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#2221232 - 09/09/19 09:01 PM Secondary Market Pricing
CRAzy_lady Offline
Member
Joined: Dec 2012
Posts: 56
Is it a common practice for banks to set a minimum net gain of contract price for a secondary market loan? If management has set a net gain target, and then the bank receives a higher net gain on some loans, could that be perceived as a fair lending risk?

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Fair Lending
#2221254 - 09/10/19 11:49 AM Re: Secondary Market Pricing CRAzy_lady
Rocky P Online
Power Poster
Joined: Jun 2003
Posts: 7,658
Florida
It could very well be. If a greater proportion of protected class applicants make up the (for example) FHA applicants and FHA is priced higher than other products without compelling and fully documented reasons, it could trigger the "effects test", a/k/a disparate impact.

HUD takes the longstanding position that liability may arise under the FHA from a racially neutral practice that has a discriminatory effect, even if there is no evidence that the practice was motivated by discriminatory intent.
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