Pre-Licensure Education (PE) Topic List

The Course Provider Working Group (CPWG) reviewed the PE topic list on April 18, 2017; the Mortgage Testing and Education Board (MTEB) reviewed and approved the list on April 20, 2017.

Overview of Mortgage Lending –

  • History of the mortgage industry
    • Start of the mortgage industry
    • Events which led to the implementation of the federal laws and need for consumer protection. Role of the Mortgage Loan Originator in consumer protection.
  • The positions in the mortgage industry and their roles
    • Definition, job description, and roles of: Mortgage Loan Originator (MLO), Mortgage Broker, Mortgage Banker, Registered Mortgage Loan Originator (RMLO), mortgage lender/funder, mortgage investor, mortgage servicer, mortgage underwriter, mortgage examiner, mortgage regulator.

Regulatory Authority Who Oversee the Mortgage Industry -

  • Consumer Financial Protection Bureau (CFPB)
    • Federal oversight of the CFPB
    • Functions performed by the CFPB
    • CFPB oversight authority
    • Filing complaints with CFPB
  • Department of Housing and Urban Development (HUD)
    • Primary function of HUD
    • Programs offered by HUD
    • Number of housing agencies required to be listed on the housing counseling disclosure
    • Types of loans that trigger the requirement for a counseling agency to consult with a borrower
    • Entities that HUD oversees
    • Fair Housing Law Protections (e.g., health status, etc.)

