SAFE Mortgage Pre-Licensing

20 Hour SAFE Comprehensive
Pre-Licensing and Exam Prep
+ Wa State Law
Jillayne Schlicke

National Association of Mortgage Fiduciaries
Jillayne Schlicke

Section 1 Introduction
 Introduction of trainer
 Introduction of students
 Review the course syllabus

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Jillayne Schlicke

Section 1 Module 1.1

National exam $92
2 and a half hours
100 questions, 10 are sample questions
75% to pass
If you pass you will know your score.
If you fail, they will give you a printout showing your
strong and weak areas.
Prometric.com

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Jillayne Schlicke

Exam Components
35% Federal Law
RESPA, TILA, ECOA, FCRA, SAFE

25% General Mortgage Knowledge
programs, products, terms

25% Loan Origination
application, qualifying, title, escrow, math

15% Ethics
consumer protection, fraud, fair housing

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Exam prep basics: If you understand the purpose of each
law, you are on your way to selecting the best answer
on a multiple choice exam.

There will be two obvious wrong answers. If you know
the purpose of the law, you will be able to spot these.
Of the two that remain, one will be a little bit better
than the other.

Exam writers do not write trick questions. The language
of the test questions look tricky because you are
being tested on law and most lay people are not use
to reading law on a daily basis. This is the only fair
way to deliver a 50-state exam.
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There are many different learning styles. I will try to
touch all of these throughout the next two days.
Auditory-learns by listening
Visual-learns by processing images
Tactile-learns best when writing
Whole Body-learns best when entire body is engaged
Emotional-learns best when complex info can be tied to
an emotion
Learning disabilities-
You may be eligible for extra accommodations if you
have a diagnosed learning disability. Contact the
NMLS after reading the exam candidate handbook.

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Depository Bank Mortgage Broker Non-Depository
Checking, No ck/svgs Lender
savings Does NOT fund its Non-Bank Lender
CAN fund its own loans No ck/svgs
own loans Pure middleman CAN fund its own
LOs are loans via lines
For a fee, finds the
“registered” of credit with
mortgage money
banks
LOs are licensed.
LOs are licensed
In some states,
these LOs owe
fiduciary duties
to clients
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Section 2 Module 2.1 Title Insurance, Escrow
Secondary market
Underwriting
There are many
moving parts in Appraiser
the Mortgage Home inspector
Machine. The Loan originator
function of loan Loan processors
origination is just
Realtors/ Real estate
one piece.
brokers
Mortgage insurance
Hazard insurance
Flood insurance
State/Fed regulators
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Instructor to review how to complete a
Residential Loan Application
Assignment:
Break into small groups and talk about
sections of the loan app:
 What sections might the customers ask you
about?

 What sections might the customer consider
lying?

 What sections might the customer refuse
to provide information?

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Large group discussion:

Occupancy
Assets
HMDA
Education
DOB
Former employer
Ways of holding title
Acknowledgement, signature

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Last two most recent paystubs
Last two years W-2s
Last three months bank statements
Most recent statement on 401Ks or IRAs
Documentation of ownership of stocks, bonds
Last two months statements from any investment account
Information on current mortgage or landlord contact info
Soc number or green card for all borrowers or co-signers
Letter of explanation for any known credit problems
Documentation supporting any other income
For self employed, borrowers paid on commission or in the field
of sales, and borrowers who own other real property:
Two years signed personal tax returns including all schedules
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FIRST RATIO
PITI
Principal, Interest, Taxes, Insurance
Divided by
Total gross monthly income
=%

SECOND RATIO
PITI plus all other monthly revolving debt
Divided by
Total gross monthly income
=%

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 FHA

Review FHA PPT slides

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 Veteran’s Administration Lending (VA Loans)

See pages 10-11 in the course book

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 Conventional Lending


Review Fannie Mae Announcements:
09-34 Loan Limits
09-37 Condos
Criteria for Purchasing ARMs
Maximum Allowable Properties Financed

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 Non-Conforming Loans

See page 12 in the course book

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 QRMs

See page 13-15 in the course book

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Section 3 Credit Module 3.1

Assignment: Break into small groups.
Read the credit report.
Question: Does this person posses decent and
reasonable credit history?
If yes, why?
If no, why not?

