EstatePass
Ethics & Fraudhard18% of exam

A refinance eliminates a borrower's fixed-rate loan, adds substantial fees, provides no cash or lower payment, and restarts a 30-year term. What should the MLO do before recommending it?

Correct Answer

C) Evaluate and clearly explain whether the borrower receives a genuine benefit after costs and term effects

Why this is correct: A responsible MLO must perform a bona fide benefit analysis before recommending a refinance. This involves evaluating the net tangible benefit to the borrower after considering all costs, fees, the new interest rate, the payment amount, and the effect of restarting the loan term. If the loan adds substantial fees, provides no cash or lower payment, and resets the clock to 30 years, the borrower likely receives no genuine benefit and may be harmed. Why the other choices are wrong: Recommending it whenever the new lender approves abdicates the MLO's duty to the borrower. Ignoring total costs because the interest rate is lower is a deceptive practice that fails to consider the overall financial impact. Assuming every refinance benefits the borrower is false and can lead to recommending abusive loans. Exam tip: A refinance must pass the 'net tangible benefit' test. If fees are high and terms are reset with no improvement for the borrower, it's likely a predatory 'loan flipping' scenario.

Answer Options
A
Recommend it whenever the new lender approves
B
Ignore total costs because the interest rate is lower
C
Evaluate and clearly explain whether the borrower receives a genuine benefit after costs and term effects
D
Assume every refinance benefits the borrower

Why This Is the Correct Answer

Why this is correct: A responsible MLO must perform a bona fide benefit analysis before recommending a refinance. This involves evaluating the net tangible benefit to the borrower after considering all costs, fees, the new interest rate, the payment amount, and the effect of restarting the loan term. If the loan adds substantial fees, provides no cash or lower payment, and resets the clock to 30 years, the borrower likely receives no genuine benefit and may be harmed. Why the other choices are wrong: Recommending it whenever the new lender approves abdicates the MLO's duty to the borrower. Ignoring total costs because the interest rate is lower is a deceptive practice that fails to consider the overall financial impact. Assuming every refinance benefits the borrower is false and can lead to recommending abusive loans. Exam tip: A refinance must pass the 'net tangible benefit' test. If fees are high and terms are reset with no improvement for the borrower, it's likely a predatory 'loan flipping' scenario.

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 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?

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

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

A house last sold for $185,000 in January. In March it changes hands 3 times in 9 days, reaching $410,000, with the same appraiser and the same closing agent on every leg. Assuming the parties colluded to inflate appraisals without improvements to support the higher prices, what fraud scheme does this pattern illustrate?

For closings involving federally related mortgage loans, a title company pays a real estate brokerage $75 for each referred client who closes. The brokerage only passes along the client’s name and number. Does this referral payment comply with RESPA Section 8?

Before closing, the team discovers that a loan officer wants different terms because of a protected applicant characteristic. What is the safest compliant answer?

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