More Banks & Non-Bank Lenders are Omitting Racial Information from Home Loan Data — Preventing the Identification of Lending Discrimination

 

The Home Mortgage Disclosure Act (HMDA) legally requires 5,000 financial institutions that originated a home loan in the U.S. to collect information about race to help identify potential discrimination against borrowers. The data has in the past year been cited by the Consumer Financial Protection Bureau among others.

However, over 12% of borrowers do not give the information requested by the law and some 90% of loans sold to third parties do not provide the racial data that is acquired, according to the National Community Reinvestment Coalition (NCRC). “The impact is profound,” according to a new NCRC report “as these gaps hinder our ability to understand who is receiving loans and under what terms, which is vital for assessing fairness and inclusivity.”

To help fight the problem, the NCRC has pledged to never again use any data that doesn’t include demographics on race. “Beginning with this report, NCRC is eliminating records without demographic data from our calculations of the percent of loans made to specific races.” 

The NCRC and others say the missing data is largely due to loopholes in the HMDA. Passed in 1975, the HMDA rule requires that in-person and phone applicants provide demographic data - but online applicants can opt out.

Third-party loan purchasers are not required to track demographic information. Seven of the top 10 loan-purchasing institutions from 2023 used a loophole that allows them to erase borrower demographic data on the mortgages they bought, according to an NCRC report. “A few years ago, it was rare for lenders to buy loans and strip demographic data, but Citibank pioneered this practice. Now, many lenders who purchase loans use this loophole.” Citi declined to comment.

The NCRC report shows “in what might be a sign of a historic point” that Hispanic lending for home loans -16.5% of all 2023 home purchases - was nearly identical to their overall share of the U.S. adult population. Black borrowers' lending rates improved, though not near to their overall share of the population.

Unfortunately, these seemingly positive trends are difficult to confirm because of the incomplete data. Any increase in data collection about borrowers comes with increased risk of invasion of privacy. Though the CFPB says there’s low, if any, privacy risk in the HMDA, a 2017  report  by economist Anthony Yezer stated concerns such data collection could lead to widespread violations of privacy.

To the NCRC. “The extensive benefits of detailed data collection, encompassing income, race, sexual orientation and gender identity, decisively outweigh any concerns over burden or privacy. It’s imperative t hat efforts to curtail this essential data collection be recognized as not just misguided but as detrimental to the health and well-being of our communities.”

Read the October 4, 2024 Yahoo Finance article.

Read the October 3, 2024 Fortune article.

18 Consumer Groups Oppose Proposed Capital One and Discover Merger

 

A coalition of 22 advocacy groups warned in a letter to Jerome Powell, the Fed chair; Martin Gruenberg, chair of the Federal Deposit Insurance Corp; Michael Hsu, acting comptroller of the currency; and Jonathan Kanter, assistant attorney general at the Department of Justice (DOJ), that the merger would "further concentrate risk" in the financial system and should be stopped. They urged regulators to block Capital One’s $35bn takeover of Discover. Urging the Federal Reserve and DOJ to intervene, the coalition stated that combining two of the largest US credit card companies would damage competition, and permit Capital One to hike fees after closing the acquisition, announced by the companies last month.

Signatories included the National Community Reinvestment Coalition (NCRC), the American Economic Liberties Project (AELP), Public Citizen, and Americans for Financial Reform.

In a statement, a Capital One spokesman said it had a “long history” of serving consumers and businesses with “best-in-class” products and services. “As this process moves forward, we are fully committed to engaging with consumer organizations and other stakeholders to demonstrate the significant benefits of this transaction to consumers, communities, and competition in the marketplace.”

The NCRC responded that “Capital One is a notorious bad actor, even at its current size, and should not be allowed to further concentrate market power.” Capital One is one America’s biggest banks, and a key issuer of Visa and MasterCard credit cards in the US. Discover, with 305 million global cardholders, is one of the largest card payment networks in the US.

While Capital One argues that the merger would enable it to “build a payments network that can compete” with the market’s largest players, the AELP pointed out that “Vague claims that the merger will benefit competition in payment networks are a Trojan Horse concealing the merger’s real goals: higher interchange fees, more costly credit cards, and a surge in size connoting an implicit too-big-to-fail government backstop. It might be lucrative for Capital One, but everyone else will pay.”

Capital One expects to close the deal by late 2024 or early 2025, subject to regulatory and shareholder approvals. 

*****

Read the March 6, 2024 Guardian article.

Read the March 6, 2024 NCRC article.

The Fed declined to comment.

The largest credit union rejected over 50% of its Black home mortgage applicants

A CNN analysis has found that Navy Federal Credit Union (Navy Federal) - the largest credit union - has the widest disparity in mortgage approval rates between White and Black borrowers of any major lender. In 2022, the disparity increased.

