EstatePass
Ethics & Fraudmedium18% of exam

A borrower is $340 a month short on the ratio. The originator suggests she ask her employer to describe her occasional weekend shifts as a guaranteed 8 hours a week on the verification. Would describing nonguaranteed shifts as guaranteed income constitute a material misrepresentation?

Correct Answer

C) Fraud: the 8 hours would be called guaranteed when they are not

Asking an employer to characterize irregular work as guaranteed is procuring a false statement on a document the lender relies on, whatever hours were actually worked. Other choices: the shifts being real is exactly what makes the lie plausible rather than lawful; an employer willing to sign it is a second person committing the same act; and it is not fraud only if the loan later defaults and the file is examined, because the misstatement is complete when the verification goes in. Source: Income misrepresentation; the figures are the file in the stem

Answer Options
A
Permitted where the employer is willing to sign the wording used
B
Fraud only if the loan later defaults and the file is examined
C
Fraud: the 8 hours would be called guaranteed when they are not
D
Permitted: the 8 hours are real, so the income is genuinely there

Why This Is the Correct Answer

Asking an employer to characterize irregular work as guaranteed is procuring a false statement on a document the lender relies on, whatever hours were actually worked. Other choices: the shifts being real is exactly what makes the lie plausible rather than lawful; an employer willing to sign it is a second person committing the same act; and it is not fraud only if the loan later defaults and the file is examined, because the misstatement is complete when the verification goes in. Source: Income misrepresentation; the figures are the file in the stem

Was this explanation helpful?

More Ethics & Fraud Questions

In a closing-readiness check, a disclosure specialist sees facts tied to Appraisal Fraud Detection. What should the file reflect?

An MLO recommends a loan with a low initial payment that will increase sharply in two years. The borrower says retirement income will be fixed and asks whether the payment can change. What is the appropriate response?

An MLO alters a bank statement to make the applicant's account balance appear higher and submits it to underwriting. Which response is appropriate?

A branch manager asks about a loan file because marketing proposes a rate the company is not prepared to offer. What should happen?

A branch pays its originators 1.1% of the loan amount on every file, and an extra $400 whenever the loan closes with an escrow waiver. Escrow waivers at this branch are granted only on loans priced above par, and the originator decides whether to offer one. Under Regulation Z, which part of this compensation arrangement, if any, is prohibited?

A borrower wants cash for necessary home repairs. A proposed refinance provides $15,000 cash but adds $12,000 in costs and extends repayment by 15 years. What is the best next step for the MLO?

A borrower pays a mortgage broker $3,400 directly at closing. The lender also offers the same brokerage 1.5% of the loan amount as a lender-paid credit on the same file. Under Regulation Z's dual-compensation rule, may the brokerage accept both payments on this transaction?

Before closing, the team discovers that an ad shows an interest rate but omits the APR presentation. What is the safest compliant answer?

A residential mortgage lender files a suspicious activity report about a borrower on 8 April. On 15 April the borrower calls to ask why the file has stalled, and the branch manager wants to tell him a report was filed so he can explain himself. May the manager tell the borrower that a suspicious activity report was filed?

The loan team is resolving Privacy and Confidentiality during a quality-control sample. Which action best fits the rule?

People Also Study

Related Study Resources

Practice More MLO Questions

Access all practice questions with progress tracking and adaptive difficulty to pass your SAFE MLO exam.

Start Practicing