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A real estate agent receives compensation for referring clients to a specific mortgage lender. Under the SAFE Act, when would this agent be considered a mortgage loan originator?

Correct Answer

B) If the agent discusses specific loan programs with the referred clients

Under the SAFE Act, an individual becomes an MLO when they take applications, offer or negotiate loan terms, or counsel consumers about loan terms. Simply receiving referral compensation does not trigger MLO requirements, but discussing specific loan programs would constitute offering or counseling about loan terms.

Answer Options
A
Whenever compensation is received for referrals
B
If the agent discusses specific loan programs with the referred clients
C
Only if the agent is employed by the mortgage lender
D
Never, as real estate agents are specifically exempted

Why This Is the Correct Answer

Under the SAFE Act, an individual becomes an MLO when they take applications, offer or negotiate loan terms, or counsel consumers about loan terms. Simply receiving referral compensation does not trigger MLO requirements, but discussing specific loan programs would constitute offering or counseling about loan terms.

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