Mortgage discrimination or mortgage lending discrimination is the practice of banks, governments or other lending institutions denying loans to one or more groups of people primarily on the basis of race, ethnic origin, sex or religion.
Instances of mortgage discrimination occurred in United States inner city neighborhoods from the 1930s and there is evidence that the practice continues to a degree in the United States today.[1][2] In the United States, banks practiced redlining or denial of financial services including banking or insurance to residents of areas based upon the racial or ethnic composition of those areas, either directly or through selectively raising prices. Prior to the passage of the 1974 Equal Credit Opportunity Act and Housing and Community Development Act, lenders and the U.S. federal government frequently and explicitly discriminated against female mortgage loan applicants.[3][4]
Background
African Americans and other minorities found it nearly impossible to secure mortgages for property located in redlined parking zones.[5] The systematic denial of loans was a major contributor to the urban decay that plagued many American cities during this time period. Minorities who tried to buy homes continued to face direct discrimination from lending institutions into the late 1990s. The disparities are not simply due to differences in creditworthiness.[6] With other factors held constant, rejection rates for Black and Hispanic applicants was about 1.6 times that for Whites in 1995.[7][8]
Fairness in lending was improved by the Home Mortgage Disclosure Act, passed in 1975. It requires banks to disclose their lending practices in the communities they serve. In the 1970s, the private sector fight against mortgage discrimination began to be led by community development banks, such as ShoreBank in Chicago.[9]
Several class action mortgage discrimination claims have been filed against lenders across the country, alleging that those lenders disproportionately targeted minorities for high cost, high risk subprime lending, which has resulted in disproportionately higher rates of default and foreclosure for minority African American and Hispanic borrowers.[10]
FHA loans, a federal mortgage program, went to the white majority and reached few minorities. In a study done in Syracuse, between 1996 and 2000, of the 2,169 FHA loans issued only 29 or 1.3 percent went to predominantly minority neighborhoods compared with 1,694 or 78.1 percent that went to white neighborhoods.[11] Mortgage discrimination played a significant part in the real estate bubble that popped during the later part of 2008, it was found that minorities were disproportionately steered by lenders into subprime loans.[12]
In 1993 President Bill Clinton made changes to the Community Reinvestment Act to make mortgages more obtainable for lower and lower-middle-class families. In 1993 the Federal Reserve Bank of Boston issued a report entitled "Closing the Gap: A Guide to Equal Opportunity Lending". The 30-page document was intended to serve as a guide to loan officers to help curb discriminatory lending[13] "Closing the Gap", instructs banks to hire based upon diversity needs, sweeten the compensation structure for working with lower income applicants, encourages shifting high risk, low income applications to the sub prime market, by saying "the secondary market [Subprime Market] is willing to consider ratios above the standard 28/36", and "Lack of credit history should not be seen as a negative factor".
While, "Closing the Gap" was not an industry-wide mandate, it illustrates the efforts banks made to meet public pressure to overcome mortgage discrimination. Under the Clinton administration community organizers pressured banks to increase their loans to minorities. Karen Wegmann, the head of Wells Fargo's community development group in 1993 told the New York Times, "The atmosphere now is one of saying yes."[14] The same New York Times article echoed "Closing the Gap", writing, "The banks have also modified some standards for credit approval. Many low-income people do not have credit-bureau files because they do not have credit cards. So lenders are accepting records of continuously paid utility bills as evidence of creditworthiness. Similarly, they will accept steady income from several employers instead of the length of time at one job."
