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Ethics & Fraudmedium18% of exam

An MLO is reviewing procedures for a case where a borrower asks whether the company will file a suspicious activity report. What is the proper handling?

Correct Answer

C) 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
Use borrower consent as a substitute for the governing mortgage rule.
B
Wait until after the risk-control meeting to decide whether the disclosure, filing, or license issue matters.
C
Do not tell the borrower that a SAR may be filed
D
Treat records, reports, and required notices as satisfied by an oral manager approval.

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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