Case: United States of America v. Wells Fargo Bank

1:12-cv-01150 | U.S. District Court for the District of Columbia

Filed Date: July 12, 2012

Clearinghouse coding complete

Case Summary

On July 12, 2012, the United States, on behalf of over 34,000 African-American and Hispanic borrowers, filed a lawsuit under the Fair Housing and Equal Credit Opportunity Acts in the United States District Court, District of Columbia. Plaintiff, represented by attorneys from the United States Department of Justice, asked the court for injunctive and monetary relief, claiming that the discriminatory lending practices of Defendant adversely affected African American and Hispanic borrowers. Specif…

On July 12, 2012, the United States, on behalf of over 34,000 African-American and Hispanic borrowers, filed a lawsuit under the Fair Housing and Equal Credit Opportunity Acts in the United States District Court, District of Columbia. Plaintiff, represented by attorneys from the United States Department of Justice, asked the court for injunctive and monetary relief, claiming that the discriminatory lending practices of Defendant adversely affected African American and Hispanic borrowers. Specifically, Plaintiff claimed that during and between 2004 and 2009, Defendant engaged in a pattern or practice of discrimination on the basis of race and national origin in residential mortgage lending. Two other cases -- Baltimore v. Wells Fargo (FH-MD-0001 in the Clearinghouse) and Memphis v. Wells Fargo (FH-TN-0002 in the Clearinghouse) have made essentially equivalent allegations.

On July 12, 2012, the Court entered a consent order resolving Plaintiff's claims. The settlement provided $125 million in compensation for wholesale borrowers who were steered into subprime mortgages or who paid higher fees and rates based on their race or national origin. Defendant also agreed to provide $50 million in direct down payment assistance to borrowers in certain areas of the country. Additionally, Defendant agreed to conduct an internal review of its retail mortgage lending and will compensate borrowers who were placed into subprime loans based on their race or national origin.

This case is ongoing with semi-annual reports by the Defendant.

Summary Authors

Gregory Pitt (7/16/2012)

Related Cases

City of Baltimore v. Wells Fargo, District of Maryland (2008)

City of Memphis v. Wells Fargo Bank, N.A., Western District of Tennessee (2009)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4211616/parties/united-states-v-wells-fargo-bank-na/


Judge(s)

Bates, John D. (District of Columbia)

Attorneys(s) for Plaintiff

Guzman, Javier M (District of Columbia)

Hecker, Elizabeth Parr (District of Columbia)

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

Lincoln, Holly C. (District of Columbia)

Machen, Ronald C (District of Columbia)

Montag, Coty R (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Seward, Jon M. (District of Columbia)

Judge(s)

Bates, John D. (District of Columbia)

Attorneys(s) for Plaintiff

Guzman, Javier M (District of Columbia)

Hecker, Elizabeth Parr (District of Columbia)

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

Lincoln, Holly C. (District of Columbia)

Machen, Ronald C (District of Columbia)

Montag, Coty R (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Seward, Jon M. (District of Columbia)

Van Horn, Daniel F (District of Columbia)

Attorneys(s) for Defendant

Longstreth, John (District of Columbia)

Williams, Bart H. (California)

Documents in the Clearinghouse

Document

Docket

Dec. 19, 2012 Docket
2-1

Consent Order

July 12, 2012 Order/Opinion
2

JOINT MOTION FOR ENTRY OF CONSENT ORDER AND STATEMENT OF POINTS AND AUTHORITIES

July 12, 2012 Pleading / Motion / Brief
1

Complaint

July 12, 2012 Complaint

Press Release

No Court

July 12, 2012 Press Release
9

Memorandum Opinion and Order

United States v. Wells Fargo Bank

891 F.Supp.2d 143

Sept. 20, 2012 Order/Opinion
10

Consent Order

United States v. Wells Fargo Bank

Sept. 21, 2012 Order/Opinion
13

Notice Regarding Additional Monetary Relief

United States v. Wells Fargo Bank

Dec. 19, 2012 Notice Letter

Resources

Title Description External URL

The Origins of Fair Lending Litigation

Andrew Nash

This paper describes the origins of fair lending litigation in the 1970s. It documents two litigation strategies, one aimed at discriminatory lenders in local communities and a second at the federal … Dec. 4, 2008 http://ssrn.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4211616/united-states-v-wells-fargo-bank-na/

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

ECF Number Description Date Link
1

COMPLAINT against WELLS FARGO BANK, N.A. (and civil cover sheet) (Fee Status:Filing Fee Waived) filed by UNITED STATES OF AMERICA.(Guzman, Javier) (Additional attachment(s) added on 7/12/2012: # 1 Civil Cover Sheet) (kb). (Entered: 07/12/2012)

