impacted by the job loss, and failing to update the underwriter would be a violation of proper lending practices.
* Ignoring the information or withholding it (Options A and B) could lead to loan default and is unethical.
* Homeownership counseling (C) is beneficial but not relevant to the immediate concern of loan approval and repayment ability.
References:
* TILA and Ability-to-Repay Rule (ATR)
* Fannie Mae Guidelines for employment verification
NEW QUESTION # 28
Within how many days must a creditor notify an applicant of action taken on a completed mortgage loan application?
- A. 45 days
- B. 30 days
- C. 60 days
- D. 15 days
Answer: B
Explanation:
Under the Equal Credit Opportunity Act (ECOA), creditors must notify applicants of action taken (approval, denial, or other) within 30 days of receiving a completed application.
"A creditor shall notify an applicant of action taken within 30 days after receiving a completed application concerning the creditor's approval of, counteroffer to, or adverse action on the application."
- 12 CFR § 1002.9(a)(1), Regulation B (ECOA)
References:
CFPB, Notification Requirements
SAFE MLO National Test Study Guide
NEW QUESTION # 29
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