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 Wells Fargo Pays $42 Million in Fair Housing Case

Public Watch  Dog

Wells Fargo Pays $42 Million in Fair Housing Case

Failed to maintain foreclosed properties in minority neighborhoods, turning the vacant houses into dilapidated eyesores

But no one went to jail and Wells Fargo still made money.  Its the same old, same old.

To see BLT's full post mouse over & click on the BLT logo

BLT reports:

Wells Fargo Bank agreed to pay $42 million to settle a complaint that it failed to maintain foreclosed properties in minority neighborhoods, turning the vacant houses into dilapidated eyesores.

The National Fair Housing Alliance and member organizations sued Wells Fargo in April 2012, alleging in an administrative complaint filed with the U.S. Department of Housing and Urban Development that the bank violated the Fair Housing Act.

The complaint alleged Wells Fargo’s so-called "real estate owned" properties in white areas were much better maintained and marketed than the properties in African-American and Latino neighborhoods. For example, houses in minority areas often had ill-kept yards, broken doors, peeling paint or boarded-up windows.

“Many neighborhoods across the country have been seriously damaged by the foreclosure crisis, including the impact of [real estate owned] homes on property values, curb appeal, and tax revenue for schools,” said Shanna Smith, head of the National Fair Housing Alliance. “Our joint efforts will help lay the foundation for the industry to get some of those neighborhoods back on their feet.”

The housing groups filed similar complaints against Bank of America and U.S. Bancorp, which are still pending.

Wells Fargo—represented by Skadden, Arps, Slate, Meagher & Flom partners Anand Raman and Joseph Barloon, who are both based in Washington—is the first to settle.

According to the plaintiffs, who turned to Joseph Sellers and Peter Romer-Friedman of Cohen Milstein Sellers & Toll, it’s the first-ever agreement regarding the equal maintenance and marketing of bank-owned homes.

Wells Fargo agreed to provide $27 million to the fair housing organizations to promote home ownership, property rehabilitation and development in 19 communities of color, including areas of Baltimore, Washington D.C. and Prince George’s County.

Another $3 million goes to the housing organizations to cover costs and attorney fees. The bank will also pay HUD $11.5 million to support neighborhoods in an additional 25 cities.

 


Posted by david on Thursday, June 13 @ 10:58:36 MST (3366 reads)
(Read More... | Score: 5)


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 Pro se homeowner [representing herself] wins rare federal stay of sale in forecl

Public Watch  Dog

Pro se homeowner [representing herself] wins rare federal stay of sale in foreclosure case

Representing herself in federal court without the help of a lawyer, a Colorado homeowner has won a rare ruling staying the auction sale of her home after she lost a state-court mortgage foreclosure case.

U.S. District Judge William Martinez on Monday issued an order temporarily staying the sale of Lisa Kay Brumfiel's home in Arapahoe County, which had been set to go to auction on Wednesday, reports the Denver Post.

Brumfiel, 43, who works as a part-time saleswoman, is now scheduled to argue on May 15 why Colorado's mortgage-foreclosure law violates the equal-protection clause of the 14th Amendment to the U.S. Constitution. She is up against not only U.S. Bank but Larry Castle, a powerful state foreclosure lawyer.

At issue in Brumfiel's federal case, the newspaper explains, is whether the foreclosure plaintiff has shown in the state-court case that the mortgage and note for her Aurora home were validly transferred to U.S. Bank. She originally took out her loan from First Franklin Mortgage.

"Colorado is the only state in the country that allows an unsworn statement by an attorney for a foreclosing party—without any penalty—to say, 'Trust me, judge, these guys are the qualified holder for this deed of trust,' " Martinez said, giving a glimpse of his thinking so far. "Is there another state that has lowered the bar for a foreclosure any lower?"

Representing herself in federal court without the help of a lawyer, a Colorado homeowner has won a rare ruling staying the auction sale of her home after she lost a state-court mortgage foreclosure case.

U.S. District Judge William Martinez on Monday issued an order temporarily staying the sale of Lisa Kay Brumfiel's home in Arapahoe County, which had been set to go to auction on Wednesday, reports the Denver Post.

Brumfiel, 43, who works as a part-time saleswoman, is now scheduled to argue on May 15 why Colorado's mortgage-foreclosure law violates the equal-protection clause of the 14th Amendment to the U.S. Constitution. She is up against not only U.S. Bank but Larry Castle, a powerful state foreclosure lawyer.

At issue in Brumfiel's federal case, the newspaper explains, is whether the foreclosure plaintiff has shown in the state-court case that the mortgage and note for her Aurora home were validly transferred to U.S. Bank. She originally took out her loan from First Franklin Mortgage.