Federal Mortgage-Related Laws –

Topics intended to satisfy the 3 hours of Federal Law

  • Real Estate Settlement Procedures Act (RESPA), 12 CFR Part 1024 (Regulation X) o RESPA origins and purpose
    • Knowledge of the prohibitions, limitations and exemptions set by RESPA
    • Types of loans to which RESPA is applicable
    • Settlement services o Required disclosures to the customer for an MLO who is also a broker
    • Bona fide discount points and application during a mortgage loan origination
    • Required information from a borrower that must be included on an application (Regulation X) o Knowledge of third party settlement service providers
    • Overview of the foreclosure process
    • Initial escrow statements
    • Changes that can be made to the HUD-1/Good Faith Estimate
    • Issuing a Good Faith Estimate when not all information has been provided
  • Equal Credit Opportunity Act (ECOA), 12 CFR Part 1002 (Regulation B)
    • Factors that cannot be used to discriminate
    • Notifying borrower of action taken
    • General permissible acts under the Equal Credit Opportunity Act
    • Circumstances when it is acceptable to deny credit/loan
    • Components of a “notice of adverse action”
    • Definition of “adverse action”
    • General provisions of Regulation B
    • Exceptions to providing the appraisal report
    • “Prohibited Factors”
    • Required disclosures when an application is denied
    • Acceptable terms used to describe marital status
    • Adverse action notice, including when multiple applicants/guarantors are on the loan request
    • “Disparate treatment” scenarios
    • Record retention timelines
    • Requirement for a co-signer
    • Factors considered when determining creditworthiness
    • Types of acceptable income considered in a loan review
    • Requests for missing application information
    • Adverse action scenarios
    • Information required on a loan application
    • Adverse action characteristics
    • Timeframe for sending an adverse action to an applicant
    • Actions an MLO should take when a borrower refuses to provide ethnic, race or gender information
  • Truth-in-Lending Act (TILA), 12 CFR Part 1026 (Regulation Z)
    • “Notice of right to rescind”
    • Permissible fees and finance charges
    • Advertisement requirements
    • Knowledge of the core concepts of the Truth-in-Lending Act
    • Total points and fee threshold
    • Definition of “finance charge”
    • Definition of “annual percentage rate”
    • Loans covered by the Truth-in-Lending Act
    • Definition of “business day”
    • Permissible annual percentage rate tolerances
    • Definition of “dwelling”
    • Definition of “residential mortgage loan”
    • Definition of “business day” in a mortgage rescission
    • Record retention timeframes
    • Classifying “seller contributions”
    • Refinancing scenarios with rights to rescind certain types of transactions
  • Home Ownership and Equity Protection Act – High-Cost Mortgage, HOEPA Sections 32 and 12 CFR Part 1026
    • Minimum term for a balloon payment
    • Examples of “covered loans”
    • What is allowed under HOEPA
    • Limitations on broker fees
    • Entity that enforces HOEPA
    • Types of loans/lines of credit subject to HOEPA
  • Higher Priced Mortgage Loans (12 CFR 1026.35)
    • Definition of “high priced/cost mortgage”
    • Prohibitions within “high priced” mortgages
    • Refinance mortgage loans
  • Loan Originator Compensation (12 CFR 1026.36(d)) o MLO compensation basis
    • The rules for who may compensate an MLO
  • TILA-RESPA Integrated Disclosure Rule (TRID) (a.k.a “Know Before You Owe”)
    • Prohibitions on discrimination
    • Disclosure timeframes
    • Section on disclosure where origination charges are reflected
    • Affiliated Business Disclosure Special Information Booklet
    • Borrower information included on Regulation Z
    • Record retention
    • Required disclosures
    • Timing of disclosures provided to an applicant
    • Types of permissible fees and finance charges
    • Circumstances under which a Loan Estimate may be amended
    • General information about the TILA-RESPA Disclosure Rule
    • Examples of “change of circumstance”
    • Borrower information that is included on an application
    • Information that must be disclosed to consumers upon request
    • Explanation of an annual percentage rate
    • Party required to provide the Loan Estimate
    • Types of loans covered under TILA
    • Actions an MLO must take when there is incomplete information on a TRID disclosure
    • Scenario violations of TRID
    • A borrower’s right to rescission
    • Definition of loan consummation
    • Information that must be disclosed on a Loan Estimate
    • Facts about Loan Estimate o Informing a borrower of other loan considerations
    • Charges/fees disclosed
    • Information included on a Closing Disclosure
    • Information that must be disclosed in an annual escrow statement
    • Acceleration definition
    • The right to receive an appraisal report
  • Home Mortgage Disclosure Act (HMDA), 12 CFR Part 1003 (Regulation C)
    • Mortgages in reportable data
    • HMDA definition of “dwelling”
    • Information included in borrower data
    • Information that a borrower must include on an application
    • Information about which an MLO should not inquire
    • Information provided by the borrower regarding the right of refusal
  • Fair Credit Reporting Act (FCRA)/Fair and Accurate Credit Transactions Act (FACTA) 15 USC § 1681 et seq.
    • Definition of a “fraud alert”
    • Information included in a “consumer report”
    • Permissible times when a credit report may be accessed
    • Requirement to develop policies and procedures regarding identity theft
    • Definition of “creditor”
    • Information included in a FACTA disclosure
    • Length of time a bankruptcy will show on a credit history
    • Credit score evaluation methods
  • FTC Red Flag rules, 16 CFR Part 681
    • Parties subject to “red flag” rules
    • Enforcement authority for “red flag” rules
  • Bank Secrecy Act/Anti-Money Laundering (BSA/AML)
    • Requirement that companies protect consumer information
    • Facts about Suspicious Activity Reports (SARs)
    • Circumstances that require filing a SAR
    • SAR privacy requirements
  • Gramm-Leach-Bliley Act (GLB) – Privacy, FTC Safeguard Rules and Do Not Call
    • Non-public information regarding a customer.
    • Permissible use of non-public information regarding a customer
    • Purpose of Act
    • Requirement for written privacy policy disclosures
    • Acceptable delivery methods for a privacy notice
    • Permissible hours for telephone calls
    • Written policies for maintaining Do-Not-Call lists
    • Precautions to protect customer information
    • Purpose of the National Do-Not-Call Registry
    • Permissible solicitation scenarios
    • Do-Not-Call request
    • Retention of information after a solicitation
  • Mortgage Acts and Practices – Advertising, 12 CFR Part 1014 (Regulation N)
    • Advertisements referring to specific credit terms
    • Length of time required to retain advertisements
    • Information required to be included in an advertisement
    • Triggering terms that require additional disclosure
    • Violations of the Act
  • Electronic Signature in Global and National Commerce Act (E-SIGN Act)
    • Required ESIGN disclosures
    • Borrower’s consent regarding access to information in electronic format
    • Requirements for maintaining records in electronic format
    • Ways to verify a borrower’s identity
  • USA PATRIOT Act
    • Primary purpose of the Act
    • Major functions of the Act
    • Confidential nature of filing reports
    • Ways to verify a borrower’s identity
    • Parties subject to the Act
    • Requirement to have a Customer Identification Program in place and verifying the identities of borrowers
  • Homeowners’ Protection Act (Private Mortgage Insurance (PMI) Cancellation Act)
    • Major functions of the Act
    • Documents that must be provided to a borrower at loan consummation
  • Dodd-Frank Act
    • Re-financing situations
    • Law oversight over TRID
    • Independent appraisal requirements

