CFPB Slaps Bank Of America With $12 Million Penalty For False Mortgage Data Reporting – NMP Skip to main content

CFPB Slaps Bank Of America With $12 Million Penalty For False Mortgage Data Reporting

Nov 28, 2023
mortgage calculator
News Director

For at least four years, hundreds of Bank of America loan officers failed to ask mortgage applicants certain demographic questions.

The Consumer Financial Protection Bureau (CFPB) issued a $12 million penalty against Bank of America for submitting inaccurate mortgage lending information to the federal government.

The consent order issued Tuesday says that for a period of at least four years, Bank of America's loan officers failed to ask certain required demographic questions to mortgage applicants and falsely reported that these applicants had chosen not to respond.

“Bank of America violated a federal law that thousands of mortgage lenders have routinely followed for decades,” said CFPB Director Rohit Chopra. “It is illegal to report false information to federal regulators, and we will be taking additional steps to ensure that Bank of America stops breaking the law.”

By accepting the penalty Bank of America does not admit or deny wrongdoing in the matter, which covers 2016 through 2021.  

As a result of not asking for the information from borrowers, the bank violated the Home Mortgage Disclosure Act (HMDA), which mandates mortgage lenders report specific information about loan applications and originations to federal regulators.

"Hundreds of Bank of America loan officers reported that 100% of mortgage applicants chose not to provide their demographic data over at least a three month period. In fact, these loan officers were not asking applicants for demographic data, but instead were falsely recording that the applicants chose not to provide the information," the CFPB said in a press release. 

This conduct constitutes a violation of HMDA and its implementing regulation, Regulation C, as well as the Consumer Financial Protection Act.

The CFPB has ordered Bank of America to pay the $12 million penalty to the CFPB's victims relief fund and to take corrective measures to prevent further violations. This enforcement action comes on the heels of other penalties imposed on Bank of America by the CFPB and other regulatory agencies in recent years, totaling hundreds of millions of dollars, for various violations of consumer financial laws.

Bank of America, one of the largest banks in the United States with $2.4 trillion in assets as of June 2023, is required to adhere to federal laws and regulations. The Home Mortgage Disclosure Act and its data collection requirements serve as a tool for monitoring lending practices and identifying potential discriminatory lending patterns within the housing market.

About the author
Christine Stuart is the news director at NMP.
Published
Nov 28, 2023
CHLA Backs Bank Capital Proposal, Questions Impact On Mortgage Lending

Trade group supports lower mortgage risk weights but says broader market forces — not capital rules — drove banks' retreat from the market

Senate Passes 21st Century ROAD To Housing Act In 85-5 Vote

Sweeping housing package heads back to House after Senate clears final version with broad bipartisan support

MISMO Updates Business Glossary To Support AI, eMortgages

New definitions covering eHELOCs, remote online notarization, valuation modernization, and compliance initiatives aim to improve consistency

Underwriters Don’t Slow Down Loans. They Eliminate Uncertainty.

ndustry’s biggest bottleneck is not underwriting itself — it is the uncertainty that reaches underwriting too late in the process. When validation happens upstream, speed follows naturally.

MISMO Launches AI Governance Framework For Mortgage Lenders

New FRAME toolkit gives lenders, servicers, and technology providers a roadmap for managing AI risk while supporting innovation

CFPB Tells Lenders Immigration Status Can Factor Into ATR Analysis

CFPB frames immigration status as a potential ability-to-repay factor when future U.S.-based income is at risk