On January 17, 2024, the United States Attorney’s Office for the Western District of Tennessee (“USAO”) announced that it entered into a consent agreement with a full-service bank, resolving allegations of lending discrimination in violation of the Fair Housing Act (“FHA”), 42 U.S.C. §§ 3601–3619 and the Equal Credit Opportunity Act (“ECOA”),…
On May 31, 2023, the United States Department of Justice (DOJ), announced that it had entered into a settlement with a Philadelphia based bank and trust company over allegations that the bank had engaged in unlawful redlining in the Philadelphia metropolitan area. In the Complaint, filed contemporaneously with the consent order in U.S. District Court for the…
On March 17, the U.S. Department of Housing and Urban Development (HUD) announced that it had submitted a Final Rule entitled Restoring HUD’s Discriminatory Effects Standard. The Rule reinstates HUD’s 2013 discriminatory effects rule and repeals its 2020 rule governing Fair Housing Act (FHA) disparate impact claims. Some of the…
On September 29, 2022, the U.S. Department of Justice (DOJ) announced that it reached a settlement with a Memphis-based bank to resolve alleged violations of the Fair Housing Act (FHA), 42 U.S.C. §§ 3601–3619, and Equal Credit Opportunity Act (ECOA), 15 U.S.C. §§ 1691–1691f, and its implementing Regulation B, 12 C.F.R. §…
On July 27, 2022, the Consumer Financial Protection Bureau (CFPB) and U.S. Department of Justice (DOJ) announced that they reached a settlement with a nonbank residential mortgage lender to resolve allegations of race-based lending discrimination in violation of the Fair Housing Act (FHA), 42 U.S.C. §§ 3601-3619; the Equal Credit Opportunity Act…
On June 21, 2022, the U.S. Department of Justice (DOJ) filed a complaint and settlement agreement in federal court alleging that a social media company is in violation of the Fair Housing Act (FHA), 42 U.S.C. §§ 3601-3619, for employing tools that allow advertisers of housing-related services to exclude certain…
On June 2, 2022, the U.S. Department of Housing and Urban Development (HUD) announced it reached a settlement agreement with a non-bank residential mortgage lender to resolve allegations of race-based lending discrimination in violation of the Fair Housing Act (FHA), 42 U.S.C. 3601 et seq. The settlement arose from a complaint filed with a fair…
A new essay published in the Emory Law Journal argues that two empirical studies of advertising by certain banks and payday lenders in Houston, Texas indicate that payday lenders steer African Americans and Latinos to their products, while banks market primarily to white consumers. The authors suggest that, consistent with…
On March 19, 2021, the U.S. Department of Housing and Urban Development (HUD) announced that it approved a settlement with a national mortgage lender concerning allegations that the mortgage lender discriminated against a consumer in violation of the Fair Housing Act (FHA) when it denied the consumer’s mortgage loan application. The consumer filed a complaint with HUD…
On March 8, 2021, the U.S. Department of Housing and Urban Development (HUD) announced that it had approved a conciliation agreement between a national mortgage lender and an African-American woman (the Complainant), resolving allegations that the mortgage lender provided an inaccurate appraisal of the Complainant’s home due to her race in violation of the Fair…
On October 22, 2020, the Department of Justice (DOJ) announced that it had reached a settlement with a San Diego-based national mortgage lender, resolving allegations that the company had originated and underwrote mortgages insured by the Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA) without following program…
On September 25, 2020, the Department of Justice (DOJ) announced that it filed a complaint in the United States District Court for the District of Columbia against a national mortgage loan originator. The complaint alleges that the company violated the False Claims Act (FCA) by originating Home Equity Conversion Mortgage (HECM) loans…
On July 17, 2020, a federal judge in Guam refused to vacate her ruling in U.S. v. Government of Guam, et al., Case No. 1:17-00113, which held that sovereign immunity prevented the U.S. government from seeking damages under the Fair Housing Act (FHA) for Guam’s alleged violations of housing rights…
On April 29, the Department of Justice (DOJ) announced that it settled allegations that an Illinois-based mortgage lender violated the False Claims Act (FCA), the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA), and Program Fraud Civil Remedies Act (PFCRA) by falsely certifying that it complied with Federal Housing Administration (FHA) mortgage insurance…
On March 19, 2019, the Office of the Comptroller of the Currency (OCC) announced that it had entered into a Consent Order with a major mortgage lender over allegations that the lender did not adequately ensure that its relationship loan pricing program was offered to all eligible customers, resulting in adverse…
On February 13, 2019, the U.S. Attorney for the Eastern District of California announced an agreement with a California-based mortgage company to resolve alleged violations of the False Claims Act (FCA). The U.S. Attorney’s Office alleges that between April 2007 and June 2009, the mortgage company underwrote and originated 16 loans…
On December 21, 2018, the U.S. Department of Justice (DOJ) announced a settlement with a mortgage servicer for $4.25 million, resolving allegations of unlawful reverse mortgage servicing practices. According to the DOJ, the company violated the False Claims Act with respect to its servicing of reverse mortgages, or Home Equity Conversion Mortgage (HECM)…
On December 12, 2018, the U.S. Department of Justice announced a $14.5 million settlement of a whistleblower suit alleging False Claims Act violations against a lender who endorsed loans for insurance by the Federal Housing Administration (“FHA”). The settlement resolves an investigation triggered by a qui tam lawsuit filed by a former employee of the…
On January 25, 2018, a Florida-based homebuilder filed its Form 10-K annual report with the Securities and Exchange Commission (SEC), disclosing that its “mortgage subsidiary has been subpoenaed by the United States Department of Justice (DOJ) regarding the adequacy of certain underwriting and quality control processes related to Federal Housing Administration (FHA)…
On December 8, the U.S. Department of Justice (DOJ) announced that it had settled allegations that a Louisiana-based mortgage lender violated the False Claims Act (FCA) through its underwriting of Federal Housing Administration (FHA)-insured mortgage loans. In the lawsuit, which is pending in the U.S. District Court for the Eastern District of Arkansas, the…