5/15/2012

Costco Mortgage





Start counting all the rocks in this pile to win a home loan with Costco


Closing a loan today is more intense than ever before. If Costco thinks they can close a mortgage by posting a sign in a store, they have lost their mind. A computer cannot give you automatic approval, not only is the concept now illegal, it is nonsense. Will Costco be doing in warehouse weddings and dispensing haircuts from a machine?



I can visit your home and pick up the necessary paperwork often in one visit, rather than have you make numerous trips to locate additional pieces of information. I recommend you ask your accountant to send you your tax returns as pdf attachments. Most often you have access to your bank statements as “print a statement” and we will help you put this together.

Thank you for considering me to help you achieve the best loan financing. As local mortgage professional twenty three years working in our community, I understand area lending guidelines, unique beach front or Orange County properties and draw on resources  lender.

My team works closely with you to help provide information so you can make informed decisions. We provide:
• Competitive rates and fees
• An extensive product line
• Prompt communication, feel free to call us anytime
• Service that continues after your loan closes

As your Loan Consultant I'll work with you every step of the way.


5/03/2012

SAFE ACT California Study Guide Free

rainbow over houses


I'm studying to take the California component of the SAFE ACT Test
These questions and answers I have provided as a study guide.
I don't guarantee you will pass or these are the questions, but practice on the laws can't hurt.
Some where over the rainbow our values will come back?
Some where over the rainbow being in the mortgage business won't mean you are frowned upon in every circle.


  1. A compensation contract for a loan transaction must be retained for three years.
  2. MLO’s certificate for Continuing Education does not need to be retained.
  3. Grace period for a DRE license is two years after expiration
  4. Division of California Department of Corporations that handles violations of the California Financial Code is the Enforcement Division
  5. If a MLO is not in compliance with a DOC provision, his bond can be increased from $50000 to $100000
  6. If an advertisement has been disapproved, the MLO must discontinue the ad immediately.
  7. MLO who advertises on radio/ air waves must maintain a transcript of the ad for audit 90 days
  8. Regulators are concerned with improper production, not loan volume
  9. An administrative penalty is $2500 while civil court penalty is $25000
  10. Independent escrow agents are subject to regulations of the Department of Corporations
  11. MLO and certain fiduciaries are regulated by the operational arm of the California Department of Corporations known as the Financial Services Division
  12. Commissioner of DRE is a real estate broker with 5 years experience and is appointed by the Governor
  13. DRE audits a licensed real estate broker and charges cost if a violation is proven
  14. MLO can prove a particular interest rate was available by showing the rate sheet
  15. California Foreclosure Act guides borrowers in the pursuit of a modification
  16. Lenders and brokers may not add anything to the appraisal fee
  17. MLO files BK must notify commissioner in 5 days
  18. Covered loan can have a prepay for 3 years
  19. Loan denial record must be kept 3 years
  20. Prepay penalty is waived in a natural declared disaster
  21. MLO guilty of redlining license suspended
  22. Conversion is misappropriation of funds
  23. Fees on a covered loan can’t exceed $1000 or 6% of original balance
  24. Violation on covered loan is suspend 6 months to 3 years 2nd time permanent  and $2500+ civil liable $15000+++
  25. Broker must place $ for others in trust account in 3 business days
  26. Broker must withdraw any of his own funds from trust account (example property manager) as fees in 25 days
  27. Mortgage lender may no longer consider rising real estate prices as a mitigating factor against loan risks
  28. MLO continuing education on: 3 hours of Federal law and regulations;

  • 2 hours of ethics including training on fair lending, fraud, and consumer protection challenges;
  • 2 hours of lessons related to lending standards for the nontraditional mortgage product market; and 1 hour other