Because of looser loan restrictions many people who did not qualify for a mortgage before now could own a home.[15] The banks issued loans with teaser rates, knowing that when higher variable rates kicked in later the borrowers would not be able to meet their payments. As long as housing prices kept rising and borrowers could refinance easily, everyone appeared to be doing well.[15]
Minorities willingly entered sub-prime mortgages in far greater numbers than whites and represented a disproportional percentage of foreclosures,[16][17]
Recently, the NAACP has submitted a lawsuit concerning alleged injustices in the lending industry.[18] An analysis, by N.Y.U.'s Furman Center for Real Estate and Urban Policy, illustrated stark racial differences between the New York City neighborhoods where subprime mortgages were common and those where they were rare. The 10 neighborhoods with the highest rates of mortgages from subprime lenders had black and Hispanic majorities, and the 10 areas with the lowest rates were mainly non-Hispanic white. The analysis showed that even when median income levels were comparable, home buyers in minority neighborhoods were more likely to get a loan from a subprime lender.[1] Discrimination motivated by prejudice is contingent on the racial composition of neighborhoods where the loan is sought and the race of the applicant. Lending institutions have been shown to treat black and Latino mortgage applicants differently when buying homes in white neighborhoods than when buying homes in black neighborhoods.[19] An example of this occurred in the 1960s and 1970s on the near northside of Chicago. Thousands of blacks, Latinos, and poor people were systematically dislocated and prevented from acquiring loans by realtors and lending institutions with the blessings of the city's urban renewal program.[20]
A 2015 Measure of America study commissioned by the American Civil Liberties Union examined the likely effect of discriminatory lending leading up to the financial crisis on the racial wealth gap for the next generation, and found that, among families that owned homes, white households had started to rebound from the worst effects of the Great Recession while black households were still struggling to make up lost ground. The analysis projected that the racial wealth gap will be significantly greater in the next generation because of the differential impact of the Great Recession.[21]
Reverse redlining
Reverse redlining is a term that was coined by Gregory D. Squires, a professor of Sociology and Public Policy and Public Administration at George Washington University. This phenomenon occurs when a lender or insurer particularly targets minority consumers, not to deny them loans or insurance, but rather to charge them more than would be charged to a similarly situated majority consumer, specifically marketing the most expensive and onerous loan products. These communities had largely been ignored by most lenders just a couple decades earlier.[citation needed] However these same financial institutions in the 2000s saw black communities as fertile ground for subprime mortgages. Wells Fargo for instance partnered with churches in black communities, where the pastor would deliver "wealth building" seminars in their sermons, and the bank would make a donation to the church in return for every new mortgage application. There was pressure on both sides, as working-class blacks wanted a part of the nation's home-owning trend.[22][23]
A survey of two districts of similar incomes, one being largely white and the other largely black, found that branches in the black community offered largely subprime loans and almost no prime loans. Studies found out that high-income blacks were almost twice as likely to end up with subprime home-purchase mortgages as low-income whites. Loan officers were clearly aware that they were exploiting their customers, in some cases referring to blacks as "mud people" and to subprime lending as "ghetto loans".[16][22][23] A lower savings rate and a distrust of banks stemming from a legacy of redlining may help explain why there are fewer branches in minority neighborhoods. In recent years while subprime loans were not sought out by borrowers, brokers and telemarketers actively pushed them. A majority of the loans were refinance transactions allowing homeowners to take cash out of their appreciating property or pay off credit card and other debt.[24]
Several state attorneys general have begun investigating these practices which may violate fair lending laws, and the N.A.A.C.P. have filed a class-action lawsuit charging systematic racial discrimination by more than a dozen banks. These suits have met with some success.[25]
Occupy Our Homes
Reverse redlining has been cited as justification for the Occupy Our Homes movement. In Occupy Our Homes, protesters camp out at a person's foreclosed home to gain concessions from the lender, such as a delay in eviction.[26]
Laws
Equal Credit Opportunity Act
Under the Equal Credit Opportunity Act ("ECOA"), a creditor may not discriminate against an applicant based on the applicant's race, color, or national origin "with respect to any aspect of a credit transaction", 15 U.S.C. § 1991.
Fair Housing Act
Under the Fair Housing Act ("FHA") (Title VIII of the Civil Rights Act of 1968), it is "unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin". 42 U.S.C. § 3605. Section 3605, although not specifically naming foreclosures, discrimination in "the manner in which a lending institution forecloses a dlinquent or defaulted mortgage note" falls under the realm of the "terms or conditions of such loan". Harper v. Union Savings Association, 429 F.Supp. 1254, 1258-59 (N.D. Ohio 1977). The Office of Fair Housing and Equal Opportunity is charged with administering and enforcing the Fair Housing Act. Any person who feels that they have faced lending discrimination can file a fair housing complaint.
FDIC
Consistent with many jurisdictions throughout the country, the Federal Deposit Insurance Corporation ("FDIC"), based in part on a study conducted by the Federal Reserve Bank of Boston, issued a "Policy Statement On Discrimination In Lending" on April 29, 2004, emphasizing the breadth of prohibitions on discriminatory conduct in lending under the ECOA and the FHA. The FDIC Policy Statement explained that "courts have recognized three methods of proof of lending discrimination under the ECOA and the FH Act", including: "Overt evidence of discrimination", when a lender blatantly discriminates on a prohibited basis; evidence of "disparate treatment", when a lender treats applicants differently based on one of the prohibited factors; and evidence of "disparate impact", when a lender applies a practice uniformly to all applicants but the practice has a discriminatory effect on a prohibited basis and is not justified by business necessity.[27]
FDIC Policy Statement, p.5399 (April 29, 2004).
