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NMLS Safe Exam Pt 5

Licensing, Servicing, Special Loans & Exam Tips

QuestionAnswer
What law requires MLOs to be licensed or registered? The SAFE Act.
What is the NMLS? Nationwide Multistate Licensing System & Registry — tracks and manages MLO licensing.
Who needs to be licensed as an MLO? Anyone who takes applications and offers/negotiates loan terms for compensation (non-bank lenders).
Who is exempt from MLO licensing? Registered MLOs at depository institutions like banks or credit unions.
What is the difference between a state-licensed MLO and a registered MLO? State-licensed MLOs work for non-depository institutions and must meet state requirements; registered MLOs work for depository institutions and are only registered in NMLS.
What are the education requirements for new MLOs? 20-hour pre-licensure course (SAFE Comprehensive).
What are the annual continuing education (CE) requirements for MLOs? 8 hours of CE: 3 hours federal law, 2 hours ethics, 2 hours nontraditional lending, 1 hour elective.
What is the renewal deadline for MLO licenses? December 31st each year.
How often must an MLO submit a background check? Upon initial application and possibly during renewal.
What is required to maintain an active license? Continuing education, background checks, credit review, and license renewal.
What is temporary authority? Allows MLOs moving from a bank to a non-bank, or from one state to another, to originate loans while completing licensure.
How long does temporary authority last? Up to 120 days or until the state denies the application.
What is the benefit of using NMLS? Centralized system for tracking license status, education, disciplinary history, and more.
What is loan servicing? Collecting mortgage payments and managing escrow accounts after closing.
Who are mortgage servicers? Companies that manage day-to-day loan administration post-closing.
What must servicers provide annually? Escrow analysis and annual escrow account statements.
What is an escrow shortage? When there is not enough money in escrow to cover tax and insurance payments.
What is an escrow surplus? When there is more than needed in the escrow account.
What must happen if the escrow surplus is $50 or more? It must be refunded to the borrower within 30 days.
What is an Initial Escrow Disclosure? A statement showing expected escrow payments and disbursements.
When is the Initial Escrow Disclosure due? At closing or within 45 calendar days after.
What is the Annual Escrow Statement? A yearly report showing actual payments into and disbursements from the escrow account.
What is a payoff statement? A document showing the amount needed to pay off a mortgage in full.
What is a demand letter? A formal request for payment issued when a loan is in default.
What is the purpose of mortgage servicing rules under RESPA Section 6? To protect borrowers from servicing abuses and ensure timely information.
What government agency oversees FHA loans? HUD (U.S. Department of Housing and Urban Development).
What is the minimum down payment for an FHA loan? 3.5% with a credit score of 580 or higher.
What type of insurance does FHA require? Upfront Mortgage Insurance Premium (UFMIP) and Annual MIP.
How long must MIP be paid on FHA loans with less than 10% down? For the life of the loan.
What is the FHA loan limit based on? County median home prices (varies by location).
What is the purpose of an FHA 203(b) loan? Basic home purchase loan for 1–4 unit owner-occupied properties.
What is the purpose of an FHA 203(k) loan? For purchasing and rehabilitating a property.
Who guarantees VA loans? The U.S. Department of Veterans Affairs.
What is the maximum LTV on a VA loan? 100% (no down payment required).
What is the VA funding fee? A one-time fee to help sustain the VA program, varies by type of borrower and down payment.
Who is exempt from paying the VA funding fee? Veterans with service-connected disabilities and surviving spouses.
What is residual income in VA loans? The amount of net income left over after all debts and expenses — used to qualify borrowers.
What is the Certificate of Eligibility (COE)? Document proving a veteran’s eligibility for VA loan benefits.
What type of mortgage insurance is required on VA loans? None.
What is the max DTI for VA loans? There is no official cap, but 41% is the benchmark used by most lenders.
Who guarantees USDA loans? The U.S. Department of Agriculture (Rural Housing Service).
What is the max LTV on a USDA loan? 100% (no down payment required).
What are the two main types of USDA loans? USDA Guaranteed Loan and USDA Direct Loan.
What is the USDA Guarantee Fee? A one-time and annual fee required for the guaranteed loan program.
What is the primary eligibility requirement for a USDA loan? The property must be in a rural area and borrower income must be under area limits.
What is the Energy Efficient Mortgage (EEM)? A program allowing borrowers to finance energy-saving improvements into the loan.
What is a Reverse Mortgage? A loan for seniors 62+ that converts home equity into cash and is repaid when they move out, sell, or die.
What is the most common reverse mortgage program? FHA HECM (Home Equity Conversion Mortgage).
What is the purpose of the SAFE Exam UST component? To assess knowledge of state and federal laws that apply nationwide.
What is the best strategy for answering long SAFE exam questions? Eliminate clearly wrong answers, identify keywords, and choose the most compliant answer.