  1. Net worth and surety bond for California Residential Mortgage Lenders is: surety bond $50000 net worth $250000
  2. Net worth and surety bond for Finance Lenders License is: surety bond of $25000 and net worth $25000
  3. If Finance Lender employs more than one MLO net worth increases to $250000.
  4. Law October 2009 to ensure California complied with SAFE Act is SB 32
  5. January 2010 all licensed real estate brokers, salespersons and RE corporations who make arrange or service loans must submit to the DRE an online report called the RE-866.
  6. RE-866 if licensee is a real estate corporation, the name an license number of the officer will be provided
  7. Re-866 form due January 31, 2010 or 30 days of commencing Mortgage orginations
  8. Penalty to file RE—866 $50 day for first 30 and $100 a day up to $10000.
  9. B&PCode Section 10131 real estate broker is one who for compensation, solicits, negotiates or performs services for others
  10. B&P Code Section 10131 real estate broker engages n the making of loans, buying from. Selling to, or exchanging with the public real property sales contracts or secured promissory notes as a principal
  11. B&P Code “in the business” means acquiring for resale to the public real property sales contracts or secured promissory notes in the amount of 8 or more a year
  12. Cash, corporate capital, warehouse credit lines, other $ that are liability items on the person’s financial statements secured or unsecured are known as own funds
  13. To renew a California real estate license licensee must take
  14. Fees for a lock-in agreement are refunded if the agreement is executed and the loan is denied
  15. MLO activity can take place only at the address on license unless borrower requests otherwise
  16. MLO license should be placed prominently in office
  17. Renewal fees are due December 31 each year
  18. Change of ownership form is filed with Commissioner when mortgage co changes hands
  19. Print media must match business name and information registered with NMLS
  20. DOC commissioner inspects books and records of MLO every 2 years
  21. DOC commissioner may inspect as often as necessary
  22. Commissioner of DOC and DRE can issue a desist and refrain order
  23. Audits by DRE or Doc MLO Co pays costs
  24. Broker licensed under Consumer Finance Lending Laws may broker loans to Finance Lenders
  25. Delaying the closing of a loan to increase costs is predatory lending
  26. Compensation contract for a loan transaction must be retained for 3 years
  27. Residential mortgage loan is 1-4 units
  28. MU1- corporation or sole proprietor-business
  29. MU2 –each control persons
  30. MU3-license branch
  31. MU4 individual



