Bank to pay $7,500 for denying loan to lesbians

The case against Bank of America was the first of its type since the Department of Housing and Urban Development issued new anti-discrimination rules.

By Teresa at MSN Real Estate Jan 4, 2013 1:14PM

© Cultura/CorbisBank of America has agreed to pay $7,500 to settle allegations that it refused to grant a loan to a lesbian couple because of their marital status and sexual orientation.

The case is the first of its type since the Department of Housing and Urban Development issued a new rule requiring equal access to housing in HUD programs regardless of sexual orientation or gender identity. That rule says lenders cannot base decisions about loans backed by the Federal Housing Administration on sexual orientation, gender identity or marital status.

 

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"The HUD Equal Access Rule means just what it says: One’s sexual orientation, gender identity or marital status is not a legitimate basis on which to deny a mortgage," John Trasviña, HUD’s assistant secretary for fair housing and equal opportunity, said in a news release. "Members of the housing industry should take note of this settlement agreement. HUD will enforce its regulations to make sure its programs are truly open to all qualified families."   

 

The rule also applies to all other housing program administered by HUD.

It’s not unusual for unmarried couples -- or other people who are unrelated, such as business partners -- to seek a mortgage together.

In this case, two women, who were not identified in the HUD press release, were seeking to buy a home together in South Daytona Beach, Fla., using an FHA-backed mortgage. Because one did not have a job, her mother agreed to be a co-signer.

 

Everything went fine until one business day before the closing, HUD said, when "BOA denied the mortgage because it did not consider the loan applicant and the co-applicant directly related because the applicant and her partner were not married."

Bank of America agreed to pay HUD $7,500, update its training programs and remind its employees they are prohibited from discriminating against FHA loan applicants on the basis of sexual orientation, gender identity or marital status.

 

There was no immediate comment from Bank of America, but HUD praised the lender for "taking immediate corrective action after HUD notified BOA of the violation."

 

FHA mortgages are routinely granted to unmarried couples, though it’s important to make sure both people are legally protected. You can read more about FHA mortgages here.

489Comments
Jan 4, 2013 6:45PM
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Bank of Agony...........!! What else is with them..
Jan 4, 2013 6:29PM
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I'm sure it made Elen degenerate smile.
Jan 4, 2013 6:26PM
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This society is going to hell in a hand basket & FAST!
Jan 4, 2013 6:20PM
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As I keep hearing about the 2nd Amendment and automatic weapons (which I honestly believe is really not necessary for people to own, but I am 100% for gun ownership)-"our founding fathers did not have automatic weapons in mind when creating the 2nd Amendment."  Well I don't think our founding fathers and those lawmakers and politicians after that had homosexuality in mind either when creating laws but the liberal hypocrits keep referring to what I said earlier, so I am calling you idiots all out and telling you the same thing about homosexuality. 
Jan 4, 2013 5:48PM
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This is ridiculous and a waste of news time.  They couple was not related and they were not married, that is why they were denied the loan.  This is what happens when we go politically correct, gays and lesbians will use their sexual orientation to get free money.  The bank should not have had a to pay a dime, the two women did not meet the guidelines as being related and that should have been the end of it.  I am sick of illegal's getting free benefits from the US Government, I am sick of Jewish, Blacks, etc using their race or religion to get a free ride from corporations.  If this couple were a man and a woman and had been denied there would be no issue.  I find that a lot of homosexuals like to push the envelope and will use sexual orientation for an excuse for everything. 
Jan 4, 2013 5:44PM
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Scam!  White males have to pay everyone else for not being white males.  Our society is a trainwreck!
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People should not get loans simply because you are retarded.
Jan 4, 2013 5:03PM
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this story is missing a lot of information, but from the little presented here it seems like the loan was denied because the loan did not fit BOA's lending guidelines.  most lenders do not allow for non-occupant co-borrowers on FHA loans.  based on the small amount of information provided, it appears that BOA discovered at the 11th hour that the co-borrower was not going to be occupying the residence, and denied the loan because it did not meet their lending guidelines.  i am sure there was some deception or dishonesty on the borrowers' part and the loan officer's part, but the story gets presented one sided like BOA discriminates against homosexuals.  if all of the facts were presented here, i am pretty sure BOA would be absolved of any wrong doing.  the fact that only $7500 was issued as the settlement should also tell you BOA paid to shut these people up because there was no actual wrong doing outside of whatever the loan officer and borrowers committed.

