REAL ESTATE SETTLEMENT PROCEDURES ACT (RESP A) Flashcards by Justin Ellis (2024)

1

Q

What is a Federal Statute that protects borrowers involved
in purchases, refinances, home improvement loans, home
equity lines of credit, or any other federally related residential mortgage loans used in financing the purchase of 1-4 family dwellings, condominiums, or manufactured housing placed on a lot.

A

Regulation X, the Real Estate Settlement Procedures Act

RESPA

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2

Q

What was behind the creation of RESPA in the 1970’s?

A

the idea behind RESPA was to combat these “abusive practices” by providing consumers with more accurate and timely information about the settlement process for residential mortgage loans.

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3

Q

What special information booklet provided by the Secretary of Housing and Urban Development for lenders to pass on to purchase applicants?

A

SETTLEMENT COST INFORMATION BOOKLET

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4

Q

What allows the borrower the opportunity to see the costs that will be associated with the loan and must be sent to the potential borrower within three (3) business days after receiving his application?

A

GOOD FAITH ESTIMATE (GFE)

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5

A

Uniform Settlement Statement (or HUD-1)

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6

Q

this discloses to the borrower whether the lender intends to service the loan or transfer it to another lender. and must be send to the borrower 3 days receiving the loan application

A

Mortgage Servicing Disclosure Statement/NITIAL SERVICING TRANSFER DISCLOSURE

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7

Q

The Real Estate Settlement Procedures Act (RESPA) is a Federal Statute that protects borrowers involved in using residential mortgage loans for the purchases of:

A

1 to 4 family dwellings & Condominiums

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8

Q

How many business days do lenders have to provide the Settlement Cost Information Booklet (hand deliver or mail) after receiving the application from the potential borrower?

A

Three(3) business days

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9

Q

The Uniform Settlement Statement must conspicuously and clearly itemize all charges to the borrower and the seller in connection with the settlement, as well as indicating whether any title insurance premium included in the charges covers or insures:

A

The lender’s interest in the property
The borrower’s interest in the property
Both parties interests in the property

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10

Q

If the servicing lender assigns, sells, or transfers servicing rights to the loan to another servicer, who is required to send a notice of the transfer form?

A

Both the transferor and the transferee

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11

Q

What is the transfer period window dictated by federal law in which no late fees can be charged to a borrower who sends his or her payment to the original servicer, rather than the new one, before the payment’s actual due date (including any grace period or late date allowed within the loan documents)?

A

Sixty(60) days

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12

Q

if a servicer receives a “qualified written request” from a borrower for information about an account, the servicer must research the borrower’s inquiry and, when the servicer corrects, if necessary, or communicates the decision as to whether there is indeed an error, within how many business days after receiving the request?

A

Sixty (60) business days

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13

Q

What is the fine for a GFE violation of Section 5 of RESPA?

A

The loan originator must reimburse excess charges within thirty (30) days of closing

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14

Q

What is the only fee that can be collected before the GFE is delivered to the borrower?

A

Credit report fee

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15

Q

Which of the following items would NOT necessarily be needed in order to have a “GFE application”?

A

A VOD is not necessary to have a “GFE Application”

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16

Q

Many of the changes to the RESPA rule were designed with what purpose in mind?

A

any of the changes that the new RESPA rules have been made to facilitate the ease of shopping for loan products by providing clear and concise disclosure of loan programs and fees. It has also provided consumer safeguards against Bait and Switch tactics sometimes used in the marketplace.

17

Q

Which of the following is NOT a RESPA mandated application disclosure?

A

An Adverse Action Statement is not a RESPA required application disclosure. The other three (3) are required.

18

Q

What fees cannot increase at settlement?

A

origination charges, buy-down points, and transfer taxes

19

Q

What is it when the borrower is promised one set of fees and an interest rate, only to have it change at the closing table?

A

Bait and Switch

20

Q

HUD has estimated that the implementation of these measures will possibly save the average borrower how much money in settlement costs per transaction?

A

$700

REAL ESTATE SETTLEMENT PROCEDURES ACT (RESP A) Flashcards by Justin Ellis (2024)

FAQs

What is the Real Estate Settlement Procedures Act quizlet? ›

RESPA provides consumers with the opportunity to shop for their best possible mortgage solution. It ensures that consumers obtain information on prearranged business agreements, the cost of closing a mortgage loan, and protects against excessive settlement costs and unearned fees.

