Product: Mortgage

FROM : XXXX XXXX XXXX PRINCIPLE/PRIMARY APPLICANT ( XXXX years of age ) XXXX XXXX XXXX ( XXXX years of age ) APPLICANT XXXX XXXX XXXX XXXX CA XXXX  PHXXXX E-MAIL : XXXX ( XXXX ) XXXX ( XXXX ) CIVIL RIGHTS VIOLATION ( Cal Gov. Code, Sec. 12921 ( b ), and others UNLAWFUL DENIAL OF MORTGAGE APPLICATION AND QUALIFICATION PROCESS AND DENIAL OF PARTICIPATION IN THE NEIGHBORHOOD ASSISTANCE CORPORATION OF AMERICA ( NACA ) HOME BUYING PROGRAM. DISCRIMINATION, MARITAL STATUS ( Cal Gov. Code 12955 ( e ), Cal Civ. Code, Sec. 51, and others, infra ) MISREPRESENTATIONS-Bus & Prof Code 10176. XXXX XXXX XXXX, NACA MORTGAGE CONSULTANT, NMLS # XXXX  LICENSE # XXXX XXXX NACA DRE CORPORATION # ID XXXX NACA NMLS COMPANY ID # XXXX STATEMENT OF FACTS NOTE PG XXXX WIFE WILL BE ADTL ACT HLDR-BUT NOT YET : NACA MTG CONSULTANT XXXX XXXX XXXX DENIED APPL XXXX XXXX XXXX, & XXXX XXXX  PARTICIPATION IN NEIGHBORHOOD ASSISTANCE CORPORATION OF AMERICA ( HEREINAFTER, NACA ) MORTGAGE HOME BUYING PROGRAM ON THE BASIS THAT XXXX XXXX HAD PROPERTY OR A PROPERTY INTEREST. HE HAS NO PROPERTY INTEREST. XXXX XXXX HAS A SOLE AND SEPARATE PROPERTY, WHICH ACCORDING TO NACA WORKBOOK REQUIREMENTS WOULD HAVE BEEN TRANSFERRED PRIOR TO ANY NACA -- INVOLVEMENT, CONSUMATED PURCHASE AND SALE AGREEMENT, OR " CLOSING '', AS THE CASE MIGHT BE. THE DISCRIMINATORY DENIAL WAS BASED ON A MISREPRESENTATION OF MORTGAGE CONSULTANT XXXX XXXX XXXX, AND ACCORDING TO CALIFORNIA LAW, A VIOLATION OF A CIVIL RIGHT. After reliance on first meeting statements of representatives of the HUD Certified Counseling Agency Neighborhood Assistance Corporation of America 's ( Hereinafter NACA ), and the ADVOCACY HOMEBUYING HOME SAVE HOME BUYER 'S WORKBOOK ( hereinafter, WORKBOOK ) for preparation, four phone calls, many hours preparation, obtaining and e-mailing documents ),XX/XX/XXXXtwo trips totaling XXXX plus miles -- XXXX to an original required meeting, inXX/XX/XXXX, XX/XX/XXXXCA (XX/XX/XXXX miles round trip, 5 hours ). A Second mandatory step was attending a confirmed appointment to the Housing Counselor Meeting, XX/XX/XXXX, scheduled at XXXX XXXX XXXX XXXX XXXX XXXX  California. ( XXXX miles roundtrip, 5 hours total ), which we did. At or about XXXX XXXX., that date, after completing additional paperwork, for the initial Housing Counselor meeting, the Secretary/office assistant handed membership agreements and other forms which were negotiated by XXXX XXXX and this writer. Inspecting the forms, the Secretary/office assistant raised an issue we understood and believed -- on investigated information and belief -- proved quite clear in XXXX separate paragraphs in the WORKBOOK, which had been received previously attending the above XXXX XXXX, XX/XX/XXXXmeeting -- present ownership interest in property. The XXXX XXXX assistant communicated by computer to whom she described as her " manager ''. We had mentioned " double escrow '' when assistant first raised the issue, to ostensibly her puzzlement. She ostensibly tried to thwart the meeting at the its inception, after we signed the membership agreement, and other documents, and our respective drivers ' licenses scanned. XXXX XXXX XXXX XXXX  finally came out to greet and see us, professionally and courteously, and knowledgeable, with whom we spent at or about 45 minutes. With an MC before the name on his card, we discussed in his office WORKBOOK parameters, and the issue the Secretary/office assistant had raised ( see infra ), and our analysis of certain clauses. ( We later presumed " MC '' stood for mortgage consultant as well. And we had no problem with him ). We pointed to XXXX applicable WORKBOOK phrases and our plan with respect to them, inculcating several analyses of customs a usages of California real estate procedures. THE WORKBOOK STATED THE PURPOSE OF HOUSING COUNSELOR MEETING AGENDA, which included analyzing e-mailed documents, budgets, and other steps yet to be gone over. We had not gotten into any ACTION PLAN and the next steps. XXXX XXXX recognized our concern of XXXX seemingly, contrary clauses which circumstance ( potentially applicable only to XXXX XXXX ) had been mentioned by the office assistant, and our plain- meaning interpretation of them being read together. He consulted a stack of papers he identified as underwriting guidelines '', indicating in passing. " 'They ' will never