A lender preparing a New York new-license application asks a quality-control reviewer about licensing and NMLS authority. Which response should be followed?
Correct Answer
C) New York mortgage advertisements and promotions must not mislead consumers about rates, terms, approvals, government affiliation, license status, or mortgage authority.
New York mortgage advertisements and promotions must not mislead consumers about rates, terms, approvals, government affiliation, license status, or mortgage authority.
Why This Is the Correct Answer
New York mortgage advertisements and promotions must not mislead consumers about rates, terms, approvals, government affiliation, license status, or mortgage authority.
Why the Other Options Are Wrong
Option A: Treat the requirement as waived because the borrower or employer agrees.
Treat the requirement as waived because the borrower or employer agrees. is not correct because the governing rule requires the compliant answer shown in the explanation.
Option B: Assume another state's approval automatically satisfies the New York requirement.
Assume another state's approval automatically satisfies the New York requirement. is not correct because the governing rule requires the compliant answer shown in the explanation.
Option D: Apply the New York rule only to company licenses and never to individual MLO activity.
Apply the New York rule only to company licenses and never to individual MLO activity. is not correct because the governing rule requires the compliant answer shown in the explanation.
Memory Technique
NY -> ny-broker-duties-advertising-records-unique-id-conduct
Exam Tip
Conduct questions test broker duties to the borrower, 3-day material disclosure, no undisclosed compensation, truthful advertising, unique identifiers, MCRs, records, role-based responsibility, and evasion of regulated activity.
Common Mistakes to Avoid
- -Using generic federal mortgage facts when New York DFS or Banking Law rules are being tested
- -Confusing Article 12-D company authority with Article 12-E individual MLO authority
- -Treating New York high-cost, subprime, reverse mortgage, MCR, unique identifier, or surety bond rules as optional
More UST Questions
In a pricing desk question, an audit analyst sees facts tied to Prohibited Misrepresentation. What should the file reflect?
An applicant previously had an MLO license revoked by a state regulator. Under the SAFE Act minimum standards for a new state-licensed MLO license, which statement is correct?
Which statement correctly distinguishes a license suspension from a license revocation?
A state regulator has issued an order suspending an MLO's authority effective immediately. The MLO has filed an appeal, but no stay has been granted. What should the MLO do?
An MLO license application asks whether the applicant has been the subject of a regulatory order. The applicant has a recent consent order that falls within the question. What is the proper response?
Why does NMLS maintain licensing and enforcement information that participating regulators can access?
A regulator issues a final license suspension without giving the MLO notice of the alleged violation or any opportunity to respond, even though applicable law requires both. What issue is presented?
A regulator finds that an MLO charged consumers prohibited fees. Which set of actions is consistent with the enforcement tools contemplated by Regulation H?
An MLO's license status in NMLS changes to suspended, with no stay or reinstatement shown. What is the immediate operational effect?
Which fact most directly supports disciplinary action against an MLO rather than merely a request for additional application information?
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