The Professional was asked, “Where do i find the legal reasons for adverse actions for a loan denial”.
Great questions and in an unusual place, in my opinion. These regulations are under ECOA (Equal Credit Opportunity Act) section 209.9 Notifications. Here is how it’s worded in the law.
(2) Content of notification when adverse action is taken. A notification given to an applicant when adverse action is taken shall be in writing and shall contain a statement of the action taken; the name and address of the creditor; a statement of the provisions of § 701(a) of the Act; the name and address of the federal agency that administers compliance with respect to the creditor; and either:
(i) A statement of specific reasons for the action taken; or
(ii) A disclosure of the applicant’s right to a statement of specific reasons within 30 days, if the statement is requested within 60 days of the creditor’s notification. The disclosure shall include the name, address, and telephone number of the person or office from which the statement of reasons can be obtained. If the creditor chooses to provide the reasons orally, the creditor shall also disclose the applicant’s right to have them confirmed in writing within 30 days of receiving the applicant’s written request for confirmation.
Here is a link that provides more detailed information, and at the end of the page gives acceptable examples of adverse action letters. http://www.fdic.gov/regulations/laws/rules/6500-2900.html
Keep the questions coming!
Tags: Adverse Action, Credit Denial Letters, ECOA
