Mortgage Discrimination - Contemporary Mortgage Discrimination

Contemporary Mortgage Discrimination

Several class action mortgage discrimination claims have been filed against lenders across the country, alleging that 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.

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. 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.

In 1993 President Bill Clinton made changes to the Community Reinvestment Act to make mortgages more obtainable for lower and lower-middle class families. The changes ushered in during the Clinton Presidency encouraged banks to make mortgage loans to people who otherwise would not have qualified for them. In 1998 the Federal 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 "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 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 took to meet public pressure to overcome perceived mortgage discrimination. Under the Clinton administration community organizers pressured banks to increase their loans to minorities even though many minority applicants could not qualify for traditional 30-year fix mortgages. 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." 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 could not find themselves qualifying for a mortgage before now could own a home. Under pressure from activist organizations such as ACORN, then President Bill Clinton, and influential Democrats in Congress like Barny Frank, banks began loans to people who should not have qualified for loans. Because banks were pressured to loan to minorities and low income applicants, and because the applicants were low-income who had rented homes for generations the banks could reap profits by selling products loaded with fees because the applicants did not either know, or care to read the fine print that would eventually raise their mortgage payments

Minorities willingly entered sub-prime mortgages in far greater numbers than whites and represented a disproportional percentage of foreclosures, The resulting wave of minority foreclosures tipped a fading housing market into a dive and contributed to the economic fall of 2008/2009.

Recently, the NAACP has submitted a lawsuit concerning alleged injustices in the lending industry. 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. 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. An example of this occurred in the 60's and 70's 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.