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Ethics & Fraudeasy17% of exam

An MLO tells Asian applicants that they need larger down payments 'because that's what investors prefer for your type of loan,' while telling similarly qualified white applicants that standard down payments are acceptable. This practice represents:

Correct Answer

C) Disparate treatment because different information is provided based on race

This is disparate treatment under the Fair Housing Act and ECOA because the MLO is intentionally providing different information and requirements to borrowers based on their race or national origin. Even if investors had such preferences (which would also be discriminatory), the MLO cannot treat applicants differently based on protected class characteristics.

Answer Options
A
Disparate impact if it can be proven the MLO's statement affects approval rates
B
Lawful business practice if investors actually have such preferences
C
Disparate treatment because different information is provided based on race
D
Neither form of discrimination since the MLO is just explaining investor requirements

Why This Is the Correct Answer

This is disparate treatment under the Fair Housing Act and ECOA because the MLO is intentionally providing different information and requirements to borrowers based on their race or national origin. Even if investors had such preferences (which would also be discriminatory), the MLO cannot treat applicants differently based on protected class characteristics.

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