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Ethics & Fraudmedium17% of exam

An MLO receives a subpoena requesting borrower financial information for a court case. What should the MLO do?

Correct Answer

C) Consult with legal counsel and follow proper procedures for responding to legal process

When served with a subpoena or other legal process, MLOs should consult with legal counsel to ensure proper procedures are followed. Legal process may require disclosure of otherwise confidential information, but proper verification and procedures must be followed.

Answer Options
A
Ignore the subpoena to protect borrower confidentiality
B
Immediately provide all requested information
C
Consult with legal counsel and follow proper procedures for responding to legal process
D
Contact the borrower for permission before responding

Why This Is the Correct Answer

When served with a subpoena or other legal process, MLOs should consult with legal counsel to ensure proper procedures are followed. Legal process may require disclosure of otherwise confidential information, but proper verification and procedures must be followed.

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