A borrower-facing employee is unsure what to do when a borrower sends a written request for information to the servicer-designated address. What is the correct response?
Correct Answer
A) Acknowledge receipt within five business days
This question tests the specific Regulation X (RESPA) rule for servicer responses to a borrower's written request for information (RFI). The governing concept is that a servicer must acknowledge receipt of a "qualified written request" (or a request for information that triggers these duties) within a defined, short timeframe. Why this is correct: The original explanation cites 12 CFR 1024.36(c), which mandates that a servicer must acknowledge receipt of a borrower's information request within five business days. This is a clear, non-discretionary federal requirement. Why the other choices are wrong: The option "Use an internal exception instead of the required federal disclosure or timing rule" is wrong because internal policies cannot override or substitute for mandatory federal rules. The option "Wait until a regulator asks for the file before applying the federal requirement" is wrong because compliance with the acknowledgment deadline is required upon receipt of the request, not deferred until a regulatory inquiry. The option "Apply the SAFE Act testing timing rule even though the file is testing Regulation X request for information timing" is wrong because the SAFE Act governs MLO licensing and testing, not servicing timelines for borrower requests; applying its unrelated rule here would be incorrect. Exam tip: For Regulation X servicing questions, remember the "five-day" trigger for acknowledging written information requests—it's a common exam point.
Why This Is the Correct Answer
The correct response is "Acknowledge receipt within five business days" because Lines 33-41; 12 CFR 1024.36(c).
Why the Other Options Are Wrong
Option B: 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 C: 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 D: Apply the SAFE Act testing timing rule even though the file is testing Regulation X request for information timing.
This distractor shifts the issue to a different trigger, product, or timing rule instead of applying the rule tested in the stem.
Memory Technique
RESPA and Regulation X: 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 RESPA and Regulation X; 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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