Worked explanations
The paper carries one for every question, at the back. These are the three above.
Q1
C
Ch. 5: Ethics
Answer: C - Where the spouse will use or be liable on the account, or the applicant relies on the spouse's income or on community property
Because A creditor may request information about a spouse if "[t]he spouse will be permitted to use the account", "[t]he spouse will be contractually liable on the account", "[t]he applicant is relying on the spouse's income as a basis for repayment", "[t]he applicant resides in a community property state or is relying on property located in such a state", or the applicant relies on alimony, child support or separate maintenance from that spouse. 12 CFR 1002.5(c)(2)
Where the other options lead
- A.Uses marital status as the trigger. Marriage alone does not open the door. One of the five listed circumstances must be present.
- B.Uses occupancy or homestead interest. That may matter to whose signature is needed on the security instrument under § 1002.7(d)(4), not to what may be asked.
- D.Reads the rule as an absolute bar. The bar in (c)(1) is expressly subject to the five permissible inquiries.
Q2
B
Ch. 1: Federal Mortgage Related Laws
Answer: B - The transaction's APR is compared with the average prime offer rate for a comparable transaction, with different margins by lien position
Because Section 1026.32(a)(1)(i) sets the rate test by reference to the annual percentage rate applicable to the transaction exceeding the average prime offer rate for a comparable transaction by the specified number of percentage points, which differ for first liens, subordinate liens and personal property transactions. 12 CFR 1026.32(a)(1)(i)
Where the other options lead
- A.Uses the creditor's own pricing. The benchmark is an external published rate.
- C.Invents a fixed ceiling. The comparison is to a floating market benchmark.
- D.Compares the two rates on the same loan. That relationship is always present and says nothing about coverage.
Q3
A
Ch. 2: Uniform State Content
Answer: A - Examine its books and activities periodically and revoke the status if the criteria cease to be met
Because "A state must periodically examine the books and activities of an organization it determines is a bona fide nonprofit organization and revoke its status as a bona fide nonprofit organization if it does not continue to meet the criteria..." 12 CFR 1008.103(e)(7)(iii)
Where the other options lead
- B.Treats the determination as final. Periodic examination is required.
- C.Requires registration of exempt employees. The exemption is from the licensing prohibition; no separate registration is imposed by (e)(7).
- D.Invents a reporting and reliance mechanism. The determination is made state by state under state criteria and processes.