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What’s in a FICO Score?
See course book pages 16-17

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Section 4 Title Insurance Module 4.1

What does it mean when we say we hold title
to something?

Is there a document called “title” that we
get when we buy a home?

Can we do anything we want with and to our
home and land?

How deep into the ground and how high up
do our property rights extend?

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For a one time fee, a title insurance company
will check the public records system and
disclose all matters that affect the title of
real property.

They will insure against loss and defend you
should somebody lay claim to your title.

Pay once, it’s good for as long as you or your
heirs own the property.

Starts the day of closing and looks backward
in time.
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How does a title company protect residential
homeowners and residential lenders?


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Section 4 Module 4.4 Case Study
Small group assignment:
Read the case study “John and Sara” on
page 19 of the course book.

Come up with 10 things a loan originator
must discuss/discover before moving
forward with this transaction.

10 documents
10 questions…

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Legal rights and responsibilities of a title
company.

See pages19-20 in the course book

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What is escrow?

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Section 5 Escrow
Module 5.1
Module 5.2
Module 5.3
Module 5.4
Module 5.5
Module 5.6


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Section 6 Appraisals
Module 6.1
Module 6.2
Module 6.3
Module 6.4
Module 6.5


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Section 7 Mortgage Math
Module 7.1

Module 7.2
Assignment: Complete the mortgage math
calculations together as a group.

See pages…

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Section 8 Processing and Underwriting
Module 8.1 Processing

Module 8.2 Underwriting


Module 8.3 Case Study: David and Ryan
In small groups discuss: Is this an approvable loan?
Large group recap

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Jillayne Schlicke

Section 9 Non-Traditional Lending
Module 9.1
Module 9.2
Module 9.3
Module 9.4
Module 9.5
Module 9.6
Module 9.7
Module 9.8
Module 9.9


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Washington State Law
 Mortgage Broker Practices Act
MPBA

 Consumer Loan Act
CLA

 DFI.WA.GOV
Dept of Financial Institutions

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Section 9 Assignment
Review the CSBS/AAMR Guidance on Non-Traditional
Lending

CSBS = Conference of State Bank Supervisors
AAMR = American Association of Mortgage Regulators
Oct 2006 banking regulators published guidelines on
non-trad lending. Examples:

Interest only loans
Pay option ARMs
Reduced/no documentation
Simultaneous second lien

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Jillayne Schlicke

Section 9 CSBS/AAMR Guidance
 Ability to repay

 Watch for payment shock

 Assure borrower understands the loan terms

 Avoid misleading claims…payment, rates, refi-out

 Risk management strategies

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Section 10 Ethics
Module 10.1
Module 10.2
Module 10.3
Module 10.4
Module 10.5
Module 10.6

Use the following:
Pages 44-46 in the course book
Section 10 Ethics handout

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Section 10 Module 10.1 Ethics

Law
Minimum moral standard
“Have to”

Ethics
When there’s no clear statement in the law telling
us what to do.
“Ought, should.”

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Different sources of moral authority
Religion
We can’t use religion to solve ethical dilemmas
when holding a professional role because there
are thousands of different religions in the
world. Which one would we us?
Intuition
Intuition can sometimes steer us in the wrong
direction
Emotion
“If I can’t sleep at night it’s not ethical.”
If the only reason we’re choosing to do/not do
something is out of fear, that’s a pretty low
standard of motivation 36

Jillayne Schlicke

Different sources of moral authority
Written codes of ethics
There is no source of moral authority over
LOs other than the law. What written codes
of ethics that do exist are voluntary and not
mandatory. The written codes of ethics that
exist are weak, vague, have no sanctions for
violations and in most cases, just simply re-
state federal law.
Philosophical ethics
Moral philosophical ethical theories can take
the place of a mandatory code of ethics
until one is written.
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Jillayne Schlicke

Professional Status
Specialized knowledge
Formal, pre-licensing education
Mandatory continuing education
Test
Licensing
Fiduciary Duties
Code of ethics with sanctions for violations

Compare to non-professionals such as a retail salesperson.

