NC State Law Assignment 2

Case Study Questions


Please read the following case study and then answer the following multiple choice questions in the Comments section below:


When Jon graduated college a few years back he was bright-eyed and bushy-tailed and couldn’t wait to get out into the professional world and make some real money.  Jon landed a great job and started living the American dream.  On one unfortunate day, Jon was in a serious accident that left him unable to work for two months.  To make matters worse, Jon was uninsured and on top of being out of work he now had a mountain of medical bills to face.  Soon after, Jon was unable to make payments on his car, apartment, and student loans, seriously harming his credit.
Once Jon recovered from the accident, he was able to go back to work and slowly, but surely, he began to chip away at the debt.  During this time Jon gets married and wanting to start a family, he and his wife begin to look at homes and end up finding one that they really want.  Upon meeting with Robb at “Done Deal Mortgage,” Jon finds out that his credit is still not good enough to qualify for a conventional mortgage.  Jon was a little disappointed, but then Rob suggests a high-cost loan.  Robb explains what a high-cost mortgage is and even though it was not what Jon was hoping for, he decides to go for it because he wants to make his wife happy.
 Robb mentions that Jon must receive home ownership counseling on the advisability and appropriateness of the loan transaction.  When Jon asks where he needs to go to receive such counseling, Robb tells him he has already received the counseling because Robb had just advised him of the risks of high cost home loans.  In fact, Robb even provides him a certificate of completion. 
Robb then starts looking at Jon’s ability to repay the loan.  After considering Jon’s income, current obligations, and employment status, Robb concludes that Jon’s total monthly debts were about 59% of his total monthly income.  Robb knows this is a little risky, but “reasonably believes” that Jon will be able to repay the loan, so he decides to continue on with trying to get the loan for Jon.  Further along in the process, an appraisal is ordered on the property.  The appraisal company charged $250, for the appraisal, but since Robb feels that he has gone above and beyond for Jon, he decides to say that it was $500 for the appraisal, and pocket the additional $250 as a finance charge.
In underwriting the loan is rejected and Jon and his wife are heartbroken.  Let us ask some questions here to find out just what went wrong.
  1. What did Robb do wrong regarding home ownership counseling?
A.    Robb did everything right
B.    He didn’t have Robb get home ownership counseling through a counselor approved by the North Carolina Housing Finance Agency
C.   He didn’t disclose that Jon needed home ownership counseling within the correct timeframe
D.   North Carolina doesn’t have a home ownership counseling requirement for high cost loans

  1. What mistake did Robb make regarding Jon’s repayment ability?
A.    He overlooked the fact that his monthly debts were 59%, which is 9% above the 50% threshold
B.    Robb didn’t consider current and expected expenses
C.   Robb didn’t take into account Rob’s employment status
D.   Robb did everything right

  1. Is Robb allowed to charge Jon extra for the appraisal?
A.    Yes, Robb worked hard for Jon and should be able to pocket a little extra for his hard work
B.    Yes, there are no limitations on finance fees and charges
C.   No, it is a prohibited practice for a lender to finance any fees/charges payable to a third party
D.   None of the above


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