A mortgage loan originator (MLO) received a salary of 1% per loan plus a bonus of $5,000 for closing the most loans in the office last year. In addition, he received a trip to Hawaii based on closing 100 or more transactions with an interest rate of 5% or higher. Is the MLO's compensation prohibited?
Correct Answer: D
Under Dodd-Frank Act regulations and Regulation Z (TILA), mortgage loan originators (MLOs) cannot be compensated based on the terms of the loan, such as interest rates, loan amount, or product type. This includes any financial incentives, like bonuses or rewards, tied to loan terms. In this case: * The trip to Hawaii was awarded based on closing loans with an interest rate of 5% or higher, which directly ties the MLO's compensation to a specific loan term (the interest rate). * This violates the Loan Originator Compensation Rule, which prohibits compensating MLOs based on the terms or conditions of a loan, in order to protect borrowers from steering into unfavorable loan products. Therefore, all forms of compensation-including bonuses, trips, or other rewards-are scrutinized if they are tied to loan terms, making the MLO's trip to Hawaii an illegal incentive under current law. References: Dodd-Frank Act - Loan Originator Compensation Rules TILA/Regulation Z - Anti-Steering and Loan Terms Compensation Rules
MLO Exam Question 17
Which of the following characteristics is unique to a home equity line of credit (HELOC)?
Correct Answer: A
A home equity line of credit (HELOC) is a revolving form of credit secured by the equity in the borrower's home. What is unique about a HELOC, compared to traditional closed-end loans, is that the borrower can take multiple draws or advances up to the credit limit during the draw period. "A HELOC is a line of credit extended to a homeowner that uses the borrower's home as collateral. The distinguishing feature of a HELOC is that the borrower may take additional advances at his or her discretion, up to the approved credit limit, during the draw period." - SAFE MLO National Test Study Guide Other answers: Interest-only payments can occur in some loan types but are not unique to HELOCs. Borrowing more than the property is worth (being "underwater") is not allowed. Selling the property without paying off the loan is not permitted; the HELOC must be satisfied at sale. References: CFPB, What is a HELOC? SAFE MLO National Test Study Guide
MLO Exam Question 18
Which of the following items may lenders use to verify a borrower's income for his ability to repay a mortgage?
Correct Answer: A
To verify a borrower's income for the ability-to-repay (ATR) requirements, lenders must rely on verified documentation, such as: * Electronic paystubs * W-2 forms * Tax returns An electronic paystub is acceptable as it provides detailed proof of the borrower's income, including salary, deductions, and other compensation. * Items like a check register (B), the income stated on the loan application (C), or a borrower's attestation (D) without documentation are not considered valid forms of income verification. References: * Dodd-Frank Act - Ability-to-Repay Rule * CFPB Ability-to-Repay/Qualified Mortgage (ATR/QM) Rule
MLO Exam Question 19
Which of the following is an acceptable reason for denying a forward mortgage under the Equal Credit Opportunity Act (ECOA)?
Correct Answer: B
The Equal Credit Opportunity Act (ECOA) prohibits discrimination based on receipt of child support, marital status, and age (provided the applicant is legally able to contract). However, it permits denial based on immigration status if it affects the creditor's ability to enforce legal rights in case of default. "A creditor may inquire about an applicant's immigration status and may deny credit if the applicant is not a permanent resident or otherwise not legally in the U.S. and able to contract." - 12 CFR § 1002.5(e), Regulation B (ECOA) References: CFPB, Regulation B: Permissible Inquiries SAFE MLO National Test Study Guide
MLO Exam Question 20
A mortgage loan originator paying compensation to a real estate agent for client referrals is:
Correct Answer: B
Section 8(a) of the Real Estate Settlement Procedures Act (RESPA) strictly prohibits giving or accepting any fee, kickback, or thing of value in exchange for the referral of settlement service business related to a federally related mortgage loan. "No person shall give and no person shall accept any fee, kickback or thing of value pursuant to any agreement or understanding, oral or otherwise, that business incident to or a part of a real estate settlement service involving a federally related mortgage loan shall be referred to any person." - 12 U.S.C. § 2607(a); 12 CFR § 1024.14(b), Regulation X This means it is illegal for a mortgage loan originator (MLO) to pay a real estate agent for referring clients, regardless of client notification, consent, or limitation to business expenses. Minor items of minimal value (e. g., pens, promotional items) may be allowed if not given in exchange for referrals, but any compensation for referrals is a prohibited kickback. References: CFPB, RESPA Section 8 Kickbacks and Referral Fees SAFE MLO National Test Study Guide