qualify you ''. We pointed out those initial observations were in contradistinction of that published in the WORKBOOK. Requesting a copy of those underwriting guidelines, I mentioned that for those like we applicants who rely on the WORKBOOK, such guidelines should have been included in it -- words to that effect. MC XXXX replied it was an internal document. We said we still wanted to go through the procedures, and would take up any negating issues elsewhere, should need arise. Just as XXXX XXXX  was about to begin the paperwork and process, presumably steps XXXX inclusively in the WORKBOOK, he said had to consult another mortgage consultant. NACA mortgage consultant MC XXXX XXXX XXXX came to the area. She immediately precluded that commencement. [ ( Note : Memorandum of Conversation written : XXXX XXXX,XX/XX/XXXX regarding Neighborhood Assistance Corporation of America meeting XXXX XXXX XXXX XXXX CA, XXXX. ( signing of additional documents ) XXXX XXXX. until at or about XXXX. ) ] MC XXXX XXXX XXXX precluded that commencement. She ascerbically ( this writer 's opinion ) informed us that we could NOT start the process. We indicated as the principal, I had no interest in any property, attempting to list the WORKBOOK clauses countering her position, which she stopped. She that she had 4 years experience working with the program and since " XXXX had a house, " it was XXXX '', or words to that effect. Again, I referred her to the WORKBOOK. Without listening, she said, " she knew what was in the book ''. I requested her card, which she provided. To our dismay and opinion, MC XXXX XXXX XXXX demeanor and words -- without listening- was not in comport with NACA STATEMENT : TO WORK WITH HOME BUYERS TO ASSIST THEM THROUGH THE PROCESS. '' Mortgage Consultant XXXX  misrepresented the information, and basis to us, the listening office Secretary/ assistant, and XXXX XXXX . We submit, she misrepresented California property law. She specifically targeted XXXX XXXX 's marriage to me, alluding to a non-existent XXXX  split interest. She said we could not begin/apply, qualify, participate in and for the NACA MORTGAGE assistance. The she continued, switching gears slightly, dismissively stating we were NOT ELIGIBLE FOR THIS PROGRAM BECAUSE YOUR WIFE OWNS PROPERTY ''. Mortgage Consultant XXXX XXXX XXXX XXXX verbal act negated our participation in NACA program : negativing the no fee " the no down payment " no closing costs " possible below market rates " the post closing counseling " no perfect credit proved in direct conflict with the NACA WORKBOOK texts. Her verbalization displayed a clear inconsistency with the broad NACA  intent of assistance and help. In traveling to all the meetings, we relied upon the process and published opportunity for assistance in homebuying -- an arduous task itself -- sending for, collecting, and e-mailing multitudinous documents at a cost of much time and effort. Again, we asked where such a policy she stated could be found. The query met, again with dismissive ( my opinion ) words to the effect " Ive been doing this four years ''. My wife and I felt as if she attitudinally manifested that she was the only repository property law knowledge, without really knowing how XXXX XXXX held property. So, within two minutes of meeting, mortgage counselor XXXX XXXX XXXX ' specious assessment of this writer 's non-extant property ownership interest : " it is XXXX '' proves inapposite to California law. XXXX counterfactual, NACA program precluding position of [ our ] ineligibility because marriage ineluctably confers a proportional house interest in XXXX XXXX held sole and separate property, discriminates against us on the basis of her solecism of California marital status. ( Any such position negatives we believe a California statute, and common law, methinks and forces a conclusion a married woman must share a property interest with her spouse. This is NOT the XX/XX/XXXXs ). Her excluding us from the NACA process -- without listening, or reviewing our position, on inter alia, a marital status basis -- did not comport with NACA 'S PUBLISHED STATEMENT : TO WORK WITH HOMEBUYERS TO ASSIST THEM THROUGH THE PROCESS. To our investigated information and belief, our unlawful rejection ( see infra ) was effected with either an arrant misrepresentation of NACA WORKBOOK PROCEDURES AND CONDITIONS, or