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Ethics & Fraudmedium18% of exam

Before closing, the team discovers that an MLO refers a borrower to an affiliated title agency. What is the safest compliant answer?

Correct Answer

B) Give the AFBA disclosure and avoid required use

Lines 250-254; 12 CFR 1024.15(b). The affiliate relationship must be disclosed, the borrower cannot be required to use the affiliate, and referral compensation cannot be disguised. Therefore, the correct response is "Give the AFBA disclosure and avoid required use".

Answer Options
A
Treat the rule as waived because all parties want the file to move faster.
B
Give the AFBA disclosure and avoid required use
C
Assume another jurisdiction approval automatically cures this file.
D
Handle conflicts of interest with a sales script rather than the required file action.

Why This Is the Correct Answer

The correct response is "Give the AFBA disclosure and avoid required use". The affiliate relationship must be disclosed, the borrower cannot be required to use the affiliate, and referral compensation cannot be disguised.

Why the Other Options Are Wrong

Option A: Treat the rule as waived because all parties want the file to move faster.

Treat the rule as waived because all parties want the file to move faster. is not correct because it bypasses the rule supported by the explanation.

Option C: Assume another jurisdiction approval automatically cures this file.

Assume another jurisdiction approval automatically cures this file. is not correct because it bypasses the rule supported by the explanation.

Option D: Handle conflicts of interest with a sales script rather than the required file action.

Handle conflicts of interest with a sales script rather than the required file action. is not correct because it bypasses the rule supported by the explanation.

Memory Technique

AFBA questions usually test disclosure, no required use, and ownership return.

Exam Tip

AFBA questions usually test disclosure, no required use, and ownership return.

Common Mistakes to Avoid

  • -Affiliation is not automatically illegal, but the conditions matter.
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