Escrow & TitleIntermediateArizona Exam

An Arizona 'assumption fee' charged by a lender when a buyer assumes an existing mortgage is:

AProhibited under RESPA's anti-kickback provision, since lenders may not charge any fee in connection with a mortgage assumption unless disclosed on the HUD-1
BA charge for the lender's administrative cost of qualifying the new borrower and updating loan recordsCorrect
CA prepayment penalty imposed on the selling borrower for transferring the mortgage obligation to a third party before the original loan's maturity date
DA discount point collected from the assuming buyer to reduce the interest rate to the lender's current market rate, required on all assumable mortgages

Why A charge for the lender's administrative cost of qualifying the new borrower and updating loan records Is Correct

Answer B: A charge for the lender's administrative cost of qualifying the new borrower and updating loan records

An assumption fee is a charge by the lender to process an assumption transaction—reviewing the assuming buyer's qualifications, updating records, and issuing the assumption agreement. It is distinct from a prepayment penalty.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

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