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A Dream Foreclosed? Using the Equal Credit Opportunity Act to Challenge and Prevent Foreclosures

By Jennifer D. Newton & Tamara St. Hilaire

The Equal Credit Opportunity Act forbids creditors from considering race and other prohibited factors when extending offers of credit. The Act contains antidiscriminatory provisions and notice requirements that can be used affirmatively to prevent foreclosure or as a defense in a foreclosure action. The Act can be a powerful tool in combating foreclosures resulting from subprime lending that targeted minorities and other vulnerable groups.

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