Ethics · 18% of the SAFE exammedium
Correct answer: TILA and the duty of fair dealing, because material information about the loan's features was withheld, preventing informed consent
By presenting only the minimum payment option and describing it misleadingly as an 'affordable payment plan' while concealing negative amortization, the MLO is withholding material information required for the borrower's informed consent — violating TILA's full disclosure requirements and the fundamental duty of fair dealing. TILA requires disclosure of all material terms, including the potential for negative amortization. Regulation B and adverse action notices (A) apply when credit is denied, not to loan presentation. RESPA Section 6 (C) governs mortgage servicing transfer notifications, which is irrelevant here. The Gramm-Leach-Bliley Act (D) concerns privacy of financial information, not disclosure of loan terms.
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