CRAM ARCADE Open App

A lender requires that any applicant whose spouse is not a co-borrower must have the spouse sign a separate document acknowledging that the spouse has no claim to the mortgaged property. The lender applies this requirement only to female applicants with male spouses, reasoning that husbands are more likely to claim ownership interests. Under ECOA, this policy is:

Federal Mortgage Law · 24% of the SAFE examhard

Show the answer and explanation

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.

Drill 2,078 more questions like this, free

CRAM ARCADE has the full NMLS question bank, timed practice exams, focus drills on your weakest category, flashcards and spaced repetition. No credit card.

Start studying free