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Jillayne Schlicke

Section 10 Module 10.3 and 10.5
Question: Are loan originators professional?
Specialized knowledge
Formal, pre-licensing education
Mandatory continuing education
Test
Licensing
Fiduciary Duties (this is emerging in some states)

Code of ethics with sanctions for violations
(this piece is not yet in place.)

LOs are classified as “an emerging profession.”

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Assignment: Small group discussion:

What do you remember from past classes in
ethics?

What is ethics?

Think about a person you admire or look up
to as a mentor, living or dead. What do
admire about that person?

Think about an ethical dilemma you’ve faced
in your career. How did you solve your
dilemma? 40

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Assignment: Large group recap after small
group discussion, while instructor slowly
completes the slide with the three
normative moral theories.

Lacking any mandatory, prescriptive and
descriptive ethical code, this is the best
way for LOs to learn ethics. The next slide
lays out the following:

--what kind of person do I want to become?
--what duties do I have?
--what are the possible consequences?
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Aristotle Kant J.S. Mill
Respect Duty-based Utilitarianism
honesty ethics
(promotes Maximize good
autonomy) If we have a consequences for
Loyalty duty to do the most number
something, of people and also
Responsibility we ought do minimize bad
Integrity it. consequences
Beneficence for the most
Non-maleficence What I want for number of people
Compassion myself, I must
also want for
Justice the other.

384 BC-322 BC 1806-1873
1724-1804
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Moral Development

22+ The intrinsic worth, value and dignity
of all human persons.
16 to 22 Some laws might not be moral
12 to 16 Law , society’s rules
6 to 12 The good, norms, roles, shared values
3 to 5 Practical agreements
0 to 2 Morality comes from external sources

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Fiduciary Duties Come from Agency Law
Agency:
Consent by one person (principal) that the other
(agent) act on his or her behalf.

Agency can be created by oral or written
agreement OR it may be implied through
conduct.

“I can get you the best loan”
“I can get you the best rate”

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Coercion Persuasion
Manipulation

Completely Completely
Controlled Non-Controlled
Influences Influences

Substantially Substantially
Controlling Not Controlling

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What Fiduciary does will,
in good faith, advance the
interests of the client and
not the Fiduciary’s
personal interests
Duty of Loyalty
Duty of Care

Act in good faith
Reasonable person test
Informed

Section 10 Module 10.5 46

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Fiduciary Duties May Include…
1. Disclose all loan information to
the borrower
2. Act in good faith and deal fairly
3. Avoiding secret fees or
undisclosed fee splitting
4. No self dealing

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Fiduciary Duties are Higher When…

Broker/LO has higher level of knowledge,
experience, skills

Client has limited knowledge

Client is relying exclusively on you

Greater the imbalance the higher the duty

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Section 11 Fair Housing
Module 11.1
Module 11.2
Module 11.3
Module 11.4
Module 11.5
Module 11.6
Module 11.7
Page 47 in the 2012 course book
Page 37 in the 2013 course book
Fair Housing/Fair Lending
http://www.hud.gov/offices/fheo/lending/index.cfm
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1968 Civil Rights Act
Section 11 1968 Fair Housing Act
Module 11.1, 11.3 ~

Protected Classes:
Realtors and lenders Race
have great power to Color
affect neighborhoods Religion (Creed)
Sex
National Origin
Familial Status
Intent v. Effect
Sexual orientation added
in 2012
Disability
Fair Housing/Fair Lending
http://www.hud.gov/offices/fheo/lending/index.cfm
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Section 11 Module 11.2  Blockbusting

 Steering Encouraging
 Redlining
white property
Denying or Guiding owners to sell
increasing the prospective their homes at a
cost of homebuyers to loss by
services to or away from a fraudulently
residents of a specific implying that
racially neighborhood racial or
specific based on religious
geographical his/her race minorities were
area moving into
Fair Housing/Fair Lending their
http://www.hud.gov/offices/fheo/lending/index.cfm neighborhood
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Jillayne Schlicke

In Mortgage Lending: No one may take any of the
following actions based on race, color, national
origin, religion, sex, familial status or handicap
(disability):
Refuse to make a mortgage loan
Refuse to provide information regarding loans
Impose different terms or conditions on a loan, such as
different interest rates, points, or fees
Discriminate in appraising property
Refuse to purchase a loan or
Set different terms or conditions for purchasing a loan.
Fair Housing/Fair Lending http://www.hud.gov/offices/fheo/lending/index.cfm

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Jillayne Schlicke

Fair Housing Thought Questions

Should sexual orientation be added as one of the
protected classes?