  1. Mortgage bankers must have net worth $250000 and surety $50000
  2. Application fee for California Mortgage banker’s license is $900 CRMLA
  3. Maintenance annual fee DRE license MLO endorsement is $300
  4. Reporting requirements for brokers: list of licensees, advertising media, types loans serviced- how many covered loans…
  5. Maintain license classes: 8 hours continuing education+ 45 hours continuing education every 4 years
  6. Processors and Underwriters who work as independent contractors must be licensed
  7. Pre-licensed education is 20 hours
  8. Applicants who completed endorsement before August 31 2010 do not have to complete the 20 hours
  9. New applicants for Finance lender in CA file through NMLS is they intend to make or broker mortgage loans (they can finance cars and not do mortgages)
  10. Section2924.6 Civil Code due on sale clauses are not allowed for:transfer resulting from death of spouse, adding spouse on title, divorce decree- Dissolution, inter vivos trust transfer where they are beneficiaries,junior liens
  11. Section 50318 misleading public as to education, license … 12 months bar
  12. Unruh Civil rights act- sex race color religion ancestry national origin disability medical condition marital status sexual orientation
  13. Holden Act- redlining geographical discrimination 1-4  Section 35801, Borrower complains to Secretary of the California Department of Business, Transportation and Housing 30 days determination
  14. Holden Act is Secretary determines the violation desist and refrain – make the loan or pay $1000
  15. Holden Act Appeal to hearing 10 days – hearing happens in 20 days – decision in 45 days can be appealed in court
  16. Section2780 RE Commissioner Regulations: race color  sex religion ancestry physical handicap marital status national origin- panic selling block busting
  17. Mortgage broker agreements-cannot be for high cost per HOEPA
  18. Mortgage broker agreements can charge actual charges upfront and an application fee
  19. Advertising no no words: guaranteed, safe, bonded, sound, investment plan, growth plan, low doc, no income, no assets, stated, immediate approvals
  20. Loan modification scams cannot charge fees upfront, take a wage assignment, power of attorney,
  21. Loan modification scam fines $10000 plus one year county jail individual, $50000 for corporation 3X damages
  22. California Foreclosure Prevention Act- 90 days notice of default + 90 4 days before sale for reinstatement
  23. MLO can’t charge a fee for best efforts to find a loan- must deliver
  24. Loan servicers must pay interest of 2% on advance impound accounts
  25. Covered loan law California Civil Code 4970- 4979.8 High Cost Loans Any residential loan does not exceed Fannie Mae’s conforming loan limit- APR exceeds 8% over Treasuries of 15th day of month or total points and fees paid by consumer exceed 6% of loan amount or $1000– No prepayment 3 years, no balloon less than 5 except for bridge loans, neg am must be disclosed, 55% DTI, no loan flipping, must be a benefit
  26. Trust funds – must deposit in escrow or trust account 3 business days
  27. Trust fund record keeping: 3 years, reconcile monthly, no interest
  28. Covered loan is not a super jumbo
  29. Willful violation of Covered Loan Law $15000 or damages
  30. California Finance Lenders Law Commissioner Department Corporations can suspend a license not to exceed 12 months
  31. Maximum criminal penalty for violation of California Residential Mortgage Lending Act is $10000 and one year in jail
  32. DRE cannot file criminal charges
  33. Max payout to consumers from DRE Real Estate Recovery account  $250000
  34. California Administrative Procedures Act hearing final decision 100 days
blurry saint painting - ghost? pray I pass


4/30/2012

Mortgage Loan Originator FREE NLMS refresher


labels on bugs
All the Regulations to Memorize for your NMLS Test

For fun I have listed here some more than one hundred questions and the correct answers for you to memorize for your NMLS Test. This is in case the droning voice recording on your online test made you fall asleep, or the teacher was on something. You must memorize the details the way NMLS is testing for nationally, it does not matter what you think or how you practice in your local market. It does not matter about common sense, burn the facts in your head. Mortgage now is run by Barney Frank who once had a boyfriend at Wells Fargo Home Mortgage, so he really knows how to properly regulate a complex business with certain laws that do not help consumers. So here it is, do not question the man behind the curtain, he is the great and powerful Oz. This does not guarantee you will pass. This is not necessarily  any exact list of the questions. This is a free study guide.

NMLS TEST QUESTIONS AND STUDY GUIDE FREE

1.       Prior to closing how long does RESPA require you give the HUD1 to borrower if they ask?
One business day

2.       UNDER ECOA What may NOT be used adversely in Underwriting?
Borrower receives public assistance
Remember ECOA is REG B

3.       Who is not a depository institution?
Mortgage banker because they don’t lend their own dough or work for a bank or S&L

4.       What is difference between a mortgage banker and mortgage broker?
Mortgage broker is middleman intermediary, bankers do that but also raise stock to loan their own money

5.       According to Truth in Lending Act a borrower on a refinance who was not disclosed the APR can?
Rescind the loan for three years

6.       Lender who doesn’t sell loans to investors is:
Portfolio Lender

7.       Regulation forbids seller to steer to certain Title Company
REG X

8.       If the fed buys government securities the money supply:
Increases
9.       What law defines high cost loans or Section 32 loans?
HOEPA Home Ownership and Equity Protection Act

10.   Fannie or Freddie can force a lender to buy back /repurchase a loan if
Evidence of fraud
11.   What Federal legislation requires information about race?
Home Mortgage Disclosure Act HMDA

