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NMLS Mortgage Loan Origination (SAFE MLO) Exam Sample Questions (Q218-Q223):
NEW QUESTION # 218
Which of the following federal laws requires disclosures intended to prevent lenders or mortgage loan originators (MLOs) from increasing fees during the origination process?
- A. Real Estate Settlement Procedures Act (RESPA1)
- B. Truth in Lending Act (TILA)
- C. Home Mortgage Disclosure Act (HMDA)
- D. Equal Credit Opportunity Act (ECOA)
Answer: A
Explanation:
The Real Estate Settlement Procedures Act (RESPA) requires disclosures intended to prevent lenders and mortgage loan originators (MLOs) from increasing fees during the loan origination process. RESPA mandates the disclosure of estimated fees through the Loan Estimate (LE) and ensures that fees do not change substantially from the Loan Estimate to the final Closing Disclosure (CD) unless specific conditions justify the changes. This protects borrowers from "fee increases" during the settlement process.
* While TILA (A) deals with disclosure of loan terms and APR, RESPA (D) focuses specifically on fees and closing costs during origination.
References:
* RESPA (Real Estate Settlement Procedures Act), 12 USC §2601
* CFPB RESPA Guidelines on fee tolerances
NEW QUESTION # 219
Which of the following responses best defines a red flag?
- A. Proof that specific activity shows identity theft
- B. Reasonably foreseeable risk taken by borrowers to prevent identity theft
- C. A pattern, practice or specific activity that indicates the possible existence of identity theft
- D. Effective oversight by lenders to prevent borrower identity theft
Answer: C
Explanation:
A red flag is a pattern, practice, or specific activity that indicates the possible existence of identity theft. The Red Flags Rule requires financial institutions and creditors to develop and implement programs to detect, prevent, and mitigate identity theft.
"Red flags are patterns, practices, or specific activities that indicate the possible existence of identity theft."
- FTC, Red Flags Rule: Identity Theft Prevention Program
References:
FTC, Red Flags Rule
SAFE MLO National Test Study Guide
NEW QUESTION # 220
Which of the following events will cause a mortgage loan originator's (MLO's) temporary authority to cease in a given state?
- A. The MLO was terminated by his previous employer.
- B. A week has elapsed between when the MLO's federal registration expired and sponsorship by a new employer.
- C. The state does not grant temporary authority to transitioning MLOs.
- D. Another state denies the MLO's license application.
Answer: C
Explanation:
Temporary authority allows certain MLOs to originate loans while their license application is pending.
However, this authority only exists if the state participates and grants temporary authority. If a state does not grant temporary authority to transitioning MLOs, the individual cannot legally originate loans in that state under temporary authority.
"Temporary authority to operate applies only in states that have adopted the provisions of the SAFE Act regarding temporary authority. If a state does not grant temporary authority, the MLO cannot operate under it."
- SAFE Act, 12 U.S.C. § 5117; NMLS Guidance
Other events listed do not directly cause the loss of temporary authority unless dictated by state law.
References:
SAFE Act, 12 U.S.C. § 5117
NMLS, Temporary Authority to Operate FAQs
NEW QUESTION # 221
A borrower has been approved for a new home loan and has completed all necessary paperwork. When should the borrower receive the Closing Disclosure?
- A. 1 business day prior to consummation
- B. 4 business days prior lo consummation
- C. 3 business days prior to consummation
- D. On the day of consummation
Answer: C
Explanation:
According to the TILA-RESPA Integrated Disclosure (TRID) rule, the borrower must receive the Closing Disclosure (CD) at least 3 business days prior to loan consummation. This waiting period gives the borrower adequate time to review the final terms and costs associated with the mortgage loan. If there are significant changes to the terms of the loan after the CD is issued, a new 3-day waiting period may be required.
References:
* TILA-RESPA Integrated Disclosure Rule (TRID), 12 CFR §1026.19(f)
* CFPB Closing Disclosure Guidelines
NEW QUESTION # 222
Which of the following advertising statements is permissible?
- A. "30-year variable rate mortgages starting at ____"
- B. "5% for 10 years, then one balloon payment"
- C. "5% 30-year fixed with no closing costs"
- D. "30-year fixed mortgage for a 5% APR with approved credit"
Answer: D
Explanation:
The Truth in Lending Act (TILA) Regulation Z requires that advertisements for mortgage credit products that state a rate or terms must be clear and not misleading. Phrases like "with approved credit" are permissible when a specific APR is disclosed and required terms are provided. However, "no closing costs" or "variable rate starting at ___" are considered potentially misleading if not all relevant terms are disclosed.
"If an advertisement states a rate of finance charge, it must state the rate as an annual percentage rate (APR)...
Disclosures must not be misleading. Stating 'with approved credit' in connection with an APR is permissible."
- 12 CFR § 1026.24, Regulation Z
References:
CFPB, Advertising Requirements
SAFE MLO National Test Study Guide
NEW QUESTION # 223
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