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At application a mortgage broker takes a nonrefundable application fee. The loan later funds. What does the statute require, and what else may the originator be paid?

Correct Answer

D) The fee is credited against the amount owed on funding, and no other form of compensation is allowed

Section 494.0042(3) allows a nonrefundable application fee at the time of accepting the application, requires it to be credited against the amount owed if the loan funds, and limits compensation for acting as a loan originator to that nonrefundable application fee or a fee based on the mortgage amount funded. Source: Fla. Stat. § 494.0042(3)

Answer Options
A
The fee is refunded at closing, and compensation is limited to a percentage of the amount funded
B
The fee is retained in addition to all other compensation, which the parties are free to agree between them
C
The fee is placed in the segregated trust account and released only once the borrower has signed the note
D
The fee is credited against the amount owed on funding, and no other form of compensation is allowed

Why This Is the Correct Answer

Section 494.0042(3) allows a nonrefundable application fee at the time of accepting the application, requires it to be credited against the amount owed if the loan funds, and limits compensation for acting as a loan originator to that nonrefundable application fee or a fee based on the mortgage amount funded. Source: Fla. Stat. § 494.0042(3)

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