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Ethics & Fraudeasy17% of exam

An MLO consistently offers higher interest rates to borrowers with Spanish surnames, even when they have identical credit profiles to other borrowers who receive better rates. The MLO claims this is based on 'market conditions in certain neighborhoods.' This practice constitutes:

Correct Answer

C) Disparate treatment because it involves intentional discrimination based on national origin

This is disparate treatment under the Fair Housing Act and ECOA because the MLO is intentionally treating borrowers differently based on their perceived national origin (Spanish surnames). The excuse about 'market conditions' does not justify treating similarly qualified borrowers differently based on their ethnicity or national origin.

Answer Options
A
Disparate impact because it affects a group disproportionately
B
Redlining because it involves geographic discrimination
C
Disparate treatment because it involves intentional discrimination based on national origin
D
Neither form of discrimination if the neighborhoods actually have different market conditions

Why This Is the Correct Answer

This is disparate treatment under the Fair Housing Act and ECOA because the MLO is intentionally treating borrowers differently based on their perceived national origin (Spanish surnames). The excuse about 'market conditions' does not justify treating similarly qualified borrowers differently based on their ethnicity or national origin.

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