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During a state regulatory examination, an MLO refuses to provide access to certain loan files claiming attorney-client privilege. What is the likely outcome?

Correct Answer

B) The MLO may face disciplinary action for obstructing the examination

State regulatory authorities have broad examination powers, and obstruction of an examination can result in disciplinary action. While attorney-client privilege exists, it typically does not apply to business records required for regulatory compliance examinations, and refusing to cooperate with an examination is grounds for disciplinary action.

Answer Options
A
The examiner must respect the privilege and cannot access the files
B
The MLO may face disciplinary action for obstructing the examination
C
The examiner must obtain a court order to access the files
D
The privilege is valid only if the files involve pending litigation

Why This Is the Correct Answer

State regulatory authorities have broad examination powers, and obstruction of an examination can result in disciplinary action. While attorney-client privilege exists, it typically does not apply to business records required for regulatory compliance examinations, and refusing to cooperate with an examination is grounds for disciplinary action.

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