M & T Mortgage Corp. v. Foy

*275OPINION OF THE COURT

Herbert Kramer, J.

Equity abhors discrimination.

Equity will not enforce discriminatory practices.

This court holds, for reasons set forth below, that a mortgage granted to a minority buyer for the purchase of property in a minority area which carries an interest rate that exceeds nine percent creates a rebuttable presumption of discriminatory practice.

This court further holds that the lender who has brought this proceeding to foreclose the mortgage must demonstrate by a fair preponderance of the evidence that the mortgage was not the product of unlawful discrimination.1 If…