a heedless misapprehension of them. SEE Grounds for Revocation or Suspension Cal Bus & Prof Code 10176. The commissioner may, upon his or her own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any person engaged in the business or acting in the capacity of a real estate licensee within this state, and he or she may temporarily suspend or permanently revoke a real estate license at any time where the licensee, while a real estate licensee, in performing or attempting to perform any of the acts within the scope of this chapter has been guilty of any of the following : ( a ) Making any substantial misrepresentation. ( b ) Making any false promises of a character likely to influence, persuade, or induce. ( c ) A continued and flagrant course of misrepresentation or making of false promises through real estate agents or salespersons. ... .. ( i ) Any other conduct, whether of the same or a different character than specified in this section, which constitutes dishonest dealing. SUBSTANTIAL INCLUDES being significant or large. Here, writers /applicants include the significance of being precluded from a no fee, no downpayment, and post counseling NACA participation which wokuld indeed prove substantial ifad to seek other loans and pay for these. ( See XXXX XXXX XXXX last visited XX/XX/XXXX ). It goes without saying the savings of participation would be Substantial " Of real worth and importance ; of considerable value '' ( See : XXXX XXXX XXXX last visited XX/XX/XXXX). PARTICIPATION IN SUCH A NO FEE, NO CLOSING COSTS, NO DOWN PAYMENT PROGRAM IS OF REAL WORTH AND CONSIDERABLE VALUE. DENIAL FROM SUCH PARTICIPATION DENIES SUCH REAL WORTH AND VALUE. MISREPRESENTATION : Mortgage consultant XXXX  misrepresentations of INELIGIBILITY TO THE NACA PROGRAM could have been easily rectified. The accuracy of them quickly verified had she just reviewed the citations to which we alluded ( and which we had spent at least 45 minutes consulting with Mortgage Consultant XXXX ). Neighborhood Assistance Corporation of Americas own published documents differed from her conclusion and averments. ( see pages XXXX infra, and others to which we refer in the exhibits ). Further, Real Estate Licensees must pursue an amount certain of continuing education ( by way of example and not limitation ) : For subsequent renewals, all real estate brokers and salespersons with an expiration date on or afterXX/XX/XXXX or who are renewing on a late basis on or afterXX/XX/XXXX must complete 45 clock hours of XXXX-approved continuing education consisting of : XXXX  eight-hour survey course covering the XXXX mandatory subjects ( Ethics, Agency, Fair Housing, Trust Fund Handling, Risk Management, and Management and Supervision ) OR licensees can choose to take each of the mandatory subjects separately ; and A minimum of 18 clock hours of consumer protection courses ; and The remaining clock hours required to complete the 45 hours of continuing education may be related to either consumer service or consumer protection courses. ( See California Dept of Consumer Affairs, Bureau of Real Estate XXXX XXXX XXXX last visited XX/XX/XXXX ). And yet MC XXXX adamantly insisted on our INELIGIBILITY. As we again attempted to point out the citations in the NACA WORKBOOK, she exclaimed : I know what is in there. I have working here for four years. YOU ARE INELIGIBLE. ( or similar words to the effect ). Even a negligent or innocent misrepresentation of fact of INELIGIBILITY and preclusion from NACA PARTICIPATION proves injurious to we old applicants who reliedattending two meetings, four phone calls, et al., obtaining, sending off, collecting numerous documents -- in light of NACA WORKBOOKS allowance in contradistinction to mortgage consultant XXXX dismissal of us. ( See XXXX XXXX XXXX last visited XX/XX/XXXX ; and the action or offense of giving a false or misleading account of the nature of something. ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX last visited XX/XX/XXXX) Our exclusion proved most XXXX to us both. XXXX XXXX XXXX XXXX XXXX XXXX. We attempted to pay our dues, but were stopped. I received mortgage consultant XXXX XXXX XXXX XXXX  card, noting immediately on the back her stated basis for our exclusion. We thanked everyone for their help, and dejectedly caned our way out of the building. Hours wasted. ( Backgrounder : Both applicants are retired professional people, interested in the NACA program. XXXX XXXX presented cases working in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX  is a XXXX XXXX survivor, retired from the XXXX XXXX ). We both adeptly know how to studiously read rules and procedures, dissecting the NACA Home Buying WORKBOOK prior to our start of the required document collection process. We did not find -- and can still not find any WORKBOOK PUBLISHED explicit, nor implicit rules of ineligibility of the kind to which mortgage consultant XXXX alluded. Thus, by effect she unlawfully used marital status ... as a rationale for barring participation in a mortgage application process program -- and by extension -- again -- barred to counseling, post purchase counseling, no fee, no down payment, no closing costs, and under market rate mortgage products. Thus, cut off was the ability to go to " promised '' home purchase seminar, find a potential dwelling, qualify get inspections, make offer, get underwriting verifications, acceptance -- none of it ( not necessarily in that order ). Mortgage consultant XXXX PLACED EXTRANEOUS, UNPUBLISHED CONDITIONS CONTRARY TO THE NACA WORKBOOK, albeit we relied on the original texts. Nevertheless, we were proscribed by her verbal act to begin the NACA MORTGAGE process to " qualify '', and barred us from even beginning the MORTGAGE APPLICATION PROCESS HOUSING COUNSELOR MEETING AGENDA, as listed in the NACA  WORKBOOK ( See Sections XXXX NACA WORKBOOK ). All Exhibits NACA and other exhibits below listed are attached or sent with this missive, are incorporated by reference as though fully set forth herein ). AGAIN -- our averments to XXXX XXXX  were that any transfer of wife 's interest would precede NACA " closing ''. ( Per NACA  WORKBOOK ). Through e-mail form and document submissions -- participations, budget expenses and form signings in the office -- we showed we were ready for the counseling which never came. We exhibited willingness to abide by -- and did so, to the extent allowable -- by NACA 's terms of membership, participation, and eligibility. We both are registered voters. We attempted to for membership fees ( and credit report ). Such was denied and refused. It was stated to us that " did n't want to take our money ''. ANCILLARY ISSUE " WHETHER AN APPLICANT WITH NO PROPERTY INTEREST CAN BE SUMMARILY DISCRIMINATED AGAINST ( AND BY EXTENSION, HIS WIFE ) AND PRECLUDED FROM NACA MORTGAGE APPLICATION PROCESS PARTICIPATION BASED ON A SPOUSE CO-APPLICANT ( PLANNING TO AND ) HAVING DIVESTED ANY INTEREST IN PROPERTY AT THE TIME OF PURCHASE AND SALE AGREEMENT/ OR THE TIME OF " CLOSING '' AS PER NACA PUBLISHED PROCEDURES IN ITS ADVOCACY HOMEBUYING HOME SAVE HOMEBUYER 'S WORKBOOK. '' ARGUMENT Besides the Discrimination and Civil Rights violation/allegations ( infra ), the precis gravamen of these claims is exclusion from a valuable mortgage product and counseling based on the non- ownership of property of the principle applicant ( but property interest inaccurately imputed to him ) ; and the intended transfer of any property interest of Mrs. Smith 's sole and separate property, per the NACA WORKBOOK at or before Purchase and Sale Agreement, or " closing '', as the case might be. And yet an appurtenance to the/those claim ( s ) listed above looms the discrimination and civil rights outcroppings. CALIFORNIA legislation indicates " [ T ] he opportunity to seek, obtain, and hold housing without unlawful discrimination is a civil right ''. ( Cal Gov. Code, Sec. 12921 ( b ) : The opportunity to seek, obtain, and hold housing without discrimination because of .... marital status ... ... ... or any other basis prohibited by Sec. XXXX of the Civ. Code is hereby recognized as and declared to be a civil right ''. ( XXXX XXXX XXXX  last visited XX/XX/XXXX ) ( See again, page XXXX under eligibility. ( as attachment ). Thus subsumed slightly hidden is that NACA  EMPLOYEES discriminatory statement of INELIGIBILITY is not only stepping on a privilege, but a fundamental right as well. Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. These rights are specifically identified in the Constitution ( especially in the Bill of Rights ), or have been found under Due Process. It is well-established and crystal clear that the right to marry is a central aspect of the right to liberty, privacy, association, and identity. Fourteen times sinceXX/XX/XXXX, the United States Supreme Court has stated that marriage is a fundamental right of all individuals. XXXX search, last visited XX/XX/XXXXBUT SEE- XXXX Supreme Court Cases : Marriage is a Fundamental RightXX/XX/XXXX hXXXX XXXX XXXX ( last visited XX/XX/XXXX ). Thus here, NACA employees NACA participation preclusion proves at least a denial of a benefit of that privilege, or more a fundamental right due to employees faulty cursory analysis of INELIGIBILITY IN THE NACA  PROGRAM by way of example ( and not limitation ) BECAUSE YOU ( XXXX XXXX ) ARE MARRIED, AND EVEN THOUGH YOU DONT OWN PROPERTY, BUT SHE ( XXXX XXXX ) YOUR WIFES OWNS ( SOLE AND SEPARATE ) PROPERTY? WERE GOING TO IMPUTE A PROPERTY INTEREST TO YOU. AND THEREFORE, YOU CANT PARTICIPATE. YOURE INELIGIBLE. AND SHE IS INELIGIBLE AS WELL. We submit that INFRINGEMENT ON A FUNDAMENTAL RIGHT is the consequence of a careless and inconsiderate analysis of Mortgage Consultant XXXX with referencing the NACA  WORKBOOK CITATIONS to which we so pleadingly alluded. " Naca  's eligibility requirements reflect our mission of promoting .... economic justice for ... moderate income people and communities ). Further " under California law, it is unlawful for a ... real estate broker, or salesperson, to discriminate against a person ... because of a person 's marital status ... ... ... ''. Cal Gov. Code Sections 12926 ( p ), 12927 ( e ), 12955 ( a ), ( d ), Cal Government publication citing : See Fair Employment and Housing Act, Gov. Code Section 12900 and following. The Cal Gov publication also indicates unlawful housing discrimination under California 's Fair Employment and Housing Act, and Unruh Civil Rights Act : " it is unlawful for a real estate broker or salesperson to discriminate against any person because of ... marital status ... ... ... in any of the following ways : Refusing to negotiate for a sale ... '' Citing again, Cal. Gov. Code Sections 12927 ( c ) ( 1 ), 12955 ( d ), 12955 ( e ) ; Cal. Civ. Code Sections 51. ( Note : plain meaning of accomodation includes- " a convenient arrangement ; a settlement or compromise ... synonyms : arrangement, understanding, settlement, accord, deal, bargain, compromise " an accommodation between the XXXX  parties was reached '' '' ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX last visited, XX/XX/XXXX ) " synonyms : arrangement, understanding, settlement, accord, deal, bargain, compromise " an accommodation between the XXXX parties was reached '' California law also prohibits discrimination based on .... '' A perception of a person 's marital status, ... ( see infra ), or a perception that a person is associated with another person who may have any of these chracteristics. ( See Cal Gov. Code 12955 ( m ), and the discussion below ). ( Marital Status is defined a ( s ) an individual 's state of marriage ... or other marital state. '' [ ( See 2 Cal C. Regs, Sec. 7292.1 ( a ) ] Contrary to NACA 's published HOME BUYERS WORKBOOK, mortgage counselor XXXX misrepresented NACA  prohibitions based on marital status -- ( this writer 's alleged property interest in which he does n't have any ) -- in her less than 2 minutes of meeting us. She presumed. Yet discrimination based on marital status ( differential treatment, here based on her presumption not in accord with NACA WORKBOOK is forbidden ). " Marital status means ... whether a person is married ... included is protection against discrimination based on identity, situation actions of a spouse ''. California is among the states prohibiting discrimination since marital status. Further, any perceived impediment ( such as property ownership if I had any ) -according to XXXX argument -- would dissipate at a time certain many months in the future, at the successful negotiated conclusion of Purchase and Sale Agreement, or " closing '' according to the NACA WORKBOOK. ( With a close reading, such program proscription grounds prove non-extant in the published materials of the Neighborhood Assistance Corporation of America-upon which these prospective applicants relied and spent many hours in preparation ). While only one linchpin of our claim ( the other just as coterminous being violation of NACA agency published materials ) " marital status means whether a person is married ... and