Should we make a woman on maternity leave return
to work before counting her income when qualifying
for a loan?

Should we make long term disabled applicants
provide additional documentation proving that they
will stay disabled?
Fair Housing/Fair Lending http://www.hud.gov/offices/fheo/lending/index.cfm
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Section 12 Consumer Protection
Module 12.1
Module 12.2
Module 12.3

Pages 53-54 in the course book

Case Study: Carnell v. KMC Funding
Read the case. In small groups discuss the questions.
As a large group, share your anwers

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FBI
US Department of Justice
National Association of Mortgage the Public 2010-2011
Financial Crimes Report to Fiduciaries
Jillayne
http://www.fbi.gov/stats-services/publications/financial-crimes-report-2010-2011 Schlicke

Section 13 Mortgage Fraud

Module 13.1
Module 13.2
Module 13.3
Module 13.4
Module 13.5 page 41 in the 2013 course book

page 54 in the 2012 course book
FBI
Financial Crimes Report to the Public 2010-2011
http://www.fbi.gov/stats-services/publications/financial-crimes-report-2010-2011

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Fraud for Housing, or fraud for property, is
perpetrated by borrowers and/or one or more
industry professionals when they misrepresent
information on the loan application. This type of
fraud does not usually result in significant losses to
a financial institution.

.

FBI

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Fraud for profit consists of systematic transactions by
industry professionals who are attempting to steal a
significant amount of the funds associated with one or
more mortgage transactions. This type of fraud usually
involves multiple parties in various disciplines within the
mortgage industry, such as mortgage originators,
appraisers, real estate brokers, escrow closers, builders
and title companies. Fraud for profit usually results in
significant—if not catastrophic—losses to financial entities
involved in mortgage loan transactions and it is of major
concern to the mortgage industry
FBI
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Property Flipping
Silent Second
Straw Borrowers
Identity Theft
Appraisal Fraud
Foreclosure Rescue
Equity Skimming
Loan Mod Scams
Short Sale Fraud
FBI
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Red Flags

When seeking employment as an LO
When working with real estate agents or Realtors
When working with consumers

FBI

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Section 13 Modules 13.6-13.20
SARS
Suspicious Activity Reports
AML
Anti Money Laundering

Pages 46 in the 2013 course book

Financial Crimes Enforcement Network
Anti-Money Laundering Program and Suspicious Activity Report Filing
Requirements for Residential Mortgage Lenders and Originators
AGENCY: Financial Crimes Enforcement Network (‘‘FinCEN’’), Treasury.
ACTION: Final rule.
Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Rules and
Regulations Page 8159
Subpart C—Reports Required To Be Made by Loan or Finance Companies
http://www.gpo.gov/fdsys/pkg/FR-2012-02-14/pdf/2012-3074.pdf

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Section 14

Reflect on everything learned today.
…any final questions?
Preview of tomorrow.

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20 Hour SAFE Comprehensive
Pre-Licensing and Exam Prep

Jillayne Schlicke

DAY 2

Jillayne Schlicke

The Main Fed Law Acronyms
TILA
Truth in Lending Act
MDIA
Mortgage Disclosure Improvement Act
RESPA
Real Estate Settlement
And Procedures Act
ECOA
Equal Credit Opportunity Act
FCRA
Fair Credit Reporting Act
SAFE
Secure and Fair Enforcement Act 64

Jillayne Schlicke

Section 16 Truth in Lending Act
Modules 16.1-16.3
Purpose: To promote informed use of credit.
(Instead, creates mass confusion.) Gives
consumers the right to cancel some transactions
(o.o. refi), regulates variable rate loans.

TILA Disclosures: 3 days from date of application,
final disclosure at settlement

Disclosure content: variable rate features, payment
schedule, demand feature, prepayment penalty,
security interest in the property, insurance
cancellation, assumption policy.

