CFPB and DOJ file assertion of curiosity in appraisal discrimination case

The Shopper Monetary Safety Bureau (CFPB) and the U.S. Division of Justice (DOJ) introduced on Monday that they filed an announcement of curiosity to “clarify the appliance of the Honest Housing Act (FHA) and the Equal Credit score Alternative Act (ECOA) to lenders counting on discriminatory residence value determinations.”

The assertion of curiosity was filed in a lawsuit, Connolly, et al. v. Lanham, et al., that’s at the moment pending within the U.S. District Court docket for the District of Maryland. The lawsuit alleges that an appraiser with 20/20 Valuations lowered the valuation of a house as a result of the homeowners, Nathan Connolly and Shani Motta, have been Black — and have been additionally denied the homeowners’ mortgage refinancing utility with loanDepot primarily based on the decrease appraisal, which violated the FHA and ECOA. 

“The Assertion of Curiosity filed at the moment by the CFPB and DOJ explains that, on the contrary, mortgage lenders may be liable below the FHA and ECOA for counting on discriminatory value determinations,” CFPB stated in its announcement of the submitting. “The regulation is obvious that mortgage lenders can not take race, intercourse, or some other prohibited bases into consideration when evaluating the creditworthiness of an applicant. Which means lenders can’t depend on an appraisal in the event that they knew, or ought to have identified, that the appraisal was discriminatory.”

The joint curiosity comes from an understanding that federal legal guidelines have been violated, stated Assistant Lawyer Common Kristen Clarke of the Justice Division’s Civil Rights Division. A opposite consequence would undermine each the Honest Housing Act and ECOA’s functions to guard People from discrimination in housing and entry to credit score, the CFPB stated.

“Discriminatory residence value determinations are illegal, perpetuate the racial wealth hole, and deny communities of shade the advantages of homeownership,” Clarke stated within the DOJ’s announcement. “When appraisers or lenders deal with homebuyers or owners otherwise due to race, they violate federal regulation. The Justice Division is working to make sure an open and truthful housing market by taking up appraisal bias, modern-day redlining, discriminatory mortgage pricing practices, and different types of discrimination that will rear their ugly head at any stage of the home-buying course of.”

The lawsuit, filed in Might 2021 towards mortgage lender loanDepot and appraisal firm 20/20 Valuations, claims that Shane Lanham, president of the appraisal firm, discriminated towards the couple by “dramatically undervaluing their residence” resulting from their race and the house’s location near a Black census block — regardless of the house being situated inside Homeland, an prosperous, white neighborhood in Baltimore.

Per the lawsuit, the couple sought to refinance their present mortgage in 2021 order to benefit from the historically-low mortgage fee surroundings. The couple utilized for a refinance mortgage with loanDepot and have been initially authorized with a 2.25% rate of interest, with a “conservative” estimated worth of the home at $550,000, pending a property appraisal.

Nevertheless, the couple stated within the lawsuit that they have been “shocked” after they have been knowledgeable by loanDepot’s mortgage officer that Lanham, who performed the appraisal, valued their residence at solely $472,000. After the appraisal, loanDepot stated it could not prolong the mortgage.

The couple then filed a lawsuit towards loanDepot and 20/20 Valuations. The grievance alleges that Lanham “cherry-picked low-value houses” as comparables whereas ignoring gross sales in close by majority-white areas that had larger values. 

Of the three comps with values starting from $435,000 to $545,000, one was situated outdoors of Homeland correct, in a majority-Black census block. A fourth comparable, which offered for $650,000, was not utilized in calculating the worth of the house, in response to the go well with.

After being turned down by loanDepot, the couple “white-washed” their residence, through which they changed household images with white footage from white mates and colleagues. As an alternative of Connolly and Mott greeting the appraisal, a white colleague was current in the course of the course of. (Connolly is a historical past professor at Johns Hopkins College and is taken into account an knowledgeable on redlining.)

The house was appraised for $750,000, nearly 60% larger than seven months in the past regardless of not making important enhancements to the house or costs meaningfully altering, the go well with claims.

Rocket Mortgage authorized the couple for a refinancing in January 2022, through which they introduced their fee right down to 2.75%.

In January 2023, Lanham filed a counterclaim towards the couple. “Falsely labeling somebody a ‘racist’ and falsely accusing somebody of racism are among the many most damaging, hurtful, and damaging assaults in at the moment’s society,” he wrote within the go well with. Lanham stated the label had a “devastating affect” on his popularity, enterprise, livelihood and well-being.

In his counterclaim, Lanham listed technical arguments for offering a valuation of $475,000. Amongst them, Lanham stated the property subsequent door was listed on the market at $500,000 and had been lowered to $475,000 solely 10 days after Lanham accomplished his appraisal. The house offered two months later for $465,000. He additionally argued that the second appraisal was achieved seven months later, didn’t embody the house subsequent door as a comp, and relied on residence gross sales that had not even but occurred.