Case: United States v. C&F Mortgage Corp.

3:11-cv-00653 | U.S. District Court for the Eastern District of Virginia

Filed Date: Sept. 30, 2011

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On September 30, 2011, the United States Department of Justice Civil Rights Division filed a lawsuit in the United States District Court for the Eastern District of Virginia against C&F Mortgage Corporation. The suit was brought on behalf of African-American and Hispanic borrowers against C&F Mortgage Corporation, alleging that it had engaged in a pattern or practice of discrimination on the basis of race and/or national origin against black and Hispanic borrowers. Specifically, the complaint…

On September 30, 2011, the United States Department of Justice Civil Rights Division filed a lawsuit in the United States District Court for the Eastern District of Virginia against C&F Mortgage Corporation. The suit was brought on behalf of African-American and Hispanic borrowers against C&F Mortgage Corporation, alleging that it had engaged in a pattern or practice of discrimination on the basis of race and/or national origin against black and Hispanic borrowers. Specifically, the complaint alleged that C&F Mortgage Corporation, on average, charged both black and Hispanic borrowers approximately 20 basis points more than it charged to similarly-situated whites.

The plaintiff also filed a motion for approval of a consent order on September 30, 2011.

The Court (Judge Robert E. Payne) entered a final consent order on October 4, 2011 and maintained that it would retain jurisdiction over the case to enforce the terms of the Order. Under the provisions of the order, C&F agreed to implement policies and procedures designed to ensure that the prices charged for C&F's residential loan products, including the portion of the price that reflects the discretion of the loan officer or any other employee, are set in a nondiscriminatory manner consistent with the requirements of the FHA and the ECOA. In addition, C&F agreed to compensate certain black and Hispanic borrowers.

The terms of the Order ended on January 17, 2014 and the Court (Judge Robert E. Payne) dismissed the case with prejudice.

Summary Authors

Megan Richardson (11/7/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/43266722/parties/united-states-v-cf-mortgage-corporation/


Judge(s)

Payne, Robert E. (Virginia)

Attorneys(s) for Plaintiff

Griffin, Howard R. (District of Columbia)

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

Macbride, Neil H (Virginia)

Mcintosh, Robert P (Virginia)

Murphy, Donna M. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Standridge, Amber R. (District of Columbia)

Attorneys(s) for Defendant

McKenzie, Ray Daniel (District of Columbia)

Judge(s)

Payne, Robert E. (Virginia)

Attorneys(s) for Plaintiff

Griffin, Howard R. (District of Columbia)

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

Macbride, Neil H (Virginia)

Mcintosh, Robert P (Virginia)

Murphy, Donna M. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Standridge, Amber R. (District of Columbia)

Attorneys(s) for Defendant

McKenzie, Ray Daniel (District of Columbia)

Raman, Anand S. (District of Columbia)

Documents in the Clearinghouse

Document

3:11-cv-00653

Docket [PACER]

United States of America v. C&F Mortgage Corporation

Jan. 17, 2014

Jan. 17, 2014

Docket
1

3:11-cv-00653

Complaint

United States of America v. C&F Mortgage Corporation

Sept. 30, 2011

Sept. 30, 2011

Complaint
5

3:11-cv-00653

Consent Order

United States of America v. C&F Mortgage Corporation

Oct. 3, 2011

Oct. 3, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/43266722/united-states-v-cf-mortgage-corporation/

Last updated July 29, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by United States of America against C&F Mortgage Corporation. (Attachment: # 1 Civil Cover Sheet). (walk, ) (Entered: 10/03/2011)

Sept. 30, 2011

Sept. 30, 2011

Clearinghouse
2

MOTION by United States of America for the Admission of Howard R. Griffin, Esquire Pro Hac Vice. (walk, ) (Entered: 10/03/2011)

Sept. 30, 2011

Sept. 30, 2011

PACER
3

Unopposed Motion and Brief in Support by United States of America for Entry of Consent Order. (walk, ) (Entered: 10/03/2011)

Sept. 30, 2011

Sept. 30, 2011

PACER
4

ORDER GRANTING 2 Motion by United States of America for the Admission of Howard R. Griffin, Esquire Pro Hac Vice. Signed by District Judge Robert E. Payne on 10/03/2011. (walk, ) (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

PACER
5

CONSENT ORDER re: 3 Unopposed Motion and Brief in Support by United States of America for Entry of Consent Order (please see Consent Order for additional information). The Court shall retain jurisdiction for the duration of this Order to enforce the terms of the Order, after which time the case shall be dismissed with prejudice. SO ORDERED and Signed by District Judge Robert E. Payne on 10/03/2011. Copy mailed to Counsel for Defendant. (walk, ) (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

Clearinghouse
6

MOTION by C&F Mortgage Corporation for the Admission of Anand S. Raman, Esquire Pro Hac Vice. (Attachment: # 1 Receipt). (walk, ) (Entered: 10/05/2011)

Oct. 4, 2011

Oct. 4, 2011

PACER
7

ORDER GRANTING 6 Motion by C&F Mortgage Corporation for the Admission of Anand Subram Raman, Esquire Pro Hac Vice. Signed by District Judge John A. Gibney, Jr on 10/11/2011. (lhin, ) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
8

WAIVER OF SERVICE Returned Executed by United States of America. C&F Mortgage Corporation Waiver sent on 09/30/2011, Answer due 11/29/2011. (walk, ) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
9

Joint MOTION FOR ENTRY OF DISTRIBUTION ORDER by United States of America. (Attachments: # 1 Proposed Order)(McIntosh, Robert) (Entered: 05/30/2013)

May 30, 2013

May 30, 2013

PACER
10

ORDER APPROVING Parties' 9 Joint Motion for Entry of Distribution Order. The Court hereby approves the selection of these organizations and approves the disbursement of the above-referenced funds. Accordingly, the Defendants are hereby ORDERED to disburse the residual funds as required by paragraph 14 of the Order to HOME and SMTCCAC no later than 30 days after the issuance of this Order (please see Disbursement Order for additional information). It is so ORDERED. Signed by District Judge Robert E. Payne on 05/31/2013. (walk, ) (Entered: 06/03/2013)

June 3, 2013

June 3, 2013

PACER
11

STIPULATION of Dismissal With Prejudice by C&F Mortgage Corporation and the United States of America. (McKenzie, Ray) (cmcc) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

PACER
12

NOTICE of Filing of Document titled: Notice of Appeal to the United States District Court for the District of Columbia; Memorandum Opinion and Order RECEIVED from Joi M. Kelly, Registered Nurse. (walk, ) (Entered: 10/22/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2011

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Department of Justice on behalf of African American and Hispanic borrowers.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

C&F Mortgage Corporation, 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)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 140,000.00

Order Duration: 2011 - 2014

Content of Injunction:

Recordkeeping

Provide antidiscrimination training

Monitoring

Discrimination Prohibition

Develop anti-discrimination policy

Required disclosure

Issues

General:

Disparate Treatment

Pattern or Practice

Predatory lending

Discrimination-area:

Lending

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic