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質問 # 98
Which of the following scenarios describes a form of steering?
- A. A loan officer presents a consumer loan options from a particular lender for a higher level of compensation.
- B. A loan officer presents a consumer a loan with the terms a consumer requested that has higher fees than a product the loan officer is able to offer.
- C. A loan officer presents a consumer with loan options from multiple creditors with various fees.
- D. A loan officer presents a consumer with a loan that has the lowest total amount of fees.
正解：A
解説：
Steering occurs when a loan officer influences or directs a borrower towards a specific loan product or lender based on the compensation the loan officer will receive, rather than the borrower's best interests. In Option C
, the loan officer is steering the borrower to a loan from a particular lender to earn higher compensation, which is prohibited under the Dodd-Frank Act and TILA's Loan Originator Compensation Rule.
Other options:
* Option A describes offering a loan with higher fees, but it does not indicate that compensation is the motive, so it is not a clear example of steering.
* Option B and Option D describe fair loan presentation practices.
References:
* Dodd-Frank Act, Loan Originator Compensation Rule
* Truth in Lending Act (TILA), 12 CFR Part 1026
質問 # 99
Which of the following is a requirement for a mortgage loan originator (MLO) license?
- A. Completed at least 10 hours of pre-licensing education
- B. Have not had an MLO license revoked in the last five years
- C. Are covered by either a net worth or surety bond or pay into a state fund as required by the state loan originator's supervisory authority
- D. Have never been convicted of a felony in a domestic, foreign or military court
正解：C
解説：
One of the requirements for obtaining an MLO (Mortgage Loan Originator) license under the SAFE Act is that the MLO must be covered by a net worth requirement, surety bond, or must pay into a state fund. This requirement ensures that MLOs have adequate financial backing to protect consumers and the public in the event of legal or financial disputes.
* A (10 hours of pre-licensing education) is incorrect because the requirement is at least 20 hours of pre-licensing education.
* B (license revoked) and C (conviction) are not fully accurate as they do not align with the exact licensing rules under the SAFE Act.
References:
* SAFE Act, 12 USC §5101
* NMLS Licensing Guidelines
質問 # 100
A mortgage company is permitted to verify which of the following information?
- A. Sex
- B. Childbearing intentions
- C. Employment status
- D. Religion
正解：C
解説：
Lenders are permitted to verify employment status as part of underwriting and evaluating an applicant's ability to repay. However, lenders are prohibited by ECOA and Fair Housing Act from making inquiries about sex, religion, or childbearing intentions.
"A creditor may request information regarding the applicant's employment status, income, and other credit qualifications, but may not inquire about an applicant's sex, religion, or childbearing intentions."
- 12 CFR § 1002.5(b); Regulation B (ECOA)
References:
CFPB, ECOA Inquiries Prohibited
SAFE MLO National Test Study Guide
質問 # 101
The purpose of a Suspicious Activity Report (SAR) is to report known or suspected violations or suspicious activity observed by financial institutions subject to the:
- A. Real Estate Settlement Procedures Act(RESPA).
- B. Truth in Lending Act (TILA).
- C. Bank Secrecy Act (BSA).
- D. Gramm-Leach-Bliley Act(GLBA).
正解：C
解説：
A Suspicious Activity Report (SAR) is filed by financial institutions to report known or suspected violations of law or suspicious financial activities. The requirement to file SARs falls under the Bank Secrecy Act (BSA), which is designed to prevent money laundering, fraud, and other financial crimes. SARs must be filed with FinCEN (Financial Crimes Enforcement Network) whenever suspicious transactions are detected.
* TILA (B), Gramm-Leach-Bliley Act (C), and RESPA (D) do not govern the filing of SARs.
References:
* Bank Secrecy Act (BSA), 31 USC §5311
* FinCEN Guidelines on SAR filing
質問 # 102
A consumer with HIV/AIDS is protected from lending discrimination by the:
- A. Fair Housing Act
- B. Employment Non-Discrimination Act
- C. Equality Act
- D. Dodd-Frank
正解：A
解説：
The Fair Housing Act prohibits discrimination in housing based on disability. Federal courts and HUD have consistently ruled that HIV/AIDS qualifies as a disability under the Act.
"The Fair Housing Act prohibits discrimination in housing based on disability, including HIV/AIDS."
- U.S. Department of Justice; HUD Fair Housing Act Overview
References:
HUD, Housing Discrimination and Persons with HIV/AIDS
DOJ, The Fair Housing Act
質問 # 103
Maximum available flood insurance structure coverage for a residential property from the National Flood Insurance Program is what amount?
- A. £500,000
- B. $750,000
- C. £250,000
- D. $1,000,000
正解：C
解説：
The maximum available flood insurance structure coverage for a residential property under the National Flood Insurance Program (NFIP) is £250,000. The NFIP is a federal program that provides flood insurance to property owners in participating communities.
* The £250,000 limit applies specifically to residential property structures. For contents coverage, the maximum is $100,000.
Higher coverage limits, such as $500,000 or $1,000,000, may be available through private insurers, but the NFIP itself caps coverage at $250,000 for structures.
References:
* National Flood Insurance Program (NFIP)
* FEMA Flood Insurance Manual
質問 # 104
Which of the following information must be included in advertisements?
- A. A statement of an unrealistic interest rate
- B. Mortgage loan originator contact information
- C. An NMLS unique identifier
- D. Estimated loan closing time frames
正解：C
解説：
The SAFE Act and Regulation Z require that all mortgage loan originator advertisements include the MLO's NMLS unique identifier. This ensures transparency and accountability.
"Any advertisement by a state-licensed mortgage loan originator must clearly show the unique identifier of the mortgage loan originator."
- SAFE Act, 12 U.S.C. § 5104(a)(2); 12 CFR § 1026.36(g)(1)
References:
SAFE Act, 12 U.S.C. § 5104
Regulation Z, 12 CFR § 1026.36(g)
質問 # 105
Prepaid charges include which of the following items?
- A. Per diem interest
- B. Credit report fee
- C. Conveyance tax
- D. Origination fee
正解：A
解説：
Prepaid charges refer to certain upfront costs paid at closing. These include:
* Per diem interest (D), which covers the interest from the closing date to the end of the month.
Other items like origination fees (A), credit report fees (B), and conveyance taxes (C) are not considered prepaid charges; they are typically categorized as closing costs or settlement fees.
References:
* Real Estate Settlement Procedures Act (RESPA)
* TILA-RESPA Integrated Disclosures (TRID)
質問 # 106
According to the TILA-RESPA Integrated Disclosure rule (TRID), changed circumstances that may result in a revised Loan Estimate include which of the following situations?
- A. Changes that the MLO should have known at the time the Loan Estimate was provided
- B. Market fluctuations on a locked loan
- C. A natural disaster in the area where the loan will close
- D. The borrower receiving a salary increase
正解：C
解説：
Under TRID, a revised Loan Estimate (LE) can be issued if there is a changed circumstance that affects the loan terms or costs. This can include situations such as a natural disaster in the area where the loan will close, which may impact the value of the property or loan costs. Such changes are considered beyond the control of the parties involved and justify a revised estimate.
* Market fluctuations (A) on a locked loan and borrower salary increases (B) are not valid reasons for issuing a revised LE.
* Changes that the MLO should have known at the time of the original LE (D) do not qualify as a valid changed circumstance.
References:
* TRID Rule, 12 CFR §1026.19(e)
* CFPB Guidelines on changed circumstances for Loan Estimates
質問 # 107
Under which of the following conditions, if any, is a mortgage lender permitted to charge a fee for the preparation of a Closing Disclosure?
- A. The lender has an affiliated business arrangement with the escrow agent.
- B. The lender is not allowed to charge a fee for the preparation of the Closing Disclosure.
- C. The borrower requests that the Closing Disclosure be prepared before the scheduled closing.
- D. The borrower requests additional copies of the Closing Disclosure after the closing.
正解：B
解説：
According to Regulation Z (TILA-RESPA Integrated Disclosure Rule, or TRID), lenders and settlement agents are not allowed to charge a fee for the preparation or delivery of the Closing Disclosure. This applies regardless of when or how many times the Closing Disclosure is provided.
"A creditor or other person may not charge any fee for the preparation or delivery of the disclosures required under this section (Closing Disclosure)."
- 12 CFR § 1026.19(f)(5)(i)
References:
CFPB, TILA-RESPA Integrated Disclosure Rule Small Entity Compliance Guide
12 CFR § 1026.19(f)(5)(i)
質問 # 108
A mortgage loan originator is not required to provide an applicant with an initial Loan Estimate within the three business day period requirement if the applicant does which of the following?
- A. Signs a Truth in Lending statement
- B. Has not selected a loan program
- C. Withdraws the application within three business days
- D. Waives the right to receive a Loan Estimate
正解：C
解説：
If an applicant withdraws the application or the loan is denied by the creditor within three business days of receiving the application, the creditor is not required to provide a Loan Estimate.
"If the creditor determines within the three-business-day period that the application will not or cannot be approved on the terms requested, and notifies the applicant, a Loan Estimate is not required."
- 12 CFR § 1026.19(e)(1)(iii)
References:
CFPB, TILA-RESPA Integrated Disclosure Rule Guide
12 CFR § 1026.19(e)(1)(iii)
質問 # 109
The loan-to-value ratio for an FHA loan is calculated by dividing the loan amount by:
- A. the purchase price, plus the mortgage insurance for FHA loans.
- B. the appraised value of the property.
- C. the lesser of the purchase price or appraised value.
- D. the purchase price of the property.
