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RESPA Coverage Basics Quiz

In order for you to comply with the Real Estate Settlement Procedures Act, it is essential for you to understand its coverage provisions. Use this quiz to help you confirm you understand when RESPA does -- or does not -- apply.

At the end of the test, click the gray button to see how you did. The full set of answers appears at the bottom, along with explanations.



Question # 1 (Multiple Choice) Fred is applying for a loan to finance the purchase of a new car. Because he wants to try to qualify for the mortgage interest tax deduction, he asks you to accept a mortgage on his house, rather than the car, to secure the loan.

    A) This loan would not be subject to RESPA because it is not home purchase, improvement, or refinance.
    B) This loan would be subject to RESPA because it is to an individual, primarily for a personal, family or household purpose, and it will be secured by a mortgage on real property on which there is a 1- to 4-family dwelling.
    C) This loan would be exempt from RESPA under the abundance of caution exception.
    D) This loan falls within the conversion exception to RESPA, as it involves a car loan being converted to a home loan.

Question # 2 (True/False) RESPA is a disclosure statute. It does not specify what you can charge for. It merely governs how you document your charges and fees.

    A) True
    B) False

Question # 3 (Multiple Choice) Daphne has found a beautiful wooded lot just outside town. She comes to you for a construction loan. The term of the loan will be 22 months. With the proceeds, she will buy the lot and build the house.

    A) This loan is covered by RESPA because part of the proceeds will be used to transfer title to the first user.
    B) This loan will be exempt from RESPA because the test for RESPA is what constitutes the collateral at the time of making the loan. At the time of making the loan, the collateral will be vacant land, so RESPA will not apply.
    C) This loan is exempt from RESPA under the temporary financing exemption because it is for a term of under two years.
    D) This loan is exempt from RESPA because there is a blanket exemption for all construction loans.

Question # 4 (True/False) Rhonda is selling her house to Phoebe. Phoebe will be assuming Rhonda's mortgage loan under a provision in the mortgage that allows assumptions without lender approval. Since Phoebe will become your customer upon the consummation of the assumption, you must provide a HUD-1 to her at the time of closing.

    A) True
    B) False

Question # 5 (Multiple Choice) The mortgage servicing disclosure is required to be given in which of the following situations:

    A) On all RESPA-covered loans.
    B) On only those RESPA-covered loans which are Residential Mortgage Transactions.
    C) On only those RESPA-covered loans in which the lender is receiving a first mortgage lien.
    D) On only those RESPA-covered loans in which the lender is receiving a subordinate lien.
    E) The mortgage servicing disclosure is never required on RESPA-covered loans.

Question # 6 (True/False) Haskell is applying for a loan to purchase a mobile home that he plans to occupy as his principal dwelling. You will be receiving a security interest in his mobile home as collateral, but you will not be getting a mortgage on real property, as he intends to park it on his parent's land. This loan will not be covered by RESPA.

    A) True
    B) False

Question # 7 (Multiple Choice) Bob's business is really growing. He needs some additional cash to finance its expansion, plus, he wants to pay for a new addition to his house, so he comes to you for a loan. The collateral for the loan will be a mortgage on his house. The amount of the loan request is $82,000. Bob tells you he plans to use $48,000 of the proceeds for his business expansion.

    A) This loan will be covered by RESPA. When a loan is a mixed purpose loan, the collateral is a mortgage on a dwelling, and at least 25% of the proceeds are used for a personal purpose, RESPA applies.
    B) This loan is exempt form RESPA because home improvement loans are not covered and this is partially a home improvement loan.
    C) This loan is covered by RESPA because it is to an individual and is secured by real property upon which there is a dwelling.
    D) This loan is exempt from RESPA because it is a business loan.

Question # 8 (Multiple Choice) Nedra and Jim own a piece of property they built a home on. Now that it's paid off, they want to get a loan secured by the equity in it so they can buy an RV and travel around the country. They offer to give you a mortgage on their house and the 25 acres it sits on to secure the loan.

    A) The loan will be exempt from RESPA because it is a loan secured by 25 acres.
    B) The loan will be covered by RESPA, because in order for it to be exempt, the property would need to be OVER 25 acres.
    C) The loan will be covered by RESPA because they eliminated the exemption for large tracts of land.
    D) The loan will be covered by RESPA because it is a home equity loan.

Question # 9 (True/False) Bill and Jackie are buying an eight unit dwelling. They will occupy one of the units as their principal dwelling. They come to you seeking financing, and will be pledging the real property as collateral. This loan is exempt from RESPA.