12.   A registered State Licensed MLO is identified in NLMS by
Unique identifier
13.   Common name of Title V?
SAFE ACT
14.   TIL does not require:
Name of entity who services but does
requires amount, finance charges, total payments…
15.   What is the fine for violating Do Not Call?
$16000.00
16.   State Licensed MLO lets license expire must retest if :
5 years have past
17.   Federal regulation regarding adverse collection information on credit report?
REG V
18.   Registered MLO hours education?
0 only State has 20
19.   MLO fails test 3rd time must wait:
180 days
20.   SAFE requires State Licensed x hours continuing education?
8
21.   RESPA requires what disclosure at closing?
HUD-1
22.   Fixed rate fully amortized loans each payment:
Interest portion decreases and principle increases
23.   HMDA does not include:
Land loans
24.   Refinance recission:
3 business days including Saturday not Sunday or Fed holidays
25.   Lender must notify Borrower of decision in:
30 days
26.   RESPA applies to all
Real estate credit 1-4 family dwellings
27.   APR must be disclosed on
TIL
28.   FCRA # days a credit information provider respond to dispute?
30
29.   Mortgage Disclosure Improvement Act fastest # days can close
7th business day after disclosures delivered
30.   What settlement charge may have 10% tolerance between GFE and closing?
Government recording charges
31.   Estimate for settlement charges on GFE is available for X days
7
32.   What fee may be charged before delivery TIL and GFE?
Credit report fee
33.   Mortgage broker rents discounted space from a Title Co for referrals violates:
RESPA
34.   APR initial TIL 5.99% increases to 6.25% on final how long wait to close?
3 business days after redisclosure
35.   Higher priced loan is
APR is average prime offer rate + 1.5%
36.   GFE lumps together:
Lender and mortgage broker fees
37.   According to SAFE a MLO convicted of felony assault 10 years ago
Can apply
38.   MLO can be paid on:
Fixed percentage of loan amount
39.   Conventional loans are backed by the government?
Not guaranteed
40.   What kind of loan is assumable?
FHA
41.   Down payment for FHA with FICO 580+
3.5%   or 10% for score 500-579

42.   Seller contribution allowed FHA
6% of closing but not down payment
43.   FHA refinance amount UFMIP?
1% loan for both refi and purchase
44.   FHA housing ration and DTI?
31% / 43%
45.   FHA tax free income – disability/child support
Gross up  125%
46.    VA Housing Ratio and DTI
41% / 41%
47.   VA seller maximum buy down rate is
4%
48.   VA funding fee for first time (not National Guard or reserve)
2.15%
49.   Rural Housing Services RHS under
USDA
50.   PMI requires what down?
3%
51.   Cancel PMI under:
Homeowners Protection Act
52.   Homeowners Protection Act requires lender to drop PMI at:
78% of original purchase price
53.   Jumbo loan is
Nonconforming loan
54.   Definition of nontraditional loan is under
SAFE Act
55.   Mortgage second with predetermined maximum loan amount, adjustable, IO minimum, can be reborrowed is
HELOC
56.   Borrower right to change from ARM to Fixed one time
Convertible loan
57.   Conforming loan
Follows Freddie and Fannie criteria
58.   Nontraditional mortgage highest risk in underwriting is
High debt to income ratio
59.   Difference between index and the rate charged is called
Margin
60.   Total payments payoff the entire balance at term is
Fully amortizing
61.   During reverse mortgage what decreases:
Equity
62.   Reverse mortgage must be repaid if unoccupied by owner for:
12 months
63.   HECM not available on:
No cooperatives
64.   HECM does not consider:
Credit of borrower
65.   Lender refuses to make loans in certain neighborhood
Redlining
66.   RESPA kickback who pays fine
All parties who received
67.   TIL in Advertising
Think numbers like: 10% down
68.   Advertising
APR amount down terms repayment
69.   Discouraging minority application
ECOA
70.   Not protected by Fair Housing Act
Sexual orientation
71.   ARM loans address
Recessions
72.   Initial rate ARM 4% lower than fully indexed
Teaser
73.   Recast ARM
Recomputed monthly payments to fully amortize
74.   5/2/6 ARM (6 is the
Payment cap
75.   Lowest teaser rate
Pay option ARM
76.   Option ARM accelerated payment is
Fully amortized over shorter loan term (15 or 20)
77.   Option ARM recast
Regular normal every 5 years
78.   Conversion right on ARM must requalify if:
Sold to secondary
79.   Graduated Payment mortgage is
Payments increase at regular intervals
80.   Graduated Payment Mortgages
Have neg am
81.   ARM’s
Have Home Equity Conversion Mortgage
82.   HECM is
Reverse Mortgage
83.   HECM
Cannot be second or subordinate loan
84.   Reverse Mortgage
Borrower must maintain, live in and pay taxes
85.   Land Contract
Vendor/seller transfers equitable title to vendee/ buyer
86.   Alienation clause is
Due on sale/ if sold payoff loan
87.   MLO can’t be a modification counselor advertisement under
Truth in Lending Act
88.   3 day rescission Regulation
Reg Z
89.   Flipping analyze past
3 years history of transfers
90.   Civil Rights 1866 prohibits discrimination on
Race
91.   Repeated refinancing
Loan flipping
92.   Fed. Legislation requiring “equal housing lender”
Fair Housing Act
93.   Fair Housing Act does NOT cover
Disability (does cover religion, maritial, sex)
94.   Fed law covers redlining
Community Reinvestment Act
95.   Discount points are:
Paid to reduce rate
96.   Defeasance clause
Lender releases (defeated) when repaid
97.   Deficiency judgment
Lender recovers the losses
98.   Blanket mortgage
On one or more parcels
99.   Partially amortized loan
Has balloon
100.                        Higher rate charged in exchange for lower upfront costs
Yield spread premium