Civil Rights Act of 1866
In addition to ECOA and FHA, the Civil Rights Act of 1866, as amended, provides that "[a]ll citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property". 42 U.S.C. § 1982.
↑ Michael Aleo, Pablo Svirsky, Foreclosure Fallout: The Banking Industry's Attack on Disparate Impact Race Discrimination Claims Under the Fair Housing Act and Equal Credit Opportunity Act, Boston University Public Interest Law Journal 1 (Fall 2008).
↑ Stephen R Holloway (1998) Exploring the Neighborhood Contingency of Race Discrimination in Mortgage Lending in Columbus, Ohio Annals of the Association of American Geographers 88 (2), 252–276.
↑ Pan, Jock, 1970- (2010). United States outer executive departments and independent establishments & government corporations. [Philadelphia]: Xlibris Corp. ISBN978-1-4500-8674-5. OCLC741273359.{{cite book}}: CS1 maint: multiple names: authors list (link)
The Home Owners' Loan Corporation (HOLC) was a government-sponsored corporation created as part of the New Deal. The corporation was established in 1933 by the Home Owners' Loan Corporation Act under the leadership of President Franklin D. Roosevelt. Its purpose was to refinance home mortgages currently in default to prevent foreclosure, as well as to expand home buying opportunities.
The Federal Housing Administration (FHA), also known as the Office of Housing within the Department of Housing and Urban Development (HUD), is a United States government agency founded by President Franklin Delano Roosevelt, established in part by the National Housing Act of 1934. Its primary function is to provide insurance for mortgages originated by private lenders for various types of properties, including single-family homes, multifamily rental properties, hospitals, and residential care facilities. FHA mortgage insurance serves to safeguard these private lenders from financial losses. In the event that a property owner defaults on their mortgage, FHA steps in to compensate the lender for the outstanding principal balance.
Redlining is a discriminatory practice in which services are withheld from potential customers who reside in neighborhoods classified as "hazardous" to investment; these neighborhoods have significant numbers of racial and ethnic minorities, and low-income residents. While the best-known examples involve denial of credit and insurance, also sometimes attributed to redlining in many instances are denial of healthcare and the development of food deserts in minority neighborhoods. In the case of retail businesses like supermarkets, the purposeful construction of stores impractically far away from targeted residents results in a redlining effect.
Predatory lending refers to unethical practices conducted by lending organizations during a loan origination process that are unfair, deceptive, or fraudulent. While there are no internationally agreed legal definitions for predatory lending, a 2006 audit report from the office of inspector general of the US Federal Deposit Insurance Corporation (FDIC) broadly defines predatory lending as "imposing unfair and abusive loan terms on borrowers", though "unfair" and "abusive" were not specifically defined. Though there are laws against some of the specific practices commonly identified as predatory, various federal agencies use the phrase as a catch-all term for many specific illegal activities in the loan industry. Predatory lending should not be confused with predatory mortgage servicing which is mortgage practices described by critics as unfair, deceptive, or fraudulent practices during the loan or mortgage servicing process, post loan origination.
An FHA insured loan is a US Federal Housing Administration mortgage insurance backed mortgage loan that is provided by an FHA-approved lender. FHA mortgage insurance protects lenders against losses. They have historically allowed lower-income Americans to borrow money to purchase a home that they would not otherwise be able to afford. Because this type of loan is more geared towards new house owners than real estate investors, FHA loans are different from conventional loans in the sense that the house must be owner-occupant for at least a year. Since loans with lower down-payments usually involve more risk to the lender, the home-buyer must pay a two-part mortgage insurance that involves a one-time bulk payment and a monthly payment to compensate for the increased risk. Frequently, individuals "refinance" or replace their FHA loan to remove their monthly mortgage insurance premium. Removing mortgage insurance premium by paying down the loan has become more difficult with FHA loans as of 2013.
The Community Reinvestment Act is a United States federal law designed to encourage commercial banks and savings associations to help meet the needs of borrowers in all segments of their communities, including low- and moderate-income neighborhoods. Congress passed the Act in 1977 to reduce discriminatory credit practices against low-income neighborhoods, a practice known as redlining.
Blockbusting is a business practice in the United States in which real estate agents and building developers convinced white residents in a particular area to sell their property at below-market prices. This was achieved by fearmongering the homeowners, telling them that racial minorities would soon be moving into their neighborhoods. The blockbusters would then sell those same houses at inflated prices to black families seeking upward mobility. Blockbusting became prominent after post-World War II bans on explicitly segregationist real estate practices. By the 1980s it had mostly disappeared in the United States after changes to the law and real estate market.
The Home Mortgage Disclosure Act is a United States federal law that requires certain financial institutions to provide mortgage data to the public. Congress enacted HMDA in 1975.
