究極のガイド準備MLO認証試験SAFE MLOは2025年更新
リアルMLO問題集でNMLS正確なアンサーは最新問題は2025年更新
質問 # 39
An individual who is a loan processor or underwriter must maintain a state originator license if they:
- A. are an employee of a loan processing or underwriting company that supports a mortgage broker/lender and only perform supervised clerical duties.
- B. perform clerical duties for a mortgage lender as a supervised employee
- C. are an independent contractor and collect, receive or distribute information in connection with making a credit decision.
- D. are not in communication with the consumer to obtain mortgage loan information.
正解：C
解説：
An individual who is an independent contractor and performs loan processing or underwriting activities must maintain a state originator license if they collect, receive, or distribute information in connection with making a credit decision. This is because independent contractors are not considered supervised employees, and their work directly impacts the loan approval process.
* In contrast, employees of a mortgage lender who perform clerical duties (A) under supervision do not need a state license, nor do those who do not interact with consumers (B).
References:
* SAFE Act, 12 USC §5101
* NMLS Licensing Guidelines for loan processors and underwriters
質問 # 40
The appraiser valuation independence obligates appraisers to perform their duties in a manner free from outside influence through which of the following actions?
- A. Communication directly between the loan officer and the appraiser
- B. Asking the appraiser to substantiate a value
- C. Encouraging a target value
- D. Withholding payment from an appraiser
正解：B
解説：
Under the Appraiser Independence Requirements (AIR), appraisers are obligated to perform their duties free from outside influence or coercion. Asking the appraiser to substantiate a value is permissible because it falls within the scope of ensuring an accurate and credible appraisal. However, it is not permissible to pressure the appraiser into achieving a target value (A) or to withhold payment (B) for unfavorable valuations.
* Direct communication between the loan officer and the appraiser (D) may be restricted or controlled to prevent undue influence.
References:
* Dodd-Frank Act, Appraisal Independence Rules
* CFPB Valuation Independence Requirements
質問 # 41
What is the maximum civil penalty that is permitted to be imposed for each violation or failure to comply with the SAFE Act?
- A. $2,500 for each act or omission; $25,000 maximum
- B. $25, 000 for each act or omission: $250,000 maximum
- C. $2,500 for each act or omission
- D. 000 for each act or omission
正解：C
解説：
Under the SAFE Act (Secure and Fair Enforcement for Mortgage Licensing Act), the maximum civil penalty for each violation or failure to comply is $25,000 per act or omission. This applies to mortgage loan originators (MLOs) and others who violate licensing or regulatory requirements under the SAFE Act.
Violations can include actions such as failing to obtain proper licensure or engaging in fraudulent lending practices.
References:
* SAFE Act, 12 USC §5107
* NMLS Enforcement Guidelines
質問 # 42
Prepaid charges include which of the following items?
- A. Origination fee
- B. Per diem interest
- C. Credit report fee
- D. Conveyance tax
正解：B
解説：
Prepaid charges refer to certain upfront costs paid at closing. These include:
* Per diem interest (D), which covers the interest from the closing date to the end of the month.
Other items like origination fees (A), credit report fees (B), and conveyance taxes (C) are not considered prepaid charges; they are typically categorized as closing costs or settlement fees.
References:
* Real Estate Settlement Procedures Act (RESPA)
* TILA-RESPA Integrated Disclosures (TRID)
質問 # 43
According to the Truth in Lending Act (TILA), the term "finance charge" includes which of the following charges?
- A. Seller's points offered to reduce the borrower's closing costs
- B. A standard credit application fee charged to all loan applicants
- C. Daily or per diem interest paid by borrower
- D. Document preparation fees for items such as mortgages and deeds
正解：C
解説：
Under TILA, the term finance charge includes any fees related to the cost of borrowing, such as daily or per diem interest paid by the borrower. The finance charge encompasses all charges imposed by the creditor as a condition of extending credit, including interest, points, and loan origination fees.
* Seller's points (B) are not part of the finance charge because they are paid by the seller.
* Standard application fees (C) and document preparation fees (D) are typically excluded unless they are specifically tied to the cost of obtaining credit.
References:
* Truth in Lending Act (TILA), 12 CFR §1026.4
* CFPB Finance Charge Definition
質問 # 44
Upon becoming employed by a state-licensed mortgage company, an individual who works for a depository institution as a mortgage loan originator (MLO) shall not be deemed to have temporary authority to act as an MLO in an application state if which of the following events has occurred?
