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Ethics & Fraudmedium17% of exam

A borrower provides a power of attorney document that appears legitimate, but the MLO later discovers the person granting the power of attorney claims they never signed it. However, the transaction has not yet closed. What is the immediate priority?

Correct Answer

B) Halt the transaction and begin internal fraud reporting procedures

When potential fraud is discovered, especially involving forged legal documents like powers of attorney, the transaction must be halted immediately and internal fraud reporting procedures must begin. This protects both the institution and prevents facilitation of potential fraud. BSA requires prompt action when suspicious activity is detected.

Answer Options
A
Complete the transaction first, then investigate the power of attorney issue
B
Halt the transaction and begin internal fraud reporting procedures
C
Contact the person who allegedly granted the power of attorney to verify
D
Require additional documentation but proceed with closing

Why This Is the Correct Answer

When potential fraud is discovered, especially involving forged legal documents like powers of attorney, the transaction must be halted immediately and internal fraud reporting procedures must begin. This protects both the institution and prevents facilitation of potential fraud. BSA requires prompt action when suspicious activity is detected.

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