CHARM Booklet required on ARM loans
http://www.fdic.gov/regulations/laws/rules/6500-200.html 65

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Modules 16.3
Four Government Boxes

This info must be presented in clear and conspicuous
place:

Annual Percentage Rate/APR (will cover this soon)
Finance Charge Interest + closing costs
Amount Financed Loan amount less closing costs
Total of Payment All P&I if all payments made


Jillayne Schlicke

Modules 16.4-16.5
Rescission: on an o.o. refinance, the
borrower has 3 days after signing the final
loan documents to cancel and receive a
full refund from the lender. LOs must
refund any money collected for third
party services, even if spent.

For TILA RESCISSION purposes, business
days include Saturday.

Can the 3 day right of rescission ever be
waived? Truth in Lending Act
http://www.fdic.gov/regulations/laws/rules/6500-200.html
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Section 16 TILA Module 16.4
Case Study: What is the first business day on
which funds may be disbursed if:

Closing date: Thurs, May 2

1st bus. day: Fri, May 3
2nd bus. day: Sat, May 4
Sun, May 5
3rd bus. day: Mon, May 6

The loan can fund on Tuesday May 7th
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Jillayne Schlicke

A closer look at APR (Annual Percentage Rate)

APR is a measure of the cost of credit,
expressed as a nominal yearly rate. It
relates the amount and timing of value
received by the consumer to the amount and
timing of payments made.

Disclosure of the APR is central to the
uniform credit cost disclosure envisioned by
the TILA.
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Common consumer question:
What costs are included when calculating APR?

At a typical mortgage company, software systems
are already programmed to do this for LOs.
However, customers ask questions about the TILA
disclosure forms and regulators expect licensees to
know how to answer basic questions about the
information contained in the TILA disclosure form.

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Included Excluded
Prepaid interest
Hazard Insurance
Mortgage insurance
(IF obtained from a
premiums
neutral company)
Wire transfer fees
Seller paid points
Recording fees
Document prep fee
Loan origination fee
Title insurance (lender
Mortgage broker fee policy)
Escrow (closing fee) Notary fee
Discount points Appraisal
Pest inspection (VA only when prop Credit report
is located in mod to high probability of
area of pest infestation and lender is
paying for it.
Impounds for taxes & ins
Flood Ins. premiums Flood Hazard Check
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Jillayne Schlicke

Tip: How to remember which costs are included/excluded
when calculating APR:

Costs included Costs excluded

These are costs These are costs
that benefit the that are paid to
lender or costs and benefit third
that the lender parties other than
requires in order the lender.
to obtain a loan.

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APR Tolerances…Can we make a mistake
and still be in compliance? Yes:
 Example:

|________|_______ APR 7.75_______|________|
.25 .125 .125 .25
ARM FRM FRM ARM

ARM = Adjustable Rate Mortgage

FRM = Truth in Lending ActMortgage
Fixed Rate
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Jillayne Schlicke

 Prepaids
 Prepaid finance charges = CLOSING COSTS

 Impounds = a few months payments of real estate
taxes, hazard insurance

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Section 16
Module 16.6
Truth In Lending Act Quiz

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Section 17
Mortgage Disclosure Improvement Act
MDIA
Module 17.1
Module 17.2
Module 17.3
Module 17.4
Module 17.5
Module 17.6 --take the TILA/MDIA Quiz

Pages 52+ in the coursebook
Truth in Lending Amendments
Regulation Z, Subpart C, Closed End Credit, Section 226.17,
General Disclosure Requirements Effective July 30, 2009
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Section 17 MDIA Module 17.3
We now have three categories of mortgage loans
HOEPA (Added in 1994 as Section 32 of TILA)
High cost/2nd mtg/HELOC

Higher Priced
High Risk (Added in 2009 as part of MDIA)
1.5 or more points higher (APR) FRM
3.5 or more points higher (APR) ARM
3.5 or more points higher for a subordinate
lien
QRM Qualified Residential Mortgage
(Added as part of the Dodd Frank Act of 2010)
Truth in Lending Amendments
Regulation Z, Subpart C, Closed End Credit, Section 226.17,
Definition of a QRM scheduled to Effective July 30, 2009
General Disclosure Requirements be announced in 2013 77

