A compliance review finds that a HELOC will provide funds for the down payment on the same dwelling. What should the MLO do next?
Correct Answer
B) Include the HELOC payment in the ATR analysis
Why this is correct: The governing rule for a simultaneous HELOC used for a down payment is found in 12 CFR 1026.43(c)(2)(iv) and (c)(6). This creates a known monthly payment obligation that directly impacts the borrower's ability to repay the primary mortgage. The correct next step is to ensure this obligation is factored into the underwriting by choosing "Include the HELOC payment in the ATR analysis." Why the other choices are wrong: "Use funds from an undisclosed account without updating the file" is wrong because it breaches fundamental asset verification and disclosure rules. "Count gift funds without donor documentation or transfer evidence" is wrong because it ignores the strict documentation requirements for gift funds. "Apply the correct general concept to the wrong licensing stage rather than the Simultaneous loan in ATR analysis rule" is wrong because it describes misapplying a correct principle (like ATR) to an irrelevant context (licensing), which does not solve the specific simultaneous loan issue. Exam tip: In a simultaneous loan scenario, the HELOC isn't just a source of funds; it's a new debt. Always add its payment to the borrower's monthly obligations for the ATR check.
Why This Is the Correct Answer
The correct response is "Include the HELOC payment in the ATR analysis" because Lines 207-214; 12 CFR 1026.43(c)(2)(iv) and 1026.43(c)(6).
Why the Other Options Are Wrong
Option A: Use funds from an undisclosed account without updating the file.
This choice is a tempting shortcut, but it conflicts with asset verification because the file still needs the required documentation, timing, or rule-based review before the action is taken.
Option C: Count gift funds without donor documentation or transfer evidence.
This choice is a tempting shortcut, but it conflicts with asset verification because the file still needs the required documentation, timing, or rule-based review before the action is taken.
Option D: Apply the correct general concept to the wrong licensing stage rather than the Simultaneous loan in ATR analysis rule.
This distractor shifts the issue to a different trigger, product, or timing rule instead of applying the rule tested in the stem.
Memory Technique
asset verification: identify the rule being tested, then choose the action that documents or applies that rule before the file moves forward.
Exam Tip
For asset verification questions, separate the required file step from plausible sales, timing, or documentation shortcuts.
Common Mistakes to Avoid
- -Choosing an internal exception instead of the governing rule
- -Treating preliminary or informal facts as a substitute for required documentation
- -Answering from a familiar but unrelated mortgage topic
More Origination Questions
Before the team acts on a servicing handoff check, a closing coordinator must address Asset Verification and Reserves. Which response is most defensible?
An MLO is reviewing procedures for a case where a cost changes after the Closing Disclosure has already been provided. What is the proper handling?
During a post-application update, a quality-control reviewer encounters a Credit Analysis and Evaluation issue. Which response should avoid a shortcut that would misapply the rule?
A construction-to-permanent loan will disburse in 5 draws over 11 months before the permanent phase begins. Which Regulation Z appendix provides a disclosure method for multiple-advance construction transactions?
Before closing, the team discovers that a borrower asks which upfront charge can be collected before intent to proceed. What is the safest compliant answer?
A construction loan agreement allows advances only after documented completion of specified work. A builder requests the next draw, but no completion evidence has been provided. What should occur?
Before releasing the final construction draw, which combination most directly supports project completion and clear collateral?
A construction-to-permanent loan will convert to a substantially higher fully amortizing payment. Which payment is especially important when assessing the borrower's long-term repayment capacity?
A construction-to-permanent note states that conversion requires completion, a certificate of occupancy, and no unresolved liens. Construction is finished, but a mechanic's lien remains. What should happen?
A branch manager asks about a loan file because a processor wants to omit known monthly obligations from underwriting. What should happen?
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