A closing package for a dwelling-secured consumer mortgage adds a $4,900 single-premium credit life policy that the borrower did not request or want, financing it into the $210,000 loan. What predatory-lending practice does this unwanted financed add-on illustrate?
Correct Answer
D) Packing: adding an unwanted insurance product to the financed debt
D. The unwanted financed add-on illustrates credit-insurance packing. The borrower is made to finance an unwanted extra, rather than just the intended loan. Separately, Regulation Z prohibits financing this single-premium credit life insurance in the covered mortgage. Scope and exceptions: Do not confuse credit life insurance with mortgage insurance. The rule treats qualifying monthly-calculated, fully monthly-paid premiums differently; refunds or cancellation effects depend on the applicable terms and law. Source: Home Equity Scams: credit insurance packing — https://www.ftc.gov/news-events/news/press-releases/1998/05/ftc-education-effort-focuses-home-equity-loan-fraud Section 1026.36(i) and comment 36(i)-1 — https://www.consumerfinance.gov/rules-policy/regulations/1026/36/
Why This Is the Correct Answer
D. The unwanted financed add-on illustrates credit-insurance packing. The borrower is made to finance an unwanted extra, rather than just the intended loan. Separately, Regulation Z prohibits financing this single-premium credit life insurance in the covered mortgage. Scope and exceptions: Do not confuse credit life insurance with mortgage insurance. The rule treats qualifying monthly-calculated, fully monthly-paid premiums differently; refunds or cancellation effects depend on the applicable terms and law.
Why the Other Options Are Wrong
Option A: Acceptable, since the borrower can cancel the policy after the closing day
A possible later cancellation does not make the original financing permissible.
Option B: Acceptable where the premium is under 5% of the total loan amount
There is no 5% safe harbor for this financing.
Option C: Packing only where the borrower is unaware the policy has been added
Awareness alone does not establish a voluntary wanted purchase or cure prohibited financing.
Exam Tip
Distinguish product packing from the separate prohibition on financing credit insurance.
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A title company offers a mortgage originator four tickets worth $900 in exchange for 12 referrals of settlement business involving federally related mortgage loans. How should the originator respond under RESPA Section 8?
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A manager says a referral payment is fine because the borrower is not paying it — the lender is, out of its own margin. Does the source of the payment settle the question?
