News & Analysis as of

Department of Housing and Urban Development Enforcement Actions Fair Housing Act (FHA)

Ballard Spahr LLP

Disparate Impact Executive Order and HUD to Reconsider Disparate Impact Rule

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President Trump recently signed an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy“ to eliminate the use of disparate impact liability. The U.S. Department of Housing and Urban Development (HUD)...more

Orrick, Herrington & Sutcliffe LLP

Congressmembers send letter to HUD Secretary Turner on recent actions

On March 17, 108 members of Congress sent a letter to HUD Secretary Scott Turner expressing concern over recent staff terminations and their impact on the agency’s ability to fulfill its statutory requirements. The letter...more

Ballard Spahr LLP

Rocket Mortgage Turns the Table on HUD

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As previously reported, this summer the U.S. Department of Housing and Urban Development (HUD) filed a housing discrimination charge under the Fair Housing Act against an appraisal company, individual appraiser, appraisal...more

King & Spalding

The Implications of a Revived Disparate Impact Doctrine Under a Biden CFPB

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Every change in presidential administration results in shifts to agencies’ policy priorities and enforcement efforts. In a Biden Administration, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”), in particular,...more

Ballard Spahr LLP

CFPB Files First Ever Redlining Complaint Against a Non-Bank Mortgage Lender

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On July 15, 2020, the CPFB filed a complaint in federal court against Townestone Financial, Inc. (Townestone) representing the first ever redlining complaint against a non-bank mortgage lender. ...more

Goodwin

DOJ Announces $15 Million Settlement with Mortgage Originator Over Alleged FCA Violations

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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...more

Hudson Cook, LLP

Fair Lending Developments: Wrestling with Causation

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The past year saw the lower courts wrestle with the aftermath of the U.S. Supreme Court’s decision in Bank of America Corp. v. City of Miami that, like the Court’s previous ruling in Texas Department of Community Affairs v....more

Bradley Arant Boult Cummings LLP

DOJ Continues Fair Housing Act Enforcement Actions

The United States Department of Justice (DOJ) recently filed a civil action in the United States District Court for the Western District of Tennessee against an apartment development and its property management company...more

Ballard Spahr LLP

DOJ Issues Annual Report To Congress On 2016 ECOA/FHA/SCRA Enforcement Activities

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The Department of Justice’s Civil Rights Division has issued its annual report to Congress regarding its activities to enforce the ECOA, FHA and SCRA. The report covers 2016 activities that would have taken place under the...more

Goodwin

HUD Bans Mortgage Lender from Originating FHA-Insured Loans Because of False Financial Statements

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On July 11, 2017, the United States Department of Housing and Urban Development (HUD) announced that its Mortgagee Review Board had suspended a national mortgage lender from originating and underwriting new mortgages insured...more

Goodwin

Reverse Mortgage Servicer to Pay $89 Million to Resolve False Claims Act and FIRREA Claims

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On May 16, 2017, the U.S. Department of Justice (“DOJ”) announced that it had reached a settlement with a company engaged in reverse mortgage servicing, in connection with the company’s participation in the Department of...more

Goodwin

HUD Settles Fair Housing Act Claims Against California Credit Union

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On May 10, 2017, the U.S. Department of Housing and Urban Development (HUD) announced a settlement with a California credit union concerning allegations that the credit union denied loan approval to a married couple because...more

Goodwin

Department of Housing and Urban Development Announces Settlement with National Bank over Alleged Discriminatory Lending Practices

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On June 8, 2016, the Department of Housing and Urban Development (HUD) announced it entered into a settlement agreement with a national bank over allegations the bank engaged in discriminatory lending practices in violation...more

Ballard Spahr LLP

FHA Solicits Public Comment on Proposed Information Collection for Its “Loan-Level” and “Lender-Level” Certifications

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The Federal Housing Administration (FHA) published two notices soliciting public comment on proposed information collection for its Single Family Loan Level Certification and Annual Certification on September 1, 2015....more

Nexsen Pruet, PLLC

Why the Flagstar Bank Case is Important - Blog: Consumer Financial Protection Bureau

Nexsen Pruet, PLLC on

Let’s revisit the Flagstar Bank case which I touched on in my November 20, 2014 posting. This is an important case for a number of reasons, most notably because it was the CFPB’s first enforcement action under the CFPB’s new...more

K&L Gates LLP

Guilty Unless Proven Innocent: FHA’s Potential New Enforcement Regime

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The use of statistical sampling to evidence compliance violations without actually performing loan level reviews is at the center of a new enforcement regime that the U.S. Department of Housing and Urban Development (“HUD” or...more

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