HUD Reaches Settlement With BofA and Fannie Mae on Fair Housing Act Violation – NMP Skip to main content

HUD Reaches Settlement With BofA and Fannie Mae on Fair Housing Act Violation

Jun 10, 2013

The U.S. Department of Housing & Urban Development (HUD) has announced that it has reached a Conciliation Agreement with Bank of America and Fannie Mae, settling allegations that the Charlotte, N.C.-based lender and Fannie Mae violated the Fair Housing Act by denying a borrower’s application to modify her mortgage loan because she did not provide sufficient information about the nature of her disability. The woman was applying for a loan modification through the Obama Administration’s Home Affordable Modification Program (HAMP). “People with disabilities should not have to answer unnecessary questions about the nature of their disability when seeking a loan modification,” said Bryan Greene, HUD General Deputy Assistant Secretary for Fair Housing and Equal Opportunity. “HUD will continue to take action against lenders that subject persons with disabilities to discriminatory practices.” According to the complaint, a San Bruno, Calif. woman applied for a loan modification at Bank of America that would have reduced her interest rate and made it easier for her to pay her mortgage after her disability caused her to miss several months of work. During her extended leave of absence, the woman used her savings to pay her mortgage. Fearing that she would not be able to continue paying her mortgage without a lower interest rate, the woman applied for the loan modification, citing her physical “hardship.” In responding to her request, a loan officer with the bank asked her to provide documentation relating to her medical condition. The woman provided the loan officer with a letter from her physician, a current medical bill, and a letter from her employer certifying her approved leave of absence due to her disability. Still, the bank denied her application, allegedly telling her that she had not provided sufficient information about the nature of her disability. Even after the woman provided another letter from her physician and insurance records showing her medical treatment between 2007 and 2011, the bank reportedly denied her modification application and Fannie Mae allegedly stated that her doctor’s letters and other documentation were insufficient to show that she was permanently disabled. Under the terms of the agreement, Bank of America will pay the woman $22,449, which includes $19,349 to cover the approximate closing costs on a refinance loan, and agreed to follow HAMP and Fannie Mae’s servicing guidelines. Bank of America will also provide fair lending training to its newly-hired employees. In addition, Fannie Mae will pay the woman $3,400.
About the author
Published
Jun 10, 2013
Jobs Report Comes In Weak After Mortgage Rates Surge

Employers added just 29,000 jobs in September, sending Treasury yields lower and offering a potential counterweight to the recent rise in mortgage rates

Oct 02, 2026
Price Cuts Hit Four-Year High As Mortgage Rates Top 7%

More than one in five listings took a price cut in September, but pending sales still posted their sharpest annual decline since March 2025

Oct 01, 2026
Serious Mortgage Delinquencies Rise 19% After Five Months Of Improvement

ICE data shows 574,000 mortgages were at least 90 days past due in August, while early-stage delinquencies remained below year-ago levels

Sep 29, 2026
Smaller Down Payments Give Buyers More Room, But Rates Limit The Savings

The typical down payment fell 9% from a year ago, while shifting market conditions are giving originators different affordability conversations across the country

Sep 25, 2026
Mortgage Rates Break 7% Just As Builders Find A Way To Move Buyers

New-home sales rose 6.4% in August as builders cut prices, offered incentives, and sold more lower-priced homes. Now mortgage rates are moving against buyers again

Sep 25, 2026
Borrowers Want Digital Closings, But Some Originators Remain Hesitant

ServiceLink finds 45% of surveyed LOs cite borrower reluctance as a barrier, even though most recent buyers say digital options would influence their choice of mortgage provider

Sep 23, 2026