{"id":37231,"date":"2008-03-26T16:35:41","date_gmt":"2008-03-26T21:35:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/uncategorized\/mortgage-discrimination.html"},"modified":"2008-03-26T16:35:41","modified_gmt":"2008-03-26T21:35:41","slug":"mortgage-discrimination","status":"publish","type":"corporate","link":"https:\/\/corporate.findlaw.com\/litigation-disputes\/mortgage-discrimination.html","title":{"rendered":"Mortgage Discrimination"},"content":{"rendered":"
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Mortgage Discrimination<\/big><\/big><\/big><\/font><\/td><\/tr><\/table><\/center><\/div>

February 1998<\/p>

T<\/big><\/big><\/strong>he 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.<\/font><\/p>

Your Rights Under ECOA<\/font> The ECOA prohibits discrimination in any aspect of a credit transaction based on:<\/font><\/p>

  • race or color;<\/font><\/li>
  • religion;<\/font><\/li>
  • national origin;<\/font><\/li>
  • sex;<\/font><\/li>
  • marital status;<\/font><\/li>
  • age (provided the applicant has the capacity to contract);<\/font><\/li>
  • the applicant's receipt of income derived from any public assistance program; and<\/font><\/li>
  • the applicant's exercise, in good faith, of any right under the Consumer Credit Protection Act, the umbrella statute that includes ECOA.<\/font><\/li><\/ul>

    Your Rights Under FHA<\/font> The FHA prohibits discrimination in all aspects of residential real-estate related transactions, including:<\/font><\/p>

    • making loans to buy, build, repair, or improve a dwelling;<\/font><\/li>
    • selling, brokering, or appraising residential real estate; and<\/font><\/li>
    • selling or renting a dwelling.<\/font><\/li><\/ul>

      It also prohibits discrimination based on:<\/font><\/p>

      • race or color;<\/font><\/li>
      • national origin;<\/font><\/li>
      • religion;<\/font><\/li>
      • sex;<\/font><\/li>
      • 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<\/font><\/li>
      • handicap.<\/font><\/li><\/ul>

        Lender Do's and Don'ts<\/font> Lenders must:<\/font><\/strong><\/p>

        • consider reliable public assistance income in the same way as other income.<\/font><\/li>
        • consider reliable income from part-time employment, Social Security, pensions, and annuities.<\/font><\/li>
        • 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.<\/font><\/li>
        • 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.<\/font><\/li><\/ul>

          Lenders cannot:<\/font><\/strong><\/p>

          • 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.<\/font><\/li>
          • 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.<\/font><\/li>
          • 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.<\/font><\/li>
          • consider the racial composition of the neighborhood where you want to live. This also applies when the property is being appraised.<\/font><\/li>
          • ask about your plans for having a family. Questions about expenses related to your dependents are permitted.<\/font><\/li>
          • refuse to purchase a loan or set different terms or conditions for the loan purchase based on discriminatory factors.<\/font><\/li>
          • require a co-signer if you meet the lender's standards.<\/font><\/li><\/ul>

            Strengthening Your Application<\/font> 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.<\/font><\/p>

            There are steps you can take to ensure that your application gets full consideration. Give the lender all information that supports your application.<\/font><\/p>

            For example, stable employment is important to many lenders. Perhaps you've recently changed jobs but have been employed steadily in the same field for several years. If so, include that information on your application.<\/font><\/p>

            Get a copy of your credit report before<\/b> you apply for a mortgage. Reports sometime contain inaccurate information. For example, accounts might be reported that don't 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.<\/font><\/p>

            If you've 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.<\/font><\/p>

            Try For the Best Loan Terms<\/font> 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 you're 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.<\/font><\/p>

            If Your Application Is Rejected<\/font> 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:<\/font><\/p>