Justice Department Sues Rocket Mortgage, Appraisal Management Company and Appraiser for Race Discrimination in Mortgage Refinance Application

The Justice Department announced today that it has filed a lawsuit alleging that Rocket Mortgage LLC; Solidifi US Inc.; Maverick Appraisal Group Inc.; and Maksym Mykhailyna discriminated against a Black homeowner by undervaluing her home based on her race in an appraisal required as part of a home mortgage refinance application. The United States also alleges that Rocket Mortgage retaliated against the homeowner and interfered with her rights by cancelling her mortgage refinance application when she reported this discrimination.

“This lawsuit is part of our ongoing efforts to bring an end to appraisal bias which prevent Black communities and other consumers of color from accessing credit and benefitting from homeownership,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Appraisal bias exacerbates the racial wealth gap, and runs contrary to the principles of fairness, transparency and equity that we need in our housing market today. The Justice Department will continue to hold appraisers, lenders and others who discriminate against loan applicants accountable for their actions. No one should have to suffer the indignity and financial harm associated with appraisal bias.”

“The complaint alleges racially discriminatory practices by a lender and an appraiser that harmed a homeowner. These discriminatory practices have gone on for too long in Denver,” said Acting U.S. Attorney Matt Kirsch for the District of Colorado. “The U.S. Attorney’s Office is committed to addressing persistent inequities in housing through vigorous enforcement of federal laws prohibiting discrimination in housing and lending.”

The Justice Department’s complaint alleges that a homeowner applied for a mortgage refinance loan from Rocket Mortgage in January 2021, and Rocket Mortgage contracted with an appraisal management company, Solidifi US Inc., to complete the required home appraisal. Solidifi retained Mykhailyna and his company, Maverick Appraisal Group, to appraise the home, which is located in a neighborhood in Denver that is predominantly white. The complaint alleges that Mykhailyna used sales from properties in further-away neighborhoods with larger Black populations instead of closer neighborhoods that were predominantly white. In fact, the complaint alleges Mykhailyna failed to consider data from sales of homes less than a mile from the complainant’s property in an adjoining neighborhood, even though a few months earlier he had used sales of homes in that same neighborhood to support an appraisal of a home with a white owner in the complainant’s neighborhood. The complaint alleges that these and other errors demonstrate Mykhailyna undervalued the property because of race and color.

Mykhailyna appraised the property to be over $200,000 lower than an appraisal on the same property that had been completed less than a year before, a more than 25% decrease at a time of rising home values in the Denver.

As alleged in the complaint, Mykhailyna sent his appraisal to Solidifi, which reviewed it and then forwarded it to Rocket Mortgage and the homeowner. When the homeowner received the appraisal, she contacted Rocket Mortgage and explained why she believed it was discriminatory. In response, Rocket Mortgage cancelled her refinance application. She filed a complaint with the Department of Housing and Urban Development (HUD), which later conducted an investigation, determined that there was reasonable cause to conclude the defendants had violated the Fair Housing Act, and referred the matter to the Justice Department.

“HUD applauds today’s action and remains committed to working with DOJ to ensure appraisal companies and mortgage providers are held accountable when they violate our nation’s fair housing laws.” said Principal Deputy Assistant Secretary Diane M. Shelley of HUD’s Office of Fair Housing and Equal Opportunity. “It has been over 56 years since the passage of the Fair Housing Act, and it is unconscionable that Black and Brown families still face discrimination during housing transactions.”

More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Along with several federal agencies, the Justice Department issued a letter to The Appraisal Foundation underscoring the importance of incorporating federal nondiscrimination standards into appraisal standards. More information about the Interagency Task Force on Property Appraisal and Valuation Equity is available at pave.hud.gov.

Individuals may report housing discrimination to the Justice Department by calling 1-833-591-0291, emailing fairhousing@usdoj.gov or submitting a report online. Individuals also may report housing discrimination to HUD by calling 1-800-669-9777 or filing a complaint online.

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Source: Justice.gov