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MDIA Quiz

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Section 17 Module 17.6 Quiz Review
Quiz Question 7:

0 Mon Jan 5
1 Tues Jan 6
2 Wed Jan 7
3 Thurs Jan 8
4 Fri Jan 9
5 Sat Jan 10
Sun Jan 11
6 Mon Jan 12
7 Tues Jan 13

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Section 17 Module 17.6 Quiz Review
TILA Quiz Question 10

Mon July 9 Consumer must receive disclosures
Tues July 10
Wed July 11
Thurs July 12 Signing is scheduled

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Federal Reserve
National AssociationRegulation Z: Loan Originator Compensation and Steering 12 CFR 226
of Mortgage Fiduciaries
http://edocket.access.gpo.gov/2010/pdf/2010-22161.pdf Jillayne Schlicke

Section 18
Federal Reserve Board (FRB) rule
on Loan Originator Compensation
Module 18.1
Background
FTC v. Golden Empire Mortgage

Federal Reserve
Regulation Z: Loan Originator Compensation and Steering 12 CFR 226
http://edocket.access.gpo.gov/2010/pdf/2010-22161.pdf

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Section 18
Federal Reserve Board Rule on
Loan Originator Compensation
Module 18.2 Three main prohibitions:
P1: Compensation based on a transaction’s term
or conditions.

P2: Compensation by someone other than the
consumer.

P3: Prohibitions against steering.
Federal Reserve
http://edocket.access.gpo.gov/2010/pdf/2010-22161.pdf 82

Jillayne Schlicke

Section 18
P1: Compensation based on a transaction’s term
or conditions:
> Payment based on transaction terms or conditions.
> Compensation cannot go up or down based on the
loan’s terms or conditions.
> Minimum or max dollar amount of compensation
may not vary with each loan.
Federal Reserve
http://edocket.access.gpo.gov/2010/pdf/2010-22161.pdf 83

Jillayne Schlicke

Section 18
P2: Compensation by someone other than the
consumer.
If an LO will be compensated by the
consumer, the LO may not also receive
compensation from the lender funding the
loan, or any other person connected with
that transaction.
Federal Reserve
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Section 18
P3: Prohibitions against steering.

LOs may not steer a consumer to a loan only
because the LO will be compensated at a
higher rate by selling that product, unless the
loan is in the best interest of the consumer.
Federal Reserve

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Section 18
Module 18.3
Review the Section 18 Handout:
RESPA Roundup

RESPA Roundup: Compliance Guide for REPA as it applies to the Federal
Reserve Board’s MLO Compensation Rules Published on Sept 24, 2010

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Section 19
Real Estate Settlement and Procedures Act
RESPA
Modules 19.1-19.2

Applies to all federally related loans; sale or
refi, primary market loans only.
Exemptions: 25 acres or more, temporary
financing, assumptions with lender
approval, conversions (contract to deed),
secondary market transactions, vacant
property.
Which entities must comply?
http://www.hud.gov/offices/hsg/ramh/res/respa_hm.cfm
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Section 19 RESPA Modules 19.1-19.2
Which entities must comply?
Lenders (banks, brokers, etc.)
Real estate agents/Realtors
Title and XO
Appraisers
Home inspectors
Mortgage insurance companies
Credit reporting agencies
Flood hazard check companies
Attorneys
Hazard insurance companies
Home warranty companies
Builders Real Estate Settlement and Procedures Act
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Purpose
Timely disclosure of settlement costs
Limits on escrow reserve accounts
Prohibits seller-directed title insurance
Forbids kickbacks (Section 8. See next slide)
GFE and HUD 1
Disclosure of Affiliated Business Arrangements
Disclosure of potential loan servicing charges
“Settlement Cost Booklet”
Lender required use agreements

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Section 8 Referral Fees

Prohibits the giving or taking of a fee or other
thing of value for a referral involving a federally
related loan

Un-earned fee
A fee we receive but we have performed no
work in exchange for receiving the fee.

