Safe Act Flashcards

(33 cards)

1
Q

Who Created the SAFE ACT?

A

HOUSING AND ECONOMIC RECOVERY ACT (HERA)

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2
Q

What’s the purpose of the SAFE ACT?

A

SAFE ACT regulates the mortgage industry on a national level, establishes the minimum standards that must be met for licensure and requires mortgage loan originators be either state-licensed or federally registered.

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3
Q

Who enforces the SAFE ACT?

A

CFPB

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4
Q

Employees

A

Of financial institutions (depositories) must register as a MLO and get UI

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5
Q

All other individual
Safe act

A

Apply for a License, State Licensed MLO and get UI

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6
Q

Under SAFE ACT you have to update certain information within

A

30D

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7
Q

What is the identifier that permanently identifies a registered or licensed MLO?

A

Unique identifier

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8
Q

Unique identifiers are required to be disclosed on what?

A

● Trust deed ● All disclosures require the MLO’s NMLS number ● Mortgages ● Promissory note ● Advertisements of any kind ● 1003 URLA (loan application)

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9
Q

Immediate family members include?

A

● Parents (stepparents) ● Spouse ● Children (stepchildren) ● Siblings (step siblings) ● Grandparents ● Grandchildren ● Adopted family members.

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10
Q

What is the definition of a Mortgage loan originator (MLO)?

A

An individual who takes a residential mortgage loan application, offers and negotiates terms of a residential mortgage loan for compensation or gain. Mortgage originators are part of the Primary Mortgage Market. They must work with underwriters and loan processors.

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11
Q

Nationwide Mortgage Licensing System and Registry, or NMLS system, was developed and is maintained by?

A

The Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators (AARMR).

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12
Q

Loan processor role is?

A

it to make sure all the proper documentation is organized to send to the underwriter

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13
Q

Underwriter role is

A

to analyze if the borrower can make the necessary monthly mortgage payment and decide if the loan will be approved

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14
Q

Any loan processor or underwriter who is an independent contractor and engages in residential mortgage loan origination activities as a loan originator with respect to any dwelling or residential real estate in the state must?

A

Obtain and maintain a valid loan originator license from the state.

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15
Q

For an individual to be eligible for a loan originator license, they can not have been convicted of, or pled guilty to a felony during the period of _____ years preceding the date of the application for licensing.

A

7-years

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16
Q

To be eligible for a loan originator license, how many hours is required for pre-licensing education and what is the breakdown?

A

20 hours ● 3 hours of federal law ● 3 hours of ethics and ● 2 hours of training on nontraditional mortgage products ● 12 electives

17
Q

To be eligible to renew a loan originator license, how many hours of annual continuing education is required and what is the break down?

A

8 hours ● 3 hours of Federal law ● 2 hours of ethics ● 2 hours of training related to nontraditional mortgage products ● 1 hour of electives

18
Q

Loan originators licenses expire annually, and must be renewed between what days?

A

November 1st- December 31st renewal due date.

19
Q

Who has legal authority to discipline loan originator licensees with appropriate enforcement actions, such as license suspensions or revocations, cease-and-desist orders, civil money penalties, and consumer refunds for violations of state or Federal law?

A

A State Supervisory
SusEDA

20
Q

Who oversees compliance over the State Authorities, registry of the NMLSR and mortgage schools and courses?

A

Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators Mortgage (AARMR)

21
Q

A licensed attorney performing activities that come within the definition of a loan originator is not required to be licensed, provided that such activities are?

A

● Carried out within an attorney-client relationship ● Accomplished by the attorney in compliance with all applicable laws, rules, ethics, and standards

22
Q

What agency is responsible for the effective supervision, regulation, and housing mission oversight of the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac)?

A

The Federal Housing Finance Agency (FHFA)

23
Q

FHFA was established by

24
Q

What is the penalty for violating the SAFE ACT?

A

$36,083 (2025) $35,516 (2024) NMLS states $25K (Know both)

25
The Mortgage Call Report (MCR)
report is filed by a company on behalf of its loan originators, shows the condition of the company and must be reported and filed with the NMLS
26
When is the Residential Mortgage Loan Activity Report (RMLAR) due? and what is it for?
Within 45 days after every calendar quarter. Collects information about application, closed loan, individual mortgage loan originator (MLO), line of credit, servicing, and repurchase information by state.
27
The Mortgage Call Report (MCR) has 2 components to it. What are they?
Residential Mortgage Loan Activity Report (RMLAR) and Financial Condition Report (FCR).
28
When is the Financial Condition report (FC) due? and what is it for?
Due annually, within 90 days of the company's fiscal year end and collects financial information at the company level, which means it is not separated by each state. It is the company in whole.
29
What amendment of the SAFE act mandates that all states implement Transitional Authority(Temporary Authority)?
The Economic Growth, Regulatory Relief and Consumer Protection Act
30
How long after the date of the application does an MLO who is changing employment from a depository institution (bank) to a state licensed mortgage company have to be registered with NMLS before using Transitional Authority?
One-year period after the date of the application.
31
How long after the date of application does a State-licensed MLOs seeking to get licensed in another state have to be licensed as an MLO continuously before using Transitional Authority?
30-day period
32
Transitional Authority allows MLO’s to originate loans for how many days while completing any state-specific requirements for licensure such as education or testing?
120 days
33
Who gives the license? State NMLSR
State the nmlsr is a system that keep the records