Worked explanations
The paper carries one for every question, at the back. These are the three above.
Q1
B
Ch. 1: Federal Mortgage Related Laws
Answer: B - No liability, notwithstanding that the rule or interpretation is later amended or determined to be invalid
Because Section 1024.4 provides that no provision of RESPA or its regulations imposing liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation or interpretation of the Bureau, notwithstanding that it is later amended or determined to be invalid. 12 CFR 1024.4
Where the other options lead
- A.Adds a form requirement. The condition is good faith conformity, not a written record of reliance.
- C.Denies the safe harbour. Section 1024.4 exists precisely to provide one.
- D.Reduces rather than removes liability. The provision removes it.
Q2
D
Ch. 5: Ethics
Answer: D - Only in the limited circumstances § 1022.30 permits
Because Section 1022.30 governs obtaining or using medical information in connection with a determination of eligibility for credit, with specified exceptions for financial information and for certain uses that benefit the consumer. 12 CFR 1022.30
Sharing medical information with affiliates is separately restricted. 12 CFR 1022.32
Where the other options lead
- A.Treats volunteering as authorisation. The restriction is on obtaining and using, not on how the information arrived.
- B.Uses relevance as the test. Relevance is exactly the argument the section forecloses outside its exceptions.
- C.Reads it as absolute. Section 1022.30 contains exceptions, including for financial information about medical debts.
Q3
C
Ch. 3: General Mortgage Knowledge
Answer: C - Refund all fees where the consumer elects not to proceed after a disclosed term changes before the plan opens
Because Section 1026.40(g) requires a creditor to refund all fees paid by the consumer in connection with an application if any term required to be disclosed under paragraph (d) changes, other than a change due to fluctuations in the index in a variable-rate plan, before the plan is opened and as a result the consumer elects not to open the plan. 12 CFR 1026.40(g)
Where the other options lead
- A.Treats the fee as earned. The refund right exists precisely because the consumer applied on different terms.
- B.Splits the fee. The regulation requires refund of all fees.
- D.Ties it to the reason for refusal. The trigger is a change in a disclosed term followed by the consumer's election not to proceed.