CFPB Takes Action Against Draper & Kramer Mortgage for Discriminatory Mortgage Lending Practices

 

The Consumer Financial Protection Bureau (CFPB) has alleged that Draper & Kramer Mortgage Corporation (Draper) committed discriminatory mortgage lending activities by discouraging homebuyers from applying to Draper for homes in majority-Black and Hispanic neighborhoods in the greater Chicago and Boston areas. The CFPB alleges that Draper located all its offices in majority-white neighborhoods, concentrated its marketing in majority-white neighborhoods, and avoided marketing to majority-Black and Hispanic areas. This resulted in disproportionately low numbers of mortgage loan applications and mortgage loan originations from majority-Black and Hispanic neighborhoods in Chicago and Boston compared to other lenders. If entered by the court, the proposed order would ban Draper from engaging in residential mortgage lending activities for five years, and require the lender to pay a $1.5 million civil money penalty into the CFPB's victims relief fund.

The CFPB alleges that, from 2019-2021, Draper redlined majority-Black and Hispanic neighborhoods in the greater Chicago and Boston areas, resulting in it significantly underperforming its peers in lending activity to these areas. Draper discouraged mortgage applicants from making or pursuing an application for credit on the basis of race, color, and national origin, violating the Equal Credit Opportunity Act and Regulation B.

Specifically, the CFPB alleges that Draper violated the law by:

(1) Intentionally focusing mortgage lending activities in majority-white neighborhoods and excluding Black and Hispanic neighborhoods: Draper had no offices, no loan officers, and virtually no marketing or outreach in majority- or high-Black and Hispanic neighborhoods in Chicago and Boston. Draper did not assign any loan officers to solicit applications in majority-Black and Hispanic communities and failed to train or incentivize its loan officers to lend in these communities. Draper's outreach and marketing targeted majority-white neighborhoods and largely avoided majority-Black and Hispanic neighborhoods; and 

(2) Discouraging mortgage applicants from pursuing properties in majority-Black and Hispanic neighborhoods: Draper's business model discouraged borrowers from applying for loans to purchase property in these neighborhoods. Draper's peer lenders had applications for properties in majority-Black and Hispanic areas in the Chicago metro at over two and-a-half times the rate and in the Boston metro area at three times the rate that Draper generated such applications. Draper also originated disproportionately low amounts of mortgage loans for properties in these neighborhoods, with peers in Chicago and Boston originating two and-a-half times more loans than Draper in majority-Black and Hispanic neighborhoods.

If entered by the court, the CFPB order would require Draper to: (1) Cease residential mortgage lending activities for five years: Draper cannot perform any residential mortgage lending activities, nor receive any compensation for any residential mortgage lending; and (2) Pay a $1.5 million civil penalty to the CFPB's victims relief fund.

Consumers can submit complaints about financial products and services by visiting the CFPB's website or by calling (855) 411-CFPB (2372).

Employees who believe their company has violated federal consumer financial protection laws are encouraged to send information about what they know to whistleblower@cfpb.gov. To learn more about reporting potential industry misconduct, visit the CFPB's website.

Read today's proposed order.

Read the January 17, 2025 CFPB press release.

KeyBank Criticized by Advocates for Not Improving Performance in Cleveland's Low-Moderate Neighborhoods

Cleveland-based KeyBank - which mortgage lends in Baltimore - has criticized for years that it has systematically failed minority residents in its own hometown. In November, 2023, the National Community Reinvestment Coalition released a critical report on the bank for "betraying" Black applicants in search of home loans. In 2022, the report found, just 2.6% of KeyBank's Cleveland lending went to Black borrowers, down from 3% the year prior.

While KeyBank denied the report's findings and cited recent improvements, Cleveland City Councilman Richard Starr, whose Ward 5 has had decades of disinvestment, criticized the bank. Starr describes his ward as “a low moderate neighborhood” that is diverse. The median household income is around $13,000. He agreed with the report's stance that KeyBank did not meet the criteria of what was supposed to be a promise to promote and work towards social and racial equity for Black and low-income homebuyers.

In 2016, KeyBank made a $16.5 billion dollar community benefits agreement, with a goal to invest $5 billion in lending to Black and low-income neighborhoods, but reports show it failed to do this. Starr also said "...they have shown that they have redlined in the neighborhoods that majority African Americans live in, and that is no way to call yourself a key player in the community.”

KeyBank denies Starr’s claims, saying that it has acted to increase Black and minority lending in Cleveland. “Nationally, our percentage of applications from Black borrowers has grown from 2.6% in FY20 to 7.6% YTD 2024,” according to KeyBank, adding that Black borrowers in Cleveland grew from 5.7% to 27% since 2020, and that the bank has hired a Community Lending team to create support for underserved communities in Cleveland and launched the Neighbors First Credit program in 2023, providing more than $200,000 in credits to homebuyers, and has helped 41 clients in the Cleveland metro.

Starr says the Black community has not seen the results of any of KeyBank’s investments: “Despite being headquartered in Cleveland, KeyBank has not made significant investments in our major underserved neighborhoods, leaving many areas in economic stagnation.” Starr says KeyBank’s performance under the Community Reinvestment Act (CRA) has been “unsatisfactory,” and they have not met the credit needs of low- and moderate-income neighborhoods.

He calls on KeyBank to improve their efforts and create real investments for Cleveland’s underserved communities. He asks how the bank has supported financial literacy, provide transparency in how much it has reinvested in Cleveland's poor neighborhoods recently, better support affordable housing projects, improve supplier diversity, and make more firm commitments.

Read the July 26, 2024 Cleveland Scene article.

46th Anniversary of Community Reinvestment Act (CRA)

 Important Law Against Lending Discrimination Celebrated

The following is from an October 12, 2023 email blast from the National Community Reinvestment Coalition (NCRC) which works to lessen mortgage lending discrimination.

Tomorrow, October 12, the Community Reinvestment Act (CRA) turns 46! As we excitedly await the new federal rule that is both long overdue and essential, we reflect upon what CRA has done in the last four decades, and what it could do for underserved communities all across America with the proper updates and modernization.  Join us tomorrow, all day across all social media platforms, as we acknowledge and celebrate the Community Reinvestment Act. Here are some sample messages and graphic to encourage your participation.

CRA Birthday Toolkit

CRA requires banks to meet the credit needs of all communities, including LMI areas, consistent with the safety and soundness of the banks’ operations. The law created a framework wherein community organizations, banking regulatory agencies and financial institutions interact in assessing how well a financial institution is meeting the needs of disadvantaged communities. This framework has proven critical in promoting greater investment and service in areas that banks might otherwise disregard.    NCRC and our members have used the CRA to negotiate community benefits agreements (CBAs) with 21 different banks, totaling over $574 billion in loans and investments for affordable housing, small businesses, economic development and bank branches in low- and moderate-income neighborhoods and communities of color.   Let’s celebrate CRA and encourage the banking regulators to release the rule we have all been waiting for!   Thanks for all that you do, Team NCRC

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