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A borrower purchases what she represents to the lender as her primary residence and receives an owner-occupied interest rate. Post-closing records show she never moved into the property, rented it immediately, and her driver's license and utility bills all show her original address. Which statement BEST characterizes this situation?

Ethics · 18% of the SAFE exammedium

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Correct answer: This constitutes occupancy fraud because the borrower misrepresented intended occupancy at the time of application

Occupancy fraud occurs when a borrower misrepresents at the time of application that the property will be owner-occupied when they actually intend to use it as a rental or investment property. The key is intent at the time of application — if the borrower never intended to occupy the property but represented it as a primary residence to receive favorable rate and down payment terms, this is fraud regardless of payment history. While genuine post-closing changes in circumstance may sometimes be defensible, evidence such as never moving in and immediate rental is strong evidence of pre-existing fraudulent intent.

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