"Colorado is the only state in the country that allows an unsworn statement by an attorney for a foreclosing party—without any penalty—to say, 'Trust me, judge, these guys are the qualified holder for this deed of trust,' " Martinez said, giving a glimpse of his thinking so far. "Is there another state that has lowered the bar for a foreclosure any lower?"



Posted by david on Friday, May 10 @ 08:25:23 MST (3292 reads)
(Read More... | Score: 5)


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 Suggested Terms To Use In Real Estate Advertising

Public Watch  Dog Fair Housing Advertising Word/Phrase List

For All Our Agents

Suggested

To see the list mouse over and click the fair housing logo

Fair Housing Advertising Word/Phrase List

IMPORTANT: This list is not all‐inclusive, but is provided to the public as a Fair Housing reminder when writing any public forum or CR only listing description. A rule of thumb is that the listing agent should promote the features of the listing and not use any language for describing the type of buyer or tenant, or the type of neighborhood. Competition Realty is not offering legal advice; if you have any questions you should consult with your own legal counsel.





Posted by david on Friday, April 19 @ 06:31:04 MST (4051 reads)
(Read More... | Score: 5)


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 Shop your refi loan you can refi with any institution

Public Watch  Dog Shop Your Refinance Loan; you can refi with any institution

Shop your refi loan 

you can refi with any institution.

By JOHN CRUDELE

Last Updated: 11:01 PM, February 16, 2013

Posted: 10:33 PM, February 16, 2013

John Crudele

Mouse over and click the NYP logo for full article

headshot
John Crudele

 

 

DEAR JOHN...THE ANSWER MAN

Dear John: I think you missed a point last week in advising the woman in "refi hell."

Your answer should have stressed to people (some of whom apparently don’t know) that you can refi with any institution.

This lady got jerked around for over six months by IndyMac (or what’s left of it), thereby risking losing out on historically low rates. You should tell your readership to shop around, as it usually makes more sense to refi with someone else.

The original institution has no vested interest in knocking 3 percent or 4 percent off what you are paying. I know you know this; I just hope you will stress this in the future.

I was practically yelling at this woman to go shop somewhere else. I wouldn’t even bother trying to "contact" them as you apparently did so for her.

I have refi’d twice in past 16 months here on Long Island. When Wells Fargo jerked me around the first time (I had a 30-year mortgage at 5 percent), I said, "Keep your appraisal fee" and hit the Internet and some brokers.

This took me to 25 years at 4 percent. And then last month, to 20 years at 3.375 percent on a roughly 550,000 loan.

Anyway, keep up the good work. C.S.

Dear C.S. Thanks for reminding readers of this. I’ve told readers to shop around before, but the woman you are talking about from last week’s column specifically wanted to deal with IndyMac Bank because she thought it would take too long to start over with another bank.

Dear John: I have not missed or been late with a bill payment in 40 years, and I pay my bills in full. The last time I checked, my credit rating was in the low 800s.

In return, I now get my bills two or three days later than I used to, and most have moved up the due date.

Most notably, my cable bill due date has gone from the 7th to the 1st of the month. The net result is that I now have two weeks to pay bills, not the former three to four weeks.

Is this a general trend? Are vendors trying to get late payments and hence late fees?

Or are they not-so-subtly trying to force me into scheduled e-payments, which I detest and will continue to avoid as long as possible? J.W.

Dear J.W.: Those are interesting questions but quite frankly, I don’t imagine anyone will admit to squeezing you for money quicker than normal. But it seems you already have the evidence to prove this is being done.

And why not?

Most businesses are about cash flow. And the quicker a company gets money out of your pocket and into its hands, the better for it.

Maybe they are also trying to get you to pay online. Electronic payments save them money and — again — get them the cash quicker than the old way.

I suggest you call up the companies that send you bills and ask, "What’s up, Bub?" If you tell them you think you are being treated unfairly — and "unfairly" is the key word — I think they will come to some sort of agreement with you.

Send your questions to Dear John, The NY Post, 1211 Ave. of the Americas, NY, NY 10036, or john.crudele@nypost.com.

 



Posted by david on Sunday, February 17 @ 06:03:17 MST (4149 reads)
(Read More... | Score: 0)


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 Understanding Virginia's Fair Housing Laws and the Prohibited Actions and Practi

Public Watch  Dog

Understanding Virginia's Fair Housing Laws and the Prohibited Actions and Practice

History of Virginia Fair Housing Law

In 1972 the General Assembly enacted Virginia's first fair housing law. The fair housing law that the General Assembly enacted in 1972 was similar to the fair housing law that Congress enacted under the Civil Rights Act of 1968. Since 1972 Virginia's fair housing law has been amended several times. Amendments were generally made to add protected classes.