Loan Origination Activities –

Topics intended to satisfy the hours of education not specific by the SAFE Act. Terms used in the mortgage industry

  • Loan terms
    • Junior liens
    • Subordinate loans
    • Escrow accounts
    • High priced mortgages
    • Table funding
    • Rate lock agreement
    • Tolerances
    • Legal title granted via a mortgage
    • Types of mortgages a lender cannot be forced to repurchase
    • Facts on liens
    • Delinquent loan
    • High cost loans
    • Early payment default
  • Disclosure terms
    • Yield spread premiums
    • High interest rates
    • Federal mortgage loans
    • Qualified mortgage
    • Servicing transfers
    • Lender credits
  • Financial terms
    • Discount points
    • 2-1 Buy-down
    • Accrued interest
    • Loan-to-value ratio
    • Settlement
    • Finance charges
    • Loan discount point
    • Debt ratio
    • Daily simple interest
    • Premium pricing
    • Lender credit
  • General terms
    • Conveyance
    • Cash out refinance
    • Pre-paids
    • Underwriting
    • Secondary market
    • Third party providers
    • Primary mortgage market
    • Non-traditional mortgages
    • Consumer credit
    • Loan payment collection
    • Assumable loan
    • Examples of origination service
    • Assigned loan o Payment shock
    • Annual Percentage Rate (APR)
    • Average Prime Offer Rate (APOR)

Loan Inquiry and Application Process Requirements (1003)

  • Loan Requirements
    • Information on Form 1003
    • Percentage of bank account assets attributable toward a loan application
    • Handling credit
    • Report discrepancies
    • Acceptable gift donors
    • Information provided to a borrower in response to a loan inquiry
  • Loan Inquiry Process
    • Required disclosures that must be provided to a borrower in response to a loan inquiry
    • Application accuracy and required information on an application (e.g., name, SSN, address of property to be financed, estimated property value, income, loan amount)
    • Permissible questions on an application
  • Application Process
    • Questions on a Borrower Application
    • How MLOs accept loan applications
    • Offering and negotiating the terms of a loan
    • How MLOs manage information on an application
    • Service charges subject to 10% tolerance
  • Verification and documentation
    • Forms used to authorize the release of information
    • Methods of verifying income and assets
  • Percentage of bank account assets attributable toward a loan application
    • Methods of verifying employment
  • Suitability of products and programs
    • Reflecting the type of loan on a mortgage application
  • Disclosures o Information included in the Truth-in-Lending disclosure
    • Disclosures on Loan Estimates
    • Adjustable-rate mortgage loan disclosures
    • Consumer Handbook on ARMs (Charm booklet)
    • Required disclosures
    • Reverse mortgages
  • Accuracy (e.g., tolerances)
    • Scenarios and which allowable tolerance
    • Service charges subject to a 10% tolerance
  • Timing
    • Timing of notification of action taken
    • Timing of early disclosures
  • Loan Estimate
    • Timeline of when a Loan Estimate must be provided
    • Expiration of charges and terms in a Loan Estimate expire
    • Time from Loan Estimate to loan consummation
    • Exceptions to providing the Loan Estimate o Reissuing a Loan Estimate
    • Time period for the delivery of the Affiliated Business Disclosure
    • Time period for the delivery of the Special Information Booklet (Know Before You Owe)
    • Timeframe for the consideration for settlement charge before the expiration
    • Timing of the reissuing Loan Estimates
    • Timeline of the initial Loan Estimate disclosure
    • Timing of providing the appraisal report
    • Timing of tolerance corrections
  • Sending a list of counseling services
    • Shopping
  • Valid reasons for a Change in Circumstance
  • Delivery Method
    • Electronic
    • Face-to-Face
    • Standard Mail
    • Overnight Delivery
  • Closing Disclosure
    • When applicants entitled to advance inspection of a closing
    • Initial Closing Disclosure
    • Timing of Disclosures
    • Final Closing Disclosure
    • Timeframe of providing an updated closing disclosure
    • Definition of a business day for delivery purposes
  • Homeownership Counseling Disclosure

