My current location: Los Angeles, CA | Change location
Featured Legal Services
Daggenhurst Zakari, APC Offering legal representation to Landlord/Tenant clients in the LOS ANGELES area
(626) 432-5465

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 applicant's receipt of income derived from any public assistance program; and
  • the applicant's 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 Do's and Don'ts
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 lender's standards.

From the Federal Trade Commission


Featured Legal Services
Edward C. IP Do you have a real estate contract dispute? If so call an attorney who understands your rights
(626) 228-0638
DiJulio Law Group Real Property - Litigation & Transactions for Owners, Developers, Contractors & Buyers.
818-502-1700
Law Offices of Robert Mobasseri, P.C. Boutique firm focusing on real estate matters for sellers, buyers & contractors.
(213) 612-7701
Simkin & Associates Telephone Consultation Purchase, Sale & Broker Disputes of Residential & Commercial Property.
(310) 788-9089
Sponsored Services
U.S. Legal Forms, Inc.
Download your Landlord - Tenant and Real Estate Contracts at USlegalforms.com!
More Sponsored Services
Wills, Divorce, Incorporation & More - Legalzoom:
Fast and friendly legal document service from LegalZoom, the #1 online legal document service
USLegalForms.com - Largest Selection of Legal Forms on The Internet:
Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.