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NY MLO: Ethics

NY MLO · Work through your exam, one topic at a time.

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Ethics

What this domain tests

Judgment: fair dealing, UDAAP, fraud prevention, conflicts of interest, confidentiality, and truthful advertising. Expect scenarios where the compliant answer documents, discloses, and declines the improper shortcut.

Core duties

  • Fair dealing and UDAAP: do not misrepresent costs, terms, or approval odds; do not obscure material terms; do not use pressure tactics aimed at vulnerable borrowers.
  • Anti-fraud: never inflate income, assets, occupancy, or value. Occupancy fraud-claiming a primary residence for a second home or investment property-is a common exam scenario. Appraisal independence means no pressure on the appraiser to hit a target value.
  • Conflicts and referrals: referral fees among settlement-service providers violate RESPA Section 8; marketing arrangements must pay fair market value for actual services.
  • Confidentiality: nonpublic personal information may be used only for permissible purposes; sharing with marketing partners requires proper notice and opt-out.
  • Advertising: include the NMLS unique identifier and required disclosures; do not advertise rates or terms that are unavailable.

Worked example

A real estate agent offers to send every buyer to a loan officer in exchange for $250 per closed loan. The LO should decline: the arrangement is a payment for referrals under RESPA Section 8 and cannot be cured by disclosure. A compliant alternative is a co-marketing arrangement at fair market value with documented services, reviewed by compliance.

Traps

  • Believing disclosure cures a prohibited kickback.
  • Rationalizing inflated income because "the borrower will make it work."
  • Using application data for unrelated marketing without consent.
  • Advertising a "no-cost" loan without required disclosures.