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What in the heck does ECOA,FCRA AND FACTA mean????

By
Mortgage and Lending with Major Mortgage USA/Branch Manager

 Yesterday in my office we had a debate on why I give my clients a copy of their credit report and that lead into a discussion of the laws the protect and govern credit.  And while a review of these 3 laws would take thousands upon thousands of words, being the brave or foolish blogger that I am, How about the HIGHLIGHTS if you will

  • EQUAL CREDIT OPPORTUNITY ACT (ECOA)

passed in 1974 to ensure all consumers are given the equal opportunity to obtain credit.  This act was originally based on sex or martial status and was amended in 1976 to include race,age,color national origin.  This is also where Regulation B comes from.  In other words, it is illegal to  ask about your sex,marital status, national origin or religion.  I may not ask if you have a phone in your name.  I may not consider the racially make of of the neighborhood.  The only reason I may inquire about your age is if you are to young to sign legal documents. 

I may not use any judgmental system to evaluate your credit worthiness unless it is an "empirically derived, demonstrably and statistically sound credit scoring system.

A few special interesting items in this act.........

As a lender we must notify you in writing of any adverse action taken on your application and generally within 30 days.

Also, starting in December of 1993 if you ask for a copy of an appraisal, I am required to provide it to you with in 30 days regardless if your loan was approved or denied.

  • FAIR CREDIT REPORTING ACT (FCRA)

Simple right????  This act came to be in 1996 and allows for you to receive a (now) free copy of your credit report every year.  It requires the reporting agencies to treat your credit information with confidentially and accuracy.  It gives you the right to dispute negative items and outlines the dispute process.  It also set up a time limit for negative information to be purged from your credit report.  Most negative information is to be removed after 7 years, but bankruptcy is 10 years.

  • FAIR & ACCURATE CREDIT TRANSACTIONS ACT (FACTA)

Passed in 2003 this act, brings even more to you to help fix negative information.  Before you had to go to the reporting agency, now we can go to the provider.  Personally, I still advise you to go to the reporting agency, because that way it gets fixed permanently.  If we go to the provider it only gets fixed on that report.  This act gives you the right to request a copy of your credit report from me and it also set into play some important consumer protection to help fight identity theft.  This act set in place the "opt out" feature and allows you to put into your credit file a "fraud alert".

 

Eleanor Thorne
Equity Resources - Cary, NC
Advantage Lending 919-649-5058

which one covers medical collections?  Doesn't one of them cover what can be disclosed on a Medical Collection - maybe that's different...

Jun 19, 2008 02:01 PM
Joe Adams
Major Mortgage USA/Branch Manager - Montrose, CO

Eleanor...  medical collections are covered by all and are generally looked over..... but it is the underwriters call

Jun 19, 2008 02:28 PM
William E. Lewis, Jr.
William E. Lewis, Jr. & Associates - Vero Beach, FL
Bill Lewis - Vero Beach, Florida

In the present economy. medical collections ARE NOT excluded from consideration when making a mortgage application.  A single medical collection on an otherwise perfect credit report can dramatically drop your credit score.  My company has been successful in having medical collections deleted at the Equifax, Experian and Trans Union consumer reporting agencies utilizing not only the Fair Credit Reporting Act and the Fair Debt Collection Practices Act, but the HIPPA laws as they relate to the improper reporting of medical debt.  If you have medical collections that are plaguing you, Eleanor, feel free to give us a call.

Jul 14, 2008 08:49 AM
Thomas Hargreaves
TriStar Financial Services - Eugene, OR

Equal Credit Opportunity Act, Fair Credit Reporting Act,  Fair and Accurate Credit Transaction Act,   And the one in a previous question was   Hipaa,  Health Insurance Portability and Accountability Act.  But have year heard of  the Gramm, Leach, Bliley Act  Safeguard Rule.  All those in the mortgage field should be familiar with it.  That rule and FACTA could cost those who keep personal records it they lose personal information.   As an Identity Theft Specialist this is one area that people in the financial world are not keeping up on.   Huge fines can be levied by the FTC for violations.  Just food for thought..  I may go into more debth in a blog.

                                                                   Tom

Jul 15, 2008 05:28 AM
William E. Lewis, Jr.
William E. Lewis, Jr. & Associates - Vero Beach, FL
Bill Lewis - Vero Beach, Florida

As one of our referral lawyers has generically termed each of the consumer protection laws - the alphabet soup of acts.....

One must totally understand what they are dealing with when attempting to remove a collection entry from a credit profile.  Although you can perform self-help credit repair, would you change your own oil, sell your own home, represent yourself in court, or even prepare your own taxes?  I think not.

Jul 18, 2008 10:31 PM