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A lender that fails to record a mortgage could find itself in the position of an unsecured creditor.

A) True
B) False

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Sierra borrows $175,000 from Regional Home Finance Corporation to buy a home. The loan is a twenty-year, 3/1 ARM, with an initial interest rate of 3.0 percent for three years and potential annual increases of up to 3.0 percent to a cap of 11.0 percent. Ten days before the loan is finalized, the lender discloses the amount of the loan principal, the initial interest rate, the initial annual percentage rate, and associated fees and costs. Before the first increase takes effect, Sierra decides that she wants to rescind the loan. What is a twenty-year, 3/1 ARM? Can Sierra rescind this loan? Why or why not?

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Any loan, including a mortgage, can have...

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To purchase a house, Clyde obtains a mortgage loan from Debit Bank. Clyde defaults on the payments on the loan. The bank has


A) the right to foreclose on the mortgaged property.
B) the obligation to forbear part or all of the payments for a limited time.
C) the obligation to refinance the loan.
D) the right to reimbursement from an insurer for the unpaid debt.

E) B) and D)
F) B) and C)

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To buy a house, Tom obtains a mortgage loan with Universal Credit Union. Later, Tom defaults on the loan. Universal informs him that the property will be sold in a foreclosure proceeding. Before the sale, to gain title and regain possession, Tom can


A) record a notice of default.
B) cancel the notice of sale.
C) ask a court for a deficiency judgment.
D) redeem the property.

E) None of the above
F) A) and B)

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To purchase a house, Becky obtains a mortgage loan from Countywide Bank. The lender should record the mortgage to


A) be officially on record as holding an interest in the property.
B) secure itself in the position of an unsecured creditor.
C) preserve a copy of the loan in a separate location.
D) obtain reimbursement for a portion of the loan if the debtor defaults.

E) B) and D)
F) None of the above

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Kelly applies for a mortgage loan at Lakeside Bank. Kelly qualifies for a fixed-rate mortgage, but the bank convinces her to take an ARM. This is


A) a proper lending practice
B) steering and targeting.
C) loan flipping.
D) a truth-in-lending act.

E) A) and C)
F) B) and D)

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The borrower need not obtain the lender's permission for a short sale.

A) True
B) False

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To buy a house, Abby obtains a mortgage loan with Beneficial Bank. Later, Abby misses six payments on the loan. To initiate a foreclosure, the bank must


A) record a notice of default.
B) receive a notice of sale.
C) ask a court for a deficiency judgment.
D) redeem the property.

E) B) and D)
F) B) and C)

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Louis applies for a mortgage loan at Market Lending LLC. The lender does not disclose all terms of the loan. This is


A) a proper lending practice
B) steering and targeting.
C) loan flipping.
D) predatory lending.

E) None of the above
F) B) and C)

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Fact Pattern 33-1 To buy a house, Mary obtains a thirty-year mortgage with an interest rate that is fixed for three years and then adjusts annually. Refer to Fact Pattern 33-1. Mary's mortgage is


A) a fixed-rate mortgage.
B) an adjustable-rate mortgage.
C) both a fixed-rate and an adjustable-rate mortgage.
D) none of the choices.

E) A) and B)
F) All of the above

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With a fixed-rate mortgage, the interest rate will


A) not change.
B) change periodically.
C) increase over time.
D) decrease over time.

E) None of the above
F) All of the above

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Art obtains a mortgage loan from Bayside Bank so that he can purchase a house. The house costs $200,000. Art makes a down payment of $20,000. Based on the amount of the price paid up front, Bayside will likely require Art to


A) purchase mortgage insurance.
B) record the mortgage loan.
C) agree to a prepayment penalty clause.
D) pay all claims against the property.

E) C) and D)
F) A) and D)

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Recording a mortgage ensures that the creditor is officially on record as holding an interest in the property.

A) True
B) False

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A notice of sale is a formal notice to a borrower who is in default that the mortgaged property has been sold in a foreclosure proceeding.

A) True
B) False

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To purchase a house, Denise obtains a mortgage loan with Employees Credit Union. Denise defaults on the payments on the loan. She agrees to submit to a court's jurisdiction, to waive any defenses as well as the right to appeal, and to cooperate with the lender. This is


A) forbearance.
B) a short sale.
C) a friendly foreclosure.
D) an improper lending practice.

E) All of the above
F) A) and B)

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The borrower is typically required to pay all property taxes, assessments, and other claims against the property.

A) True
B) False

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To initiate a foreclosure, a lender must record a notice of default with the appropriate county office.

A) True
B) False

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A prepayment penalty clause helps to protect the borrower should the lender sell the loan within a short time after issuing a mortgage.

A) True
B) False

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To protect the lender's investment, a mortgage typically requires the borrower to


A) maintain the property.
B) ensure that the mortgage complies with applicable statutes.
C) refinance within a short time after obtaining the mortgage.
D) record the loan.

E) A) and B)
F) B) and C)

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The Truth-in-Lending Act requires that disclosures of a loan's major terms be made on standard forms, using uniform formulas of calculation.

A) True
B) False

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