What is a Nontraditional Mortgage? Any mortgage other than a 30-year fixed-rate mortgage.
What is the purpose of nontraditional mortgage training in SAFE CE? To ensure MLOs understand the risks and complexities of products like ARMs, interest-only, etc.
What is the 1003? The Uniform Residential Loan Application.
Who created the 1003 application? Fannie Mae.
What is included in the 1003? Borrower information, income, assets, liabilities, property info, loan terms, declarations, and demographic data.
What is the 4506-C form used for? Authorizes lenders to obtain tax return transcripts from the IRS.
What is the purpose of the LE (Loan Estimate)? To help borrowers compare loan offers by showing terms and closing costs early.
What is the purpose of the CD (Closing Disclosure)? To confirm final loan details and closing costs.
What is the purpose of the ECOA notice on the 1003? Informs borrower of their rights and how discrimination is prohibited in lending.
What does Regulation B implement? The Equal Credit Opportunity Act (ECOA).
What is the purpose of the Patriot Act in mortgage lending? To prevent money laundering and verify borrower identity.
What is a CIP? Customer Identification Program — required under the Patriot Act.
What is a Suspicious Activity Report (SAR)? A report filed with FinCEN for potential money laundering or fraud.
When must a SAR be filed? Within 30 days of detecting suspicious activity.
What does FACTA regulate? Consumer rights around credit reporting and identity theft (Fair and Accurate Credit Transactions Act).
What is the purpose of the Red Flags Rule? To help detect and prevent identity theft.
What is the Gramm-Leach-Bliley Act (GLBA)? Law requiring protection of consumer personal financial information.
What is the Safeguards Rule? Requires companies to develop a written information security plan to protect consumer data.
What is a “trigger term” in advertising? Loan terms (e.g., payment amount, interest rate) that require additional TILA disclosures.
What must be included if a trigger term is used? APR, amount or percentage of down payment, terms of repayment.
What is the purpose of the MAP Rule? To prevent deceptive mortgage advertising.
What is considered deceptive under MAP Rule? Misleading statements about rates, terms, payments, or approval likelihood.
How long must advertising records be kept under MAP Rule? 2 years.
What is the E-Sign Act? Allows for the legal use of electronic records and signatures in transactions.
What must be obtained before using electronic disclosures? Borrower consent and proof they can access the disclosures.
What is the purpose of the Homeownership Counseling Disclosure? To inform borrowers of the availability and benefits of homeownership counseling.
When must the Homeownership Counseling Disclosure be provided? Within 3 business days of application (unless reverse mortgage or timeshare).
What is the Initial Servicing Disclosure Statement? Notifies the borrower whether loan servicing may be transferred.
When is the Initial Servicing Disclosure required? Within 3 business days of receiving an application.
What is the HUD-1 Settlement Statement? A detailed breakdown of costs for certain mortgage types (used before TRID, still used for reverse mortgages).
Which loans still use the HUD-1 and not the CD? Reverse mortgages, HELOCs, and manufactured home loans not under TRID.
What must be included in an Adverse Action Notice under ECOA? Reason for denial, lender contact info, and ECOA notice of rights.
When must an Adverse Action Notice be issued? Within 30 days of completed application if denied.
What is a Credit Score Disclosure Notice? A notice required by FCRA/FACTA when a credit score is used in a decision.
When must the Credit Score Disclosure be issued? As soon as a credit score influences a credit decision.
What is a Notice of Right to Receive Appraisal? Disclosure that borrower is entitled to receive a copy of appraisal report.
When must appraisal be provided? Promptly upon completion or no later than 3 business days before consummation.
What is a Bona Fide Offer? A legitimate offer of credit that complies with applicable lending rules.
What is a Lock-in Agreement? A written agreement between lender and borrower guaranteeing an interest rate for a certain period.
What is a float option? Allows rate to fluctuate with the market until it is locked.
How long is a LE good for without intent to proceed? 10 business days.
What happens if a borrower does not respond to a LE in 10 days? The lender is no longer bound by the estimate.
What are the three categories of TRID tolerances? Zero tolerance, 10% cumulative tolerance, and no tolerance limit.
What is a changed circumstance? A situation that allows for redisclosure of the LE (e.g., borrower request, new info, etc.).
Can an LE be revised after CD is issued? No, changes must be made with a revised CD.
What is the definition of “business day” for CD delivery? All calendar days except Sundays and federal holidays.
What is consummation? The point at which the borrower becomes legally obligated to the loan.
What is the final step in the loan process? Closing (or settlement).
What is a rescission period? A 3-day window to cancel a refinance on a primary residence.
Which transactions require rescission? Refinances of a primary residence (not purchases or investment properties).
What is a common test-taking tip for SAFE? Eliminate obviously wrong answers, flag tricky ones, and answer all questions before time expires.
Created by: jenniferhudson
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