A team member asks about Fair Lending Disparate Impact in a compliance desk review while trying to apply the requirement without relying on borrower preference. Which response should an audit analyst use?
Correct Answer
C) Review any neutral policy with discriminatory effect
Why this is correct: Fair Lending Disparate Impact under the Equal Credit Opportunity Act (ECOA) prohibits neutral policies that have a discriminatory effect on a prohibited basis (e.g., race) without a legitimate business necessity. The governing concept is that policies must be reviewed for discriminatory effects, regardless of intent. The best answer is "Review any neutral policy with discriminatory effect," as it directly addresses the disparate impact analysis required in fair lending compliance. Why the other choices are wrong: "Continue the activity because the borrower appears willing to proceed" is wrong because fair lending violations are not excused by borrower preference. "Apply the anti-steering timing rule even though the file is testing Fair Lending Disparate Impact" is wrong because it misapplies a different rule (anti-steering under RESPA) to a disparate impact issue, which requires a policy review. "Document the issue later instead of correcting the compliance problem first" is wrong because reviewing and correcting discriminatory policies is urgent; documentation alone does not resolve the violation. Exam tip: In disparate impact questions, focus on reviewing neutral policies for discriminatory effects, not on borrower consent or unrelated rules.
Why This Is the Correct Answer
The correct response is "Review any neutral policy with discriminatory effect" because Fair lending requires equal treatment and credit-related standards without prohibited-basis discrimination.
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 B: Apply the anti-steering timing rule even though the file is testing Fair Lending Disparate Impact.
This distractor shifts the issue to a different trigger, product, or timing rule instead of applying the rule tested in the stem.
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 controls: 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 controls; 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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