Loan Qualification Requirements, Processing, and Underwriting Borrower analysis

  • Assets
    • Acceptable assets that may be used for a down payment
    • Types of asset classifications
    • Assets permissible to be used toward reserve funds
    • Actions not permitted with respect to Verification of Deposits
  • Liabilities
    • Liabilities listed on a loan application
    • Types of liabilities
  • Income
    • Documentation required for a self-employed applicant
    • Utilizing capital gains income on an application
    • Types of applicable incomes types for loan qualification
    • Social security and/or disability income that may be applied toward a loan analysis or as qualifying income
    • Documentation of work history and income when there has been an absence in employment over 3 years
    • Calculating monthly income
  • Credit report
    • Information included on a credit report
    • Factors used in determining a credit score
  • Qualifying ratios
    • Definition of “capacity”
    • Factors when calculating the expense-to-income ratio
    • Loan to value ratios
    • Calculating the debt-to-income ratio
  • Calculating the housing to income ratio
  • Calculating the total debt ratio
  • Ability to Repay
    • Factors taken into consideration when reviewing an applicant’s ability to repay a loan
    • Methods of verifying income/assets
    • Determining a borrower’s ability to repay
    • Allowable debt to income ratio at loan consummation
    • Safe harbor provisions and scenarios
    • Ability to repay scenarios
  • Tangible net benefit
  • Occupancy types
  • Verification of Deposit scenarios
  • Appraisals
    • Purpose of appraisals
    • Market approach
    • Income approach
    • Cost approach
    • Market data approach
    • Using comparable information to establish values
    • Requirement/timeline to inform applicant of the right to receive an appraisal
    • Facts on appraisals
    • Definition of “appraisal”
    • Appraisal requirement with a high-risk mortgage
    • Definition of “appraiser”
  • Title report
    • Obtaining title reports
    • Timing of title reports and commitments
    • Preliminary Title Reports Cost approach
  • Insurance
    • Flood Insurance
    • Designates zones for flood insurance
    • Limits of flood insurance
  • Private Mortgage Insurance
    • Purpose of private mortgage insurance
    • Benefits of private mortgage insurance
    • Facts on private mortgage insurance and ratios
    • Requirement guidelines to ending private mortgage insurance
    • Loan to value ratio that triggers private mortgage insurance
  • Hazard/Homeowner Insurance
    • Forced-placed insurance

Closing

  • Title and title insurance
    • Title insurance coverage
    • Priority in multiple mortgage scenarios
    • Definition of “easement”
    • Encumbrances
    • Reconveyance
  • Settlement/Closing agent
    • Borrower/Seller’s ability to review the HUD-1 Settlement Statement
    • Eligible signatures on the security instrument
    • Use of a Power of Attorney (POA)
  • Explanation of fees
    • Fees/charges listed on HUD-1 Settlement Statement
    • Title insurance fees
    • Pre-paid fees
    • Types of escrow expenses
    • Examples of Origination fees
    • Loan origination fees
  • Explanation of documents
    • Required documents at a closing
    • Required documents when using a property as collateral
    • Note disclosures on a loan
    • Assumption clauses
    • Providing the escrow analysis statement
  • Funding
    • When does a rescission period end?
    • Funding regarding rescission periods

