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Fair Lending

Housing

Land Installment Contracts

More land installment contracts

Litigation

The NAACP Legal Defense and Educational Fund, Inc. (LDF), the American Civil Liberties Union of Michigan (ACLU), the National Consumer Law Center (NCLC), and the Michigan Poverty Law Program filed a federal class-action lawsuit against Vision Property Management (Vision). The lawsuit was filed on behalf of financially challenged Detroit- and Flint-area residents to whom Vision promised a path to homeownership but are now trapped in contracts structured to fail. Vision primarily targeted Black consumers for its home purchase scheme, the lawsuit argues. The complaint includes detailed allegations about how Vision operated almost exclusively in Black neighborhoods, profiting from communities that were hit hardest in the housing crisis and thwarting attempts to build wealth in the Black community. The lawsuit seeks to remedy the damages caused to communities of color throughout the Greater Detroit region as a result of Vision’s practices.

  • Horne et al. v. Harbour Portfolio et al.
    Horne et al. v. Harbour Portfolio et al. Second Amended Complaint (N.D. GA)
    Horne et al. v. Harbour Portfolio et al. Third Amended Complaint (N.D. GA)
    Opposition to Defendant Harbour’s Motion to Dismiss Second Amended Complaint
    Opposition to Defendant NAA’s Motion to Dismiss Second Amended Complaint
    Order on Motion to Dismiss Second Amended Complaint (N.D. GA)Horne v. Harbour Portfolio, Unites States District Court for the Northern District of Georgia: Suit was brought by the Atlanta Legal Aid Society on behalf of 22 African-American residents representing 16 household. The action asserted claims of discriminatory targeting for abusive credit terms in home purchase “contract for deed” transactions extended by Harbour Portfolio. The complaint alleged that Harbour Portfolio, through both intentional targeting of African-American consumers and practices that have a foreseeable disparate impact on African-American consumers, violated the Fair Housing Act of 1968, as amended, 42 U.S.C. § 3601, et seq., the Equal Credit Opportunity Act, 15 U.S.C. § 1691, et seq., and the Georgia Fair Housing Act, O.C.G.A. § 8-3-200 et seq. NCLC subsequently joined the case as plaintiffs’ co-counsel.On March 20, 3018, the Court denied a motion to dismiss for all but one of the claims asserted (wrongful eviction). Thereafter, during on-going discovery, including subpoenas issued to Fannie Mae, requests for production of documents by the defendants and depositions of the defendant principal, the parties engaged in mediation before a U.S. Magistrate Judge.The case settled in December, 2018. The 12 households who were still living in their homes received a deed converting their contract for deed to a mortgage with title insurance, reduced interest rates, shorter repayment terms and, in some cases, principal reductions. They also received a lump sum cash payment. The four households who were evicted/no longer living in the home received separate lump sum cash payments. As part of the settlement, separate attorneys’ fees were paid to plaintiffs’ counsel of record.

Limited English Proficiency (LEP)

Issue Briefs and Press Releases

  • Press Release: How to Get Help with Your Mortgage During COVID-19, Jul. 9, 2020
  • Press Release: COVID-19 Crisis: Advocates Urge FHFA to Help Ensure Fair Treatment for All Borrowers, Especially Limited English Proficient Borrowers, Apr. 9, 2020
  • Press Release: FHFA Backtracks on Critical Language Access Question on Mortgage Application, Aug. 9, 2019. AFR Statement.

Letters and Comments

  • Group comments to the CFPB re: Language Access Issues in Request for Information on the Equal Credit Opportunity Act and Regulation B, Dec. 1, 2020
  • Group letter to CFPB urging improved language access protections in upcoming debt collection rulemaking, Nov. 30, 2020
  • Letter prompted by COVID-19 economic upheaval calling on Equifax, Experian, and TransUnion to provide credit reports in Spanish and other languages used by consumers who are limited English proficient, Oct. 19, 2020. Response from Consumer Data Industry Association (credit bureau trade group), Oct. 29, 2020. Response from Equifax, Oct. 30, 2020
  • Group letter to the Consumer Financial Protection Bureau re: Language Access Roundtable Discussion, Aug. 24, 2020
  • Group comments to the OCC regarding FinTech, encouraging banks to use technology to expand access for LEP consumers, Aug. 3, 2020
  • Group letter urging FHFA to quickly translate key mortgage forbearance notices related to COVID-19 for borrowers with Limited English Proficiency, Apr. 9, 2020. Press Release.

More limited English proficiency (LEP)

General Predatory Lending Archive