Federal laws requiring financial institutions to detect and report suspicious financial activity. MLOs must file a Suspicious Activity Report (SAR) within 30 days of detecting suspicious transactions involving $5,000 or more. The subject of the SAR must NOT be alerted β filing is confidential.
Inflating a property's appraised value to support a larger loan amount than the property actually warrants. Common pre-2008 when appraisers faced pressure from lenders to "hit the number." Independent appraisal requirements and appraiser independence rules now help prevent this.
A large lump-sum payment due at the end of a loan term β often after years of artificially low monthly payments. A predatory feature when used to trap borrowers who cannot afford the balloon payment and are forced to refinance (paying more fees) or face foreclosure. Prohibited in QM loans.
Federal agency created by the Dodd-Frank Act with broad authority over consumer financial products and services. Enforces TILA, RESPA, ECOA, HMDA, FCRA, and other consumer protection laws. Powers include: ordering restitution to harmed consumers, imposing civil money penalties, referring cases to the Department of Justice for criminal prosecution, and recommending license revocation.
Comprehensive financial reform legislation passed after the 2008 crisis. Key mortgage provisions: eliminated dual compensation for MLOs (cannot receive payment from both lender and borrower); created the ATR/QM framework; created the CFPB; established UDAP (Unfair, Deceptive, or Abusive Acts or Practices) standards.
A fraud scheme using two contracts β one showing the real purchase price and one (submitted to the lender) showing an inflated price. The borrower obtains a loan larger than the property's actual value. Often involves undisclosed seller concessions or kickbacks to third parties.
Federal law permitting electronic signatures and electronic delivery of loan documents. Key rule: borrowers must always be given the option to receive paper disclosures instead of electronic ones. Electronic consent must be affirmative β it cannot be assumed, pre-checked, or automatic.
Approving loans based primarily on a property's equity value rather than the borrower's ability to repay. When the borrower inevitably defaults, the lender forecloses and captures the equity. A direct ATR rule violation β lenders must qualify based on income and repayment ability, not just collateral.
Amendment to the FCRA enacted in 2003. Lives inside the FCRA β a law inside a law. Added the Red Flag Rules (written identity theft detection programs) and the Disposal Rule (requiring proper destruction of consumer report data β shredding documents containing credit information). Memory trick: FACT Act = Fraud/Identity Theft.
Governs how consumer credit information is collected, used, and shared. Key provisions: consumers can access and dispute credit report information; lenders must provide adverse action notices when denying credit based on credit reports; credit reports can only be accessed for permissible purposes. Memory tricks: "V for Visa" or "V = Verify the credit." Contains the FACT Act.
Targeting homeowners facing foreclosure with fraudulent "rescue" offers β often resulting in the homeowner transferring title or paying large upfront fees in exchange for services that never materialize. A predatory scheme specifically targeting vulnerable borrowers in financial distress.
Mortgage fraud committed by a borrower who misrepresents information on a loan application to qualify for a loan they could not otherwise obtain. Examples: inflating income, fabricating employment, hiding debts. Even "rounding up" income by a small amount is federal fraud.
Mortgage fraud committed by industry insiders β loan officers, appraisers, title agents, real estate agents β who manipulate the lending process to extract money from lenders or the financial system. Typically involves complex schemes (straw buyers, inflated appraisals, dual contracts) and carries heavier federal penalties than fraud for housing.
Signed into law September 5, 2025, effective March 5, 2026. Amends the FCRA to effectively ban mortgage trigger leads β credit bureaus can no longer sell a mortgage applicant's data to unrelated third-party lenders. Exceptions: the party is the consumer's current mortgage originator, current servicer, or an account-holding depository institution β or the consumer has given explicit opt-in consent. Exam tip: Can an MLO buy a list of people who just applied with a competitor? In 2026 β NO, unless an exception applies.
Using another person's identity and credit profile to obtain a mortgage loan. Covered specifically by the FACT Act's Red Flag Rules, which require lenders to have written programs to detect identity theft warning signs. A form of mortgage fraud prosecuted under federal law.
Encouraging a borrower to refinance repeatedly β generating fees and points for the lender each time β while providing little or no financial benefit to the borrower. Each refinance resets the loan term and strips equity. Addressed by HOEPA, the ATR rule, and Dodd-Frank UDAP standards. The key phrase on the exam: "no tangible net benefit to the borrower."
A loan structure where monthly payments are so low they do not cover the full interest due β the unpaid interest is added back to the loan balance. The borrower's balance increases over time, potentially owing more than originally borrowed. Prohibited in Qualified Mortgage loans.
Claiming a property will be a primary residence to obtain owner-occupant loan terms (better rates, lower down payment) when the borrower actually intends to use it as an investment or rental property. The lender's pricing and approval criteria are materially different for investment properties β misrepresenting occupancy intent is federal fraud.
Adding unnecessary products or services to a loan β such as credit life insurance, credit disability insurance, or other add-ons β without clearly disclosing them or obtaining the borrower's informed consent. Increases the loan cost without providing meaningful benefit to the borrower.
A mandatory report filed with FinCEN when a financial institution detects suspicious activity. Must be filed within 30 days of detecting the activity. Generally required for suspicious transactions involving $5,000 or more. The subject of the SAR must NOT be informed β disclosure is prohibited and confidential.
A person who applies for a mortgage loan on behalf of another person (the actual buyer) who cannot qualify. Both parties knowing about the arrangement does not make it legal β it makes both parties liable for federal fraud charges. The lender is deceived about who the true borrower is. Distinct from a legitimate co-borrower, where both parties are genuinely responsible for the loan.
Consumer protection standards enforced by the CFPB under Dodd-Frank. An act is unfair if it causes substantial injury that consumers cannot reasonably avoid. Deceptive if it misleads a reasonable person. Abusive if it takes advantage of consumers' lack of understanding or inability to protect their own interests. MLOs found guilty of UDAP violations face fines, restitution orders, and license revocation.