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Ethics & Fraudhard17% of exam

A borrower's bankruptcy attorney requests copies of all loan documents to prepare for proceedings. The borrower verbally authorized the MLO to cooperate but has not provided written consent. What should the MLO do?

Correct Answer

B) Require written authorization from the borrower before disclosure

Even though the attorney represents the borrower's interests, privacy regulations typically require written authorization for disclosure of nonpublic personal information to third parties, including attorneys, unless specifically compelled by court order.

Answer Options
A
Provide the documents based on verbal authorization
B
Require written authorization from the borrower before disclosure
C
Provide documents directly to the bankruptcy court instead
D
Refuse disclosure since bankruptcy proceedings void privacy rights

Why This Is the Correct Answer

Even though the attorney represents the borrower's interests, privacy regulations typically require written authorization for disclosure of nonpublic personal information to third parties, including attorneys, unless specifically compelled by court order.

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