I must say this is an excellent answer!
A: Thank you for your kind words.
Now, are there similar regulations or other factors in Europe that make it so difficult for a foreign national to obtain a residential mortgage from a lender in Europe, without having collateral in the country of the lender (part of my original question)?
A: I am not sufficiently competent on the lending guidelines of the two dozen plus European jurisdictions to answer this question.
I noticed that your elucidation left room for those lenders who do not use the FM guidelines to give the type of loan that I am looking for. Can you provide a list of lenders where it is very likely that I can find what I am searching for?
A: In my experience, there is no such lender. You will either have to borrow money in the jurisdiction where the property is located, or colateralize your loan with assets located in the USA.
For the sake of clarification I used the term prejudice defined as follows "Preconceived opinion not based on reason or experience". It can be found https://www.google.com/search?hl=en&q=prejudice&tbs=dfn:1&tbo=u&sa=X&ei=qUyGUbThApD89gT9Lg&sqi=2&ved=0CCwQkQ4&biw=1366&bih=611
A: The U.S. Constitution permits private persons, organizations and the government itself, to discriminate against individuals in economic matters, as long as there is any rational basis for the discrimination. The U.S. Equal Credit Opportunity Act (ECOA) prohibits discrimination in lending based race, color, religion, national origin, sex, marital status, age, because an applicant receives income from a public assistance program, or because an applicant has in good faith exercised any right under the Consumer Credit Protection Act.
The term, "prejudice" has no meaning in the application of U.S. lending law. Other than through the above-described ECOA protections, a lender can discriminate or prejudice a decision "at will:" at any time, for any reason, or for no reason at all.
If lenders in the USA do not look beyond the FM guidelines because they simply want to be able to sell the mortgage in a readily available secondary market, then the problem I am experiencing is primarily the result of an economic consideration. This of course still leaves room for the 12 U.S.C. 1717 and other relevant regulations to be prejudiced if the considerations you first mentioned underpins them. I hope that this discussion lead to an evaluation of those regulations in favor of globalization.
A: I understand your desire for this conversation to somehow "take flight" and produce favorable results in the lending industry. However, this website is not youtube, twitter or any sort of media outlet from which such ideas generally spring forth. I suppose it's possible that someone will read this and say, "Hey, we need to make foreign real property lending available from U.S. sources." But, I tend to doubt that this issue has much political interest on the U.S. or world "stage" at the moment.
That said, I've really done all I can do here. I realize that you are looking for a lending solution. However, you posted your question in a legal Q&A forum, and the best that I can do here is to recite and interpret the law as it currently exists. I can't loan you money, or influence anyone else to do so. The law generally makes what you seek to accomplish from a U.S.-based lending institution, impossible -- or at least extremely difficult and probably not worth the cost to any lender, unless the amount in play is in the hundreds of millions of dollars (e.g., commercial development money).
So, I think you will have to find a different avenue for your loan procurement -- because what you are seeking to accomplish is likely a "dead end."
Hope this helps.