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A married couple purchased a home together 3 years ago. Now they are divorcing, and one spouse wants to refinance the existing mortgage to remove the other spouse from the loan while keeping the same loan amount. The spouse remaining on the loan will be the sole borrower. How is this transaction classified?

Correct Answer

C) Rate-and-term refinance because no cash is being taken out beyond closing costs

This is a rate-and-term refinance under TRID regulations. Even though there's a change in borrowers, if no cash is taken out beyond closing costs and the primary purpose is to modify loan terms (removing a borrower), it's classified as rate-and-term refinance, not a cash-out transaction.

Answer Options
A
Cash-out refinance because the loan terms are changing substantially
B
Purchase transaction because there's a change in ownership structure
C
Rate-and-term refinance because no cash is being taken out beyond closing costs
D
Assumption because one borrower is taking over the existing loan

Why This Is the Correct Answer

This is a rate-and-term refinance under TRID regulations. Even though there's a change in borrowers, if no cash is taken out beyond closing costs and the primary purpose is to modify loan terms (removing a borrower), it's classified as rate-and-term refinance, not a cash-out transaction.

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