Financial Calculations/Mortgage Math/APR

  • Periodic Interest
    • Interest rate calculation scenarios
    • General facts
    • Interests per diem facts
  • Payments
    • Calculation scenarios for mortgage insurance
    • Calculation scenarios for interest rates
    • Calculation scenarios for monthly payments
    • Calculation scenarios for loan amounts
    • Effect of escrow on mortgage
    • Order of payments and importance of payments to the underwriting of loan
    • Closing Disclosure information
  • Down Payments
    • Calculating down payment amounts/percentages
  • Loan-to-value ratios
    • Loan-to-value ratio calculation scenarios
  • Debt-to-income ratios
    • Debt ratio calculation scenarios
    • Factors in calculating debt ratios
  • Discount Points: Fixed interest rate buy-downs
    • Permanent note
    • Definition of “discount point”
    • Discount point calculation scenarios
    • Purpose of discount points
  • Closing costs and prepaid items
    • Closing costs/pre-paid items calculation scenarios
    • Hazard insurance collection
  • ARMs (e.g., fully indexed rate)
    • Interest rate adjustment calculation scenarios
    • Payment adjustment calculation scenarios
  • Qualified Mortgage monthly payment calculations
    • Calculating the debt to income ratio

Traditional and Non-Traditional Mortgage Products –

Topics intended to satisfy the 2 hours of Non-Traditional Mortgage Lending

  • Conventional/conforming (e.g., Fannie Mae, Freddie Mac)
    • Responsibilities of Fannie Mae
    • Limits on closing cost concessions
    • Fee charges on loans with certain risk characteristics
    • Fannie Mae/Freddie Mac’s automated underwriting systems
    • Requirements when purchasing a non-owner occupied rental property
    • Acceptable down payment amounts
    • Hazard insurance requirements
    • Pre-payment requirements
  • Government (e.g., FHA, VA, USDA)
    • Definition of “FHA Mortgage”
    • Facts about FHA loans
    • Definition of “FHA”
    • Facts about VA loans
    • Prohibition on mortgage insurance
    • FHA interest rate calculation scenarios
    • Types of government guarantors
    • Definition of “entitlement”
    • Certificate eligibility requirement
    • Acceptable funds for a down payment/closing costs
    • Properties eligible for FHA purchase transactions
    • FHA loan limits
    • VA funding fees
    • Upfront mortgage insurance premiums
    • Residual income qualification test
    • Required documentation
    • Monthly mortgage insurance payment scenarios
    • Minimum down payment for an FHA loan
  • Conventional/nonconforming (e.g., Jumbo, Alt-A)
    • Facts on “jumbo loans”
    • Definition of “non-conforming” loan
    • Examples of “non-traditional loans”
    • Requirements for an escrow account associated with a “high priced loan”
    • Requirements for an escrow account associated with a “high cost loan”
    • Statement on Subprime Lending
      • Definition of “payment shock”
      • Definition of “subprime”
      • Characteristics of ARM loans
      • Definition of a debt-to-income ratio assessment
      • Examples of credit risk characteristics
      • Scenarios to determine when a balloon loan may be appropriate for a borrower
      • Characteristics of subprime borrowers
      • Characteristics of a subprime mortgage Stated income loans Non-income verifying loans
  • Guidance on Nontraditional Mortgage Product Risk
    • Characteristics of a non-traditional mortgage loan
    • Risks of non-traditional mortgage products o Re-payment capacity of a borrower
    • Identifying the right non-traditional mortgage product for borrowers
    • Communications with consumers regarding non-traditional mortgage products
  • Qualified and Non-Qualified Mortgage Programs
    • Features of a “qualified mortgage”
    • Allowable points and fees for qualified mortgages
    • Information used to determine whether a loan is “qualified”
    • Annual percentage rates that make a mortgage “qualified”
    • Categories of qualified mortgages
  • Non-qualified mortgage (Non-QM)
    • Features of a non-qualified mortgage
    • Types of non-qualified mortgages

