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An MLO denies a mortgage application based partially on a credit report showing a bankruptcy from 8 years ago. The bankruptcy was actually discharged 11 years ago, but the credit report shows an incorrect date. For adverse action notice purposes, this error:

Correct Answer

C) Does not affect the adverse action notice requirements since the bankruptcy still influenced the decision

Under FCRA Section 615, adverse action notices must be sent when credit report information influences a denial, regardless of whether that information later proves to be inaccurate. The lender's obligation is to provide notice based on the information they relied upon at the time of the decision.

Answer Options
A
Must be reported to the CRA before sending the adverse action notice
B
Should be noted in the adverse action notice as a disputed item
C
Does not affect the adverse action notice requirements since the bankruptcy still influenced the decision
D
Requires the lender to re-evaluate the application with corrected information

Why This Is the Correct Answer

Under FCRA Section 615, adverse action notices must be sent when credit report information influences a denial, regardless of whether that information later proves to be inaccurate. The lender's obligation is to provide notice based on the information they relied upon at the time of the decision.

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