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Michigan Post > Blog > Real Estate > DOJ’s 14th redlining settlement is first with a credit score union
Real Estate

DOJ’s 14th redlining settlement is first with a credit score union

By Editorial Board Published October 12, 2024 11 Min Read
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DOJ’s 14th redlining settlement is first with a credit score union

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A Pennsylvania-based credit score union that was allegedly warned for almost 20 years that it was failing to serve minority debtors has agreed to speculate $6.5 million in predominantly Black and Hispanic neighborhoods in Philadelphia County to settle federal redlining allegations.

Since launching an initiative to fight redlining 3 years in the past, the Division of Justice has reached settlements with greater than a dozen banks. The settlement with Citadel Federal Credit score Union, introduced Thursday, is the primary with a credit score union.

Kristen Clarke

“There are well over 4,600 credit unions across America, all subject to federal laws that prohibit redlining and lending discrimination,” Assistant Legal professional Common for Civil Rights Kristen Clarke mentioned in an announcement. “Redlining and other forms of lending discrimination harm communities of color and families by denying them an equal opportunity to access credit, attain the dream of homeownership and build generational wealth.”

In an Oct. 10 criticism, the Justice Division alleged that Citadel’s redlining practices “included locating and maintaining all but one of its 24 branches in majority-White neighborhoods.”

Of the 9,473 mortgages Citadel reported making from 2017 via 2021, solely 3 p.c have been to residents of majority Black and Hispanic areas, in comparison with the ten p.c share achieved by its opponents out there throughout the identical interval, the criticism alleged.

“In other words, from 2017 through 2021, Citadel’s peer lenders made home loans in majority-Black and Hispanic areas at more than three times the rate of Citadel,” prosecutors mentioned.

In an announcement, Citadel mentioned it “respectfully disagrees with the allegations regarding our lending practices,” however views the settlement “as a vital opportunity to enhance our commitment to proactive community engagement. We acknowledge that our efforts did not allow us to reach majority Black and Hispanic census tracts in Philadelphia.”

Citadel’s consent order with the Justice Division requires it to:

Make investments no less than $6 million in a mortgage subsidy fund to extend entry to mortgage for residents of majority-Black and Hispanic neighborhoods in Philadelphia
Open three new branches in these neighborhoods and rent a group lending officer to supervise the continued growth of lending in communities of shade
Spend no less than $250,000 on group partnerships to offer companies associated to credit score, client monetary training, homeownership and foreclosures prevention
Spend no less than $270,000 for promoting, outreach, client monetary training and credit score counseling in predominantly Black and Hispanic neighborhoods

“As we look back at our history, this is a situation arising from what we weren’t doing, rather than one of intentional acts,” Citadel President and CEO Invoice Brown mentioned, in an announcement.

Citadel was warned by its regulator, Nationwide Credit score Union Administration (NCUA), on a quantity events courting again to 2006 that it was failing to offer companies to “underserved areas” in Philadelphia County, Division of Justice prosecutors alleged.

In making use of to NCUA to develop its “field of membership” — the authorized definition of who’s eligible to hitch — to incorporate 5 million individuals within the metro Philadelphia market, Citadel represented that it could open 3 branches and conduct focused outreach and advertising in Philadelphia County, the criticism alleged.

“Once the NCUA approved the charter expansion, Citadel immediately pivoted away from Philadelphia,” prosecutors mentioned. “In a board meeting soon after Citadel received approval for the charter expansion in 2009, Citadel’s President and CEO at the time noted that the proposal to the NCUA was not a ‘promise’ to open branches in particular areas.”

As Citadel expanded past Chester County between 2009 and 2021, the credit score union opened 14 new branches — all of them situated in majority-White census tracts, the criticism alleged.

Brown — who succeeded Citadel’s longtime chief Jeff March in October — acknowledged that the credit score union had agreed to open branches in Philadelphia as a part of its growth.