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Jillayne Schlicke


TILA/RESPA Definition of “an Application”
Financial Data
Borrower’s Name
Soc
Income
Estimated value
Loan Amount
…..
Prop address (will have this if refi, might not have
this right away if borrower is still house-shopping.)
…..
Any other info deemed necessary by the LO
http://www.hud.gov/offices/hsg/ramh/res/respa_hm.cfm 91

Jillayne Schlicke

Section 19 RESPA Module 19.3
Take the RESPA Quiz

Learn how to complete a Good Faith Estimate

See instructions from HUD
Instructions for Completing Good Faith Estimate (GFE) Form
Code of Federal Regulations
Title 24, Volume 5

See example on page 81

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Jillayne Schlicke

Section 20
RESPA Amendments in 2009
Modules 20.1
New Good Faith Estimate
Mortgage Brokers who table fund are mortgage brokers
All yield spread premium dollars credited from the
lender when a borrower selects a higher note rate is
for the borrower’s benefit.
This was a huge change for mortgage broker LOs and
many fled to non-depository lenders after these 2009
changes were enacted. Then FRB rule on LO Comp
(which went into effect April 5, 2011) disallowed
steering borrowers into a higher rate loan, solely for
the purpose of LOs making more money for all LOs no
matter where they work.
Real Estate Settlement and Procedures Act (2009 Changes)
http://www.federalreserve.gov/boarddocs/supmanual/cch/respa.pdf
93

Jillayne Schlicke

Section 20
RESPA Amendments in 2009
Modules 20.1-20.7
GFE tolerances
Violations, penalties
Definition of “An Application”
GFE delivery, loan term availability
Changed circumstances
Seller paid fees
Required use
Average charge pricing, volume discounting

RESPA Amendments Quiz
Real Estate Settlement and Procedures Act (2009 Changes)
http://www.federalreserve.gov/boarddocs/supmanual/cch/respa.pdf
94

Jillayne Schlicke

Equal Credit Opportunity Act ECOA 1974
ECOA points us toward the evaluation based on
creditworthiness only.

Nine categories; the prohibited bases:
Race
Color
Religion Equal Credit Opportunity Act

Sex
Marital Status
National Origin
Income from Public Assistance
(Age)
Whether an applicant has exercised his or her
rights under this act. 95

Jillayne Schlicke

Section 21 ECOA Module.21.2
It is a violation to discourage an applicant
from making an application for credit on a
prohibited basis.
Cannot ask an applicant if he or she receives
alimony, child support. The applicant may
volunteer such information.
You must ask if he or she PAYS alimony or
child support.
Unmarried…
ECOA requires the lender to provide a copy
of the appraisal report.
Application need not be in writing for this act
to apply.
Can we ask questions NOT related to
creditworthiness?
Adverse Action Form Equal Credit Opportunity Act

Jillayne Schlicke

Section21
Module 21.2
Equal Credit Opportunity Act ECOA
Marital Status

1. Unmarried =
Single
Divorced
Widowed

2. Married

3. Separated
Equal Credit Opportunity Act

97

Jillayne Schlicke

Section 21
Module 21.3
Equal Credit Opportunity Act ECOA
Quiz

98

Jillayne Schlicke

Fair Credit Reporting Act FCRA Fair Credit Reporting Act

Passed to ensure consumers have access to
credit information used by lenders and
others so that remedial steps could be taken
when incorrect or outdated information
remained in their file.
Purpose of a credit report:
Insurance, licensing, instruction from
consumer, extension of credit, employment,
response to a court order, potential investor
risk, other legitimate business needs.
Credit reports are deemed privileged info.
A CRA has 30 days to respond to a disputed item
Adverse Action: Name, address and phone
number of the CRA, reason, and info on how
to obtain a free copy of their report. 99

Jillayne Schlicke

Section 22
Fair Credit Reporting Act FCRA
Module 22.3 Quiz

100

Jillayne Schlicke

Section 23 Modules 23.1-23.10
Other Federal Laws Governing Mortgage Lending
HMDA Home Mortgage Disclosure Act
CRA Community Reinvestment Act
GLB Gramm Leach Bliley Act AKA Privacy Act
HOEPA Home Owner’s Equity Protection Act
Bank Secrecy Act
U.S. Patriot Act
PMI Act
FACTA Fair and Accurate Credit Transactions Act
Do Not Call

Additional Federal Laws Quiz

101

Jillayne Schlicke

ECOA Fair Housing
Race Race
Color Color
Religion Religion (Creed)
Sex
National Origin Sex
Marital Status National Origin
Income from Public Familial Status
Assistance Sexual orientation
Age added in 2012 as a
Whether an applicant protected class in all
50 states
has exercised his or
Her rights under this Disability
Act.

