Objectives of the Presentation
Why Should you Attend
- Notifications: Adverse Action Notices and Notice of Incompleteness
- Disparate Impact and How to Watch For It
- Protected Classes
- Timing Requirements for Appraisals
- Providing Credit Information
ECOA covers not only equal credit opportunity for borrowers; it covers how and when borrowers should receive notifications of action taken on their application, how and when they receive appraisals if applicable, and the furnishing of credit information. In 2014, the rule required institutions to send a notice concerning the right to receive a copy of the appraisal. Each application, whether denied or originated, would see an appraisal delivered to the borrower. In 2015, with the implementation of TRID, the initial appraisal disclosure was a part of the new loan estimate form. However, the delivery requirements for the appraisal remained the same.
While the notification requirements within ECOA have been the same for quite some time, there is still much confusion and inaccurate practices around the Notice of Incompleteness, Adverse Action Notices, and how to properly withdraw applications. This webinar will be a great refresher course to re-address these rules and ensure your organization is properly handling the required notifications.
Lastly, it is always a good idea to revisit your policies and procedures to ensure your organization is not creating a disparate impact to the markets you serve. While overt discrimination is extremely rare these days, policies can create a disparate impact which could land your organization in questioning for discrimination.
Who will Benefit
- Chief Compliance Officers
- Compliance Officers
- Operations Personnel
- Loan Officers or Sales Personnel
- Chief Risk Officers
- Credit Risk Officers and Analysts
- Financial Crime Risk/Compliance Managers/Officers
- Branch Managers
The Equal Credit Opportunity Act's (ECOA) purpose is to require institutions that provide extensions of credit to "make credit equally available to all creditworthy customers without regard to sex or marital status." Moreover, the statute makes it unlawful for "any creditor to discriminate against any applicant with respect to any aspect of a credit transaction (1) on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract); (2) because all or part of the applicant's income derives from any public assistance program; or (3) because the applicant has in good faith exercised any right under the Consumer Credit Protection Act."
The act has two principal theories of liability: disparate treatment and disparate impact. Disparate treatment occurs when a creditor treats an applicant differently based on a prohibited basis such as race or national origin. Disparate impact occurs when a creditor employs facially neutral policies or practices which have an adverse effect or impact on a member of a protected class unless it meets a legitimate business need which cannot reasonably be achieved by means which are less disparate in their impact.