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UNITED STATES v DECATUR FEDERAL SAVINGS & LOAN ASSOCIATION Click to find out why . . .



Keywords & Phrases
CaseNo: USVDFSLA291038, CourtName: US DEPARTMENT OF JUSTICE, Plaintiff: UNITED STATES, State: GA Georgia, UniqueCaseRef: LCD>USVDFSLA291038, Mortgage Loan, Consent Decree, Applicants, United States, Act, Lender, Credit, Home Mortgage, Housing, Loans, Fair Housing, Civil Rights, Mortgage Loans, Basis, Equal Credit Opportunity, Community Reinvestment Act, Loan Association, Discrimination, Underwriting, Real Estate, Atlanta, Advertising, Decatur Federal Savings, Black Neighborhoods, Predominantly Black, Predominantly Black Areas, Compliance, Mortgage Lending, Account Executives, Applications, Atlanta Region, Originations , ContentID: 120249299

Case Documents
1   CONSENT DECREE
[ see first page and extracted highlights below  ] ItemID: 121336
16 pages
HTML
2 1991-12-31 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 121335
7 pages
HTML
Total Documents: 2 documents , 23 pages
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1 . CONSENT DECREE

EXTRACTED KEY WORDS
CONSENT DECREE
UNITED STATES
APPLICANTS
LENDER
ACT
CREDIT
HOUSING
HOME MORTGAGE
FAIR HOUSING
BASIS
COMMUNITY REINVESTMENT ACT
LOAN ASSOCIATION
CIVIL RIGHTS
EQUAL CREDIT OPPORTUNITY
DISCRIMINATION
UNDERWRITING
ADVERTISING
DECATUR FEDERAL SAVINGS
BLACK NEIGHBORHOODS
PREDOMINANTLY BLACK
PREDOMINANTLY BLACK AREAS
REAL ESTATE
COMPLIANCE
MORTGAGE LENDING
ACCOUNT EXECUTIVES
APPLICATIONS
CONSENT DECREE PERIOD
PROVISIONS
UNITED STATES DISTRICT
                    IN THE UNITED STATES DISTRICT COURT
                    FOR THE NORTHERN DISTRICT OF GEORGIA
                              ATLANTA DIVISION

   UNITED STATES OF AMERICA,
        Plaintiff,

   v.

                                        Civil Action No. 1 92-CV-2198-CAM

   DECATUR FEDERAL SAVINGS AND
   LOAN ASSOCIATION,
        Defendant.

   _________________________________

                               CONSENT DECREE

     The United States files this Consent Decree simultaneously with its
     Complaint against Defendant Decatur Federal Savings and Loan
     Association ("Decatur Federal" or "the lender") alleging violations
     of the Fair Housing Act (Title VIII of the Civil Rights Act of
     1968, as amended by the Fair Housing Amendments Act of 1988), 42
     U.S.C. §§ 3601-3619, and the Equal Credit Opportunity Act, 15
     U.S.C. §§ 1691-1691f. The Complaint alleges that Decatur Federal
     has engaged in policies and practices that discriminated against
     potential and actual mortgage loan applicants on the basis of race.

     Decatur Federal categorically denies all of the allegations in the
     Complaint and is prepared to show that it has never discriminated
     on the basis of race and has had in place programs designed to
     serve all segments of the community, regardless of race.

     More specifically, the United States alleges that Decatur Federal
     has for many years engaged in lending practices that discriminate
     on the basis of race by conducting its home mortgage loan marketing
     in a manner that excludes potential black borrowers; by originally
     defining its customer service area under the Community Reinvestment
     Act ("CRA") in 1979 so as to exclude most black residents of South
     Fulton County; by opening virtually all of its branch offices in
     neighborhoods that were predominantly white at the time and closing
     branches in neighborhoods that were or became predominantly black;
     by advertising primarily to potential white customers; by focusing
     its solicitation efforts in white neighborhoods; by avoiding
     origination of loan products with particular appeal to black
     borrowers, such as Federal Housing Administration ("FHA") and
     Veterans Administration ("VA") loans; and by employing few blacks
SNIPPETS:
  • IN THE UNITED STATES DISTRICT COURT
  • DECATUR FEDERAL SAVINGS AND LOAN ASSOCIATION,
  • The United States files this Consent Decree simultaneously with its Complaint against
  • Association alleging violations of the Fair Housing Act, 42 U.S.C. §§ 3601-3619, and the
  • The Complaint alleges that Decatur Federal has engaged in policies and practices that
  • More specifically, the United States alleges that Decatur Federal has for many years engaged tly white at the time and closing branches in neighborhoods that were or became predominantly writer.
  • The United States further alleges that Decatur Federal has discriminated against those blacks
  • It is alleged that in processing loan applications, the lender counseled white applicants
  • To this end, as more specifically described below, Decatur Federal has agreed to continue and its own performance to assure a mortgage lending program free of racial discrimination.
  • The Consent Decree is not intended to, and does not, apply to any institution other than
  • The advertising program will include special provisions to target residents of predominantly
  • The lender will distribute the brochure through such channels as real estate professionals
  • The lender will distribute at least 2,500 of these brochures per year during the Consent
  • Decatur Federal's current commission pay structure is based on a percentage of the loan
  • In order to provide account executives and/or mortgage originators with an increased
  • The provisions of this paragraph are subject to compliance with applicable regulatory
  • Decatur Federal will report its progress under this Consent Decree to the Civil Rights

