In addition, although a lender can gather factual information about some things (your gender and marital status), under the Fair Housing Act and the Equal Credit Opportunity Act, it can't discriminate based on race, religion, color, age, marital status, sex or national origin.
Mortgage lenders are also legally allowed to ask about an applicant's ethnicity and marital or divorce status. One question a lender may ask is whether you are part of a lawsuit. Lenders are not allowed to ask if you are planning to start a family or ask about the status of your health.
Any questions about your race, ethnicity and gender cannot be used as a reason to approve or deny your credit application. Creditors have to provide equal information to all borrowers throughout the entire transaction.
However, a creditor may ask about costs related to children and dependents. Likewise, creditors also are barred from factoring certain considerations into their decisions. Your race, color, religion, national origin, sex, marital status or whether you receive public assistance.
ECOA prohibits discrimination in any aspect of a credit transaction. It applies to any extension of credit, including extensions of credit to small businesses, corporations, partnerships, and trusts.
Mortgage lenders should base their lending decisions on objective financial criteria, such as credit history, income, employment status, and debt-to-income ratio. Questions about personal characteristics, gender identity, or sexual orientation are considered invasive and unrelated to a borrower's creditworthiness.
Not knowingly put customers in jeopardy of losing their home, nor consciously impair the equity in their property through fraudulent or unsound lending practices. Avoid derogatory comments about their competitors but answer all questions in a professional manner. Protect the consumer's right to confidentiality.
DON'T EXPLAIN OR MAKE EXCUSES.
Say, “I'm sorry, but I can't give you a loan.” When the person asks, “Why not?” just repeat your statement.
You may find an employer asking you an illegal question in an interview. These questions may ask you to reveal your age, race, national origin, citizenship, gender, religion, marital status, sexual orientation, or arrest record. Knowing how to identify and respond effectively to these questions is important.
It is important to note that underwriters should not be in actual contact with you. All questions and discussions should be handled through your lender or loan officer. An underwriter talking to you directly, or even knowing you personally, is a conflict of interest.
Lenders are not permitted to ask any questions that would discourage an applicant. Further, government regulations prevent mortgage lenders from denying loans based on race, color, religion, national origin, sex, marital status, age, or because you receive public assistance.
Lenders can request your bank statements or seek a POD from your bank; some lenders do both. Lenders that use both PODs and bank statements to determine mortgage eligibility do so to satisfy the requirements of some government-insured loans where the source of down payment funds must be known for mortgage approval.
A poor credit history or low credit score can prevent you from getting approved for a personal loan. Too much monthly debt relative to your income—your debt-to-income ratio (DTI)—can lead to a lender rejecting your loan application.
TILA disclosures include the number of payments, the monthly payment, late fees, whether a borrower can prepay the loan without penalty and other important terms.
A loan officer will screen you to determine if you qualify for underwriting. They'll factor in your annual salary, credit score, debt-to-income ratio and total debt amount, but the numbers aren't the only important factors in your ability to qualify for a mortgage.
Act with integrity, competence, and compliance with state and federal statutes and regulations. Educate and train employees on all state and federal laws and regulations regarding discrimination and good lending practices to ensure loans are legal and ethical. accurate.
California courts have held since 1979 that a mortgage broker owes a fiduciary duty to a borrower. But lenders do not. The mortgage transaction between the borrower and lender is at "arms length" much like buying a used car from a car lot salesman.
As mentioned above, if your mortgage lender commits negligence, you may sue your mortgage lender. Examples of this can include where they negligently fail to include terms in the loan agreement that were agreed to by both parties, or if they breach their fiduciary duties.
Most loan officers typically have some degree of discre- tion, and bank management expects them to use good judgment in determining whether to approve an application and how to price loans.
A creditor such as a lender may ask about the number and ages of your dependents. A lender may also ask about dependent-related financial obligations or expenses. However, a lender may do so only if the creditor asks for this information without regard to sex or marital status (or any other prohibited basis).
Fair lending prohibits lenders from considering your race, color, national origin, religion, sex, familial status, or disability when applying for residential mortgage loans.
This Act (Title VII of the Consumer Credit Protection Act) prohibits discrimination on the basis of race, color, religion, national origin, sex, marital status, age, receipt of public assistance, or good faith exercise of any rights under the Consumer Credit Protection Act.
15 U.S.C. 1601 , et seq., and its implementing regulation, Regulation Z ( 12 CFR 1026 ), were initially designed to protect consumers primarily through disclosures. Over time, however, TILA and Regulation Z have been expanded to impose a wide variety of requirements and restrictions on consumer credit products.