1 Civil Cover Sheet

View on RECAP

July 12, 2012 PACER
2

Joint MOTION to Approve Consent Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order (proposed consent decree))(Guzman, Javier) (Entered: 07/12/2012)

July 12, 2012 PACER
3

NOTICE (Summons) by UNITED STATES OF AMERICA re 1 Complaint (Guzman, Javier) (Entered: 07/12/2012)

July 12, 2012 PACER
4

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bart H. Williams, :Firm- Munger, Tolles & Olson LLP, :Address- 355 S. Grand Avenue, 35th Floor, Los Angeles, CA 90071. Phone No. - 213-683-9295. Fax No. - 213-683-5195 by WELLS FARGO BANK, N.A. (Attachments: # 1 Affidavit Declaration of Bart H. Williams, # 2 Text of Proposed Order Proposed Order)(Longstreth, John) (Entered: 07/12/2012)

July 12, 2012 PACER
5

Electronic Summons (1) Issued as to WELLS FARGO BANK, N.A. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(kb) (Entered: 07/12/2012)

July 12, 2012 PACER
6

NOTICE of Appearance by John Longstreth on behalf of WELLS FARGO BANK, N.A. (Longstreth, John) (Entered: 07/12/2012)

July 12, 2012 PACER
7

SUPPLEMENTAL MEMORANDUM to re 2 Joint MOTION to Approve Consent Judgment filed by UNITED STATES OF AMERICA. (Guzman, Javier) (Entered: 08/10/2012)

Aug. 10, 2012 PACER
8

TRANSCRIPT of TELEPHONE CONFERENCE before Judge John D. Bates held on 7/27/12. Page Numbers: 1-9. Date of Issuance: 8/24/12. Court Reporter: Bryan A. Wayne, Telephone number 202-354-3186. Court Reporter Email Address: bryanawayne@yahoo.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 9/14/2012. Redacted Transcript Deadline set for 9/24/2012. Release of Transcript Restriction set for 11/22/2012.(Wayne, Bryan) (Entered: 08/24/2012)

Aug. 24, 2012 PACER
9

MEMORANDUM OPINION & ORDER. See text for details. Signed by Judge John D. Bates on 09/20/2012. (lcjdb2) (Entered: 09/20/2012)

Sept. 20, 2012 RECAP
10

CONSENT ORDER. See text of Order and accompanying Memorandum Opinion & Order for details. Signed by Judge John D. Bates on 09/21/2012. (lcjdb2) (Entered: 09/21/2012)

Sept. 21, 2012 RECAP
11

Joint MOTION to Amend/Correct 10 Order by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Guzman, Javier) (Entered: 10/24/2012)

Oct. 24, 2012 PACER
12

ORDER entering amendment to Paragraph 30 of the 10 Consent Order. Signed by Judge John D. Bates on 10/25/2012. (lcjdb2) (Entered: 10/25/2012)

Oct. 25, 2012 PACER
13

NOTICE Regarding Additional Monetary Relief by UNITED STATES OF AMERICA (Guzman, Javier) (Entered: 12/19/2012)

Dec. 19, 2012 PACER
14

MOTION to Amend/Correct 10 Order by WELLS FARGO BANK, N.A. (Attachments: # 1 Text of Proposed Order)(Williams, Bart) (Entered: 07/25/2013)

July 25, 2013 PACER
15

ORDER granting 14 motion to amend and amending 10 the September 21, 2012, Consent Order. Signed by Judge John D. Bates on 7/26/2013. (lcjdb2) (Entered: 07/26/2013)

July 26, 2013 PACER
16

ERRATA by WELLS FARGO BANK, N.A. 14 MOTION to Amend/Correct 10 Order filed by WELLS FARGO BANK, N.A.. (Williams, Bart) (Entered: 07/29/2013)

July 29, 2013 PACER
17

NOTICE of Appearance by Keith V. Morgan on behalf of UNITED STATES OF AMERICA (Morgan, Keith) (Entered: 09/26/2014)

Sept. 26, 2014 PACER
18

STATUS REPORT by UNITED STATES OF AMERICA. (Morgan, Keith) (Entered: 09/26/2014)

Sept. 26, 2014 PACER

State / Territory: District of Columbia

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: July 12, 2012

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

The United States on behalf of more than 34,000 African-American and Hispanic borrowers.

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

Wells Fargo Bank, Private Entity/Person

Defendant Type(s):

Bank or credit provider

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)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $175 million

Order Duration: 2012 - 2015

Content of Injunction:

Monitoring

Implement complaint/dispute resolution process

Develop anti-discrimination policy

Reporting

Issues

General:

Predatory lending

Discrimination-area:

Lending

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic