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Fair Lending

Is the DOJ (De Facto) Enforcing the Community Reinvestment Act?

October 18, 2022 By Caroline Eisner

A&B Abstract: Furthering the Justice Department’s Combating Redlining Initiative, the Department of Justice has announced another redlining settlement.  But this settlement is different – this one involves a bank that has received top marks by its prudential regulator, the Federal Deposit Insurance Corporation (FDIC), for its compliance with the Community Reinvestment Act (CRA), a statute […]

Filed Under: Banking Regulatory Agencies, Community Reinvestment Act, Department of Justice, Equal Credit Opportunity Act (ECOA), Fair Housing Act, Mortgage Loans Tagged With: #redlining, DOJ, Fair Lending

GSEs to Require Mortgage Servicers to Obtain and Maintain Fair Lending Data

August 16, 2022 By Nanci Weissgold, Anoush Garakani and Melissa Malpass

A&B Abstract: On August 10, 2022, the Federal Housing Finance Agency (“FHFA”) announced that Fannie Mae and Freddie Mac (the “GSEs”) will require mortgage servicers to obtain and maintain fair lending data on their loans, beginning March 1, 2023. That same day, Fannie Mae and Freddie Mac (the “GSEs”) each issued guidance implementing the FHFA […]

Filed Under: Federal Housing Finance Agency (FHFA), Mortgage Servicing Tagged With: #mortgageservicing, Fair Lending, Mortgage Servicing, Servicing

CFPB and DOJ Announce Redlining Settlement Against Non-Bank Mortgage Lender

July 28, 2022 By Melissa Malpass

A&B Abstract: On July 27, 2022, the Consumer Financial Protection Bureau (“CFPB”) and the US Department of Justice (“DOJ”) entered into a settlement with Trident Mortgage Company (“Trident”), resolving allegations under the Equal Credit Opportunity Act (“ECOA”) and the Fair Housing Act that the non-bank mortgage lender intentionally discriminated against majority-minority neighborhoods in the greater […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Department of Justice, Fair Housing Act Tagged With: #CFPB, DOJ, Fair Lending

CFPB Continues Scrutiny of Algorithmic Technology

June 8, 2022 By Josh Dhyani and Consumer Finance Team

On May 26, 2022 the Consumer Financial Protection Bureau released a Consumer Financial Protection Circular stating that creditors utilizing algorithmic tools in credit making decisions must provide “statements of specific reasons to applicants against whom adverse action is taken” pursuant to ECOA and Regulation B. The CFPB previously stated that circulars are policy statements meant […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Equal Credit Opportunity Act (ECOA), Fintech Tagged With: #CFPB, AI, Fair Lending, machine learning

CFPB’s SBREFA Outline on Automated Valuation Models Rekindles Debate over Disparate Impact Liability under the ECOA

February 26, 2022 By Brian Johnson and Melissa Malpass

Section 1473(q) of the Dodd-Frank Act (now codified at 12 U.S.C. § 3354(q)) amended the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”) to instruct the CFPB, Fed, OCC, FDIC, NCUA, and FHFA (collectively, the “agencies”) to jointly develop regulations for quality control standards for automated valuation models (“AVMs”), defined as “any computerized […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Dodd-Frank Act, Equal Credit Opportunity Act (ECOA), Supreme Court Decisions Tagged With: #CFPB, Fair Lending

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Recent Posts

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  • 38 Attorneys General Ask SCOTUS to Determine the CFPB’s Fate
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