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A state regulatory authority receives a tip that an MLO is advertising services in their state but is only licensed in a neighboring state. What is the FIRST step the authority should take in their investigation?

Correct Answer

C) Verify whether the MLO is actually conducting business in their state

Before taking any enforcement action, the state authority must first establish that the MLO is actually conducting mortgage loan origination activities within their jurisdiction. Mere advertising might not constitute conducting business, so the scope of activities must be determined first.

Answer Options
A
Contact the neighboring state regulator to verify the license
B
Issue a cease and desist order immediately
C
Verify whether the MLO is actually conducting business in their state
D
Check the NMLS system for multi-state licensing

Why This Is the Correct Answer

Before taking any enforcement action, the state authority must first establish that the MLO is actually conducting mortgage loan origination activities within their jurisdiction. Mere advertising might not constitute conducting business, so the scope of activities must be determined first.

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