  • 2 . COMPLAINT

    EXTRACTED KEY WORDS
    MORTGAGE LOANS
    APPLICANTS
    ACT
    ATLANTA
    DEFENDANT
    HOME MORTGAGE
    FAIR HOUSING
    CREDIT
    ATLANTA REGION
    ORIGINATIONS
    CIVIL RIGHTS
    RESIDENTS
    PRACTICES
    TRACTS
    POLICIES
    UNITED STATES
    REAL ESTATE
    NEIGHBORHOODS
    DISCRIMINATORY
    CENSUS
    APPRAISERS
    GEORGIA
    LENDING
    COMMUNITY
    EQUAL CREDIT OPPORTUNITY
    PURSUANT
    CREDIT NEEDS
    RACE
    REJECTION
    
                        IN THE UNITED STATES DISTRICT COURT
                        FOR THE NORTHERN DISTRICT OF GEORGIA
                                  ATLANTA DIVISION
    
       UNITED STATES OF AMERICA,
            Plaintiff,
    
       v.
    
                                            Civil Action No. 1 92-CV-2198-CAM
    
       DECATUR FEDERAL SAVINGS AND
       LOAN ASSOCIATION,
            Defendant.
    
       _________________________________
    
                                     COMPLAINT
    
       The United States of America alleges:
    
        1. This action is brought by the United States to enforce the
           provisions of Title VIII of the Civil Rights Act of 1968 (the Fair
           Housing Act), as amended by the Fair Housing Amendments Act of
           1988, 42 U.S.C. §§3601-3619, and the Equal Credit Opportunity Act,
           15 U.S.C. §§1691-1691f.
        2. This Court has jurisdiction of this action pursuant to 28 U.S.C.
           §1345, 42 U.S.C. §3614, and 15 U.S.C. §1691(h).
        3. Defendant, Decatur Federal Savings and Loan Association
           (hereinafter "Decatur Federal" or "the Association"), is a
           federally chartered savings and loan association doing business in
           the State of Georgia, and is a subsidiary of DFSoutheastern
           Incorporated. Its headquarters office is located in Decatur,
           Georgia. Its business includes engaging in residential real
           estate-related transactions and regularly extending credit to
           persons.
        4. As of December 31, 1991, Decatur Federal had $2.03 billion in
           deposits, assets of $2.56 billion, a net worth of $124 million,
           and 39 branch offices (including five regional loan offices) in
           nine counties in the state of Georgia. All but four of those
           branch offices are located in the 18-county Atlanta Metropolitan
           Statistical Area (MSA), as defined by the 1990 Census.
        5. Decatur Federal is one of the largest originators of home
           mortgages in the Atlanta area. According to data submitted by the
           Association pursuant to the Home Mortgage Disclosure Act, in 1990
           Decatur Federal originated in the Atlanta MSA 1,738 home mortgage
           loans (purchase or refinance) totaling more than $170 million. As
           used in this complaint, "home mortgage loan" refers to
    
    SNIPPETS:
  • IN THE UNITED STATES DISTRICT COURT
  • FOR THE NORTHERN DISTRICT OF GEORGIA
  • This action is brought by the United States to enforce the provisions of Title VIII of the
  • Defendant, Decatur Federal Savings and Loan Association
  • Its business includes engaging in residential real estate-related transactions and regularly
  • All but four of those branch offices are located in the 18-county Atlanta Metropolitan
  • According to data submitted by the Association pursuant to the Home Mortgage Disclosure Act,
  • As a federally regulated lending institution, Decatur Federal is subject to federal laws
  • The Community Reinvestment Act and its implementing regulations require Defendant to meet the
  • As years passed and various civil rights statutes were implemented, public and private
  • Throughout its history, however, Decatur Federal has implemented a policy and practice of
  • Nearly all of the persons who have been employed as account executives have been white, and
  • Defendant employs professional real estate appraisers and also contracts with other
  • For example, according to data from the Association's automated loan tracking system,
  • Of the FHA loans, 65 went to white applicants and of the VA loans, 17 went to white
  • During that same period, FHA and VA loans accounted for 47.9% of the total mortgage loan
  • As a result of the disparate treatment on the basis of race, black applicants for mortgage
  • The disparities in rejection rates between white mortgage loan applicants and black mortgage
  • The totality of Defendant's policies and practices as described in paragraphs 7 through 19
  • Persons who have been victims of Defendant's discriminatory policies and practices as
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