Mortgages Analyzed
 
Fair Lending Notice

What is Fair Lending Notice?

Fair Lending Notice

The Fair Lending is a California State disclosure that informs the loan applicant that it is illegal to discriminate against credit applicants on the basis of race, color, religion, sex, marital status, national origin or ancestry, and conditions, characteristics, or trends in the neighborhood or geographic area surrounding a housing accommodation.

Purpose

The purpose of Fair Lending Notice is to comply with the provisions of the California Housing Financial Discrimination Act of 1977, which is also known as the Holden Act. The requirement is codified in the section 35830 of California Health and Safety Code.

When is a Fair Lending Notice Required?

California law requires the lender to provide the disclosure to the applicant at the time of receiving a written loan application. The disclosure is required to be provided on mortgage loans secured by properties located in California.

Source :www.MortgagesAnalyzed.com
 

Contents of California Fair Lending Notice

  1. List of Prohibitions: The notice must contain the prohibitions enumerated in Chapter 3 (commencing with Section 35810).
  2. Right to Complain: It must inform the applicant of the right of review provided by Section 35820. This is the right of the applicant to file a complaint with the secretary and/or obtain judicial review of the decision made by the secretary.
  3. Font Size: The notice must be in at least 10 point type format
  4. Secretary’s Address: The notice must include the address of the address of the secretary, or the secretary's designee where complaints may be filed and questions may be asked. The relevant secretary’s address are:
    1. For lender’s regulated by Bureau of Real Estate (BRE) License:
      1. 2550 Mariposa Mall, Suite 3070, Fresno, CA 93721-2273 320
      2. W. 4th Street, Suite 350, Los Angeles, CA 90013-1105
      3. 1515 Clay Street, Suite 702, Oakland, CA 94612-1462 2201
      4. Broadway, P.O. Box 187000, Sacramento, CA 95818-7000 1350
      5. Front Street, Suite 3064, San Diego, CA 92101-3687
    2. For lender’s regulated by Department of Business Oversight(DBO):
      1. Department of Financial Institutions, 300 South Spring Street, Suite 15513, Los Angeles, CA 90013-1204. Telephone: (800) 622-0620
      2. Department of Financial Institutions, 1810 13th Street, Sacramento, CA 95814, (800) 622-0620 or (916) 322-0622.
Source :www.MortgagesAnalyzed.com

Branch Notice

California law requires the lender to post the California Fair Lending Notice at a prominent location in each branch location. This requirement is in addition to providing the fair lending notice for each loan.

Source :www.MortgagesAnalyzed.com
 

Document Summary

 
Fair Lending Notice
Purpose
  • To inform the applicant that the lender does not discriminate on the basis prohibited by California Laws.
  • To comply with California regulatory requirements.
Use in Mortgages
To inform the lender’s fair lending practices
Other Names
  • Holden Act Notice
  • Holden Act Fair Lending Notice
  • California Housing Financial Discrimination Act of 1977 Disclosure
Type
Disclosure
Provided By
Lender
Provided To
Loan applicant
Notarization Required
No
Signed By
None
Life Cycle Stage
Origination
Recordkeeping
A copy of the notice that was sent to the borrower should be maintained in the loan file to demonstrate that the disclosure was provided to the applicant.
Applicable Laws
Section 35830 of California Health and Safety Code
Source :www.MortgagesAnalyzed.com
 

Updated: Aug 08, 2013

Comments

comments powered by Disqus
Discrimination on the basis of race, color, religion, sex, marital status, national origin or ancestry, and conditions is illegal
Finance
Know all there is to know about the US Mortgage Industry. We help you to make a well informed decision.
Finance
Loan Products
Confused about the choosing right loan product for you? We help you decide the loan product that suits your needs best.
Loan Products
Documents
Here you will find all there is to know about the forms, papers & documents required for Home Loan Mortgage and much more.
Documents
Regulation
List of all the Regulations related to US Mortgage Industry.
Regulations