Question: The main differences between the Real Estate Settlement Procedures Act (RESPA) and the Truth in Lending Act (TILA) is: RESPA deals with the cost of
The main differences between the Real Estate Settlement Procedures Act (RESPA) and the Truth in Lending Act (TILA) is:
| RESPA deals with the cost of the mortgage and settlement cost disclosures to be made to buyers prior to closing, and TILA deals with selecting a mortgages and obtaining a disclosure of the loan terms. | ||
| RESPA deals with selecting a mortgages and obtaining a disclosure of the loan terms, and TILA deals with the cost of the mortgage and settlement cost disclosures to be made to buyers prior to closing. | ||
| RESPA is a federal statute while TILA is a state statute. | ||
| RESPA contains Regulation Z, while TILA does not. |
Violations of RESPA can result in:
| Civil penalties | ||
| Criminal penalties | ||
| Civil and criminal penalties | ||
| Equitable remedies | ||
| Equitable remedies or civil penalties |
A borrower must be provided a ____ when ____.
| GFE; closing occurs | ||
| HUD-1 Settlement Statement; closing occurs | ||
| GFE; when closing occurs or before | ||
| HUD-1 Settlement statement; when closing occurs or before |
A lender must provide a loan applicant ____ within ____ after receiving the loan application.
| A Special Information Booklet explaining RESPA; three business days | ||
| A GFE; 3 days | ||
| A Special Information Booklet explaining RESPA and a GFE; three business days | ||
| A Special information Booklet explaining RESPA; five business days |
What does a Good Faith Estimate summarize?
| Anticipated closing costs | ||
| Anticipated selling price | ||
| Anticipated closing costs and selling price | ||
| Actual closing costs and purchase price | ||
| Anticipated closing costs and actual purchase price |
Following a loan application, a mortgage broker must:
| Provide borrowers with a Special Information Booklet explaining RESPA within 3 days | ||
| Orally explain RESPA at the time of the initial application | ||
| Provide borrowers with a Special Information Booklet explaining RESPA if they decide to continue with the loan | ||
| Orally explain RESPA if the borrowers decide to continue with the loan | ||
| None of the above |
The Good Faith Estimate (GFE):
| Provides a summary of the anticipated settlement costs the buyer is likely to pay at closing. | ||
| Explains RESPA and contains consumer information relating to real estate settlement services. | ||
| Is an appropriate substitute for a HUD-1 Settlement Statement. | ||
| Must accurately depict anticipated settlement costs the buyer is likely to pay at closing under a 10% tolerance. |
Under RESPA, mortgage loan originators are required to disclose:
| If they hold less than 1 percent interest in a settlement provider the loan originator directly or indirectly refers business to. | ||
| If they hold more than 1 percent interest in a settlement provider the loan originator directly or indirectly refers business to. | ||
| A Special Information Booklet explaining their services. | ||
| Mortgage loan originators are protected under RESPA and are not required to make any disclosures regarding their business. |
If not agreed upon in advance, the closing expenses for a real estate transaction are allocated:
| To the seller | ||
| To the buyer | ||
| Half to the seller and half to the buyer | ||
| To the escrow agency | ||
| According to the local real estate industry practices |
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