Stuff you must memorize because a couple questions use these assumptions:

Conventional Ratios: 28% / 36%
FHA                              31%/ 43%
VA                                       /41%
more questions and answers to the National Mortgage Registry Test

101.                        Market value
Most probable selling price
102.                        Minimum number comps required
3
103.                        Section 502 loans are
USDA
104.                        Chapter 7 BK shows on credit for
10 years
105.                        VA loan to value
100%
106.                        UFMIP is on
FHA
107.                        Hypothecation
Using collateral without surrendering possession

SAFE 2008
HERA 2008 V-NMLS
RESPA=X=HUD=GFE=HUD-1, 1-4 family properties, kickbacks 1975
TILA=Z=FTC 1968 (Fed) 3 rescission, 3 day disclosure forms:TIL, booklet, CHARM, APR
ECOA=B=Federal Reserve =Discriminate sex age marriage race religion public assistance Cons. P.
HMDA= C =1975 gathers information about discrimination
FACTA=V=FTC=2003=
GrammLeach GLB=P=FTC 1999 privacy
Nat Do not Call $16000 fine
FCRA= V=credit= FTC
HOEPA+ Z=Section 32+ FTC= high cost= rescind 3 years, APR TBill+8%/ 2nd +10%
USPAP –appraisal HUCC – AIR
Dodd Frank
HPA- PMI 1998 cancel 78% of original sales price or lender at 80%
MLO compensation rule = Z = Fed
CRA 1977 low mod loans
Civil Rights Act 1866 – no racial discrimination in buying selling homes
Fair Housing Act 1968
Fannie Freddie appraisal
Max gross adjustment to comp 25% Robin Hood
Max net 15% of sale price of comp

copyright Caroline Gerardo all this is mine even the photograph and we prosecute stealers. If you would like to print and study, that is fine. If you want to reproduce you will need to buy one of my books and have written (email) permission from me. Do not repost on Pinterest all rights reserved.

Cost Approach
Marshall Swift rebuild minus depreciation + land
Income Approach
Net operating income divided by Capitalization Rate= Value

If I think of more I'll post another homework list.