Shared Flashcard Set

Details

AAG NMLS SAFE & UST
Chp 5 - Federal Prohibition of Predatory Lending Laws
11
Real Estate & Planning
Professional
02/26/2014

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
HOEPA
Definition
  • Home Ownership and Equity Protection
  • established 1994
  • ammendment to TILA
Term
TIL updates & HOEPA established 2 new forms
Definition

EFFECTIVE Aug 1, 2015

  1. Loan Estimate Form - replaces GFE & initial TIL
  2. Closing Disclosure Statement - replaces HUD-1 and final TIL
Term
high priced loans = section __
Definition
section 32
Term

HOEPA disclosures

(3 business days prior to closing)

Definition
  • APR
  • the regular payment amount (including balloon payments)
  • loan amount; if amount borrowed includes credit insurance premium it must state it
  • for variable rate terms, the loan amount of the max monthly payment
  • for a mortgage refinance, the total amount borrowerd as reflected by te face amount of the note must be disclosed.
Term
APOR
Definition
average prime offer rate
Term
High Cost = Section __
Definition
Section 32
Term
High Priced = Section __
Definition
Section 35
Term
High Priced Loans (section 35) triggers
Definition

loans where the APR exceeds the average prime offer rate by

  • 1.5% on the 1st
  • 2.5% on the 1st (jimbo over $417K)
  • 3.5% subordinate liens
Term
prohibited loan terms under HOEPA
Definition
  • balloon payment
  • negative amortization
  • repayment schedule
  • default interest rates
  • rebate
  • prepayment penalties
  • demand clauses
Term
escrow account (under HOEPA & high priced loans)
Definition
the rule requires the originating lender to establish and maintain an escrow (impound) account for property taxes and insurance (hazrd, flood, mortgage, etc) for a minimum of 5 yrs
Term
HOEPA exemptions
Definition
  1. qualified mortgages
  2. temporary bridge loans
  3. construction loans
  4. manufactured homes, mobile homes and trailers
  5. boats that are dwellings
  6. 2nd appraisal requirement to facilitate loans in rural areas and other transactions
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