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Ethics & Fraudhard17% of exam

An MLO's company has a business relationship with a title company where they receive a small ownership stake in exchange for referring business. The MLO always discloses this relationship on the Loan Estimate. Is this arrangement compliant?

Correct Answer

C) No, this violates RESPA regardless of disclosure

Under RESPA Section 8, receiving an ownership interest in exchange for referrals constitutes a prohibited kickback, even with disclosure. The arrangement violates federal law regardless of transparency to the borrower.

Answer Options
A
Yes, because the ownership interest is disclosed to borrowers
B
Yes, if the ownership percentage is less than 1%
C
No, this violates RESPA regardless of disclosure
D
No, unless the borrower specifically consents in writing

Why This Is the Correct Answer

Under RESPA Section 8, receiving an ownership interest in exchange for referrals constitutes a prohibited kickback, even with disclosure. The arrangement violates federal law regardless of transparency to the borrower.

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