Federal Mortgage Law · 24% of the SAFE examhard
Correct answer: A violation of ECOA because it applies a different requirement based on the sex of the applicant
This policy violates ECOA on multiple grounds. First, it constitutes disparate treatment based on sex — the requirement is applied to female applicants but not male applicants in equivalent situations. Under ECOA, a lender must use the same lending standards and documentation requirements for all applicants regardless of sex. Second, the restriction on who can be required to sign documents cannot be applied on a prohibited basis. A lender may have policies about non-applicant spousal acknowledgments to protect lien interests, but those policies must be applied uniformly regardless of the applicant's sex. A business justification rationale does not overcome intentional disparate treatment under ECOA.
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