What does Real Estate Settlement Procedures Act RESPA mean? ›

The act requires lenders, mortgage brokers, or servicers of home loans to provide borrowers with pertinent and timely disclosures regarding the nature and costs of the real estate settlement process. The act also prohibits specific practices, such as kickbacks, and places limitations upon the use of escrow accounts.

What is the primary purpose of the Real Estate Settlement Procedures Act is to ensure that buyers? ›

Congress enacted the Real Estate Settlement Procedures Act (RESPA) in 1974 to ensure that consumers are provided with timely information on the nature and costs of the settlement process and are protected from unnecessarily high settlement charges that are the result of abusive practices. 12 USC § 2601(a).

What type of loan does the Real Estate Settlement Procedures Act apply to? ›

Summary. The Real Estate Settlement Procedures Act (RESPA) is applicable to all “federally related mortgage loans,” except as provided under 12 CFR 1024.5(b) and 1024.5(d), discussed below.

What is the enforcement of the Real Estate Settlement Procedures Act? ›

RESPA guarantees that all mortgage loans that are subject to federal regulation are in line with RESPA rules. This includes purchases, refinances, loans for home improvements, home equity lines of credit, and land contracts. RESPA is enforced by the Consumer Financial Protection Bureau (CFPB).

Which of the following statements is false regarding the Real Estate Settlement Procedures Act? ›

Final answer: The false statement about the Real Estate Settlement Procedures Act (RESPA) is that it covers all residential mortgages. In reality, it only applies to 'federally related' mortgage loans, usually those secured by liens on one-to-four family residential properties.

What is Section 10 of the Real Estate Settlement Procedures Act RESPA? ›

RESPA Section 10

Section 10 of RESPA limits the amounts that a mortgage lender may require a borrower to deposit to an escrow account for the payment of real estate taxes, homeowner's insurance and other escrow related charges.

What is Real Estate Settlement Procedures Act RESPA Section 8? ›

RESPA section 8(a) provides that 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 ...

What are RESPA violations? ›

There are several ways mortgage lenders or other service providers can commit a RESPA violation. RESPA violations include inflating costs, using bribes or shell entities, and implementing kickbacks or referral fees. These violations can result in steep fees and even jail time.

What is the purpose of RESPA quizlet? ›

allow consumers to obtain information on the costs of closing so that they can shop for settlement servicers and protect consumers from excessive settlement costs and unearned fees through mandatory disclosure requirements and established prohibited practices.

What is the purpose of a settlement statement in real estate? ›

What Is a Settlement Statement? A settlement statement is a document that summarizes the terms and conditions of a settlement agreement between parties. Commonly used for loan agreements, a settlement statement details the terms and conditions of the loan and all costs owed by or credits due to the buyer or seller.

What is one purpose of the loan estimate form required under the Real Estate Settlement Procedures Act and TILA? ›

The TILA-RESPA Rule provides a detailed explanation of how the forms should be filled out and used. The first new form (Loan Estimate) is designed to provide disclosures that will be helpful to consumers in understanding the key features, costs, and risks of the mortgage loan for which they are applying.

What is the summary of RESPA? ›

RESPA requires lenders, mortgage brokers, or servicers of home loans to provide disclosures to borrowers concerning real estate transactions, settlement services, and consumer protection laws.

What is prohibited by RESPA? ›

RESPA prohibits the payment of dividends based on the amount of business referred or expected to be referred to an affiliated business.

What does the Real Estate Settlement Procedures Act not apply to? ›

The Consumer Financial Protection Bureau holds the primary responsibility for enforcing this law. This law does not apply to loans that are secured by real estate used for business or agricultural purposes. Lenders, mortgage brokers, and mortgage loan servicers must provide certain disclosures to borrowers.

What is the federal regulation that implements the Real Estate Settlement Procedures Act? ›

The Department of Housing and Urban Development (HUD) originally promulgated Regulation X, which implements RESPA. Congress has amended RESPA significantly since its enactment.

Which of the following protections are provided by the Real Estate Settlement Procedures Act RESPA including RESPA section 8? ›

Section 8 of RESPA prohibits anyone from giving or accepting a fee, kickback or anything of value in exchange for referrals of settlement service business involving a federally related mortgage loan. In addition, RESPA prohibits fee splitting and receiving unearned fees for services not actually performed.

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