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A state regulator discovers during an investigation that an MLO has been splitting origination fees with an unlicensed individual who refers borrowers. The MLO claims the payments are for 'marketing services.' What investigative power would be MOST appropriate?

Correct Answer

A) Subpoena bank records to trace all payments to the individual

To prove illegal fee splitting, the regulator needs concrete evidence of payments and their true purpose. Bank records provide the most objective evidence of financial transactions and can establish patterns that contradict the MLO's claims about 'marketing services.'

Answer Options
A
Subpoena bank records to trace all payments to the individual
B
Interview the borrowers to determine who they thought they were working with
C
Require the MLO to provide all marketing contracts and documentation
D
Examine the unlicensed individual's business records

Why This Is the Correct Answer

To prove illegal fee splitting, the regulator needs concrete evidence of payments and their true purpose. Bank records provide the most objective evidence of financial transactions and can establish patterns that contradict the MLO's claims about 'marketing services.'

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