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A creditor discovers that a loan initially classified as non-HPML actually qualifies as an HPML due to a calculation error discovered 45 days after consummation. What action is required?

Correct Answer

A) Immediately establish an escrow account and provide required disclosures

Under TILA Section 1026.35, if a loan is determined to be an HPML after consummation due to creditor error, the creditor must comply with all HPML requirements going forward, including establishing escrow accounts and providing any required notices, regardless of when the error is discovered.

Answer Options
A
Immediately establish an escrow account and provide required disclosures
B
Refinance the loan at no cost to correct the classification error
C
No action required since the error was discovered after consummation
D
Pay damages to the borrower equal to the escrow account shortage

Why This Is the Correct Answer

Under TILA Section 1026.35, if a loan is determined to be an HPML after consummation due to creditor error, the creditor must comply with all HPML requirements going forward, including establishing escrow accounts and providing any required notices, regardless of when the error is discovered.

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