正解：C
解説：
For an FHA loan, the loan-to-value (LTV) ratio is calculated by dividing the loan amount by the lesser of the purchase price or appraised value of the property. This ensures that the loan amount is based on the lower of the two figures, protecting the lender from over-lending on a property that may not appraise at the agreed purchase price.
* This method is consistent with FHA guidelines, ensuring that the loan is adequately secured by the property's value.
References:
* FHA Single Family Housing Policy Handbook
* HUD Guidelines for FHA LTV calculations
質問 # 110
According to the Equal Credit Opportunity Act (ECOA), when evaluating a loan applicant's credit worthiness, a creditor is permitted to decline a loan based on which of the following factors?
- A. An applicant has exercised his right under the Consumer Credit Protection Act
- B. An applicant's income is derived from public assistance
- C. An applicant's verified income after underwriting
- D. A description of an applicant's race
正解：C
解説：
Under ECOA, a creditor may decline a loan based on an applicant's inability to repay, as demonstrated by verified income and other underwriting criteria. It is illegal to consider race, receipt of public assistance, or exercise of consumer rights as a basis for denial.
"A creditor may consider verified income in evaluating creditworthiness. Discrimination based on race, public assistance, or exercise of rights under the Consumer Credit Protection Act is prohibited."
- 12 CFR § 1002.6, Regulation B (ECOA)
References:
CFPB, ECOA Credit Evaluation
SAFE MLO National Test Study Guide
質問 # 111
If an applicant provides a waiver for the requirement to receive their appraisal three business days prior to a loan's consummation and the transaction ends up not closing at all, a creditor must still provide a copy of the appraisal no later than how many days after the creditor determines consummation will not occur?
- A. 60 days
- B. 10 days
- C. 30 days
- D. 45 days
正解：C
解説：
According to ECOA (Equal Credit Opportunity Act) and Regulation B, if a borrower waives the right to receive their appraisal three business days before consummation, and the transaction does not close, the creditor must still provide a copy of the appraisal within 30 days of determining that the loan will not consummate.
* This ensures that borrowers still receive essential documentation, even if the loan fails to close.
References:
* ECOA (Equal Credit Opportunity Act), 12 CFR §1002.14(a)(1)
* CFPB Guidelines on appraisal delivery timelines
質問 # 112
The SAFE Act mandates that state regulatory authorities must have legal mechanisms to impose civil money penalties for which of the following activities?
- A. Paying or receiving referral fees
- B. Acting as a mortgage loan originator without a valid license or registration
- C. Discriminating against applicants based on their race
- D. Charging fees in excess of allowable tolerances
正解：B
解説：
The SAFE Act requires states to have systems in place to sanction individuals who act as mortgage loan originators without a valid license or registration. This includes the ability to impose civil money penalties.
"Each state must have... the authority to impose civil money penalties... for failure to comply with licensing requirements, including acting as a mortgage loan originator without a valid license or registration."
- 12 USC § 5104; SAFE Act Section 1517
Other activities may be sanctionable under different laws (e.g., RESPA, ECOA), but the SAFE Act specifically addresses unlicensed activity.
References:
SAFE Act, Section 1517, 12 U.S.C. § 5116
NMLS Uniform State Content Outline
質問 # 113
A revised Closing Disclosure is not required to be provided before a loan consummation in which of the following circumstances?
- A. A change in loan product
- B. An addition of a prepayment penalty
- C. A change in APR
- D. An addition of an escrow account
正解：D
解説：
Under TRID (TILA-RESPA Integrated Disclosure rule), a revised Closing Disclosure must be provided at least three business days prior to consummation if there is a change in APR, loan product, or the addition of a prepayment penalty. Adding an escrow account does not trigger the three-day waiting period requirement.
"Only three types of changes require a new three-business-day waiting period: (1) a change in the APR, (2) a change in the loan product, or (3) the addition of a prepayment penalty."
- CFPB, TILA-RESPA Integrated Disclosure Rule Small Entity Compliance Guide References:
CFPB, TILA-RESPA Integrated Disclosure Rule Guide (see "Changes before consummation requiring a new waiting period")
質問 # 114
Which of the following actions do mortgage companies take to prevent falsified information by a borrower or mortgage loan originator (MLO)?
- A. Verify the income information by a settlement service provider
- B. Accept the documentation supplied by the borrower
- C. Verify information by third parties not involved in the transaction
- D. Accept the documentation supplied by both the borrower and the MLO
正解：C
解説：
To prevent fraud, mortgage companies are required to independently verify information provided in the loan application by contacting third parties not involved in the transaction (e.g., employers, financial institutions).
Relying solely on documents supplied by the borrower or MLO can lead to acceptance of falsified information.
"Verification of income, employment, and other borrower information must be obtained directly from third parties not involved in the transaction."
- Fannie Mae Selling Guide; SAFE MLO National Test Study Guide
References:
Fannie Mae, Verification of Employment and Income
質問 # 115
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