Today Virginia's fair housing law prohibits discrimination on the basis of race, color, religion, national origin, sex, elderliness, familial status, and handicap. Because Virginia's fair housing law includes elderliness as a protected class it is broader than the federal fair housing law. Elderliness means anyone over 55.


Virginia's Fair Housing regulations list additional actions that are prohibited. Some of the actions that the regulations prohibit on the basis of race, color, religion, sex, national origin, elderliness, familial status or disability include:

  1. Failing or delaying maintenance or repairs of sales or rental dwellings;
  2. Limiting the use of privileges, services or facilities associated with a dwelling;
  3. Discouraging the purchase or rental of a dwelling or exaggerating drawbacks or failing to inform any person of desirable features of a dwelling or a community, neighborhood, or development;
  4. Communicating to any prospective purchaser that they would not be comfortable or compatible with existing residents of a community neighborhood or development;
  5. Assigning any person to a particular section of a community neighborhood or development or to a particular floor or section of a building;
  6. Denying or limiting services or facilities in connection with the sale or rental of a dwelling, because a person failed or refused to provide sexual favors.

Virginia's Fair Housing Law applies to property managers, owners, landlords, real estate agents, banks, savings institutions, credit unions, insurance companies, mortgage lenders and appraisers. If you're working with a property manager or real estate agent to buy a home or locate a rental or if you're trying to get a mortgage or homeowner's insurance you cannot be treated differently because of your race, color, religion, sex, national origin, elderliness, familial status or disability.


Posted by david on Saturday, September 24 @ 04:28:56 MST (7251 reads)
(Read More... | Score: 0)


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 Taking of keys by a landlord not inference of surrender of the premises.

Public Watch  Dog

 

The mere taking of keys to leased premises by a landlord does not give to an inference that the landlord has accepted surrender of the premises.

LANDLORD/TENANT; SURRENDER: The mere taking of keys to leased premises by a landlord does not give to an inference that the landlord has accepted surrender of the premises.

Sirdah v. North Springs Associates, LLLP, 2010 WL 2278184 (Ga.App 6/8/10.)

Even though Georgia law generally obligates an injured party to mitigate damages, this general rule to mitigate damages does not apply to lease contracts. In Georgia, the rule is: "if a tenant abandons leased premises without authorization prior to the expiration of the term, the landlord is not required to mitigate damages by releting the premises. Rather, he may allow the premises to remain vacant and hold the tenant responsible for accruing rent."


Patrick A. Randolph

Elmer F. Pierson Professorship and Professor of Law; B.A. (Yale University); J.D. (University of California, Berkeley)

There are two limited exceptions to this general rule: "[I]f the


Posted by david on Monday, September 20 @ 16:33:33 MST (9699 reads)
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 Renting an apartment to an alien

Public Watch  Dog

 

It is not a violation of the Racketeer Influenced and Corrupt Organization Act to rent an apartment to an alien so long as the landlord does not prevent or take any affirmative steps to prevent government authorities from detecting the alien’s unlawful presence.

Delrio-Mocci v. Connolly Properties Inc.

2009 WL 971394 (U.S. Dist. Ct. D. N.J. 2009) (Unpublished)
 
Opinion Date: April 9, 2009
 
LANDLORD-TENANT; DISCRIMINATION — It is not a violation of the Racketeer Influenced and Corrupt Organization Act to rent an apartment to an alien so long as the landlord does not prevent or take any affirmative steps to prevent government authorities from detecting the alien’s unlawful presence.

Residents of a multi-dwelling complex alleged that the owners actively sought out illegal aliens as prospective tenants because their immigration status made it easy for the owners to exploit such tenants in violation of state and federal statutes. The residents also alleged that the owners segregated their apartment buildings according to impermissible criteria to avoid confrontation amongst the building’s residents. Certain of the residents sued the apartment complex owner in federal court.

The United States District Court granted the owner’s motion to dismiss, holding that, absent proof that the landlord had engaged in some other unlawful conduct, it was not a violation of the Racketeer Influenced and Corrupt Organization Act (RICO) to rent an apartment to an alien. The Court found that even if the landlord knew that some of its tenants were illegal aliens, so long as it did not prevent or take any affirmative steps to prevent government authorities from detecting the aliens’ unlawful presence, it did not violate the statute. The Court also held that providing aliens with obvious information that any fugitive would know was not an activity in violation of the RICO. It noted that even if the owner had segregated its residents, such behavior could not be seen as taking an affirmative step to conceal illegal aliens’ presence from authorities.