includes discrimination based on " actions '' or status of a spouse. It remains axiomatic that it is illegal for such as " mortgage bankers '' real estate brokers, to treat people differently because of marital status. We submit an agency can not refuse equal opportunity to a Mortgage application process because of marital status [ and a future terminating event ]. Examples : a HUD CERTIFIED housing agency employee taking the adverse action of denying equal opportunity to a Mortgage application process because of a marital status ( albeit any perceived property interest dissipates at a time certain -- successfully negotiated Purchase and Sale Agreement, and/or " closing '', according to NACA published rules ). Taking adverse action without cause, or on a mistaken basis constitutes a discriminating condition of privileges of NACA mortgage process and by extension, the HUD certified home buying agency. NACA ostensibly administers its own funds for underwriting and approval. One of the reasons going to them was the : no fees, no mortgage insurance, no down payment, no closing cost -all privileges, which was summarily denied, without reinstatement. " California Legislature passed laws that prohibit discrimination in any aspect of transferring or financing of residential accommodations. Discrimination based on any prohibited classification is outlawed ''. ( See XXXX XXXX XXXX last visited, XX/XX/XXXX XXXX XXXX ). See also Cal Civ. Code Sec. 51 ( Unruh Act ). Marital status is a prohibited classification. See XXXX  statement : You 're not eligible because YOUR WIFE OWNS PROPERTY. SO, YOU OWN PROPERTY 50/50. " ( words to that effect ) .... Part 2. Personal Rights. ( a ) this Section shall be known, and may be cited as the Unruh Civil Rights Act. ( b ) All persons within the jurisdiction of this state are free and equal, and no matter what their ... marital status ... are entitled to the full and equal ...., advantages, facilities, privileges, or services in all business establishments of any kind whatsoever. ... ( 6 ) '' .... [ M ] arital status ... includes a perception that the person has any characteristic or characteristics within the listed categories or THAT THE PERSON IS ASSOCIATED WITH A PERSON WHO HAS OR IS PERCEIVE TO HAVE ANY characteristic or characteristics with the listed categories. Here, I am presumed to have the characteristics of my wife. And we submit, " home interest '' of which this writer has none, such interest presently being sole and separate property, allowable in California. But ostensibly an impediment to ( NACA PROGRAM privileges ), even though the conditions subsequent " Purchase and sale agreement '' nor " CLOSING '' have not been reached. Imputation of an ownership interest not extant because of marriage, and subsequent preclusion from a NACA program because of marriage ( marital status ) is denial of the full and equal advantages ( here of NACA PARTICIPATION ). Accord : 42 U.S.C. Sec. 3604 United States Code ) " As made applicable by Section 3603 of this title and except as exempted by Section 3603 ( b ) and 3607 of this title, it shall be unlawful -- ( a ) To refuse to negotiate for the sale ... a dwelling to any person because of ... ... ... ( We submit, " marital status '', ). ( b ) To discriminate against any person in the terms, conditions, or privileges of sale ... or in the provision of services ... in connection therewith, because of ... ... ... ( c ) To make, print, or publish, or cause to be made, printed, or published any notice, statement ... with respect to the sale ... of a dwelling that indicates any preference, limitation or discrimination on the basis of ... ... or any intention to make any such preference, limitation, or discrimination. ... IF ANY PART OF NACA IS STATE FUNDED IN ANY WAY, PROHIBITIONS EXIST AGAINST SUCH DISCRIMINATORY CONDUCT. California Gov. Code Section 11135-11139.8. California Gov. Code Sections provide ( s ) protection from discrimination from any program or activity that is conducted, funded directly by, or receives any financial assistance from the state ( of California ). CODE SECTION 11135 ( a ) No person in the State of California shall, on the basis ... marital status, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. ( c ) The protected bases referenced in this Section have the same meanings as those terms