The U.S. Treasury Department is stepping in where the current housing crisis left off with a new “fair lending unit” that demands that once again, banks make loans not based on credit scores or worthiness, but based on race and ethnicity. “The foreclosure crisis…disproportionately touches communities of color,” explains Thomas Perez, head of the department’s civil rights division. He explains that lending discrimination (which he compares to cross-burning) is “discrimination with a smile” and goes on to say that even if lenders are not actually discriminating based on race or ethnicity, if “the cumulative effect of their actions implies discrimination,” then they can still be sued for the crime[1].

Let’s get clear here: Discrimination is wrong, and it’s easy to spot.  Here’s a simple test:  If two parties are equally compliant with a clear standard of measure, yet one of the parties is singled out in some way that is external to the clear standard, that is discrimination.

Therefore, it is actually discriminatory to pursue charges of criminal conduct against legitimate, law-abiding businesses for no more reason than the fact that some bozo named Perez doesn’t like the racial distribution of mortgages granted based on 100% legal standards.  Remember:  There are thousands of lenders all over America who have absolutely played by the rules and done a good, ethical job.  But if this guy Perez doesn’t like the racial distribution of the loans granted by these lenders – even though the approval standards are 100% legal – he has stated he will pursue criminal action against them.

You know there’s a problem when a government official suggests that a financial matter of any sort is in any way similar to something as despicable as cross-burning.  This is clear evidence that there’s no rational or legal justification for their opinion, so they have to incite rage which encourages emotion and discourages rationality.

It is not a gift to give a person a financial commitment that they are unable to fulfill – and that’s true regardless of a person’s race.  In fact, such an act is malicious, and is the basis of our present housing crash.  What Perez is suggesting will not only ultimately lead to another housing crash – probably before the wreckage of this one has been completely cleaned up – but also is intentionally designed to financially damage the people in this country who are already hurting the most and can least afford this kind of deception.

Thank you for reading the Bryan Ellis Real Estate Letter.

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[1] http://online.wsj.com/article/SB10001424053111904199404576538283776006582.html