- A. The individual has been subject to a court order for payment of child support.
- B. The individual has submitted an application to be a state-licensed MLO in the application state and was registered in the NMLS as an MLO by the prior employer.
- C. The individual had an application for an MLO license denied or an MLO license revoked or suspended in any Governmental jurisdiction.
- D. The individual has been a witness in a trial at which the defendant was convicted of felony fraud.
正解：C
解説：
An individual who had their MLO license application denied, or had a license revoked or suspended in any governmental jurisdiction, is not eligible for temporary authority to act as a mortgage loan originator (MLO) under the SAFE Act. Temporary authority allows registered MLOs who move to a state-licensed mortgage company to act as MLOs while their application for a state license is being processed. However, individuals with disqualifying events, such as prior license denial or revocation, lose this privilege.
Other options:
* Court orders for child support (B) and being a witness in a trial (A) do not disqualify individuals from obtaining temporary authority.
References:
* SAFE Act, 12 USC §5101
* NMLS Temporary Authority to Operate Guidelines
質問 # 45
An appraiser agrees to give a mortgage loan originator (MLO) half of her appraisal fees in return for the MLO's future business. This illegal practice is known as:
- A. blockbusting.
- B. redlining.
- C. fee splitting.
- D. paying it forward.
正解：C
解説：
Fee splitting is the illegal practice where a mortgage loan originator (MLO) and another party, such as an appraiser, share fees in exchange for referrals or future business. This is prohibited under the Real Estate Settlement Procedures Act (RESPA), which bans kickbacks, referral fees, and unearned fees between settlement service providers.
In this case, the appraiser offering to give the MLO half of her appraisal fees in exchange for future business is a clear violation of RESPA's anti-kickback provisions. Fee splitting can lead to inflated costs for consumers and undermines the integrity of the mortgage process.
Other options:
* Redlining (A) refers to discriminatory lending practices based on geography.
* Blockbusting (C) refers to discriminatory real estate practices.
* Paying it forward (D) is not a term in the context of mortgage lending.
References:
* RESPA (Real Estate Settlement Procedures Act), Section 8
* CFPB RESPA guidelines
質問 # 46
Which of the following scenarios describes a form of steering?
- A. A loan officer presents a consumer with loan options from multiple creditors with various fees.
- B. A loan officer presents a consumer a loan with the terms a consumer requested that has higher fees than a product the loan officer is able to offer.
- C. A loan officer presents a consumer with a loan that has the lowest total amount of fees.
- D. A loan officer presents a consumer loan options from a particular lender for a higher level of compensation.
正解：D
解説：
Steering occurs when a loan officer influences or directs a borrower towards a specific loan product or lender based on the compensation the loan officer will receive, rather than the borrower's best interests. In Option C
, the loan officer is steering the borrower to a loan from a particular lender to earn higher compensation, which is prohibited under the Dodd-Frank Act and TILA's Loan Originator Compensation Rule.
Other options:
* Option A describes offering a loan with higher fees, but it does not indicate that compensation is the motive, so it is not a clear example of steering.
* Option B and Option D describe fair loan presentation practices.
References:
* Dodd-Frank Act, Loan Originator Compensation Rule
* Truth in Lending Act (TILA), 12 CFR Part 1026
質問 # 47
Which of the following reasons is acceptable for denying a loan under the Equal Credit Opportunity Act (ECOA)?
- A. Marital status
- B. Immigration status
- C. Receipt of child support
- D. Country of birth
正解：B
解説：
Under the Equal Credit Opportunity Act (ECOA), lenders can deny a loan based on immigration status, as it directly relates to the borrower's ability to legally reside and work in the country. Lenders must ensure that the borrower has the legal capacity to enter into a binding contract and that they are authorized to work in the U.S. for the loan's duration.
* Receipt of child support (A), marital status (C), and country of birth (D) are protected characteristics under ECOA, meaning a lender cannot deny credit based on these factors.
References:
* Equal Credit Opportunity Act (ECOA), 15 U.S.C. §1691
* CFPB Regulation B
質問 # 48
Which of the following statements defines the term "business day" in a mortgage rescission under the Truth in Lending Act (TILA)?
- A. Every day from 9 a.m. to 5 p.m.
