There's a reason that on page 4 of a Fannie Mae/Freddie Mac application that the applicant is asked to identify their gender and their race. And if the applicant refuses to do so, Fannie/Freddie requires the loan officer to "make their best guess." In fact, this is the exact wording:
INFORMATION FOR GOVERNMENT MONITORING PURPOSES
The following information is requested by the Federal Government for certain types of loans related to a dwelling in order to monitor the lender's compliance with equal credit opportunity, fair housing and home mortgage disclosure laws. You are not required to furnish this information, but are encouraged to do so. The law provides that a lender may not discriminate either on the basis of this information, or on whether you choose to furnish it. If you furnish the information, please provide both ethnicity and race. For race, you may check more than one designation. If you do not furnish ethnicity, race, or sex, under Federal regulations, this lender is required to note the information on the basis of visual observation and surname if you have made this application in person. If you do not wish to furnish this information, please check the box below. (Lender must review the above material to assure that the disclosures satisfy all requirements to which the lender is subject under applicable state law for the particular type of loan applied for.)
On the surface, you might think fine and dandy, they want to make sure people and/or areas aren't being red-lined. Problem is, as with most bureaucratic messes, it became quota driven. I mentioned to you before that if a mortgage lender in my area had a minority applicant that was ineligible for a loan, it could become a scary deal. You could be completely in the right and treating them like you did every other applicant (I'm in business to make money. Why would I purposely turn anyone away who was eligible regardless of their race, ethnicity, or sex? Their money is as green as anyone else's.), but all it would take is just one minority applicant who was turned down making a stink about it, and suddenly the publicity has your company labeled as discriminatory in the community. Even if you went to court and it got thrown out or if you won, the PR you suffered could be a death blow.
So yeah, this whole thing became a ticking time-bomb. By no means was this the whole problem, but it was just one more brick of the whole wall that eventually fell down.
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