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Mortgage Discrimination Lawsuits Fourth-Quarter 2011 Mortgage Litigation Index

Mortgage Discrimination Lawsuits
Fourth-Quarter 2011 Mortgage Litigation Index
Class actions and lawsuits related to lending discrimination involving minorities, neighborhoods and property types.

Defendant
Plaintiff
Court
Amount
Overview
Case Title
Case Number
Date Filed Date of Activity Link to Story
C&F Mortgage Corp. United States of America U.S. District Court for the Eastern District of Virginia $140,000 Settled allegations of increasing overages and providing lesser discounts to minority borrowers in violation of the Fair Housing Act and ECOA. na na na 9/30/2011 www.mortgagedaily.com/LitigationDiscrimination112711.asp
Countrywide Home Loans, Inc Bernice Smith, German Pena and Sonia Jenkins U.S. District Court for the Western District of Kentucky na Defendant is accused enabling loan originators and mortgage brokers to charged African-American and Hispanic borrowers more for home loans than non-minority borrowers. Judge denied class certification. Jenkins v. Countrywide Home Loans, Inc 3:2008cv00454 8/27/2008 na www.mortgagedaily.com/LitigationDiscrimination112711.asp
Luxury Mortgage Corp. Department of Housing and Urban Development na $12,000 Settlement reached in case where defendant accused of denying a woman a mortgage because she was on maternity leave. Lender agreed to amend its lending policy so that pregnant women, women on maternity leave and women on leave for adoption will be approved as long as they qualify. na na na 11/3/2011 www.mortgagedaily.com/LitigationDiscrimination112711.asp
Wells Fargo and Co.; Wells Fargo Bank, N.A., also doing business as Wells Fargo Home Mortgage; and Wells Fargo Financial Illinois Inc. The People of the State of Illinois In the Circuit Court of Cook County, Illinois County Department, Chancery Division na The complaint alleges that the company illegally discriminated against African American and Latino borrowers by selling them high-cost subprime mortgages while white borrowers with similar incomes received lower cost loans. Judge ruled that the state can move forward with its reverse-redlining lawsuit. The People of the State of Illinois, Plaintiff, v. Wells Fargo and Company, Wells Fargo Bank, N.A., also doing business as Wells Fargo Home Mortgage, and Wells Fargo Financial Illinois Inc., Defendants 09CH26434 7/31/2009 Oct. 2011 www.mortgagedaily.com/LitigationDiscrimination112711.asp
Wells Fargo Bank City of Baltimore U.S. District Court, District of Maryland na Judge denied plaintiff’s request for an extensive discovery that would burden the defendant with providing documentation so the city can construct a regression analysis for loans made over a one-decade period. Mayor and City Council of Baltimore v. Wells Fargo Bank, N.A. 08-00062-BEL 1/8/2008 na www.mortgagedaily.com/LitigationDiscrimination112711.asp
Bank of America Corp. na na $335,000,000 Settlement reached over Countrywide Financial loans. na na na Dec. 2011 www.mortgagedaily.com/MctSettlementBoa122111.asp
Wells Fargo Gilbert Ventura Sr., Tracy D. Ventura, Juan Rodriguez, Howard Queensborough, Ruby Brown and Judy A. Williams U.S. District Court for the Northern District of California na Judge denied motion against defendant for class certification. “Plaintiffs allege the loan officers and mortgage brokers were given the discretion to add, with respect to any given mortgage loan, ‘unchecked, subjective surcharge[s]’ of ‘interest rate markups’ and/or ‘points and fees’ to the ‘otherwise objective risk-based financing rate,'” the order stated. “Plaintiffs fail, however, to offer any evidence to show a ‘common mode of exercising [such] discretion.'” In re Wells Fargo Residential Mortgage Lending Discrimination Litigation 3:08-md-01930-MMC 4/10/2010 9/6/2011 www.mortgagedaily.com/LitigationDiscrimination112711.asp
1st 2nd Mortgage Company of New Jersey Inc. CHIRSTIAN Lelina, BERNADETTE LELINA, YIXIN Li, QI XIAN LI, NAOMI Fabiosa, NAZARIO FABIOSA, FEDERICO Manalo, LANI MANALO U.S. District Court for the District of New Jersey na Plaintiff alleges that loans were made to borrowers at higher rates and worse terms than originally promised. The company is accused of violating the Truth in Lending Act and Regulation Z, the Real Estate Settlement Procedures Act, the Home Ownership and Equity Protection Act and the Fair Credit Reporting Act, among other laws. CHIRSTIAN and BERNADETTE LELINA, YIXIN and QI XIAN LI, and NAOMI and NAZARIO FABIOSA, FEDERICO and LANI MANALO, Plaintiffs, vs 1ST 2ND MORTGAGE COMPANY OF NJ, INC., JOHN DOE 1-10 2:11-cv-05517-DMC -JAD 9/22/2011 na www.mortgagedaily.com/LitigationDiscrimination112711.asp

 

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