I've been asked by Lenders and Brokers alike, What's the big deal with compliance and fair lending? My Answer - Fair Lending and compliance issues/violations can close your shop.
If fair lending was easy it wouldn't continue to be a major risk management challenge. Designing and managing a fair lending program is not easy. The rules are unchanged. What has changed are tools and the environment. Today's bankers, regulators, community groups and others have more means for identifying, tracking and analyzing patterns and practices of violations of fair lending laws than ever before. Given the regulators' mandate to refer fair lending cases to the U.S. Department of Justice where warranted, this is quite a substantial risk area for banks and other financial institutions.
Some of the most frequent Fair Lending issues seen in prior audits are:
Examiners have also identified the attitude of management. While you may not be able to determine management's attitude, you can make sure that management understands the implications of fairness and how these impact the portfolio from a risk management perspective.