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A mortgage loan originator receives a loan application from a borrower who clearly does not qualify for the loan program they are requesting. What is the MLO's obligation under the duty of good faith and fair dealing?

Correct Answer

B) Inform the borrower that they do not qualify and suggest alternative loan programs if available

Under the SAFE Act and general duty of good faith and fair dealing, MLOs must act honestly and provide borrowers with accurate information about their loan options. This includes informing borrowers when they don't qualify and suggesting suitable alternatives when possible.

Answer Options
A
Process the application anyway since the borrower requested it
B
Inform the borrower that they do not qualify and suggest alternative loan programs if available
C
Refer the borrower to another lender without explanation
D
Charge an application fee before explaining the borrower's chances of approval

Why This Is the Correct Answer

Under the SAFE Act and general duty of good faith and fair dealing, MLOs must act honestly and provide borrowers with accurate information about their loan options. This includes informing borrowers when they don't qualify and suggesting suitable alternatives when possible.

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