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A New York registrant runs a 2026 advertisement using a trade name not on file. Does the unfiled trade name satisfy the advertising identity requirement?

Correct Answer

B) Noncompliant: the name and address must match the department record

All advertisements by a mortgage broker, mortgage banker or exempt organization shall contain the name and an office address of the entity, which in the case of licensees and registrants shall conform to a name and address on record with the department. Other choices: conformity with the record is the requirement; a number does not substitute; and the name alone failing is enough. Source: N.Y. Banking Law § 595-a(2)(a)

Answer Options
A
Compliant, because the advertisement carries a name under which the business genuinely trades and a consumer reading it can find the business by that name
B
Noncompliant: the name and address must match the department record
C
Compliant where the registration number also appears
D
Noncompliant only where the address is also unfiled

Why This Is the Correct Answer

All advertisements by a mortgage broker, mortgage banker or exempt organization shall contain the name and an office address of the entity, which in the case of licensees and registrants shall conform to a name and address on record with the department. Other choices: conformity with the record is the requirement; a number does not substitute; and the name alone failing is enough. Source: N.Y. Banking Law § 595-a(2)(a)

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