Jonathan Kolodziej Quoted in Scotsman Guide on CFPB Guidance and Underwriting Expectations

Bradley partner Jonathan Kolodziej was quoted in Scotsman Guide, where he characterized the CFPB’s new guidance as a potentially significant shift because it suggests mortgage lenders may not only be permitted to consider immigration status during underwriting, but also may be expected to do so when evaluating a borrower’s ability to repay a mortgage.

The guidance “suggests that lenders may, in fact, be obligated to consider immigration status when doing their underwriting,” Kolodziej said.

Kolodziej described the guidance as an “important development” because it removes regulatory uncertainty that may have discouraged lenders from factoring immigration status into underwriting decisions.

The practical impact is still uncertain, particularly in light of recent policy changes, including the rollback of certain disparate-impact interpretations.

“I suspect it will take some time to understand what the CFPB expects here and for lenders to figure out how they’re going to go about meeting those expectations,” Kolodziej said. “All lenders should be considering the guidance and doing internal reviews.”

The full article, “CFPB Flags Immigration Status as Potential Factor in Repayment Risk,” was published by Scotsman Guide on June 8, 2026. (login required)