The United States subprime mortgage crisis was a multinational financial crisis that occurred between 2007 and 2010 that contributed to the 2007–2008 global financial crisis. The crisis led to a severe economic recession, with millions of people losing their jobs and many businesses going bankrupt. The U.S. government intervened with a series of measures to stabilize the financial system, including the Troubled Asset Relief Program (TARP) and the American Recovery and Reinvestment Act (ARRA).
The Equal Credit Opportunity Act (ECOA) is a United States law, enacted 28 October 1974, that makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction, on the basis of race, color, religion, national origin, sex, marital status, or age ; the applicant's use of a public assistance program to receive all or part of their income; or the applicant's previous good-faith exercise of any right under the Consumer Credit Protection Act. The law applies to any person who, in the ordinary course of business, regularly participates in a credit decision, including banks, retailers, bankcard companies, finance companies, and credit unions.
The subprime mortgage crisis impact timeline lists dates relevant to the creation of a United States housing bubble and the 2005 housing bubble burst and the subprime mortgage crisis which developed during 2007 and 2008. It includes United States enactment of government laws and regulations, as well as public and private actions which affected the housing industry and related banking and investment activity. It also notes details of important incidents in the United States, such as bankruptcies and takeovers, and information and statistics about relevant trends. For more information on reverberations of this crisis throughout the global financial system see Financial crisis of 2007–2008.
Residential segregation is the physical separation of two or more groups into different neighborhoods—a form of segregation that "sorts population groups into various neighborhood contexts and shapes the living environment at the neighborhood level". While it has traditionally been associated with racial segregation, it generally refers to the separation of populations based on some criteria.
Housing discrimination refers to patterns of discrimination that affect a person's ability to rent or buy housing. This disparate treatment of a person on the housing market can be based on group characteristics or on the place where a person lives.
In the United States, housing segregation is the practice of denying African Americans and other minority groups equal access to housing through the process of misinformation, denial of realty and financing services, and racial steering. Housing policy in the United States has influenced housing segregation trends throughout history. Key legislation include the National Housing Act of 1934, the G.I. Bill, and the Fair Housing Act. Factors such as socioeconomic status, spatial assimilation, and immigration contribute to perpetuating housing segregation. The effects of housing segregation include relocation, unequal living standards, and poverty. However, there have been initiatives to combat housing segregation, such as the Section 8 housing program.
Housing prices peaked in early 2005, began declining in 2006.
The United States Housing and Economic Recovery Act of 2008 was designed primarily to address the subprime mortgage crisis. It authorized the Federal Housing Administration to guarantee up to $300 billion in new 30-year fixed rate mortgages for subprime borrowers if lenders wrote down principal loan balances to 90 percent of current appraisal value. It was intended to restore confidence in Fannie Mae and Freddie Mac by strengthening regulations and injecting capital into the two large U.S. suppliers of mortgage funding. States are authorized to refinance subprime loans using mortgage revenue bonds. Enactment of the Act led to the government conservatorship of Fannie Mae and Freddie Mac.
Loan modification is the systematic alteration of mortgage loan agreements that help those having problems making the payments by reducing interest rates, monthly payments or principal balances. Lending institutions could make one or more of these changes to relieve financial pressure on borrowers to prevent the condition of foreclosure. Loan modifications have been practiced in the United States since the 1930s. During the Great Depression, loan modification programs took place at the state level in an effort to reduce levels of loan foreclosures.
Housing discrimination in the United States refers to the historical and current barriers, policies, and biases that prevent equitable access to housing. Housing discrimination became more pronounced after the abolition of slavery in 1865, typically as part of Jim Crow laws that enforced racial segregation. The federal government didn't begin to take action against these laws until 1917, when the Supreme Court struck down ordinances prohibiting blacks from occupying or owning buildings in majority-white neighborhoods in Buchanan v. Warley. However, the federal government as well as local governments continued to be directly responsible for housing discrimination through redlining and race-restricted covenants until the Civil Rights Act of 1968.
The mortgage industry of the United States is a major financial sector. The federal government created several programs, or government sponsored entities, to foster mortgage lending, construction and encourage home ownership. These programs include the Government National Mortgage Association, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation.
Ghettos in the United States are typically urban neighborhoods perceived as being high in crime and poverty. The origins of these areas are specific to the United States and its laws, which created ghettos through both legislation and private efforts to segregate America for political, economic, social, and ideological reasons: de jure and de facto segregation. De facto segregation continues today in ways such as residential segregation and school segregation because of contemporary behavior and the historical legacy of de jure segregation.
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