(a) A lender shall not steer, counsel, or direct any prospective borrower to accept a loan product with a risk grade less favorable than the risk grade that the borrower would qualify for based on that lender’s then current underwriting guidelines, prudently applied, considering the information available to that lender, including the information provided by the borrower. A lender shall not violate this section if the risk grade determination applied to a borrower is reasonably based on the lender’s underwriting guidelines and if it is an appropriate risk grade category for which the borrower qualifies with the lender.
(b) The lender shall not make, or cause to be made, any false, deceptive, or misleading statement, representation, or determination regarding the borrower’s ability to qualify for any mortgage product or the borrower’s credit score.
(May 7, 2002, D.C. Law 14-132, § 206, 49 DCR 2551.)
For temporary (90 day) addition of section, see § 206 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
Structure District of Columbia Code
Title 26 - Banks and Other Financial Institutions
Chapter 11A - Home Loan Protection
Subchapter II - Prohibited Practices
§ 26–1152.02. Insufficient repayment ability
§ 26–1152.03. Restrictions on the financing of single-premium credit insurance
§ 26–1152.04. Restriction on financing origination/discount points and fees
§ 26–1152.05. No encouragement of default
§ 26–1152.06. Unfair steering or improper use of credit scores
§ 26–1152.07. Failing to report favorable payment record
§ 26–1152.08. Home improvement contracts
§ 26–1152.09. No increase in interest rate upon default
§ 26–1152.10. Charges in bad faith
§ 26–1152.11. Failure to timely send disclosure notice
§ 26–1152.12. Prepayment premium, fee or charge
§ 26–1152.13. Limitations on balloon payments
§ 26–1152.14. No call provision
§ 26–1152.15. No negative amortization
§ 26–1152.16. No advance payments
§ 26–1152.17. No advance waivers
§ 26–1152.18. No oppressive mandatory arbitration clause
§ 26–1152.19. Homeownership counseling
§ 26–1152.21. Filing requirements