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#2230496 - 02/07/20 05:17 PM scum of the earth denial
Burgess Offline
Diamond Poster
Joined: Jan 2004
Posts: 1,620
So - otherwise qualified applaicant - wants loan. Articles in local newspaper detailing all the socially bad things he has done - although no arrests.
we just don't want to make a loan to this person - can we deny and if so for what reason?
My views, not my employer's views.

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Fair Lending
#2230502 - 02/07/20 05:36 PM Re: scum of the earth denial Burgess
Nicole A Offline
Junior Member
Joined: Feb 2016
Posts: 41
FCRA adverse action rules specifically include instances where consumer credit is denied or a charge for credit increased based on information obtained from third parties other than consumer reporting agencies bearing upon the consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, so I believe you would be justified in doing so, provided you are not taking adverse action on any fair lending prohibited basis.
Last edited by Nicole A; 02/07/20 05:38 PM.
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#2230514 - 02/07/20 05:59 PM Re: scum of the earth denial Burgess
Skittles Offline
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Joined: Sep 2002
Posts: 13,963
This will be one interesting denial letter.
My Opinions Only

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#2230543 - 02/07/20 07:19 PM Re: scum of the earth denial Skittles
Adam Witmer Offline
Power Poster
Joined: Sep 2010
Posts: 2,585
Originally Posted by Skittles
This will be one interesting denial letter.

Unless the Adverse Action notice takes advantage of 1002.9(a)(2)(ii) and includes a notice of the applicant's rights to the denial reason(s) instead of providing the actual denial reasons on the notice. wink
Adam Witmer, CRCM

All statements are my opinion, not those of my employer, and should not be taken as legal advice.

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#2231515 - 02/21/20 10:40 PM Re: scum of the earth denial Burgess
David Dickinson Offline
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David Dickinson
Joined: Nov 2000
Posts: 18,762
Central City, NE
I'm late coming to the party, but wanted to add:
You don't have to make any loan you don't want to. As long as you're not illegally discriminating, you're perfectly fine to say "No." As Adam suggested, you can use the "no reason" denial. Or you could put "undesirable character" on the "other" line where reasons are listed. On your copy of the AAN, document the heck out of it. Examiners should not have a problem with this.

P.S. I've seen this done a few times for suspected drug dealers, those that have been arrested but not convicted, etc. "Scum of the earth" is not a protected class. wink
David Dickinson

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#2231622 - 02/25/20 04:31 PM Re: scum of the earth denial Burgess
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
Joined: Dec 2000
Posts: 21,277
I have seen this done many times, and in quite a few, unfortunately, we used the "ask for the reason" letter and I was the contact. Lucky me.
Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy

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