The United States District Court also found that the owner’s behavior did not “encourage” or “induce” a pattern of racketeering activity in violation of the Immigration and Nationality Act (INA). Merely providing housing, the Court ruled, was not enough to constitute an INA violation.


Posted by david on Thursday, August 26 @ 21:04:01 MST (9141 reads)
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 TRO Issued in Fannie Mae Forclosures

Public Watch  Dog

Ex Parte Federal National Mortgage Association, Petitioner.

In Re Federal National Mortgage Association (“Fannie Mae”) Loans Subject to Foreclosure Sale.


ORDER


Petitioner asks this Court to issue an ex parte temporary injunction1 or restraining order “enjoining all judicial officials in South Carolina conducting foreclosure sales on May 4, 2009 (or the next judicial sales dated) from dismissing all eligible one- to four-unit owner occupied properties securing Fannie Mae portfolio mortgage loans and MBS pool mortgage loans guaranteed by Fannie Mae for which there is a foreclosure judgment.” It asserts that this injunction is necessary to avoid undue costs if these foreclosure actions are dismissed rather than stayed or postponed based on the fact that the underlying loans may be subject to modification under the Homeowner Affordability and Stability Plan, the Home Affordable Modification Program (HMP), and the United States Treasury Supplemental Directive 09-01. It also states that, “absent injunction, mortgagors eligible for relief under the HMP program could be denied their right to participate because their property was sold at the foreclosure sale. This qualifies as irreparable injury for which the court should provide redress in the form of a temporary injunction.”

While I am very troubled by the ex parte nature of this petition2, I grant a temporary restraining order (TRO) preventing the foreclosure sale of any property arising out of a loan owned or guaranteed by petitioner or Freddie Mac or held by a servicer who has signed an agreement to participate in the HMP3. If a sale has already taken place today prior to issuance of this order, this TRO shall stay the master-in-equity, circuit court judge or special referee from taking any further action to complete the sale including the issuance of a deed to the purchaser.

By May 15, 2009, the plaintiff in every mortgage foreclosure action stayed by this order shall serve on all other parties to the action (including petitioner and/or Freddie Mac as appropriate) an affidavit setting forth its belief whether the loan is subject to modification under the HMP. If the affidavit indicates that the loan is subject to modification under the HMP, the foreclosure shall be stayed pending a determination if the loan will be modified. If the loan is modified, the foreclosure action shall be dismissed. If the loan is not modified, the foreclosure may proceed.

If the affidavit indicates that the loan is not subject to modification under the HMP, the TRO will be lifted unless petitioner, Freddie Mac or another party serves and files a counter affidavit asserting that the loan is subject to modification under the HMP by May 22, 2009. If a counter affidavit is timely filed, the TRO will remain in effect until the master-in-equity or circuit court judge determines if the HMP is applicable to the loan. The lower court shall insure that these determinations are made in an expeditious manner.

If the loan is determined not to be subject to modification under the HMP, the TRO shall be lifted and the foreclosure may continue. If the lower court determines that the loan is subject to modification and the loan is modified, the foreclosure action shall be dismissed. If the lower court determines that the loan is subject to modification but the loan is not subsequently modified, the TRO shall be lifted and the foreclosure may continue.

IT IS SO ORDERED.

  s/Jean Hoefer Toal
JEAN H. TOAL
CHIEF JUSTICE

Columbia, South Carolina
May 4, 2009
4:50 p.m.


1 Under Rule 65(a), SCRCP, a temporary injunction cannot be issued without notice to the adverse party. 

2 Petitioner has known about the facts supporting its request for injunctive relief for almost a month before filing this petition, and could have provided notice to the opposing parties during that period. If it were not for the interest of mortgagors who may be entitled to a loan modification, I would deny the requested relief based on petitioner’s lack of diligence.

3 While petitioner asks for this relief only as to Fannie Mae owned or guaranteed loans, this TRO applies to all loans that are subject to modification whether owned or guaranteed by Fannie Mae or Freedie Mac, or a servicer who has signed an agreement to participate in the HMP.


Posted by DAVID on Wednesday, May 13 @ 07:26:47 MST (6766 reads)
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 US Economy Down 3.8% in 2008 4th Qtr

Public Watch  Dog US Economy Down 3.8% in 2008 4th Qtr

Competition Realty Breaking News Alert
Washington, Commerce Department
Friday, January 30, 2009 -- 8:41 AM ET
-----

U.S. Economy Contracted at 3.8% Annual Pace in Fourth Quarter

Though the Commerce Department's preliminary figure for gross
domestic product in the fourth quarter of 2008 showed the
greatest decline in more than 26 years, economists had
forecast much worse.


Posted by david on Friday, January 30 @ 09:25:12 MST (6740 reads)
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     Commercial
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