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A first mortgage closes at an APR of 12.4% when the Treasury yield for a comparable maturity is 4.1%, a spread of 8.3 points. Assuming the loan meets the other scope requirements of California Financial Code section 4970, does this APR spread trigger covered-loan status?

Correct Answer

A) A covered loan: the APR exceeds the Treasury yield by more than the 8 points

The rate trigger is an annual percentage rate at consummation more than 8 percentage points above the yield on Treasury securities of comparable maturity, and 8.3 clears it. Other choices: 10 points is not the figure; the trigger is not confined to junior liens; and the two triggers are alternatives, so points and fees need not also be exceeded. Source: Cal. Fin. Code § 4970(b)

Answer Options
A
A covered loan: the APR exceeds the Treasury yield by more than the 8 points
B
A covered loan only where the points and fees also exceed 6% of the amount
C
Not a covered loan: the rate trigger applies to junior liens only in this state
D
Not a covered loan: the spread must exceed 10 points to reach the trigger

Why This Is the Correct Answer

The rate trigger is an annual percentage rate at consummation more than 8 percentage points above the yield on Treasury securities of comparable maturity, and 8.3 clears it. Other choices: 10 points is not the figure; the trigger is not confined to junior liens; and the two triggers are alternatives, so points and fees need not also be exceeded. Source: Cal. Fin. Code § 4970(b)

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