INDIANAPOLIS -- A Hamilton County mortgage company is facing accusations of discrimination after a couple said they were unfairly denied due to citizenship status.

Kristi and Juan Hernandez of Indianapolis went to Freedom Mortgage's office in Fishers in April seeking a loan to buy a house, 6News' Rafael Sanchez reported.

Kristi Hernandez is a U.S. citizen, while Juan is a permanent resident who has been in the country legally for 30 years with what is commonly known as a green card.

With credit scores of 625 and 630, respectively, the couple said they didn't expect to have trouble securing a loan.

But an e-mail from Freedom Mortgage brought unexpected news.

"Our investors require a credit score of a 640 or higher for resident aliens. I'm sorry I didn't know this when we first sat down," the e-mail read.

"I never thought we would ever, ever have that happen to us," Kristi Hernandez said. "It's disgusting because it happened. It's disgusting because of the way they handled us."

The couple filed a complaint with the United States Department of Housing and Urban Development, which referred it to the Indiana Civil Rights Commission. The agency has since filed a complaint in court against Freedom Mortgage.

"An individual cannot be discriminated against or denied equal housing opportunities based of of their national origin," said Jamal Smith, executive director of the Indiana Civil Rights Commission.

6News checked with sources at other lending institutions such as Fifth Third Bank, M&I and Bank of America.

Experts said it is not illegal to ask a person their immigration status and it is common for people who are permanent residents to have to provide extra documentation to verify their status.

But beyond that, the lenders said they don't have separate credit rules.

Freedom Mortgage has filed a motion in court to dismiss the case, denying its policy violates state housing laws.

Company COO Brian Simon said he could not comment on the case because of the pending lawsuit.

The Hernandez family said they want their case heard in court because they believe the credit policy is wrong.

"If they get away with it right now," Juan Hernandez said, "they will get away with it in the future."

More Information: Indiana Civil Rights Commission