102

Jillayne Schlicke

Section 24
SAFE Mortgage Licensing Act
Module 24.1
The SAFE Act of 2008

SAFE = Secure and Fair Enforcement Act

 Passed in order to increase uniformity, reduce
regulatory burden, enhance consumer protection, and
reduce fraud. Establishes the Nationwide Mortgage
Licensing System and Registry.
Title V SAFE Mortgage Licensing Act of 2008
http://mortgage.nationwidelicensingsystem.org/SAFE/NMLS
%20Document%20Library/SAFE-Act.pdf
103

Jillayne Schlicke

Section 24 SAFE Act Module 24.2
“Registered Loan Originator”

An employee of:
a depository institution;
a subsidiary that is:
owned and controlled by a depository
institution AND
regulated by a federal banking agency OR

An institution regulated by the Farm Credit Admin
104

Jillayne Schlicke


State or Federally Chartered Depository
Banks:

LOs are exempt from testing and education.

NOT exempt from “registration.”

Register with the Nationwide Mortgage Licensing
System (NMLS) and will be given a unique identifier.

“Registered” LOs
105

Jillayne Schlicke

Issuance of a License:

Never revoked
No felony last 7 years
No felony at any time re fraud, dishonesty, breach of
trust, money laundering
Financial responsibility
Pre-licensing education
Written test
Net worth and surety bond
106

Jillayne Schlicke

LO exam:

75% to pass
Can retake 3 X at 30 day intervals
If fail 3 X, must wait 6 months

5 year lapse in license: must retake the test

107

Jillayne Schlicke

Continuing Ed

3 hours Federal Law
2 hours Ethics, Consumer Protection, Fraud, Fair
Housing
2 hours Non Traditional Lending
1 hour Undefined

No carry-overs
Can’t take the same class each year.
108

Jillayne Schlicke

Take the SAFE Act Quiz

109

Jillayne Schlicke

Section 25 A Look Ahead-Dodd Frank
Module 25.1 QRMs Dodd Frank Wall Street Reform and Consumer Protection Act
http://www.gpo.gov/fdsys/pkg/PLAW-111publ203/pdf/PLAW-111publ203.pdf

QRMs • High Priced • High Cost
Qualified • aka High Risk, HOEPA
Residential Subprime,
Non- Home
Mortgage
Traditional, Owner
Downpayment Non- Standard Equity
good credit Protection
• When sold on
Act
When sold on Wall St Lenders
Wall Street, NO must put aside • Junior Liens
money put 5% of the value Section 32
aside in loss of the pool of of TILA
reserves RMBS to cover
potential future
2013 losses • 1994

Jillayne Schlicke

Section 25 Module 25.2 CFPB
CFPB = Consumer Financial Protection Bureau
All federal laws governing mortgage lending are
now under the CFPB with the exception of Fair
Housing which will stay under HUD.

CFPB is currently in the process of finalizing rules
on many sections of the Dodd Frank Act and the
industry received these from the CFPB in 2013 and
the rules will go into effect no later than Jan 2014

Dodd Frank Wall Street Reform and Consumer Protection Act

111

Jillayne Schlicke

Section 25 Module 25.3 LO Comp
LO Comp rules under Dodd Frank mirror the LO
Comp rules established by the Fed Reserve Board
that went into effect April 5, 2011.

Dodd Frank Wall Street Reform and Consumer Protection Act

112

Jillayne Schlicke

Section 26 Recap and Close
Review all remaining unanswered questions.
Students complete end-of-course evaluation form.
Instructor provides end-of-course completion
certificates.

113

Jillayne Schlicke

Jillayne Schlicke
CE Forward, Inc.
National Assoc of Mortgage Fiduciaries
206-931-2241
jillayne@ceforward.com
mortgagefiduciaries.com

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SAFE Mortgage Pre-Licensing

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