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An MLO's borrower wants to use a title company that is owned by the borrower's real estate agent. What disclosure requirement applies to this situation?

Correct Answer

B) The real estate agent must provide an Affiliated Business Arrangement disclosure

Under RESPA Section 8, when a settlement service provider has an ownership or other beneficial interest in a provider being referred, an Affiliated Business Arrangement (AfBA) disclosure must be provided to inform the borrower of the relationship and their right to shop for services.

Answer Options
A
No disclosure is required since the borrower is making an informed choice
B
The real estate agent must provide an Affiliated Business Arrangement disclosure
C
Only a verbal disclosure of the relationship is required
D
The MLO must provide a written disclosure of potential conflicts of interest

Why This Is the Correct Answer

Under RESPA Section 8, when a settlement service provider has an ownership or other beneficial interest in a provider being referred, an Affiliated Business Arrangement (AfBA) disclosure must be provided to inform the borrower of the relationship and their right to shop for services.

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