A mortgage file is paused during a risk-control review because of Fair Housing Act. Which answer should choose the most defensible file action?
Correct Answer
D) Remove the redlining or disparate-treatment practice
Why this is correct: The Fair Housing Act prohibits discrimination in housing-related transactions, including mortgage lending, based on protected characteristics such as race, color, religion, sex, national origin, familial status, or disability. Prohibited practices include redlining (denying services based on the demographics of a geographic area) and disparate treatment (treating applicants differently based on a protected class). The most defensible and required action is to "Remove the redlining or disparate-treatment practice" to ensure compliance. Why the other choices are wrong: "Use an internal exception instead of the required federal disclosure or timing rule" is wrong because fair housing laws are fundamental civil rights statutes with no allowable internal exceptions. "Wait until a regulator asks for the file before applying the federal requirement" is wrong as it advocates for non-compliance until caught. "Rely on oral agreement when the rule requires documented compliance" is wrong because fair lending compliance must be demonstrated through objective, documented policies and procedures. Exam tip: In Fair Housing Act questions, any practice that explicitly or effectively treats applicants differently based on a protected class is illegal. Look for keywords like 'redlining,' 'steering,' or 'disparate treatment.'
Why This Is the Correct Answer
The correct response is "Remove the redlining or disparate-treatment practice" because Mortgage terms and treatment cannot discriminate or redline on protected-class grounds.
Why the Other Options Are Wrong
Option A: Use an internal exception instead of the required federal disclosure or timing rule.
Use an internal exception instead of the required federal disclosure or timing rule. is not correct because it does not apply the rule tested by this file scenario.
Option B: Wait until a regulator asks for the file before applying the federal requirement.
Wait until a regulator asks for the file before applying the federal requirement. is not correct because it does not apply the rule tested by this file scenario.
Option C: Rely on oral agreement when the rule requires documented compliance.
Rely on oral agreement when the rule requires documented compliance. is not correct because it does not apply the rule tested by this file scenario.
Memory Technique
Fair Housing Act compliance: identify the rule being tested, then choose the action that documents or applies that rule before the file moves forward.
Exam Tip
Match the file facts to Fair Housing Act compliance; do not choose an exception or shortcut that skips the required rule.
Common Mistakes to Avoid
- -Choosing an internal exception instead of the governing rule
- -Treating preliminary or informal facts as a substitute for required documentation
- -Answering from a familiar but unrelated mortgage topic
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