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WHAT YOU SEE, IS NOT WHAT YOU GET!

j0400968.jpgIn Oparaji v. New York Mortgage Co. , Maurice Oparaji sued New York Mortgage Company for racial discrimination violative of federal law -- specifically, 42 U.S.C. ยง 3605 -- after his loan application was denied.

The refusal's purported basis was that the property Oparaji wanted to purchase wasn't habitable and didn't satisfy Fannie Mae's appraisal guidelines.

When the Bronx County Supreme Court denied Oparaji's request for relief and dismissed the case, he appealed to the Appellate Division, First Department.

The AD1 found N.Y. Mortgage Co. had properly supported its basis for the loan's denial based on an appraisal report which showed the dwelling was missing floors, windows, kitchen and bathroom utilities, and was being sold "as is." (Oparaji was unable to show the report was a discriminatory pretext for the company's actions.)

Did Oparaji have a clear case of denial?

j0163113.gifTo download a copy of the Appellate Division's decision, please use this link: Oparaji v. New York Mortgage Co.

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