10/26/2021

North Carolina

 











Thomas Cole painting

Hudson River School 

North Carolina

e Home Ownership Equity Protection Act (HOEPA), a High-Cost Home Loan on a first mortgage occurs when the APR calculation at settlement, plus any points or bona fide discount points exceed the yield on US Treasury securities having a comparable maturity period by more than:

Who can apply for a Reverse Mortgage Loan?

 

Any person 55 years of age or older who occupies and owns an interest in residential real property

Anyone that owns property

Any person 62 years of age or older who occupies and owns an interest in residential real propertyYou correctly checked this.

Any person 60 years of age or older who occupies and owns an interest in residential real property

Any person 62 years of age or older who occupies and owns, in fee simple individually, or with another borrower as tenants by the entireties or as joint tenants with the right of survivorship, an interest in residential real property can apply for a reverse mortgage loan.



An agreement by the lender and the borrower that, in addition to the principal and any interest accruing on the outstanding balance of a reverse mortgage loan, the lender may collect an additional amount equal to a percentage of the increase in the value of the property from the date of origination of the loan to the date of loan repayment is referred to as

 

Shared value

Amortization

Shared depreciation

Shared appreciationYou should have checked this.

The expression ‘shared appreciation’ refers to an agreement by the lender and the borrower that, in addition to the principal and any interest accruing on the outstanding balance of a reverse mortgage loan, the lender may collect an additional amount equal to a percentage of the increase in the value of the property from the date of origination of the loan to the date of loan repayment.



The names of all persons satisfying counselor training requirements will be forwarded to the Commissioner by the:

 

Department of Housing and Urban Development

North Carolina Housing Finance AgencyYou correctly checked this.

HUD Office of Housing Counseling

North Carolina Banking Commission

The North Carolina Housing Finance Agency shall adopt rules governing the training of counselors and necessary standards for counselor training and shall establish reasonable fees for training. The North Carolina Housing Finance Agency shall forward the names of all persons satisfying counselor training requirements to the Commissioner. The Commissioner shall maintain a list of counselors who have satisfied training requirements and shall periodically provide an up-to-date copy of the list to all authorized lenders. The Commissioner shall provide to all counselors who have satisfied training requirements information provided to the Commissioner by authorized lenders under G.S. 53‑265 (1991, c. 546, s. 1; 1995, c. 115, s. 1.).


A reverse mortgage loan becomes due and the borrower mortgaged 100% of the full value of the house. The reverse mortgage balance is $150,000 and the house is sold for $125,000. The borrower therefore owes:

 

$25,000

$12,500

$125,000You should have checked this.

$150,000

When a reverse mortgage loan becomes due, if the borrower mortgaged one hundred percent (100%) of the full value of the house then the amount owed by the borrower will not be greater than (i) the fair market value of the house, minus sale costs, or (ii) the outstanding balance of the loan, whichever amount is less. If the borrower mortgaged less than one hundred percent (100%) of the full value of the house, the amount owed by the borrower will not be greater than (i) the outstanding balance of the loan, or (ii) the percentage of the fair market value, minus sale costs, as provided in the contract, whichever amount is less.


n agreement by the lender and the borrower that, in addition to the principal and any interest accruing on the outstanding balance of a reverse mortgage loan, the lender may collect an additional amount equal to a percentage of the value of the property at the time of loan repayment is known as:

 

Shared valueYou should have checked this.

Amortization

Shared depreciation

Shared appreciation

The expression ‘shared value’ refers to an agreement by the lender and the borrower that, in addition to the principal and any interest accruing on the outstanding balance of a reverse mortgage loan, the lender may collect an additional amount equal to a percentage of the value of the property at the time of loan repayment.



A reverse mortgage loan becomes due and the borrower mortgaged 100% of the full value of the house. The reverse mortgage balance is $150,000 and the house is sold for $125,000. The borrower therefore owes:

 

$125,000You correctly checked this.

$150,000

$12,500

$25,000

When a reverse mortgage loan becomes due, if the borrower mortgaged one hundred percent (100%) of the full value of the house then the amount owed by the borrower will not be greater than (i) the fair market value of the house, minus sale costs, or (ii) the outstanding balance of the loan, whichever amount is less. If the borrower mortgaged less than one hundred percent (100%) of the full value of the house, the amount owed by the borrower will not be greater than (i) the outstanding balance of the loan, or (ii) the percentage of the fair market value, minus sale costs, as provided in the contract, whichever amount is less.