Mortgage loan products

  • Fixed
    • Characteristics of a fixed-rate mortgage
    • Comparisons of types of loans (scenarios)
    • Situations that affect a fixed rate mortgage payment
    • Percentage of pay down required to lessen monthly payments
    • Fixed-rate mortgage loan with escrow
  • Adjustable
    • Payment options for an adjustable-rate mortgage
    • Facts on margin with respect to adjustable-rate mortgages
    • Facts on the index with respect to adjustable-rate mortgages
    • Definition of “fully indexed rate”
    • Examples of adjustable-rate mortgages
    • Scenarios resulting in a change in monthly payments
    • Facts on ARM loans
    • Fully indexed rate scenarios
    • Scenarios reflecting payments increasing/decreasing on “change date”
    • Timeline for notifying a customer of a rate change
    • Factors when determining interest rates
    • Calculating a borrower’s monthly payment
  • Balloon mortgage loan products
    • Facts about balloon mortgages
    • Types of balloon mortgages
    • Lender requirements
    • Scenarios to determine when a balloon loan may be appropriate for a borrower
  • Reverse mortgage
    • Facts on reverse mortgages
    • Payments required after closing on a conversion mortgage loan
    • Age requirements for conversion mortgages
    • Facts on “construction-to-permanent” financing programs
    • Permissible percentage of total equity allowed for withdrawal
    • Scenarios that cause the full balance to become due
    • Requirements of reverse mortgage advertisements
    • Required disclosures
  • Purchase Money Second Mortgages
  • Home Equity Line of Credit (HELOC)
    • Examples of open-ended credit loans
    • Characteristics of a HELOC
  • Fundamentals of Construction Mortgages o Definition of “construction loan”
    • Classifying the disclosure of financing by the same creditor when constructing a home
    • Required payments on a construction loan
  • Interest-only Mortgages
    • Facts about interest only loans
    • Facts on interest only payments
    • Facts on interest only mortgages
  • Other Mortgage Products

Ethics – Topics intended to satisfy the 3 hours of Ethics, Fraud, and Consumer Protection.

Ethical issues and behavior related to loan origination activities

  • Violations of law
    • Violations of Gramm-Leach Bliley Act
  • Prohibited acts
    • Examples of “redlining”
    • Acceptable/non-acceptable practices under RESPA
    • Examples of prohibited acts
    • Requests for personal information
    • Examples of “kickbacks” o Duties a loan processor may/may not perform
  • Predatory lending and steering o Definition of “steering”
    • Scenarios surrounding the proper designations of loans and property types
  • Fairness Lending
    • Definition of a referral and the required associated disclosures, if necessary
    • Coercion scenarios
    • Scenarios where the appraiser has a conflict of interest
    • Discriminating against an applicant o Requirement to treat all applicants with the same level of fairness
  • Truth in marketing and advertising
    • Scenarios where information is misleading within an advertisement
    • Bait and switch scenarios
    • Performing a due diligence review of advertisements prior to publication
    • Scenarios where “unfair, deceptive, or abusive acts” are undertaken
    • Examples of lawful advertising
    • Types of advertisements that are subject to federal regulations
    • Rules surrounding contact (e.g., “Established business relationship”)
    • Permissible statements/phrases within an advertisement
  • Borrower education
  • Fraud detection
    • Asset fraud
    • Red flags on a sales contract
    • Application red flags
    • Verifying loan application information
    • Occupancy fraud o Income fraud
    • General red flags that could represent fraud
    • Scenarios surrounding a consumer’s bank activity
    • Scenarios where information is not provided to a borrower
    • Employment fraud
    • Liability fraud
    • Suspicious activity
  • Financial responsibility
    • Permitted fees, payments, and compensation (e.g., Loan Estimate)
    • Fees that may not increase due to changed circumstances
    • How fees are handled based on the Loan Estimate
    • Closing cost scenarios
    • Settlement scenarios where monies are missing or misused
    • Scenarios surrounding referral fees
    • Splitting fees
  • Handling consumer complaints
  • Mortgage company compliance
    • Acceptable practices when acting on behalf of a lender
    • Acceptable practices regarding appraisals o Scenarios when an MLO discovers material information that should be conveyed to the lender
    • Scenarios surrounding the information supplied by employers
    • Requirements for MLOs
  • Relationship with consumers
    • Ethical handling of a customer’s personal information
    • Down payment scenarios
    • Interest rate adjustment scenarios
    • Power of Attorney (POA) scenarios
    • Permissible reasons for requesting a credit report
    • Scenarios of notifying the underwriter of a change in the borrower’s application or status
    • Proper disclosures by MLO if there is a potential conflict of interest
    • Scenarios surrounding situations with borrower’s and co-borrower’s
    • Permissible acts regarding the appraisal of a client’s property
    • Scenarios surrounding situations with borrower’s undisclosed income
    • Permissible acts after discovering deposits inconsistent with borrower’s income included on application
    • Scenarios involving a gift received by the borrower
    • Scenarios of notifying a loan officer if a borrower has applied with other companies for additional mortgages
    • Scenarios surrounding a borrower providing information on income
    • Cybersecurity scenarios
  • General business ethics
    • Scenarios where borrower has provided false information
    • Scenarios where borrower is seeking advice
    • Scenarios where the MLO is falsifying information on behalf of a borrower
    • Providing suitable unsolicited advice to a borrower
    • Scenarios where outside parties/individuals to the loan attempt to obtain information on a loan or about a borrower

