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Enforcing Fair Lending: Evidence from Mortgage Market Litigation

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Abstract

Does fair lending litigation impact mortgage lender decisions? Using a novel dataset of all fair lending legal actions from 1991 to 2023, we find that it does. In the wake of legal settlements for discrimination against Black borrowers, lenders significantly reduced denial rates for Black applicants. The reductions offset pre-litigation racial disparities in denial rates by litigated banks, relative to those banks' competitors. Origination rates for Black applicants also increased post-litigation. We further observe evidence of a spillover effect on the approval decisions of non-litigated banks operating in the same city as a litigated bank. Altogether, the evidence suggests that the enforcement of fair lending laws is an effective tool to reduce racial discrimination in credit markets.

Suggested Citation

  • Matthew Maury & Michael Suher & Jeffery Y. Zhang, 2026. "Enforcing Fair Lending: Evidence from Mortgage Market Litigation," Finance and Economics Discussion Series 2026-012, Board of Governors of the Federal Reserve System (U.S.).
  • Handle: RePEc:fip:fedgfe:102842
    DOI: 10.17016/FEDS.2026.012
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    1. Will Dobbie & Andres Liberman & Daniel Paravisini & Vikram Pathania, 2021. "Measuring Bias in Consumer Lending [Loan Prospecting and the Loss of Soft Information]," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 88(6), pages 2799-2832.
    2. Byeongchan An & Robert M. Bushman & Anya V. Kleymenova & Rimmy E. Tomy, 2022. "Social Externalities of Bank Enforcement Actions: The Case of Minority Lending," Finance and Economics Discussion Series 2022-036, Board of Governors of the Federal Reserve System (U.S.).
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