Fair Lending Overview

Fair Lending is the unbiased treatment of all customers when making credit-related decisions.

Fair Lending Overview

  • Introduction

    Introduction


    Fair Lending is the unbiased treatment of all customers when making credit-related decisions. Fair Lending laws ensure that financial institutions and mortgage brokers provide fair and uniform services and credit decisions. The fair treatment of our current and potential customers is an integral part of our overall commitment to maintaining the highest standards of responsibility. This extends to every aspect of a credit transaction, including not only how we review credit requests, but also our advertising, handling of pre-application inquiries and loan submissions to lenders.

  • Aiello & Associates Fair Lending Statement

    Aiello & Associates Fair Lending Statement


    Aiello & Associates is committed to treating all individuals fairly and equitably in the conduct of its lending businesses in all jurisdictions where it conducts business. This commitment is part of our fundamental mission of providing quality financial services to existing and prospective customers in accordance with all applicable laws. In the United States, this principle is embodied in fair lending laws such as the Equal Credit Opportunity Act, the Fair Housing Act as well as other factors included in state and local laws. These laws require the equitable treatment of all credit applicants without regard to race, sex (including sexual orientation and gender identity), color, national origin, religion, age, marital status, disability, familial status, the fact that all or part of the applicant’s income derives from public assistance programs or to the fact that the applicant has in good faith exercised any right under the Consumer Credit Protection Act. Denying any person equal access to basic economic opportunities, such as home ownership or credit, is morally repugnant, has no place in our company, and will not be tolerated.


    Only through the efforts of all of us at Aiello & Associates can we ensure that every applicant for credit receives fair and equitable treatment and that we have helped each member of the communities that Aiello & Associates serves reach their fullest potential.

  • Fair Lending Laws/Regulations

    Fair Lending Laws/Regulations


    Equal Credit Opportunity Act (ECOA)

    This law affects every phase of the lending process and prohibits discrimination on the basis of:


    • Age
    • Race or color
    • Sex (including gender, gender identity and sexual orientation)
    • Marital status
    • National origin
    • Race
    • Religion
    • Exercising rights under the Consumer Credit Protection Act
    • Receipt of public assistance

    ECOA prohibits making credit decisions or discouraging applicants, based on any of the factors listed above.


    Fair Housing Act (FHA)

    FHA prohibits discrimination in the sale, rental, and financing of property based on:


    • Disability
    • Familial status (for example, the presence of children in the household)
    • Sex (including gender, gender identity and sexual orientation)
    • National origin
    • Race or color
    • Religion
    • Sexual orientation, gender identity and marital status are also considered protected groups for housing under rules adopted by the Department of Housing and Urban Development (HUD)

    Americans With Disabilities Act (ADA)

    This law prohibits discrimination against qualified individuals with disabilities, ensuring that they have equal access to goods and services offered by private businesses.


    Civil Rights Act of 1866

    This law guarantees equal rights to purchase real estate and personal property to all people, regardless of race.


    Home Mortgage Disclosure Act (HMDA)

    This law requires financial institutions to report information about the home loans they originate or purchase, as well as applications that don’t result in loans (e.g., an application that’s ultimately denied). They must report this information quarterly and annually to allow the public and federal regulators to determine the institution’s responsiveness to the community's needs. The type of information they must report includes, but is not limited to:


    • Income
    • Race
    • Ethnicity
    • Sex or gender
    • Geographic area

  • Agencies with Fair Lending Authority (Regulatory or Enforcement)

    Agencies with Fair Lending Authority (Regulatory or Enforcement)


    Various agencies have the authority to evaluate and/or enforce lenders’ compliance with fair lending requirements:


    • CFPB (Consumer Financial Protection Bureau)
    • DOJ (Department of Justice)
    • FDIC (Federal Deposit Insurance Corporation)
    • FTC (Federal Trade Commission)
    • FRB (Federal Reserve Board)
    • HUD (Department of Housing and Urban Development)
    • OCC (Office of the Comptroller of the Currency)
    • Various State Banking Departments

Examples of Lending Discrimination:


  • Denying a mortgage or charging a higher interest rate because the property is located in a majority-minority neighborhood.
  • Providing a different customer service experience to mortgage applicants depending on their race, color, religion, sex (including gender identity and sexual orientation), familial status, national origin, or disability.
  • Refusing to consider a mortgage applicant’s disability-related income, such as SSI or SSDI.
  • Steering a borrower to a loan with less favorable terms because of his or her race, color, religion, sex (including gender, gender identity, sexual orientation, and sexual harassment), familial status, national origin or disability.
  • Targeting a minority community for fraudulent home loan modification assistance.
  • Refusing to provide mortgages to a person on parental leave.