During a training quiz scenario, a processor encounters an ECOA Disparate Treatment issue. Which response should choose the most defensible file action?
Correct Answer
B) Review the policy for unlawful disparate impact
Why this is correct: The scenario involves an ECOA (Equal Credit Opportunity Act) Disparate Treatment issue. Disparate treatment is intentional discrimination against a protected class. A fair-lending review requires analyzing policies for both disparate treatment and disparate impact (unintentional discrimination that has a discriminatory effect). The most defensible action when such an issue is encountered is to "Review the policy for unlawful disparate impact," as this is a critical part of a comprehensive fair-lending analysis to ensure compliance. Why the other choices are wrong: "Continue the activity because the borrower appears willing to proceed" is wrong because willingness does not excuse discriminatory lending practices. "Ignore the consumer-protection issue unless the borrower complains" is wrong because ECOA violations must be proactively identified and corrected. "Document the issue later instead of correcting the compliance problem first" is wrong because fair-lending issues require immediate review and correction, not delayed documentation. Exam tip: For ECOA questions, remember the two key concepts: Disparate Treatment (intentional) and Disparate Impact (unintentional effect). A proper review must consider both.
Why This Is the Correct Answer
The correct response is "Review the policy for unlawful disparate impact" because Fair-lending review looks for discriminatory treatment, disparate impact, and redlining risks.
Why the Other Options Are Wrong
Option A: Continue the activity because the borrower appears willing to proceed.
Continue the activity because the borrower appears willing to proceed. is not correct because it does not apply the rule tested by this file scenario.
Option C: Ignore the consumer-protection issue unless the borrower complains.
Ignore the consumer-protection issue unless the borrower complains. is not correct because it does not apply the rule tested by this file scenario.
Option D: Document the issue later instead of correcting the compliance problem first.
Document the issue later instead of correcting the compliance problem first. is not correct because it does not apply the rule tested by this file scenario.
Memory Technique
fair-lending enforcement risk: 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-lending enforcement risk; 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
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?
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