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A borrower is applying for a $150,000 mortgage. The lender charges a 1% origination fee ($1,500), a $500 appraisal fee, $300 in title charges, and a $2,800 'loan discount fee' without actually reducing the interest rate. Which fee is most likely to be challenged as an unearned fee under RESPA?

Ethics · 18% of the SAFE exammedium

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Correct answer: The $2,800 loan discount fee, because discount fees must actually result in a corresponding interest rate reduction to be legitimate

A 'loan discount fee' or 'discount points' are legitimate when they result in an actual, corresponding reduction in the borrower's interest rate. Charging discount fees without actually reducing the rate means the fee is not tied to a service actually performed or benefit actually provided — making it an unearned fee violating RESPA Section 8(b). Origination fees (1%) are permissible on QMs and non-QMs alike. Lenders may charge for third-party services like appraisals if they are bona fide third-party charges. Title charges are permissible settlement service fees regardless of who collects them, as long as services are rendered.

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