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 # 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 # 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.
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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.
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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.
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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