Rocket settles fair lending complaint with HUD

Rocket Mortgage has entered into a conciliation agreement with the Department of Housing and Urban Development resolving a fair lending complaint related to a home being financed within the reservation boundaries of a federally recognized tribe.

The complainants, whose names were redacted from the agreement, looked to purchase a property located in the Flathead Indian Reservation but Rocket Mortgage denied their application. The complaint was made against the company and one of its mortgage bankers, Mike Gunn, in an August 2023 filing.

The people who filed the complaint alleged that because of the denial by Rocket, they were forced to pay a higher interest rate and accept a loan from another lender on less favorable terms, a HUD press release said.

"Respondents deny that the factual allegations are true or accurate, deny that they, or either of them, engaged in any discriminatory housing practices, and deny that they, or either of them, discriminated against Complainants in any manner," the agreement stated.

However, Rocket did agree to pay the complainants $65,000 to resolve the matter. The agreement stated that Rocket already provides fair lending training to its employees but will now have "clarified policies and procedures" on how applicants whose property is within the boundaries of a Native American reservation can qualify for a mortgage.

The agreement has an outreach/social media component as well, with the company to add "specific content on its website and make social media postings…linking to the website content" describing how its "broad range of financing options are available for otherwise eligible applicants whose loans are secured by fee simple property" on reservations.

In addition to payment to the people who made the complaint, Rocket will be spending at least $30,000 to provide financial support for programs that improve housing conditions, consumer financial literacy and education, outreach and homeownership education or counseling for Native Americans, HUD said.

Rocket had not returned a request for comment by deadline.

Efforts to expand mortgage lending to Native American communities has been difficult. Last month, a U.S. Senate committee held a hearing on a rural housing bill that includes a provision to make permanent a community development financial institution that services that populace.

HUD offers the Section 184 Indian Home Loan Guaranty Program. A 2013 National Mortgage News article on the program noted that the biggest difficulty for lending for these properties was land status.

Many properties on a reservation are on land held in trust — they are owned by the U.S. government but held in trust for either the tribe or an individual, making it difficult to lend upon.

In March, HUD published a final rule updating the Section 184 program.

"The new regulations will bring more clarity and predictability to this important program, and we applaud the Administration for the improvements and their efforts to work closely with Tribal leaders and other stakeholders," Miki Adams, president of the CBC Mortgage Agency, owned by the Cedar Band of Paiutes, said at the time. "There is still more that must be done to modernize the program and we look forward to working collaboratively with HUD on future improvements."