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Ethics & Fraudhard17% of exam

An MLO learns that a borrower who received a loan six months ago has been arrested for mortgage fraud in connection with loans at other institutions, but not involving the MLO's institution. The borrower's loan with the MLO's institution is performing normally. What is the SAR filing obligation?

Correct Answer

D) Review the borrower's file for potential suspicious indicators before determining SAR necessity

Knowledge of a borrower's arrest for mortgage fraud at other institutions should prompt a review of the borrower's file and transaction history for potential suspicious indicators. While the arrest alone may not require a SAR, it provides reasonable basis to examine whether the transaction with the MLO's institution involved suspicious activity that was previously undetected.

Answer Options
A
No SAR required since the fraud didn't involve the MLO's institution
B
SAR must be filed due to the borrower's arrest for mortgage fraud
C
SAR only required if the borrower's loan becomes delinquent
D
Review the borrower's file for potential suspicious indicators before determining SAR necessity

Why This Is the Correct Answer

Knowledge of a borrower's arrest for mortgage fraud at other institutions should prompt a review of the borrower's file and transaction history for potential suspicious indicators. While the arrest alone may not require a SAR, it provides reasonable basis to examine whether the transaction with the MLO's institution involved suspicious activity that was previously undetected.

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