- B. Any days except Saturdays and Sundays
- C. Any days that employees may access the office to work
- D. Every day except Sunday and legal holidays
正解：D
解説：
Under the Truth in Lending Act (TILA), for mortgage rescission purposes, a business day is defined as every day except Sunday and legal holidays. This definition applies to the three-business-day right of rescission period, during which a borrower can cancel certain refinance or home equity transactions.
* The right of rescission allows the borrower three business days after signing the loan documents to cancel the loan without penalty.
References:
* Truth in Lending Act (TILA), 12 CFR §1026.2(a)(6)
* CFPB Guidelines on rescission rights
質問 # 49
Which of the following federal laws requires mortgage lenders to adopt and follow anti-money laundering (AML) rules and regulations?
- A. The Real Estate Settlement Procedures Act
- B. The Bank Secrecy Act
- C. The National Bank Act
- D. The National Currency Act
正解：B
解説：
The Bank Secrecy Act (BSA) requires mortgage lenders and other financial institutions to adopt anti-money laundering (AML) policies to detect and prevent money laundering and other financial crimes. Under BSA, lenders must:
* Implement a written AML compliance program.
* Report suspicious activities using Suspicious Activity Reports (SARs).
* Maintain records and report large cash transactions to prevent illegal financial activities such as money laundering and fraud.
Other laws mentioned:
* The National Bank Act and National Currency Act focus on the regulation of national banks.
* The Real Estate Settlement Procedures Act (RESPA) addresses settlement and disclosure requirements but does not cover AML rules.
References:
* Bank Secrecy Act (BSA)
* Financial Crimes Enforcement Network (FinCEN) guidelines
質問 # 50
Which of the following federal laws requires disclosures intended to prevent lenders or mortgage loan originators (MLOs) from increasing fees during the origination process?
- A. Home Mortgage Disclosure Act (HMDA)
- B. Equal Credit Opportunity Act (ECOA)
- C. Truth in Lending Act (TILA)
- D. Real Estate Settlement Procedures Act (RESPA1)
正解：D
解説：
The Real Estate Settlement Procedures Act (RESPA) requires disclosures intended to prevent lenders and mortgage loan originators (MLOs) from increasing fees during the loan origination process. RESPA mandates the disclosure of estimated fees through the Loan Estimate (LE) and ensures that fees do not change substantially from the Loan Estimate to the final Closing Disclosure (CD) unless specific conditions justify the changes. This protects borrowers from "fee increases" during the settlement process.
* While TILA (A) deals with disclosure of loan terms and APR, RESPA (D) focuses specifically on fees and closing costs during origination.
References:
* RESPA (Real Estate Settlement Procedures Act), 12 USC §2601
* CFPB RESPA Guidelines on fee tolerances
質問 # 51
During the loan application process, which of the following documents specifies the time period that a mortgage lender agrees to hold the mortgage interest rate at a certain percentage?
- A. Rate lock agreement
- B. Loan application
- C. Closing Disclosure
- D. Preapproval letter
正解：A
解説：
A rate lock agreement is the document that specifies the time period during which a mortgage lender agrees to hold the interest rate at a certain percentage for the borrower. It guarantees that the rate will not change, even if market interest rates fluctuate, as long as the loan closes within the agreed-upon timeframe.
* The loan application (A) initiates the mortgage process, but it does not secure the interest rate.
* A preapproval letter (B) gives a preliminary loan approval but does not lock the rate.
* The Closing Disclosure (C) provides final loan terms but does not set the rate lock.
References:
* Fannie Mae and Freddie Mac rate lock policies
* CFPB Guidelines on rate lock agreements
質問 # 52
Which of the following responses describes the main purpose of the secondary market?
- A. To fund additional loans
- B. To service second mortgage loans
- C. To fund second mortgage loans
- D. To fund a second home loan
正解：A
解説：
The main purpose of the secondary market is to fund additional loans by allowing lenders to sell existing mortgages to investors. This process replenishes the lender's capital, enabling them to originate more loans.
The secondary market is where mortgage-backed securities (MBS) are bought and sold, providing liquidity to the mortgage market.
* Other options such as funding second mortgages or second home loans are specific transactions that do not capture the overall purpose of the secondary market.
References:
* Fannie Mae and Freddie Mac Secondary Market Guidelines
* HUD Secondary Mortgage Market Overview
質問 # 53
A real estate broker overhears her buyer discussing what she believes to be illegal activities while on a phone conversation. The real estate broker notifies the buyer's mortgage loan originator (MLO) that the borrower may be using illegally acquired funds as down payment for this property. The MLO decides to report some suspicious cash deposit transactions found in the borrower's bank records. Under the Patriot Act, the MLO may discuss the filing of this report with which of the following parties, if any?
