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Ethics & Fraudeasy17% of exam

A lender's mobile app prominently displays a 'pre-qualification' feature that asks for minimal information but generates loan amount estimates that are consistently 20-30% higher than what borrowers actually qualify for when they complete full applications. The app includes a disclaimer that estimates are 'subject to full underwriting.' This practice is most likely:

Correct Answer

B) Deceptive because the estimates create unrealistic expectations despite the disclaimer

This practice is likely deceptive under UDAAP because the consistently inflated estimates create unrealistic expectations about borrowing capacity. Even with disclaimers, the material misleading nature of the estimates that are systematically overstated by 20-30% creates false impressions that could influence consumer behavior and decisions.

Answer Options
A
Permissible because the disclaimer adequately warns users about the preliminary nature
B
Deceptive because the estimates create unrealistic expectations despite the disclaimer
C
Unfair only if borrowers make purchase decisions based on the estimates
D
Abusive only if the app specifically targets first-time homebuyers

Why This Is the Correct Answer

This practice is likely deceptive under UDAAP because the consistently inflated estimates create unrealistic expectations about borrowing capacity. Even with disclaimers, the material misleading nature of the estimates that are systematically overstated by 20-30% creates false impressions that could influence consumer behavior and decisions.

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