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 Housing and Urban Development’s (“HUD”) Home Equity Conversion Mortgage (“HECM”) program, which offers senior citizens reverse mortgages insured by the Federal Housing Administration…
On January 13, 2017, the Department of Justice (“DOJ”) announced that it had filed a lawsuit against a Minnesota bank, stemming from allegations that the bank engaged in illegal “redlining” of minority neighborhoods in the Minneapolis-St. Paul metropolitan area. The DOJ alleged in its complaint that the bank violated the Fair…
On November 21, 2016, the U.S. Department of Justice (DOJ) and U.S. Postal Inspection Service announced that an individual defendant was sentenced for his participation in an allegedly fraudulent debt relief scheme. The defendant worked for two companies in Orange County, California that offered to settle credit card debts. According to…
On September 29, the U.S. Department of Justice (DOJ) announced that it had secured a settlement from a national lender, resolving allegations that the lender violated the False Claims Act, Program Fraud Civil Remedies Act, and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 in its underwriting of Federal…
On September 29, the U.S. Department of Justice (DOJ) announced that it had entered into a consent order with a national bank over allegations that the bank had engaged in unlawful debt collection practices, in violation of the Servicemembers Civil Relief Act (SCRA). The SCRA extends additional protections from certain debt…
On September 28, the U.S. Department of Justice (DOJ) announced that it had entered into a consent order with a bank to resolve allegations that the bank discriminated against Hispanic borrowers. The DOJ’s complaint, filed along with the consent order in the U.S. District Court for the Southern District of Texas,…
On September 13, 2016, the Department of Justice (“DOJ”) announced a settlement agreement with a bank for allegedly violating the False Claims Act by improperly underwriting and originating of FHA-insured mortgage loans. According to the DOJ, from January 1, 2006 to December 31, 2011, the lender was improperly underwriting and certifying that mortgage loans…
On May 19, 2016, the Department of Justice (DOJ) announced that it filed a lawsuit against a national mortgage company relating to the company’s participation in the Direct Endorsement Lender Program of the Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA) insurance program. A qui tam plaintiff…
On April 15, the U.S. Department of Justice (DOJ) announced that a mortgage company settled claims it violated the False Claims Act by originating and underwriting mortgage loans insured by the U.S. Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA) that failed to comply with certain requirements for the FHA insurance program. The settlement…
On January 19, the U.S. Department of Justice (DOJ) announced that it had reached a settlement with a national bank over allegations that the bank discriminated against mortgage loan applicants who had disabilities or received public assistance. The DOJ alleged in its simultaneously filed complaint that the bank violated the Fair Housing…
On November 16, 2015, the DOJ announced a settlement with a national for-profit education company over alleged violations of the False Claims Act and the Higher Education Act. The settlement resolves four separate qui tam suits filed against the company in federal court. In conjunction with the DOJ announcement, the Attorneys General…
On November 5, 2015, the DOJ’s U.S. Trustee Program announced that it entered into a nationwide settlement agreement with a national bank over allegations the bank failed to file mortgage payment change notices in bankruptcy proceedings. When a debtor has entered Chapter 13 bankruptcy proceedings, federal bankruptcy law requires mortgage…
On September 28, 2015, the CFPB and DOJ announced a consent order and settlement with a national bank to resolve allegations that the bank’s auto lending practices violated ECOA. The bank allegedly allowed its auto dealer partners to charge a “dealer markup” as high as 2.5 percent above the risk-based interest rate set by the…
On September 28, 2015, the acting United States Attorney for the Eastern District of New York announced the filing of a civil suit against several mortgage lenders and a consumer counseling and relief fund. The suit alleges that the lenders conspired with the counseling fund in an effort to hide their high default…
On September 29, 2015, the DOJ announced that it had entered into a consent order with a regional bank over allegations that it engaged in redlining practices in violation of the Equal Credit Opportunity Act (ECOA). The bank holds over $900 million in assets and offers traditional deposit accounts, mortgage…
On September 24, 2015, the DOJ and HUD announced that the owner and employees of a regional mortgage company had been sentenced for their participation in a $64 million mortgage fraud scheme. According to the DOJ, the Defendants operated a regional mortgage company, which specialized in securing Federal Housing Administration…
On September 24, 2015, the CFPB and the DOJ announced a settlement with a regional bank over allegeatoins that it engaged in redlining practices in violation of the Equal Credit Opportunity Act (ECOA). According to the complaint, the bank allegedly discriminated against minorities by systematically preventing residents of certain minority neighborhoods from…
On August 10, 2015, the American subsidiary of an automotive lending company disclosed in an SEC filing that the Consumer Financial Protection Bureau (CFPB) had notified the company on July 31, 2015 that it had asked the DOJ to investigate the company’s potential violations of the Equal Credit Opportunity Act. According to the filing, the CFPB’s referral…
On August 5, 2015, a bank revealed in an U.S. Securities and Exchange Commission filing that the U.S. Department of Housing and Urban Development (“HUD”) Office of Inspector General and the U.S. Department of Justice (collectively, the “Government”) are currently investigating whether the bank complied with underwriting requirements on loans…
On July 15, the Consumer Financial Protection Bureau (“CFPB”) and the Department of Justice (“DOJ”) announced that claims concerning an indirect auto finance company’s alleged discriminatory lending practices were settled as part of a consent order requiring $24 million in restitution payments to borrowers and changes to the lender’s dealer compensation system. The consent order alleges…