are defined in Section 12926. ... ( d ) The protected bases used in this Section include a perception that a person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. CAL GOV. CODE SEC. 12955 IT SHALL BE UNLAWFUL Cal Gov. Code Sec. 12955 ( e ) : For any person, bank, mortgage company, or other financial institution, that provides financial assistance for the purchase ... .to discriminate against any person ... because of ... marital status ... in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance. ( Here, discrimination surfaces before we even begin the process of application, qualification. NACA employees discriminatory so-called grounds becomes palliative at Purchase and Sale Agreement, or " CLOSING ). Thus, it shows illegal for financial institutions to set discriminatory policies in their terms, conditions, and privileges related to their services on the basis of marital status, .... Gov. Code Section 12955 ( e ), Health & Safety Code, Sec, 35800 et. Seq. Cal Gov. Code 12955 ( i ) For any person, or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction because of ... marital status .... ( j ) To deny a person access to, or membership or participation in ... or other service because of " marital status ... ( m ) As used in this Section, " ... marital status ... includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. Accord : It is illegal to discriminate based on terms conditions, privileges relating to financial assistance for the purchase of homes. Cal Gov. Code 12599 ( d ). This includes denying access to. or membership, or participation in real estate organization, or other service ( s ) because of ... or marital status of an applicant for housing. ( See WOMANS RIGHTS HANDBOOK. CAL GOV. PUBLICATION XXXX XXXX XXXX. Last visited,XX/XX/XXXX). Again, Mortgage Consultant XXXX statement -- '' You 're married to her. Then YOU have a house ( words to that effect ) You 're ineligible. I 've been doing this for four years! '' " It is illegal for financial institutions ... mortgage companies to set discriminatory policies in their terms, conditions, privileges, related to their services, on the basis of .... marital status. ( See Cal. Gov. Code Sec. 12955 ( e ) ; Any such imputed " property interest '' only proves " relevant '' at a many -- months -- future nexus of a PURCHASE & SALE, or " CLOSING '' as the case might be, according to NACA 's own document ( s ). By NACA 'S clear terms, any property interest or ownership by applicants remains inapplicable until the applicant ( s ) actions [ or applicant ) ( s ) and third party 's ] setting of a conditional date MANY MONTHS in the future. Thus, the starting of the NACA  Mortgage application process should not have been denied. NACA 's own WORKBOOK DISTINGUISHES PURCHASE AND CLOSINGS. pg. 7 ( See Exhibits ). Indicating under NACA 'S HISTORY OF ACCOMPLISHMENTS : " XX/XX/XXXX NACA has highest PURCHASE ( emphasis ours ) program CLOSINGS ever. NACA has streamlined the process closing loans within 28 days from the executed Purchase and Sale. ( Emphasis ours ). The organization and we submit, employees of the organization, ( should ) recognize what is ( a ) Purchase and Sale agreement, and CLOSING. PLAIN MEANING : CLOSING -IN PLAIN MEANING AND UNDER CAL LAW OTHER WORKBOOK ELIGIBILITY REQUIREMENTS INCLUDED : " No person in your household will own another property AT THE TIME OF YOUR CLOSING ''. ( Emphasis ours. See Exhibit, WORKBOOK, page XXXX ). AGAIN, this principle ( XXXX XXXX XXXX ) does NOT HAVE AN INTEREST IN ANY PROPERTY. We informed MC XXXX that at the time of closing, XXXX XXXX would n't either. Closing Escrow : " After confirming recording of the instruments described in the escrow instructions, the escrow holder prepares : - Closing or settlement statements for buyer and seller ( t statements for buyer and seller ( typically in the form of a HUD 1 statement in a sale escrow ) : -Disbursing all funds ; and -Delivering instruments and related documents to the principals or parties entitled thereto. '' California Civ. Code Sec 1057 : " Delivery in escrow. a grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the depositary ( sic ), it will take effect. While in the possession of the third person, and subject to condition .... '' ATTACHED EXHIBITS ALL EXHIBITS INCORPORATED BY REFERENCE AS THOUGH FULLY SET FORTH HEREIN.