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A New York lender in 2026 charges a point that lowers the rate by 25 basis points. Assuming all other loan terms remain unchanged, does the rate reduction meet the presumption for a bona fide discount point?

Correct Answer

B) Presumed bona fide, all other loan terms remaining the same

It shall be presumed that a point is a bona fide loan discount point if it reduces the interest rate by a minimum of twenty-five basis points provided all other terms of the loan remain the same. Other choices: the statute fixes the presumption at that level; the figure is 25 rather than 50; and a borrower request is not the test. Source: N.Y. Banking Law § 6-l(1)(c)

Answer Options
A
Presumed bona fide only where the borrower requested it
B
Presumed bona fide, all other loan terms remaining the same
C
Not bona fide, because a quarter of a percentage point is too small a reduction to represent a genuine purchase of a lower rate in the secondary market
D
Presumed bona fide only at 50 basis points or more

Why This Is the Correct Answer

It shall be presumed that a point is a bona fide loan discount point if it reduces the interest rate by a minimum of twenty-five basis points provided all other terms of the loan remain the same. Other choices: the statute fixes the presumption at that level; the figure is 25 rather than 50; and a borrower request is not the test. Source: N.Y. Banking Law § 6-l(1)(c)

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