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Mortgage Licensing · SAFE Act

Mortgage Licensing Ethics and Fair Lending

Fair lending laws, prohibited practices, and ethical standards for mortgage loan originators.

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What does SAFE stand for in mortgage licensing?
Secure and Fair Enforcement for Mortgage Licensing Act
What is the primary requirement of the SAFE Act for mortgage loan originators?
Licensing and registration with the Nationwide Multistate Licensing System (NMLS)
What is steering in mortgage lending?
Directing borrowers to less favorable loan terms based on protected characteristics rather than financial qualifications
What is redlining?
Denying credit or imposing unfavorable terms based on neighborhood or property location, often correlated with race or ethnicity
What does the Fair Housing Act prohibit in mortgage lending?
Discrimination based on race, color, religion, sex, handicap, familial status, or national origin
What does the Equal Credit Opportunity Act (ECOA) protect?
Prohibits discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or participation in public assistance programs
What is predatory lending?
Unfair or deceptive practices that take advantage of borrowers' lack of knowledge, inability to pay, or other vulnerabilities
What is loan flipping?
Repeatedly refinancing a loan with little or no benefit to the borrower and charging fees each time
What is packing in mortgage lending?
Adding unnecessary products, services, or warranties to a loan without the borrower's knowledge or consent
What does the Truth in Lending Act (TILA) require?
Clear, accurate disclosure of credit terms including APR, finance charges, payment schedule, and other material terms
What must be disclosed about Adjustable Rate Mortgages (ARMs)?
Initial rate, adjustment schedule, index and margin used, rate caps, and worst-case payment scenario
What is Annual Percentage Rate (APR)?
The yearly cost of credit expressed as a percentage, including interest and fees, required to be disclosed by TILA
What is a qualified written request under TILA?
A written request for an accounting or information regarding an account that the servicer must respond to within specified timeframes
What are the rules governing mortgage escrow accounts?
Lenders must maintain accounts for taxes and insurance, conduct annual escrow analyses, and limit permitted balances and shortages
What is a reverse mortgage?
A loan that allows homeowners age 62 and older to convert home equity into cash while retaining ownership

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