Does anyone have a statement in their fair lending policies that address protocol for responding to inbound loan inquiries that they would be willing to share? Ours needs some work and I hate to reinvent the wheel.

I don't have one currently, but this may be a start, depending on how complicated your policies are.

"Our bank only accepts written applications from customers for consumer products. Often, a customer will inquire about a specific product. The employee can provide them with the general underwriting guidelines such as good credit, the maximum debt to income and loan to value, but should not interpret any of those numbers. If a potential customer inquires if they would be accepted, the employee should offer encouragement to apply, without reflection if the loan would be approved or denied.

The Equal Credit Opportunity Act puts the onus on the creditor.
“3. When an inquiry or prequalification request becomes an application. A creditor is encouraged to provide consumers with information about loan terms. However, if in giving information to the consumer the creditor also evaluates information about the consumer, decides to decline the request, and communicates this to the consumer, the creditor has treated the inquiry or prequalification request as an application and must then comply with the notification requirements under §1002.9. Whether the inquiry or prequalification request becomes an application depends on how the creditor responds to the consumer, not on what the consumer says or asks.”

It could be as innocent as a:
customer asking the banker if the bank makes Home Improvement Loans.
The Banker asks “where do you live?”
Customer responds, “Eagle Trace Condominiums.”
Banker – “They’re not Fannie Mae approved, we can’t lend there.” That is a verbal application and a bank denial.

It would be better for the banker to mention that the bank makes home improvement loans only in Fannie Mae approved buildings. If the customer asks is Eagle Trace Fannie Mae approved, the employee would solely be answering a question and not making a decision on the credit request.

Why would a protocol for addressing inbound loan inquiries be in your Fair Lending Policy?

Randy, it is actually a requirement based on the outcome of a review by HUD. Otherwise, I would agree with you, why would we do this.