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A mortgage lender discovers a loan defect after selling the loan to an investor. Under typical secondary market agreements, what is the most likely outcome?

Correct Answer

C) The lender may be required to repurchase the loan

Secondary market sale agreements typically include representations and warranties by the seller. If a material defect is discovered that violates these representations, the investor can usually require the originator to repurchase the defective loan.

Answer Options
A
The investor must accept the loan as-is
B
The loan defect is covered by mortgage insurance
C
The lender may be required to repurchase the loan
D
The borrower becomes liable for the defect

Why This Is the Correct Answer

Secondary market sale agreements typically include representations and warranties by the seller. If a material defect is discovered that violates these representations, the investor can usually require the originator to repurchase the defective loan.

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