During the application process, if an MLO asks if a borrower is widowed, which law is he violating?

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The correct answer is the Equal Credit Opportunity Act (ECOA). This law is designed to promote fairness and prohibit discrimination in all aspects of credit and lending practices. Specifically, ECOA prohibits lenders and mortgage loan originators from discriminating against applicants based on certain protected classes, including marital status.

When an MLO inquires whether a borrower is widowed, it may be interpreted as assessing the borrower's eligibility for credit based on their marital status, which the ECOA protects against. This means that asking about a borrower’s status as a widow can lead to discriminatory practices, which is against the principles established by the ECOA.

The other laws listed, such as Fair Housing, Fair Credit Reporting Act (FCRA), and Real Estate Settlement Procedures Act (RESPA), address different aspects of lending and housing that do not specifically concern the questioning of a borrower's marital status as it relates to credit eligibility. Fair Housing primarily deals with discrimination in housing practices, FCRA focuses on the accuracy of credit reporting, and RESPA regulates settlement services during real estate transactions. Therefore, the correct context for this question centers around the implications of marital status inquiries under the ECOA.

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