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Under Delaware Regulation 2401, to whom does an MLO surety bond run and for whose benefit?

Correct Answer

D) To the State for the benefit of the Office of the State Bank Commissioner and consumers injured by covered wrongful acts

Delaware Regulation 2401 requires the bond to run to the State for the benefit of the Office of the State Bank Commissioner and consumers injured by covered wrongful acts, omissions, defaults, fraud, or misrepresentation.

Answer Options
A
Only to the MLO’s employer for payroll losses
B
Only to third-party service providers and business creditors
C
Only to the lender funding the loan
D
To the State for the benefit of the Office of the State Bank Commissioner and consumers injured by covered wrongful acts

Why This Is the Correct Answer

Delaware Regulation 2401 requires the bond to run to the State for the benefit of the Office of the State Bank Commissioner and consumers injured by covered wrongful acts, omissions, defaults, fraud, or misrepresentation.

Why the Other Options Are Wrong

Option A: Only to the MLO’s employer for payroll losses

The Delaware bond is not solely an employer payroll-loss bond.

Option B: Only to third-party service providers and business creditors

The regulation excludes business creditors, third-party service providers, agents, and employees from the compensation category described.

Option C: Only to the lender funding the loan

The bond does not run only to the funding lender.

Memory Technique

DE-C013 -> Delaware-surety-bond

Exam Tip

The Delaware MLO bond protects the Office and injured consumers, not ordinary business creditors.

Common Mistakes to Avoid

  • -Importing another state requirement into Delaware
  • -Confusing NMLS baseline requirements with Delaware-specific rules
  • -Treating operational assumptions as legal authority
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