Under G.S. §53-269, the Commissioner is required to maintain a list of counselors who have satisfied training requirements and to provide an up-to-date copy of the list to all authorized lenders:

 

Every 6 months

PeriodicallyYou should have checked this.

Once a year.

Every 3 months

Under G.S. §53-269, the Commissioner is required to maintain a list of counselors who have satisfied training requirements and to provide periodically an up-to-date copy of the list to all authorized lenders.



When a loan servicer ceases operations, they must complete IRS form:

 

982

W-9

1098You correctly checked this.

4506

When a loan servicer ceases operations, they must among other things notify the NCCOB of their intent to cease operations, provide information on the new servicer (name, address and contact information), provide confirmation that the new servicer is licensed to service loans in North Carolina, identify the types of loans being transferred (fixed rate, adjustable rate, etc.), provide confirmation that written consent has been received from all investors for the transfer of servicing and complete IRS Form 1098 which details the amount of interest and mortgage-related expenses paid on a mortgage during the tax year.

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An agreement by the lender and the borrower that, in addition to the principal and any interest accruing on the outstanding balance of a reverse mortgage loan, the lender may collect an additional amount equal to a percentage of the increase in the value of the property from the date of origination of the loan to the date of loan repayment is referred to as

 

Shared appreciationYou should have checked this.

Shared depreciation

Shared value

Amortization



Engaging in the mortgage business as defined by G.S. §53‑244.030(11) or acting as a mortgage loan originator without a license as required by the provisions of G.S. 53‑244.040 is a:

 

Class-2 misdemeanor

Class-1 misdemeanor

Class-4 misdemeanor

Class-3 misdemeanorYou correctly checked this.

Engaging in the mortgage business as defined by G.S. 53‑244.030(11) or acting as a mortgage loan originator without a license as required by the provisions of G.S. 53‑244.040 is a Class-3 misdemeanor. Each transaction involving unlicensed activity is a separate offense. (2009‑374, s. 2.)


For violation of NC state or Federal Law, disciplinary action does not include:

 

A minimum 10 year jail sentenceYou correctly checked this.

Suspension or revocation of license

Deletion from the mortgage broker roll

Payment of restitution to wronged borrowers

For violation of NC or Federal law, disciplinary action may include temporary or permanent deletion from the mortgage broker roll, suspension or revocation of a mortgage banking/mortgage loan originator license and the order of the licensee to pay restitution for each violation.



Licenses may be suspended or revoked for a variety of reasons. Select the answer that is not grounds for disciplinary action.

 

Fraud or bribery in securing a registration or license

Performing origination duties in an honest, fair and reasonable mannerYou correctly checked this.

Conviction of any crime which would have a bearing on the fitness or ability of a registrant or licensee to conduct its business

A pattern of conduct indicating incompetence or untrustworthiness

Performing origination duties in an honest, fair and reasonable manner would not be grounds for any disciplinary action. Licensees that are deemed to be involved in any criminal or "shady" activities may have their license suspended or revoked by the Commissioner.



Under NC Gen Stat § 53-244.116, the Commissioner may impose a civil penalty for any violation of or failure to comply with the Secure and Fair Enforcement Mortgage Licensing Act. However, for each violation the civil penalty may not exceed:

 

$10,000

$25,000You correctly checked this.

$15,000

$20,000

Under NC Gen Stat § 53-244.116, the Commissioner may, among other things, impose a civil penalty for any violation of or failure to comply with The Secure and Fair Enforcement Mortgage Licensing Act. However, for each violation the civil penalty may not exceed $25,000 for each violation of or failure to comply with this Article. Each violation of or failure to comply with this Article will be a separate and distinct violation.


The Commissioner may refuse to issue a license in ALL the following circumstances EXCEPT if:

 

It is deemed to be in the public interest

The application contained misleading information

The applicant was refused licensing from another state 6 years agoYou correctly checked this.

The application contained falsified information

Suspension, revoking or refusing to issue or renew a license is determined by the NC Commissioner of Banking if it is deemed to be in the public interest, or if the application contained misleading or falsified information and if the applicant has had suspension, revoked or refused licensing from another state within the past five years.