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A mortgage lender discovers that a credit report they obtained contains information about a different person with a similar name and Social Security number. The lender has already made a credit decision based on this mixed file. The lender should:

Correct Answer

A) Immediately notify the consumer and re-evaluate the application

Under FCRA Section 607, when a lender discovers a mixed file or identity error that affected their decision, they have a duty to act reasonably. This includes notifying the affected consumer and re-evaluating the decision based on accurate information, as the original decision was based on information that doesn't pertain to the actual applicant.

Answer Options
A
Immediately notify the consumer and re-evaluate the application
B
Contact the CRA to report the mixed file but maintain the original decision
C
Proceed with the original decision since they acted in good faith
D
Require the consumer to resolve the mixed file issue before proceeding

Why This Is the Correct Answer

Under FCRA Section 607, when a lender discovers a mixed file or identity error that affected their decision, they have a duty to act reasonably. This includes notifying the affected consumer and re-evaluating the decision based on accurate information, as the original decision was based on information that doesn't pertain to the actual applicant.

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