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A compliance review finds that a borrower asks whether the company will file a suspicious activity report. What should the MLO do next?

Correct Answer

D) Do not tell the borrower that a SAR may be filed

Lines 255-260; 31 CFR 1029.320 and final rule discussion of reports of suspicious transactions. SAR rules include confidentiality; the borrower should not be tipped off about a SAR filing or potential filing. Therefore, the correct response is "Do not tell the borrower that a SAR may be filed".

Answer Options
A
Continue the activity because the borrower appears willing to proceed.
B
Ignore the consumer-protection issue unless the borrower complains.
C
Document the issue later instead of correcting the compliance problem first.
D
Do not tell the borrower that a SAR may be filed

Why This Is the Correct Answer

Lines 255-260; 31 CFR 1029.320 and final rule discussion of reports of suspicious transactions. SAR rules include confidentiality; the borrower should not be tipped off about a SAR filing or potential filing. Therefore, the correct response is "Do not tell the borrower that a SAR may be filed".

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