    A) True
    B) False

Question # 10 (Multiple Choice) Linda and Sean want to refinance their existing home mortgage loan.

    A) Refinancings are not covered by RESPA if they involve the same creditor.
    B) Refinancings are not covered by RESPA unless they involve new money.
    C) All refinancings are exempt from RESPA, regardless of whether they involve the same creditor or new money.
    D) This loan would be covered by RESPA.


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Correct Answers

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Question # 1 (Multiple Choice) Fred is applying for a loan to finance the purchase of a new car. Because he wants to try to qualify for the mortgage interest tax deduction, he asks you to accept a mortgage on his house, rather than the car, to secure the loan.

Answer: (B) This loan would be subject to RESPA because it is to an individual, primarily for a personal, family or household purpose, and it will be secured by a mortgage on real property on which there is a 1- to 4-family dwelling. BACK

Question # 2 (True/False) RESPA is a disclosure statute. It does not specify what you can charge for. It merely governs how you document your charges and fees.

Answer: False

RESPA is both a disclosure statute AND a statute which prohibits the charging of certain types of charges, namely kickbacks and unearned fees. BACK

Question # 3 (Multiple Choice) Daphne has found a beautiful wooded lot just outside town. She comes to you for a construction loan. The term of the loan will be 22 months. With the proceeds, she will buy the lot and build the house.

Answer: (A) This loan is covered by RESPA because part of the proceeds will be used to transfer title to the first user.

While there is an exemption for temporary financing, there is an EXCEPTION to the exemption which provides that the exemption will not apply if the loan is used to finance transfer of title to the first user. BACK

Question # 4 (True/False) Rhonda is selling her house to Phoebe. Phoebe will be assuming Rhonda's mortgage loan under a provision in the mortgage that allows assumptions without lender approval. Since Phoebe will become your customer upon the consummation of the assumption, you must provide a HUD-1 to her at the time of closing.

Answer: False

There is an exemption from RESPA coverage for any assumption in which the lender does not have the right expressly to approve a subsequent person as the borrower on an existing RESPA-covered loan. BACK

Question # 5 (Multiple Choice) The mortgage servicing disclosure is required to be given in which of the following situations:

Answer: (C) On only those RESPA-covered loans in which the lender is receiving a first mortgage lien.

This disclosure must be given only on RESPA-covered loans which will involve a first mortgage lien. BACK

Question # 6 (True/False) Haskell is applying for a loan to purchase a mobile home that he plans to occupy as his principal dwelling. You will be receiving a security interest in his mobile home as collateral, but you will not be getting a mortgage on real property, as he intends to park it on his parent's land. This loan will not be covered by RESPA.

Answer: True

In order for RESPA to apply, the loan must be a federally related MORTGAGE loan. If the lender is not taking a lien on real property, RESPA is inapplicable. BACK

Question # 7 (Multiple Choice) Bob's business is really growing. He needs some additional cash to finance its expansion, plus, he wants to pay for a new addition to his house, so he comes to you for a loan. The collateral for the loan will be a mortgage on his house. The amount of the loan request is $82,000. Bob tells you he plans to use $48,000 of the proceeds for his business expansion.

Answer: (D) This loan is exempt from RESPA because it is a business loan.

Loans that are primarily for a business, commercial, or agricultural purpose are exempt. Since more than 50% of the proceeds will be used for the business purpose, this is considered primarily a business loan. BACK

Question # 8 (Multiple Choice) Nedra and Jim own a piece of property they built a home on. Now that it's paid off, they want to get a loan secured by the equity in it so they can buy an RV and travel around the country. They offer to give you a mortgage on their house and the 25 acres it sits on to secure the loan.

Answer: (A) The loan will be exempt from RESPA because it is a loan secured by 25 acres.

There is an exemption under RESPA for a loan on property of 25 acres or more. BACK

Question # 9 (True/False) Bill and Jackie are buying an eight unit dwelling. They will occupy one of the units as their principal dwelling. They come to you seeking financing, and will be pledging the real property as collateral. This loan is exempt from RESPA.

Answer: True

This would be exempt for two reasons: first, because it is not secured by a one- to four-family dwelling; second, because this would be considered a business purpose loan. BACK

Question # 10 (Multiple Choice) Linda and Sean want to refinance their existing home mortgage loan.

Answer: (D) This loan would be covered by RESPA.

Extensions of credit AND refinancings are covered by RESPA, so long as none of the other exemptions apply and the loan will be secured by a mortgage on property on which there is or will be a one-to four-family dwelling. BACK

This quiz was written 10/14/00.

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