Tag Archives: Fair Housing Act

Settlement in Mortgage Discount Points Case Highlights Risk From Claimed Inconsistency Between Representations to Consumers and Actual Practices

A recent settlement of deceptive practice allegations against Peoples Bank of Lawrence, Kansas, (Peoples) by the Board of Governors of the Federal Reserve System (Board of Governors) serves as a reminder that unfair or deceptive acts or practices (UDAP) claims may be triggered based on perceived inconsistencies between representations a consumer financial services institution makes … Continue reading this entry

Increasing Legal Scrutiny of Website Accessibility in the Real Estate Industry

From fair housing laws to licensing requirements, the real estate industry is accustomed to navigating various legal constraints and requirements. However, as a result of current ambiguity in the law, class action lawsuits based upon website accessibility pose an emerging threat to real estate brokers, lenders, homebuilders, and ultimately, any company that has a web … Continue reading this entry

State AGs Take Sides as U.S. Supreme Court Hears Housing Discrimination Case

On January 21st, the U.S. Supreme Court will hear argument in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, on the question of whether disparate impact claims for discrimination are recognized under the Fair Housing Act (FHA). The third time may be the charm as the Supreme Court has twice dismissed recent … Continue reading this entry

Hot Off of the Regulatory Printer -- CFPB Releases Its Proposed “Know Before You Owe” Disclosures

For weeks the Consumer Financial Protection Bureau has been advertising the pending release of its proposed mortgage loan disclosures that “are easier for both consumers and lenders to understand and use.”  Alas, await no more.  The CFPB released its proposed mortgage loan disclosures today.   The purpose of the new, supposedly friendlier disclosures, is for the … Continue reading this entry

7th Circuit Finds ECOA Provides Relief Against Loan Modification Proposals

In Estate of Davis v. Wells Fargo Bank, 2011 WL 93030 (7th Cir. Jan. 12, 2011), the plaintiff asserted claims arising from her 1999 mortgage loan refinancing which, in a prior action against the original defunct lender, was determined to have been fraudulent. In 2002, the plaintiff defaulted on her loan and Wells Fargo Bank, … Continue reading this entry

Recent Lawsuits Allege Miscommunication Regarding Loan Modification Programs

Recently-filed complaints reflect disputes between borrowers and mortgage servicers over loan modification programs. Mortgage servicers may provide loan modifications to borrowers through their own programs. Some mortgage servicers may provide loan modifications to eligible borrowers through the Home Affordable Modification Program (“HAMP”), an Obama administration program. In lawsuits currently pending in the federal courts, borrowers … Continue reading this entry

Seventh Circuit Applies Twombly, Iqbal and Erickson Pleading Requirements to Fair Housing Act Claims

In Swanson v. Citibank, N.A., 2010 WL 2977297 (7th Cir. May 26, 2010), the Seventh Circuit applied the pleading requirements under Twombly, Iqbal and Erickson to Fair Housing Act claims. The plaintiff in Swanson sued Citibank (as well as an appraisal company and its employee) for violation of the Fair Housing Act alleging that Citibank turned down her application for a home-equity loan on the basis … Continue reading this entry