The Equal Credit Opportunity Act (ECOA) and the Fair Housing Act (FHA) prohibit a lender from discriminating against an applicant on the basis of national origin, race, color, sex and other prohibited bases. The Home Mortgage Disclosure Act (HMDA) requires a lender to publicly disclose data on mortgage loans.
These non-discrimination laws require a lender to collect and report a variety of data related to the applicant and the property to be secured.
Key Point |
In particular, a lender is required to collect and report information on an applicant’s ethnicity, race and sex. This is known as the “Government Monitoring Information”. |
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A lender must collect and report on an applicant’s:
Ethnicity as either:
A lender must collect and report on an applicant’s:
Ethnicity as either:
- Hispanic or Latino
- Not Hispanic or Latino
Race as:
- American Indian or Alaska Native
- Asian
- Black or African American
- Native Hawaiian or Other Pacific Islander
- White
- Key points to remember about the requirements:
- “Other is not an option under the Race category
- More than one category under Race may be selected
A lender must collect and report each applicant’s Sex as either:- Female
- Male
- Thus, on any application taken for a purchase-money, refinancing or home-improvement loan secured by a dwelling a lender must collect and report the Government Monitoring Information.
The Government Monitoring Information must be collected separately in a form, or as part of a Loan Application form (such as Freddie Mac Form 65 or Fannie Mae Form 1003). With regard to Government Monitoring Information requirements, which of the following are true? Please check all that apply, answers are highlighted in green