Mortgage Discrimination
The Equal
Credit Opportunity Act (ECOA) and the Fair Housing Act (FHA) protect
you against discrimination when you apply for a mortgage to purchase,
refinance, or make home improvements.
Your
Rights Under ECOA
The ECOA prohibits discrimination in any aspect of a credit transaction
based on:
race
or color;
religion;
national origin;
sex;
marital status;
age (provided the applicant has the capacity to contract);
the applicants receipt of income derived from any public assistance
program; and
the applicants exercise, in good faith, of any right under
the Consumer Credit Protection Act, the umbrella statute that includes
ECOA.
Your Rights Under FHA
The FHA prohibits discrimination in all aspects of residential real-estate
related transactions, including:
making
loans to buy, build, repair, or improve a dwelling;
selling, brokering, or appraising residential real estate; and
selling or renting a dwelling.
It also prohibits discrimination based on:
race
or color;
national origin;
religion;
sex;
familial status (defined as children under the age of 18 living
with a parent or legal guardian, pregnant women, and people securing
custody of children under 18); and
handicap.
Lender Dos and Donts
Lenders must:
consider
reliable public assistance income in the same way as other income.
consider reliable income from part-time employment, Social Security,
pensions, and annuities.
consider reliable alimony, child support, or separate maintenance
payments, if you choose to provide this information. A lender may
ask you for proof that this income is received consistently.
if a co-signer is needed, accept someone other than your spouse.
If you own the property with your spouse, he or she may be asked
to sign documents allowing you to mortgage the property.
Lenders cannot:
discourage
you from applying for a mortgage or reject your application because
of your race, national origin, religion, sex, marital status, age,
or because you receive public assistance income.
consider your race, national origin, or sex, although you will be
asked to voluntarily disclose this information to help federal agencies
enforce anti-discrimination laws. A creditor may consider your immigration
status and whether you have the right to remain in the country long
enough to repay the debt.
impose different terms or conditions, such as a higher interest
rate or larger down payment, on a loan based on your race, sex,
or other prohibited factors.
consider the racial composition of the neighborhood where you want
to live. This also applies when the property is being appraised.
ask about your plans for having a family. Questions about expenses
related to your dependents are permitted.
refuse to purchase a loan or set different terms or conditions for
the loan purchase based on discriminatory factors.
require a co-signer if you meet the lenders standards.
Strengthening Your Application
Not everyone who applies for a mortgage will get one. Lenders can
use factors such as income, expenses, debts, and credit history
to evaluate applicants.
There
are steps you can take to ensure that your application gets full
consideration. Give the lender all information that supports your
application.
For example,
stable employment is important to many lenders. Perhaps youve
recently changed jobs but have been employed steadily in the same
field for several years. If so, include that information on your
application.
Get a
copy of your credit report before you apply for a mortgage. Reports
sometime contain inaccurate information. For example, accounts might
be reported that dont belong to you or paid accounts might
be reported as unpaid. If you find errors, dispute them with the
credit bureau and tell the lender about the dispute.
If youve
had past bill-paying problems, such as a lost job or high medical
expenses, write a letter to the lender explaining what caused your
past credit problems. Lenders must consider this information at
your request.
Try For
the Best Loan Terms
Some mortgage lenders may try to charge some borrowers more than
others for the same loan product offered at the same time. This
may include higher interest rates or origination fees or more points.
Ask the lender if the rate youre being quoted is the lowest
offered that day. The lender is probably basing the loan offer on
the list of mortgage rates frequently issued by that institution
to its loan officers. Ask to see this list. If the lender refuses
and you suspect you are not being offered the lowest rates or points
available, you may want to negotiate for better terms or shop for
another lender. Even if you decide to accept terms that are not
the lowest available, ask the lender why you did not qualify for
better terms. The answer may help you to correct errors and to become
more creditworthy.
If Your
Application Is Rejected
If your mortgage is denied, the lender must give you specific reasons
why or tell you of your right to ask for them. Under the law, you
have the right to:
Know
within 30 days of the date of your completed application whether
your mortgage loan is approved. The lender must make a reasonable
effort to obtain all necessary information, such as credit reports
and property appraisals. If your application is rejected, the lender
must tell you in writing.
