🐐CFPB Wants to Kill Disparate Impact. Will a Return of Redlining Shrink Homeownership for Millions?

CFPB Wants to Roll Back Fair Lending. Borrowers, Realtors, Title Agents, and Even Lenders Will Pay the Price for Bad Politics.

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The Consumer Financial Protection Bureau (CFPB) has proposed a dramatic rewrite of how discrimination in lending is detected, enforced, and punished—and if it moves forward, it would be the most significant rollback of anti-redlining protections in 50 years.

The CFPB’s proposal to scale back disparate-impact enforcement under ECOA isn’t some boring procedural tweak — it strikes at the heart of how redlining is detected and prosecuted.

Disparate impact is the tool regulators use when lenders aren’t explicitly discriminatory, but their policies still screen out entire neighborhoods or demographic groups. Kill or weaken that tool, and suddenly a lender can say, “We treat everyone the same,” even if the outcomes still show clear geographic or racial exclusion.

No surprise: civil rights groups are calling this a gift to lenders who want fewer guardrails around where they market, who they serve, and how they price risk.

This isn’t just regulatory noise — it’s a seismic shift with the power to reshape who gets access to mortgage credit, which neighborhoods receive investment, and how fair-lending cases are prosecuted for the next generation.

And yes, it will hit the title industry long before most people realize what changed.

If you want the full breakdown — what’s really in the rule, why the CFPB is doing it, how redlining risk spikes from here, and what title agents need to watch right now — you’ll find it below.

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