Navy Federal was founded in 1933 to serve Navy employees, but is now open to all members of the armed forces, Department of Defense personnel, veterans, and their relatives. With a membership around 13 million, it has over $165 billion in assets. Navy Federal lends to military servicemembers and veterans. 

Navy Federal approved more than 75% of the White borrowers who applied for a new conventional home purchase mortgage in 2022, according to the most recent data available from the Consumer Financial Protection Bureau. Less than 50% of Black borrowers who applied for the same type of loan were approved. In 2022, the credit union rejected about 3,700 Black applicants for home purchase mortgages. Navy Federal also approved Latino borrowers at significantly lower rates than White borrowers.

While many banks - in Baltimore and elsewhere - also approved White applicants at higher rates than Blacks, the almost 29% gap in Navy Federal’s approval rates was the widest of any of the 50 U.S. lenders that originated the most mortgage loans in 2022. The disparity was the same for White and Black applicants who had similar incomes and debt-to-income ratios. Navy Federal approved a slightly higher percentage of applications from White borrowers making below $62,000 a year than it did of Black borrowers making $140,000 or more.

CNN's statistical analysis also found that Black applicants to Navy Federal were over twice as likely to be denied as White applicants even when over 12 different variables – such as income, debt-to-income ratio, property value, downpayment percentage, and neighborhood characteristics – were the same.

Mortgage lending experts and fair housing advocates commented that the racial gaps in Navy Federal’s approval rates were very large and raised questions about the institution’s lending practices. Lisa Rice, the president and CEO of the advocate National Fair Housing Alliance said the racial gaps in Navy Federal’s lending identified by CNN were “some of the largest I’ve seen.”

It is important to note that CNN’s analysis doesn’t prove that Navy Federal discriminated against any borrowers. However, it does show significant disparities in the credit union’s approval rates for borrowers of different races – and that it has larger racial gaps than many other large financial institutions. The analysis was based on data collected under the Home Mortgage Disclosure Act.

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Read the December 14, 2023 CNN article.

Register for NCRC's 2024 Just Economy Conference

 

Are you passionate about building a more just and equitable future? If so, would you be interested in becoming an NCRC member and enjoying discounted tickets for the 2024 Just Economy Conference?    The 2024 Just Economy Conference is the leading national conference for economic and social justice. Don’t miss your chance to join activists, elected officials, policymakers, community leaders, civil rights groups, faith-based organizations and economic and social justice advocates from across the nation. This is your chance to connect with a vibrant community of individuals dedicated to making a difference.   Join NCRC today and gain access to exclusive member benefits, including discounted tickets for the conference. NCRC members will also have the opportunity to participate in our Hill Day on April 2.    Treat yourself to a holiday gift of a Just Economy Conference ticket today!    We can’t wait to see you there, Team NCRC P.S. If your organization doesn’t qualify for NCRC membership, you can join our Just Economy Club, and still enjoy some of the perks of membership, like discounted tickets to the Just Economy Conference!

***** Source: National Community Reinvestment Coalition (NCRC) email, December 14, 2023.

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 KeyBank Provided Less Loans to Black And Low-Income Homebuyers in 2022

A National Community Reinvestment Coalition (NCRC) analysis of the most recent federal data on mortgage lending has found that Black borrowers were 2.6% of the Cleveland-based bank’s home purchase mortgage lending in 2022, down from 3% in 2021. KeyBank has provided fewer percentage of its loans to Blacks each year since 2018, when 6.5% were to Blacks.

In 2022, KeyBank made 19.2% of its home purchase loans to low- and moderate-income (LMI) borrowers, down from 19.7% in 2021. In 2018 more than 38% of such KeyBank loans went to an LMI borrower. Other top lenders made more than 30% of their 2022 purchase mortgages to LMI borrowers and about 7% of them to Black borrowers. 

This performance by KeyBank is "counter to the spirit of the agreement it made with community leaders while seeking clearance for a merger in 2016," as a report NCRC published last year documented. From 2018 to 2022, the Bank's executives hiked shareholder dividends using the new profits from the merger. NCRC's 2022 report detailed KeyBank’s failure in serving low and moderate-income (LMI) and Black borrowers within the communities it pledged to assist. KeyBank in 2016 signed a Community Benefits Agreement (CBA) with the NCRC and various community groups representing those same borrowers’ interests across the U.S. The deal was instrumental in satisfying legal and regulatory requirements in KeyBank’s merger with First Niagara Bank.  

By 2021, KeyBank had become the worst major mortgage lender for Black borrowers. NCRC cut ties with KeyBank after discovering the bank’s lower performance regarding Black and LMI borrowers, and notified regulators that the bank should receive a downgraded Community Reinvestment Act rating. The Bank first released "misleading and inaccurate responses asserting it had not done what the numbers show, it was later forced to commission a racial equity audit once shareholders applied pressure."

Read the November 9, 2023 NCRC article.