Know specifically why your application was rejected. The lender
must tell you the specific reason for the rejection or your right
to learn the reason if you ask within 60 days. An acceptable response
might be: "your income was too low" or "you havent
been employed long enough." A response of "you didnt
meet our minimum standards" is not specific enough.
Learn the specific reason why you were offered less favorable terms
than you applied for, but only if you reject these terms. For example,
if the lender offered you a smaller mortgage or a higher interest
rate, you have the right to know why if you did not accept the lenders
counter offer.
Find out what is in your credit report. The lender may have rejected
your application because of negative information in your credit
report. If so, the lender must tell you this and give you the name,
address, and phone number of the credit bureau. You can get a free
copy of that report from the credit bureau if you request it within
60 days. Otherwise, the credit bureau can charge up to $8.
If your report contains inaccurate information, the credit bureau
is required to investigate items that you dispute. Those companies
furnishing inaccurate information to the credit bureaus also must
reinvestigate items that you dispute. If you still dispute the credit
bureaus account after a reinvestigation, you can include your
summary of the problem in your credit report.
Get a copy of the property appraisal from the lender. Mortgage applications
may be turned down because of poor appraisals. Review the appraisal.
Check that it contains accurate information and determine whether
the appraiser considered illegal factors, such as the racial composition
of the neighborhood.
If You Suspect Discrimination
Take action if you think youve been discriminated against.
Complain
to the lender. Sometimes you can persuade the lender to reconsider
your application.
Check with your state Attorney Generals office to see if the
creditor violated state laws. Many states have their own equal credit
opportunity laws.
Contact a local private fair housing group and report violations
to the appropriate government agency. If your mortgage application
is denied, the lender must give you the name and address of the
agency to contact.
Consider suing the lender in federal district court. If you win,
you can recover your actual damages and be awarded punitive damages
if the court finds that the lenders conduct was willful. You
also may recover reasonable lawyers fees and court costs.
You also might consider joining with others to file a class action
suit.
A number of federal agencies share enforcement responsibility for
the ECOA and the FHA. Determining which agency to contact depends,
in part, on the type of financial institution you dealt with.
For ECOA
violations involving mortgage and consumer finance companies:
Federal
Trade Commission
Consumer Response Center
Washington, DC 20580
202-326-2222; TDD: 202-326-2502
While
the FTC generally does not intervene in individual disputes, the
information you provide may indicate a pattern of violations requiring
action by the Commission.
For violations
of the FHA:
Office
of Fair Housing and Equal Opportunity
US Department of Housing and Urban
Development (HUD), Room 5204
Washington, DC 20410-2000
Toll-free hotline: 1-800-424-8590
TDD: 1-800-543-8294
You have
one year to file a complaint with HUD, but you should file as soon
as possible. Your complaint to HUD should include:
Your
name and address;
The name and address of the person or company who is the subject
of the complaint;
The address or other identification of the housing involved;
A short description of the facts that caused you to believe your
rights were violated; and
The dates of the alleged violation.
HUD will notify you when it receives your complaint. Normally, HUD
also will:
Notify
the alleged violator of your complaint and permit the person to
submit an answer;
Investigate your complaint and determine whether there is a reasonable
cause to believe the Fair Housing Act has been violated; and
Notify you if it cannot complete an investigation within 100 days
of receiving your complaint.
For violations of the ECOA and the FHA:
For nationally-charted
banks:
Comptroller
of the Currency
Compliance Management
Mail Stop 7-5
Washington, DC 20219
For state-chartered
banks insured by the Federal Deposit Insurance Corporation, but
not members of the Federal Reserve System:
Federal
Deposit Insurance Corporation
Consumer Affairs Division
Washington, DC 20429
For federally-chartered
or federally-insured savings and loans:
Office
of Thrift Supervision
Consumer Affairs Program
Washington, DC 20552
For federally-chartered
credit unions:
National
Credit Union Administration
Consumer Affairs Division
Washington, DC 20456
For state
member banks of the Federal Reserve System:
Consumer
and Community Affairs
Board of Governors of the Federal Reserve System
20th & C Streets, NW
Washington, DC 20551
For discrimination
complaints against all kinds of creditors:
Department
of Justice
Civil Rights Division
Washington, DC 20530
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