Bill Brown

Invoice Brown

“Banking has not been immune to the digital disruption that has swept across various industries for decades and Citadel’s robust focus on our digital journey shifted our strategy away from new brick-and-mortar branches in recent years, which inadvertently impacted our ability to serve our region as broadly as we had planned,” Brown mentioned. “Philadelphia has always been, and remains, part of our growth plan, but the evolution of our business model led to us falling short of opening branches in Philadelphia as we had agreed to do when we expanded our charter.”

In an announcement, NCUA Chairman Todd Harper mentioned in recent times, the NCUA “has established a dedicated fair lending supervision division and more than doubled its annual fair lending compliance examinations.”

The NCUA “continues to refer credit unions to the U.S. Department of Justice when the agency identifies patterns or practices of discrimination and require appropriate relief for harmed consumers,” he mentioned.

Since launching its initiative to fight redlining in 2021, the Division of Justice has reached settlements with 14 mortgage lenders totaling greater than $144 million, together with:

OceanFirst Financial institution in October agreed to a $15.1 million settlement after buying Solar Nationwide Financial institution in and Two River Neighborhood Financial institution and shutting branches that have been situated in majority-Black, Hispanic and Asian neighborhoods.
First Nationwide Financial institution of Pennsylvania, which in February agreed to speculate no less than $11.75 million in a mortgage subsidy fund to offer higher entry to mortgages and residential enchancment loans to residents of majority-Black and Hispanic neighborhoods within the Charlotte and Winston-Salem, North Carolina, markets.
Jacksonville, Florida-based Ameris Financial institution, which agreed in October 2023 to a $9 million settlement geared toward enhancing entry to credit score in majority-Black and Hispanic neighborhoods.
Newark, Ohio-based Park Nationwide Financial institution, which agreed in February 2023 to speculate no less than $7.75 million in a mortgage subsidy fund to extend entry to credit score in majority-Black and Hispanic neighborhoods within the Columbus space.
Lakeland Financial institution, which agreed in September 2022 to speculate no less than $12 million in a mortgage subsidy fund for residents of Black and Hispanic neighborhoods within the Newark, New Jersey, metropolitan space, together with neighborhoods in Essex, Somerset and Union counties.
Berkshire Hathaway-owned Trident Mortgage Firm, which agreed in July 2022 to speculate greater than $20 million to create homeownership alternatives in communities of shade round Philadelphia.

In saying the settlement with Ameris Financial institution final fall, Legal professional Common Merrick Garland mentioned the Justice Division had over two dozen ongoing investigations into redlining throughout the nation.

Addressing credit score union executives at an trade convention in March, Clarke mentioned the Justice Division was “moving full speed ahead in redlining enforcement.”

Saying enforcement and oversight alone received’t repair the issue of redlining, she shared “best practices” for credit score unions.

“The first lesson is to engage with your regulators and promptly implement any fair lending recommendations following a consumer compliance exam,” Clarke mentioned in March. “One hallmark of so many of our redlining investigations – whether agency-referred or self-initiated – is that the lender failed to implement recommendations issued by its regulator.”

In its criticism towards Citadel, the Division of Justice claimed that executives on the credit score union knew it was vulnerable to violating honest lending legal guidelines since no less than 2016, “as a third-party report commissioned by Citadel that year showed much lower percentages of applications from minority borrowers” in comparison with different lenders in its market space.

In 2020, an NCUA honest lending examination “found that Citadel did not provide fair lending training to officials, including its board of directors and supervisory committee, and that it had never conducted a ‘comprehensive fair lending risk assessment,’ which are standard practices in the mortgage lending industry.”

Clarke additionally advisable that credit score unions:

Interact with group teams that perceive the credit score wants of native communities of shade
Guarantee compliance administration techniques are literally measuring redlining threat, slightly than counting on “insufficient metrics” that present “a false sense of security”
When counting on AI, “be sure to do so in a safe and sound manner to prevent harm to members and ensure compliance with civil rights laws”

E-mail Matt Carter

TAGGED:14thcreditDOJsredliningsettlementunion
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