Federal mortgage-related laws
Fair lending questions ask you to spot a prohibited basis, a forbidden question, a missed notice deadline or a discriminatory practice such as redlining. Know which characteristics each law protects and the ECOA timing rules.
Federal mortgage-related laws4 min read8 sections
Fair lending runs through the whole outline: federal law, ethics and origination. The test describes an MLO's words or a lender's policy and asks which law it breaks, or what notice is due and when.
| Characteristic | ECOA (Reg B) | Fair Housing Act |
|---|---|---|
| Race, color, religion, national origin, sex | Yes | Yes |
| Marital status | Yes | No |
| Age (if able to contract) | Yes | No |
| Receipt of public assistance income | Yes | No |
| Good-faith exercise of CCPA rights | Yes | No |
| Familial status | No | Yes |
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| Handicap (disability) |
| No |
| Yes |
Discrimination includes disparate treatment (treating someone differently because of a protected trait). Disparate impact (a neutral policy with an unjustified disproportionate effect) is still a theory under the Fair Housing Act (24 CFR 100.500), but from 21 Jul 2026 Regulation B states that ECOA does not provide for it (12 CFR 1002.6(a), as amended at 91 FR 21620). Discouraging applicants on a prohibited basis is also illegal; since the same rule, 1002.4(b) covers statements that would lead a reasonable person to expect denial or worse terms because of a protected characteristic (as at Oct 2026).