Jan 4, 2013 4:55PM
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IN THIS CASE BOA WAS CORRECT IN DENYING THE LOAN.... THE COUPLE WERE NOT MARRIED..... SO THE CO-BORROWER WAS NOT LEAGLY RELATED TO TEBORROWER  WHICH ARE FHA GUIDLINES
Jan 4, 2013 4:50PM
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Of course BoA paid these freaks, so they did not have to deal with their inadaqusys, How in the hell does anyone get a mortgage without a job, can't be done so the **** decide to use there lebo acts to get theirs. Rememerber gays are less then 1% of the public but every one is expected to bend over for them. No mater what they say they made a choice to be different, don't give me they had no choice because above every all their excuses every one of us has "Free Will" above all else!
Jan 4, 2013 4:41PM
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e know this is nothing but BS these people dont get what they want  so they cry foul shame on you B  for giving into them
Jan 4, 2013 4:26PM
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I am an U.S. Combat Veteran, (OIF and a few others).  I am a Muslim.  i am a Republican member.  i have three kids. and a weapons owner.

 

i pay taxes, i have a fixer upper home in an affluent area in Souther California. i speak English, i am an American Citizen (Brooklyn, NY--1st Generation), my boys go to Private Catholic Schools. 

 

i am a man who loves women. Heterosexual. 

does anyone know anyone i can sue to get something for nothing?  perhaps, my feelings are hurt because i am unable to cope with homosexuals and i am unable to get any sort of compensation.  is there a handout i am entitled to because i am a butt-hurt straight man?

 

thats right, my morals are no longer the norm.  i have to be a gay or bi-sexual, tree hugging, Prius driving, liberal, anti war, 99%, 47% , nancy pelosi loving, organic flax eating douche to get anything. 

or i can be myself,  earn everything i have.  like i do now.

 

business owner, father, proud American

 

Build a bridge --morons-- and get over it...

 

i wonder if the percentage of the "thumbs down" will be to the "thumbs up"---hmmmmm 99%, it is just a hunch.the difference? i am not predictible.--go figure.  glad to be art of the 1%  not GLAAD but GLAD.(Just to be clear)

 

Jan 4, 2013 4:16PM
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BOA does suck by all means! I got my $9.73 check in the mail yesterday from the settlement on their check clearing practices...WOW!

 

While BOA should NOT discriminate they do, does your marital status ( or lack there of) really matter when taking out a loan that one would other wise qualify for?

 

Gays should be a protected class just a respected human. thats it.

Jan 4, 2013 4:08PM
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WTF is this? Gays are not a protected cass-
Lezbos win everyone else loses.
Jan 4, 2013 4:03PM
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Notice that every other financial screwing story involves Bank Of America? It's not that hard to move your business to a smaller bank or a credit union. This bank thinks it is to big and powerful to have to follow the rules.
Jan 4, 2013 4:03PM
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HUD is authorized to provide low-cost housing to families of men and women with LEGAL marriages. This was two people trying to take advantage by forcing morality. Them two should've been shown the street.
Jan 4, 2013 3:58PM
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they shouldn't  pay jack BOA or not.  I am sure it had nothing to do with whether they were gay or not why they didn't get the loan. Here is another story to go 'Oh, poor gay people they are being bullied again!' now it is they can't get loans because of them being gay . Ten bucks says the problem was they didn't have the credit for the loan. My husband and I when we went to get a loan in 2007 before the housing crash had to pay someone to fix our credit it had to be almost perfect before they would consider it, we had to put 10,000 down to get into our home and we are a hedro sexual couple both with jobs at the time. So, it is noted I have no hate or care when it comes to a persons age, sexual orientation, color, or anything else. I just think this story like so many in the mainstream are bunk!
Jan 4, 2013 3:47PM
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What does the picture of two women sitting on a green couch with coffee mugs talking have anything to do with this story?
Jan 4, 2013 3:39PM
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Sounds like HUD is part of the problem too - $7500 isn't even a round on the golf course for the BofA C-suite.

If the couple had been black or other minority, that amount would have had 1 or 2 zeros after it.

BofA sucks anyway. Wake up people - why are you borrowing/giving money to the biggest offender in the mortgage crisis? Put your savings in a credit union - they work for you, not the stockholders.

 

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About Teresa Mears

Teresa Mears

Teresa Mears is a veteran journalist who has been interested in houses since her father took her to tax auctions to carry the cash at age 10. A former editor of The Miami Herald's Home & Design section, she lives in South Florida where, in addition to writing about real estate, she publishes Miami on the Cheap to help her neighbors adjust to the loss of 60% of their property value.

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