Case: United States v. Primelending

3:10-cv-02494 | U.S. District Court for the Northern District of Texas

Filed Date: Dec. 8, 2010

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On December 08, 2010, the United States Department of Justice filed a lawsuit in the United States District Court, Northern District of Texas under the Fair Housing and Equal Credit Opportunity Acts against PrimeLending. The plaintiff asked the court for injunctive and monetary relief, claiming that the defendant displayed a pattern and practice of discrimination in lending on the basis of race against African-American borrowers.On January 11, 2011, the parties entered into a consent order in …

On December 08, 2010, the United States Department of Justice filed a lawsuit in the United States District Court, Northern District of Texas under the Fair Housing and Equal Credit Opportunity Acts against PrimeLending. The plaintiff asked the court for injunctive and monetary relief, claiming that the defendant displayed a pattern and practice of discrimination in lending on the basis of race against African-American borrowers.

On January 11, 2011, the parties entered into a consent order in which Primelending agreed to, 1) refrain from engaging in any act or practice that discriminates on the basis of race in any aspect of a residential real estate-related transaction, 2) alter its lending policy and procedures to prevent the facilitation of race based discrimination, 3) submit to a monitoring and reporting program to ensure compliance with the consent order, 4) provide borrowers with a general notice of nondiscrimination, 5) provide equal credit opportunity training to its employees and officers, 6) provide a total of $2 million to be distributed among those aggrieved, 7) allocate any portion of the $2 million that remains unclaimed to organizations that provide credit counseling and general financial education to African-American borrowers, 8) maintain a complaint resolution program to resolve discrimination claims by borrowers.

In September 2012, the defendants finished giving $2 million to those aggrieved as per the consent order and then received permission from the court to disburse the remaining $367,900 to 15 organizations supporting African-American borrowers. The consent decree terminated in 2015, and the case is now closed.

Summary Authors

Gregory Pitt (8/2/2012)

Elena Malik (11/6/2017)

People


Judge(s)

Solis, Jorge Antonio (Texas)

Attorneys(s) for Plaintiff

Holder, Eric H. Jr. (District of Columbia)

Mosteller, Daniel P. (District of Columbia)

Parker, John R (Texas)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Seward, Jon M. (District of Columbia)

Attorneys(s) for Defendant

Hancock, Paul F. (Florida)

Judge(s)

Solis, Jorge Antonio (Texas)

Attorneys(s) for Plaintiff

Holder, Eric H. Jr. (District of Columbia)

Mosteller, Daniel P. (District of Columbia)

Parker, John R (Texas)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Seward, Jon M. (District of Columbia)

Attorneys(s) for Defendant

Hancock, Paul F. (Florida)

Documents in the Clearinghouse

Document

Docket

United States v. PrimeLending

Sept. 28, 2012 Docket
1

Complaint

United States v. PrimeLending

Dec. 8, 2010 Complaint
3

PrimeLending Consent Order

United States v. PrimeLending

Jan. 11, 2011 Settlement Agreement
7

Order

United States of America vs. Primelending

Sept. 27, 2012 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Primelending, a PlainsCapital Company filed by The United States of America. Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information − Bar Membership (Parker−DOJ, John) (Entered: 12/08/2010)

Dec. 8, 2010
2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The United States of America. (Parker−DOJ, John) (Entered: 12/08/2010)

Dec. 8, 2010

New Case Notes: A filing fee is not due for this case. Magistrate Judge Kaplan preliminarily assigned. File to Judge Solis. (dnc) (Entered: 12/08/2010)

Dec. 8, 2010
3

CONSENT ORDER. (See Order) (Ordered by Judge Jorge A Solis on 1/11/2011) (dnc) (Entered: 01/11/2011)

Jan. 11, 2011

***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Tue Jan 11 10:39:47 CST 2011 (crt) (Entered: 01/11/2011)

Jan. 11, 2011

***Civil Case Terminated. (jrb) (Entered: 01/14/2011)

Jan. 11, 2011
4

Joint MOTION for Entry of Disbursement Order filed by Primelending, The United States of America with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Parker−DOJ, Tami) (Entered: 06/15/2012)

June 15, 2012
5

ORDER granting 4 Motion for Entry of Disbursement Order. (Ordered by Judge Jorge A Solis on 6/17/2012) (chmb) (Entered: 06/18/2012)

June 17, 2012

***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Mon Jun 18 12:32:46 CDT 2012 (crt) (Entered: 06/18/2012)

June 18, 2012
6

Joint MOTION for Entry of 5 Amended Disbursement Order filed by Primelending, The United States of America (Attachments: # 1 Proposed Amended Disbursement Order) (Parker−DOJ, Tami) Modified on 9/27/2012 (skt). (Entered: 09/26/2012)

Sept. 26, 2012
7

ORDER granting 6 Motion to Amend Consent Order. (Ordered by Judge Jorge A Solis on 9/27/2012) (chmb) (Entered: 09/28/2012)

Sept. 27, 2012

***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Fri Sep 28 11:09:35 CDT 2012 (crt) (Entered: 09/28/2012)

Sept. 28, 2012

State / Territory: Texas

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Dec. 8, 2010

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States of America, Department of Justice, Civil Rights Division

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Primelending (Dallas, Dallas), Private Entity/Person

Case Details

Causes of Action:

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $2 million

Order Duration: 2011 - 2015

Issues

General:

Predatory lending

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

Black