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#35287 - 10/01/02 05:34 PM Fair Lending Question
SJB Offline
Diamond Poster
SJB
Joined: Jun 2002
Posts: 1,210
California
I am reviewing a loan file and the loan officer has included (as positive comments) "Borrower is 66 and moved here from the Philippines in 2001."

Although the intent was right, to me this looks like a potential problem.

What do you think?

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My opinions are not legal advice and are worth what you paid for them.

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Lending Compliance
#35288 - 10/01/02 05:41 PM Re: Fair Lending Question
William Offline
Gold Star
William
Joined: Oct 2000
Posts: 470
In a location
Maybe...
Is (or was) the loan officer trying to establish if the applicant has permanent residency here?

Or are you concerned because the age was included?
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Comments are mine and not those of my employer.

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#35289 - 10/01/02 05:46 PM Re: Fair Lending Question
SJB Offline
Diamond Poster
SJB
Joined: Jun 2002
Posts: 1,210
California
My concern is the reference to national origin and age (even though age is pretty easy to figure out from the application.)
_________________________
My opinions are not legal advice and are worth what you paid for them.

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#35290 - 10/01/02 06:47 PM Re: Fair Lending Question
A D Virr Offline
Gold Star
Joined: Oct 2000
Posts: 398
Derry, NH
I share your concern. I would have questioned comments like that myself. What does being 66 and having moved from the Phillipines have to do with being a creditworthy individual? I would caution your lenders to be more careful with notes to the file. The borrowers either meet your underwriting standards or they don't.
_________________________
Allan D. Virr, CRCM,CRP
Compliance Audit Solutions, LLC

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#35291 - 10/03/02 02:02 PM Re: Fair Lending Question
Anonymous
Unregistered

The comment regarding the move from the Phillipines might have been used to explain a 'thin-credit' file (if that was the case). The borrower's entire credit history might be with Phillipine banks. I'm not sure if those banks report to US credit reporting agencies.

I don't believe the reference to age was appropriate though (unless the applicant was applying for a senior-discount loan product/program).

my 2 cents....jon

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#35292 - 10/03/02 08:36 PM Re: Fair Lending Question
Anonymous
Unregistered

I see the possible implications here. And we consistently discourage against this type of commenting. But lets face it folks......just because they moved from the Phillipines, doesn't mean they are of Filipino decent. Ditto on the age thing...its on the application and could even on the credit report. Another ditto on the thin credit theory. Good call on bringing this point up though, a excellent reminder about comments!

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