Here is a sample of my Fair Lending report:
Re: ECOA, FHA, OTS’ Nondiscrimination Regulations Review
Purpose:
In accordance with the compliance program, the Equal Credit Opportunity Act & the Fair Housing Act compliance review was completed as of November 30, 2005.
Regulation B (Equal Credit Opportunity Act, 12 CFR 202) and OTS’ Nondiscrimination Regulations (12 CFR 528) prohibit discrimination on a prohibited basis in any portion of the credit process, including the application and pre-application period and including pre-approvals. It imposes specific disclosure notice and timing requirements when applicants request credit. Additionally, it governs advertising requirements. The regulation applies to both consumer and business applications, although specific disclosure requirements for adverse action differ slightly for business applicants.
The FHA prohibits discrimination based on race or color, national origin, religion, sex, familial status (defined as children under the age of 18 living with a parent or legal custodian, pregnant women, and people securing custody of children under 18), handicap. HUD’s regulations implementing the FHA are found at 24 CFR Part 100.
Because both the FHA and the ECOA apply to mortgage lending, lenders may not discriminate in mortgage lending based on any of the prohibited factors in either list.
Objectives:
The objective is to determine whether or not procedures have been established to ensure compliance with all provisions of the Act.
Scope:
• Interviewed personnel from all departments, including branches, underwriting, documentation, closing, and any other departments that are involved in any manner in the credit process.
• Reviewed all loan and/or underwriting policies and procedures.
• Reviewed all application forms and adverse action notices.
• Reviewed advertisements for compliance.
• Reviewed sample of consumer loan, real estate loan files, and commercial loan files.
• Reviewed target and control group files for evidence of violation of the regulation (obtained from 1/2/05-9/30/05 HMDA LAR).
• Reviewed training provided to personnel.
• Reviewed for record retention compliance.
• In addition, actual procedures were checked against any formal or informal procedures to ensure compliance.
• Verified that the branches and corporate headquarters have Equal Housing Lender Posters in customer view.
Exception #1:
Recommendation:
Closing:
All findings and recommendations noted have been or are in the process of being resolved. Overall compliance with the Equal Credit Opportunity Act & the Fair Housing Act is satisfactory within the scope of this review.
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Get your facts first, then you can distort them as you please. - Mark Twain