Chap 008
Chap 008
Chap 008
Question 8-1
What is the legislative intent of federal truth-in-lending disclosures, and what specific disclosures are required
under the act?
The intent of FTL legislation is to require that lenders disclose to borrowers financial information contained in
loan agreements in a uniform manner. This is required so that borrowers can compare the cost of loan offers
from different lenders. It should be stressed that FTL legislation does not attempt to regulate the cost of
mortgage credit, but it mandates uniform disclosure of the cost of credit.
Question 8-2
When would the cost of credit life insurance be included in the finance charge of an APR calculations for the
truth-in-lending disclosures?
Question 8-3
What assumptions about future composite rate of interest on an adjustable rate mortgage is made when
determining the APR for federal truth-in-lending disclosures?
The initial rate of interest remains unchanged over the life of the loan.
Question 8-4
List the closing cost items, which require RESPA disclosure. What items may be excluded from disclosures under
the act? What form can these disclosures take?
The estimates provided by the lender generally cover costs in the following categories: (a) title search, (b) title
examination and opinion, (c) title insurance, (d) attorney’s fee, (e) preparation of documents, (f) property survey,
(g) credit report, (h) appraisal (i) pest inspection, (j) notary fees, (k) loan closing service fee, (l) recording fees
and any transfer tax, (m) loan origination fees, (n) discount points, (o) mortgage insurance application fees, (p)
assumption fees, (q) mortgage insurance premiums, (r) escrow fees (fees charged for setting up escrow
accounts), and (s) prepaid mortgage interest.
In addition, it is suggested, but not required, that the lender disclose (a) hazard insurance premiums and (b)
escrow deposits for mortgage insurance, hazard insurance, and property taxes, if these amounts are known at the
time of the advance disclosure. In practice, it would be difficult for the lender to know these latter two amounts
three days after the borrower has applied for a loan. Although these two items are not likely to be estimated by
the lender at the time of the advance disclosure, they will be charged to the borrower at the time of closing.
The form of the advance disclosure may vary from lender to lender and still remain within the requirements of
the act. Typically, the disclosure will be made in dollar amounts which will be estimates of the cost of
settlement services which are to be performed. However, it is also acceptable for the lender to disclose ranges
for settlement costs. For instance, a loan origination fee could be stated as ranging from $1,500 to $2,000 in the
lending area where the settlement is to occur. However, the lender may not disclose a range if a specific party is
required by the lender to provide a settlement service. In this case, a specific dollar amount is required. Also,
the lender is under no requirement to redisclose if the estimates of settlement services provided to the borrower
change prior to the time of closing.
Question 8-5
What types of fees and conditions are prohibited under RESPA?
8-1
This study source was downloaded by 100000830498006 from CourseHero.com on 03-30-2022 11:51:01 GMT -05:00
https://www.coursehero.com/file/6951292/Chap008/
Question 8-6
For what items may a lender require escrow accounts from a borrower?
8-2
This study source was downloaded by 100000830498006 from CourseHero.com on 03-30-2022 11:51:01 GMT -05:00
https://www.coursehero.com/file/6951292/Chap008/
Solution to Problems - Chapter 8
Underwriting and Financing Residential Properties
Problem 8-1
(a) To determine the APR:
Yield = 9.27%
APR = 9.25%
(b) The APR calculated above, in all likelihood, will not be the yield that the lender receives, because the
mortgage will not be held to its full term. If the borrower prepays the loan ahead of schedule, the lender’s
yield will be higher. However, one of the main economic reasons that the borrower prepays is to obtain
financing at a lower interest rate.
Problem 8-2
(a) ARM with 2% annual cap & 5% life cap; negative amortization allowed.
Composite Composite
Interest Interest Actual Monthly
Rate Rate Balance Borrower Interest Monthly Annual
Year (Uncapped) (Capped) (EOY) Payments (13%/12) Amort Amort
0 $67,400.00
1 13.00% 10.00% 69,167.03 $591.48 $730.17 ($138.68) ($1,767.03
2 13.00% 12.00% 69,616.26 714.05 749.31 (35.26) (449.23)
3 13.00% 13.00% 69,351.93 774.92 754.18 20.75 264.33
8-3
This study source was downloaded by 100000830498006 from CourseHero.com on 03-30-2022 11:51:01 GMT -05:00
https://www.coursehero.com/file/6951292/Chap008/
To solve for the APR:
(b) The disclosures must be completed three days after application is made by the borrower.
The APR disclosure aids the borrower in understanding the effective cost of credit with all fees and charges added to the
loan. It makes comparison between loans easier.
However, the APR on an ARM will almost certainly not reflect the true cost of funds to the borrower, indeed, the APR
on an ARM assumes that the composite rate on the ARM will remain constant over the life of the loan and generally, this
is not the case.
Problem 8-3
Borrower/Buyer: Seller:
Loan related:
Loan origination fees $ 2,100.00 Sale Price $ 105,000.00
Prepaid interest 9/22-9/30 Less: Commission 6,300.00
[(.10*84,000)÷365*9 days] 207.12 Recording fee 5.00
Hazard insurance premium 420.00 Mortgage payoff 32,715.00
Hazard insurance escrow 70.00 Add: Property tax
Other: Refund/Proration 221 .37
Property tax refund due seller 221.37 Amt due seller $ 66,201 .37
Property tax escrow 133.33
Recording fees/doc prep. 200.00
Attorney’s fees-Prudent 150.00
Title insurance 400.00
Transfer tax 225.00
Recording fees/mortgage 30.00
Pest inspection 50.00
Closing fee 125 .00
Total fees $ 4,331.82
*Note: Seller pays $800 or a full year’s property tax in advance on January 1 but owns the property for only 264 of the
365 days in the year. Therefore the buyer will own the property for 101 days during the year and will reimburse the
seller for (101 ÷ 365) * 800 or $221.37.
8-4
This study source was downloaded by 100000830498006 from CourseHero.com on 03-30-2022 11:51:01 GMT -05:00
https://www.coursehero.com/file/6951292/Chap008/
(b) APR Calculation:
Total $2,307.12
8-5
This study source was downloaded by 100000830498006 from CourseHero.com on 03-30-2022 11:51:01 GMT -05:00
https://www.coursehero.com/file/6951292/Chap008/
Powered by TCPDF (www.tcpdf.org)