- A. All parties involved in the transaction
- B. His loan processor
- C. The buyer's agent
- D. The report Is not permitted to be discussed with any parties involved in the transaction.
正解：D
解説：
Under the USA Patriot Act, if a Suspicious Activity Report (SAR) is filed due to potential illegal activities, the MLO (Mortgage Loan Originator) is prohibited from discussing the filing of the SAR with any parties involved in the transaction, including the buyer's agent, loan processor, or any other party. This prohibition ensures that the investigation is not compromised and that the confidentiality of the report is maintained.
* Discussing the SAR with any party is considered a violation of anti-money laundering (AML) rules.
References:
* USA Patriot Act, Anti-Money Laundering Provisions
* FinCEN Guidelines on SAR Confidentiality
質問 # 54
A borrower works at Company XYZ and was recently approved for a cash-out refinance of her primary residence. The closing is scheduled for Friday. On Monday of closing week, the mortgage loan originator (MLO) sees on the local news that XYZ is closing and the employees have been let go. Which of the following actions, if any, should the MLO take?
- A. Nothing, as the loan has already been approved
- B. Recommend that the borrower attend homeownership counseling
- C. Tell the borrower not to say anything at closing
- D. Notify the underwriter regarding possible change of borrower's employment status
正解：D
解説：
If the mortgage loan originator (MLO) becomes aware of a potential change in the borrower's employment status, such as the company closing and the borrower being laid off, the MLO must notify the underwriter.
The borrower's ability to repay the loan could be impacted by the job loss, and failing to update the underwriter would be a violation of proper lending practices.
* Ignoring the information or withholding it (Options A and B) could lead to loan default and is unethical.
* Homeownership counseling (C) is beneficial but not relevant to the immediate concern of loan approval and repayment ability.
References:
* TILA and Ability-to-Repay Rule (ATR)
* Fannie Mae Guidelines for employment verification
質問 # 55
The characteristics of a fixed-rate mortgage include a:
- A. fixed interest rate.
- B. fixed margin.
- C. minimum balloon payment.
- D. mandatory 30-year term.
正解：A
解説：
A fixed-rate mortgage is characterized by a fixed interest rate that remains constant throughout the life of the loan, ensuring that the borrower's monthly principal and interest payments remain the same over time.
This is the defining feature of a fixed-rate mortgage.
Other options:
* A fixed margin (A) applies to adjustable-rate mortgages (ARMs).
* Mandatory 30-year terms (C) and balloon payments (D) are not characteristics of a fixed-rate mortgage, as fixed-rate loans can have varying term lengths (15, 20, or 30 years) without balloon payments.
References:
* Fannie Mae Selling Guide on fixed-rate mortgages
* Freddie Mac Mortgage Products
質問 # 56
Which of the following is an origination fee?
- A. Underwriting fee
- B. Title insurance fee
- C. Prepaid Interest fee
- D. Appraisal fee
正解：A
解説：
An underwriting fee is considered an origination fee because it is a charge for the lender's services in processing and evaluating the mortgage application. Origination fees include any fees associated with creating and underwriting the loan.
* Appraisal fees (A), title insurance fees (C), and prepaid interest fees (D) are not considered origination fees; they are separate charges related to third-party services or pre-paid interest.
References:
* TILA-RESPA Integrated Disclosure Rule (TRID)
* CFPB Mortgage Origination Fee Guidelines
質問 # 57
If an applicant provides a waiver for the requirement to receive their appraisal three business days prior to a loan's consummation and the transaction ends up not closing at all, a creditor must still provide a copy of the appraisal no later than how many days after the creditor determines consummation will not occur?
- A. 10 days
- B. 60 days
- C. 45 days
- D. 30 days
正解：D
解説：
According to ECOA (Equal Credit Opportunity Act) and Regulation B, if a borrower waives the right to receive their appraisal three business days before consummation, and the transaction does not close, the creditor must still provide a copy of the appraisal within 30 days of determining that the loan will not consummate.
* This ensures that borrowers still receive essential documentation, even if the loan fails to close.
References:
* ECOA (Equal Credit Opportunity Act), 12 CFR §1002.14(a)(1)
* CFPB Guidelines on appraisal delivery timelines
質問 # 58
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