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NMLS RESPA basics
RESPA along with TILA is probably the most important to nail down.
17
Real Estate & Planning
Not Applicable
08/27/2012

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
When was RESPA passed?
Definition
1974
Term
What is the purpose of RESPA?
Definition
To protect borrowers involved in home loan transactions.
Term
What is the intention of RESPA?
Definition
it protects borrowers by educating them about all costs that will be associated with the loan transaction... it thus facilitates shopping.
Term
According to section 2601 RESPA was set up to accomplish through education and provision, the following:
Definition
1. More effective advance disclosure to home buyers and sellers of settlement costs.
2. The elimination of kickbacks and referral fees.
3. A reduction in the amounts home buys are required to place in escrow accounts for taxes and insurance.
4. Modernization of local recordkeeping of land title info.
Term
What is the HUD-1 also known as?
Definition
The uniform settlement statement.
Term
When must the HUD-1 form be available to the borrower?
Definition
1 day before closing.
Term
When is an appraisal disclosure required?
Definition
7 days after the application is submitted.
Term
Who is responsible for sending a transfer notice if the servicing lender assigns, sells, or transfers servicing rights of the loan to another servicer?
Definition
Both the lender and the transferee.
Term
When must the borrower receive a notice of transfer?
Definition
At least 15 days before the effective date of transfer.
Term
How many days does the borrower have to send payments to the correct servicer before late fees can be administered.
Definition
60
Term
What individual fines must an offending servicer pay in the event of non-compliance to RESPA laws.
Definition
up to $1000
Term
What must the servicer pay in the event of a class action law suit for noncompliance to RESPA laws.
Definition
1. Actual damages
2. Any additional damages.
Not exceeding $1000 per borrower and the total not exceeding $500K
Term
If the transferor or transferee notifies the borrower and makes necessary adjustments to correct an error within (__) days after discovering it, then...
Definition
60, the transferor or transferee will not be considered liable for failure to comply with the provisions.
Term
What are the penalties if an individual or organization willfully violates the section on kickback fees?
Definition
1) A fine of up to $10,000
2) Up to one year in prison
3) both of the above
4) a payment to the damaged parties equal to 3 times the original statement service fees.
Term
What is the limit for the cushion that is allowed for escrow payments.
Definition
two months.
Term
When must the lender give the borrower an initial escrow account statement?
Definition
at settlement or within 45 days after it.
Term
How much of a fine will be assessed to the lender or servicer who fails to comply with escrow guidelines?
Definition
$50 per failure, not exceeding $100,000 per twelve month period.
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