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NMLS Mortgage Loan Origination (SAFE MLO) Exam Sample Questions (Q76-Q81):
NEW QUESTION # 76
Which of the following documents is required to be issued to a customer when a mortgage loan originator is also a real estate broker on the same transaction?
- A. Special information booklet
- B. Appraisal disclosure
- C. Affiliated business arrangement
- D. Loan application
Answer: C
Explanation:
When a mortgage loan originator (MLO) is also acting as a real estate broker in the same transaction, an Affiliated Business Arrangement (ABA) Disclosure is required under RESPA. This disclosure ensures that the borrower is made aware of the relationship between the parties involved in the transaction and any potential conflict of interest, especially if the MLO could benefit financially from both roles.
* Loan application (A), appraisal disclosure (B), and the special information booklet (C) are separate required disclosures, but they do not address the issue of affiliated businesses.
References:
* RESPA (Real Estate Settlement Procedures Act), Section 8
* CFPB Guidelines on affiliated business arrangements
NEW QUESTION # 77
Which of the following statements is permissible in an advertisement?
- A. "Close a mortgage loan with us within the next 60 days and when interest rates drop, we will refinance your loan at a lower rate guaranteed."
- B. "Looking for a VA loan? We are endorsed by and affiliated with the VA administration."
- C. "Take out a reverse mortgage loan with us, and you can stay in your home as long as you want and never make a payment."
- D. "Current interest rates as low as 3.50% with an APR of 3.99%. Contact us today!"
Answer: D
Explanation:
The statement "Current interest rates as low as 3.50% with an APR of 3.99%. Contact us today!" is permissible under TILA and Regulation Z, provided it accurately reflects the current rates and corresponding Annual Percentage Rate (APR).
* Regulation Z requires that if an advertisement states an interest rate, it must also disclose the APR to ensure consumers understand the true cost of the loan, including fees and other finance charges.
* The other statements are prohibited due to potential misrepresentation:
* B (affiliation with the VA) could be misleading unless it is an actual endorsement, which is rare.
* C (no payments with a reverse mortgage) could mislead consumers about the conditions of a reverse mortgage.
* D (guaranteed refinancing) could be misleading as future refinancing depends on market conditions and the borrower's qualifications.
References:
* Truth in Lending Act (TILA)
* Regulation Z Advertising Rules
NEW QUESTION # 78
Under which of the following programs is a creditor required to provide disclosures to the consumer that fully describe each of the creditor's variable-rate loan programs in which the consumer expresses an interest?
- A. Fixed
- B. FHA
- C. Construction
- D. ARM
Answer: D
Explanation:
Under Regulation Z, which implements the Truth in Lending Act (TILA), creditors offering Adjustable- Rate Mortgages (ARM) are required to provide disclosures that fully describe each variable-rate loan program in which the consumer expresses interest. These disclosures must explain:
* How the interest rate and payment could change over time
* The frequency of rate changes
* The index used to determine the rate
* Potential caps and limits on rate increases
These disclosures ensure transparency and protect consumers from unexpected payment shocks.
Other loan types:
* FHA loans (B) follow fixed or ARM terms, but the requirement for variable-rate disclosure is specific to ARMs.
* Fixed-rate loans (C) don't have variable rates, so they don't require such detailed disclosures.
* Construction loans (D) may involve different terms but aren't subject to this particular requirement.
References:
* Truth in Lending Act (TILA), specifically for Adjustable-Rate Mortgages
* 12 CFR Part 1026, Regulation Z
NEW QUESTION # 79
Which of the following applicant characteristics is legally permitted to be considered in evaluating credit risk?
- A. Whether the alimony payments the applicant relies on for income are likely to continue and to be consistently made
- B. Whether the applicant's age makes them ineligible for credit-related insurance
- C. Whether the applicant seems likely to have children
- D. Whether the applicant has a phone number listing in their name
Answer: A
Explanation:
When evaluating credit risk, lenders are legally permitted to consider whether alimony payments that the applicant relies on for income are likely to continue and be consistently made. Lenders need to assess the reliability of income sources, and documented alimony that is expected to continue is a valid consideration under ECOA (Equal Credit Opportunity Act) guidelines.
* Factors like the applicant's likelihood of having children (A), phone listing (B), and age (C) are not permissible criteria for evaluating creditworthiness under ECOA, as these would constitute discrimination.
References:
* Equal Credit Opportunity Act (ECOA), 15 U.S.C. §1691
* CFPB ECOA Guidelines
NEW QUESTION # 80
Consumer complaints and the analysis of complaints play a vital role in identifying weaknesses in elements of a company's:
- A. compliance management, senior management and branch locations.
- B. hiring procedures and training.
- C. secondary marketing practices of selling loans to investors.
- D. compliance management training and internal controls
Answer: D
Explanation:
Consumer complaints and their analysis are critical for identifying weaknesses in a company's compliance management system (CMS) and internal controls. The CFPB (Consumer Financial Protection Bureau) emphasizes that analyzing complaints helps companies spot patterns of non-compliance, risks, or failures in managing regulatory requirements. By reviewing consumer feedback, businesses can identify gaps in their compliance practices, including weaknesses in training programs and internal systems, that may lead to violations of laws like RESPA, TILA, and ECOA.
* Complaints may reveal issues with loan disclosures, error resolution, unfair lending practices, or lack of training in regulatory updates.
* Regular analysis helps reinforce internal controls and improve compliance processes.
References:
* CFPB Compliance Management Review Guidelines
* TILA and RESPA regulations on consumer protection
NEW QUESTION # 81
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