Uniform State Content –

Topics Intended to Satisfy the Requirements Associated with the Uniform State Test SAFE Act and CSBS/ARRMR Model State Law

  • State mortgage regulatory agencies
    • Regulatory authority
      • Regulatory power
      • Creation and purpose of the NMLS Registry
      • Frequency of investigations and exams
      • CFPB authority to conduct exams
      • Continuing education requirements
      • Unique identifiers for MLOs
      • CFPB penalty limits
      • CFPB Loan Originator Rule
      • Authority of state regulator (e.g., audit)
    • Responsibilities and limitations
  • Definitions and Documents
    • NMLS
    • SAFE Act
    • Documents to be filed for public record
  • License Law and Regulation
    • Minimum requirements for state licensing laws
    • Persons required to be licensed
      • Services conducted by MLOs and the requirement to be licensed
      • Entities required to use MLOs
      • Allowable acts by underwriters
      • Clerical/support duties
      • Loan processors
  • Business that individuals may/may not conduct without being licensed as an MLO license
    • General business
    • Non-profit institutions
    • Business purpose loans (e.g., commercial, non-owner)
  • Licensee qualifications and application process
    • Pre-licensing education requirements
    • Background checks
    • Requirements to becoming an MLO
    • Managing felony charges
    • Waiting period for test retakes
    • Sponsorship requirement
    • “MLO” and the requirement to be licensed with a state
  • Grounds for denying a license
    • Reasons for denying an applicant
  • License maintenance
    • Continuing education requirements
    • Renewal period
    • License renewal lengths and minimum standards
    • Continuing education courses approvals
    • Withholding a record
    • Requirements to re-take exam if individual has been absent from industry
    • Requirement to maintain an active license
    • Required continuing education hours completed to renew a license
  • NMLS requirements
    • Change of employment and updating NMLS
    • Required submissions that applicants must make to the NMLS system
    • Required disclosures to NMLS
    • Requirement to publicly display an NMLS identifier
    • Requirement to include the NMLS identifier in certain situations
    • Licensed non-depository employees’- vs registered depository employees’ in NMLS
  • Compliance
    • Authority to examine licensee’s books and records
    • Prohibited conduct and practices
      • Prohibited acts
      • Requirement to obtain a unique identifier
      • Investigations by state agencies
    • Required conduct
      • Individual responsible for providing documents during a complaint investigation
      • Required information to be maintained in a loan file
      • Assumable mortgage loan products
      • Penalties assessed for failure to conduct certain duties
      • Permissible acts
      • Timeline for submitting books and records to a state regulator
      • General scenarios regarding mortgage loan origination
      • Required information on loan documents
      • Record retention requirements
    • Advertising
      • Requirement to include NMLS unique ID in advertisements