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Home Mortgages: Understanding Your Rights to Fair Lending


Federal law protects every homebuyer looking for a mortgage loan against discrimination on the basis of race, color, national origin, religion, sex, marital status, age, receipt of public assistance funds, familial status (having children under the age of 18), handicap, or exercising your rights under other consumer credit protection laws. Lenders may not take any of these factors into account in their dealings with you.

For instance, lenders may not discourage you because of your race or national origin from applying for a mortgage loan. Whatever your color, they must offer you the same credit terms as other applicants with similar loan requests. They may not treat your application differently because of your sex or marital status or familial status. In short, they are barred from taking into account any of the factors listed here in their dealings with applicants or with potential applicants. They should:

  • Willingly give you an application and other information you need on how to apply for a loan
  • Willingly discuss with you the various mortgage loans they offer and give you an idea whether you can qualify for them
  • Diligently act to make a decision--without undue delay--once you provide all the information asked for (including, for example, written evidence of how much you make or how much you have in savings), and once they receive other paperwork required for processing the application (such as a property appraisal)
  • Not be influenced by the racial or ethnic composition of the neighborhood where the home you want to buy is located.
If you apply for a mortgage and are turned down, remember that not all institutions have the same lending standards. Shop around for another lender. But if the way you were treated suggests the possibility of unlawful discrimination, you might talk to:

Private fair housing groups
Often these groups can walk you through the mortgage process. They can also help you understand whether your experience suggests that the lender is discriminating unlawfully, and can help you decide whether to file a complaint.

From the Federal Reserve Board


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