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An audit sample shows one originator earning between 90 and 175 basis points across twelve loans closed in the same month, with the spread tracking the note rate almost exactly. What conclusion follows?

Correct Answer

D) Keep compensation independent of loan terms or proxies

Why this is correct: The rule in 12 CFR 1026.36(d)(1) is clear: an MLO's compensation cannot be based on a term of a transaction (e.g., interest rate) or a proxy for a term. The proposal to pay more for a higher interest rate is a direct violation. The compliant response is to ensure the compensation plan is structured to be independent of such terms. Why the other choices are wrong: "Let the borrower and creditor both pay the MLO on the same transaction" is wrong because it describes a potential dual compensation scenario, which is a separate prohibition under the rules. "Use profitability of the selected product to decide the originator bonus" is wrong because profitability is often a proxy for loan terms (like a higher-rate loan being more profitable), making this linkage illegal. "Change MLO pay after the lock because the borrower chose discount points" is wrong because adjusting pay based on the borrower's decision on points is compensating based on a loan term, which is prohibited. Exam tip: Proxies are just as illegal as direct terms. If a factor (like product profitability) reliably correlates with a loan term, using it to set pay violates the rule.

Answer Options
A
Let the borrower and creditor both pay the MLO on the same transaction.
B
Use profitability of the selected product to decide the originator bonus.
C
Change MLO pay after the lock because the borrower chose discount points.
D
Keep compensation independent of loan terms or proxies

Why This Is the Correct Answer

The correct response is "Keep compensation independent of loan terms or proxies". Compensation cannot be structured around transaction terms or proxies for those terms.

Why the Other Options Are Wrong

Option A: Let the borrower and creditor both pay the MLO on the same transaction.

This choice is not the best answer because it applies the wrong file step for MLO compensation restrictions; the governing rule is tested by the correct option.

Option B: Use profitability of the selected product to decide the originator bonus.

This choice is not the best answer because it applies the wrong file step for MLO compensation restrictions; the governing rule is tested by the correct option.

Option C: Change MLO pay after the lock because the borrower chose discount points.

This choice is not the best answer because it applies the wrong file step for MLO compensation restrictions; the governing rule is tested by the correct option.

Memory Technique

If the pay changes because loan terms change, the answer is usually no.

Exam Tip

For MLO compensation restrictions questions, separate the required file step from plausible sales, timing, or documentation shortcuts.

Common Mistakes to Avoid

  • -Higher revenue on a loan does not make term-based compensation permissible.
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