University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Milton v. Bancplus Mortgage Corporation FH-IL-0006
Docket / Court 96-CV-00106 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Fair Housing/Lending/Insurance
Case Summary
Plaintiff-loan applicant filed suit in the U.S. District Court for the District of Northern Illinois on January 5, 1996, alleging that the Defendant-lender had violated the Equal Credit Opportunity Act (ECOA), 15 U.S.C. 1691; the Fair Housing Act (FHA), 42 U.S.C. 3601-19; federal civil rights ... read more >
Plaintiff-loan applicant filed suit in the U.S. District Court for the District of Northern Illinois on January 5, 1996, alleging that the Defendant-lender had violated the Equal Credit Opportunity Act (ECOA), 15 U.S.C. 1691; the Fair Housing Act (FHA), 42 U.S.C. 3601-19; federal civil rights statutes, 42 U.S.C. 1981, 1982; and the Illinois Fairness in Lending Act, 815 Ill. Comp. Stat. 120/1. The Plaintiff, an African-American man living in a predominantly African-American neighborhood, had applied for a home refinancing loan. The Plaintiff alleged that he was credit-worthy and that his loan was rejected for race-based reasons after an unusual delay.

On April 16, 1996, U.S. District Court Judge Charles P. Kocoras denied the Defendants' motion to dismiss the ECOA, 1981 and 1982, and FHA claims, finding that the Plaintiff's Complaint adequately alleged that he had been treated differently than similarly situated white applicants. Judge Kocoras granted the Defendants motion to dismiss the Illinois state law claim based on lack of subject matter jurisdiction. Milton v. Bancplus Mortg. Corp., 1996 U.S. Dist. LEXIS 5166 (N.D. Ill. Apr. 18, 1996). The parties entered into a settlement agreement on June 10, 1996, and the Plaintiff voluntarily dismissed the case.

Andrew Nash - 06/02/2008


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Discrimination-area
Lending
Discrimination-basis
Race discrimination
Plaintiff Type
Private Plaintiff
Race
Black
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
Defendant(s) Bancplus Mortgage Corporation
Plaintiff Description African-American male who owned a home in Chicago's Roseland Neighborhood since 1986 who contacted the defendant in order to acquire a conventional loan or "FHA" loan to refinance his mortgage.
Indexed Lawyer Organizations None on record
Class action status sought None on record
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 1996
Case Ongoing No
Docket(s)
1:96-cv-00106 (N.D. Ill.) 07/16/1996
FH-IL-0006-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum Opinion 04/19/1996 (1996 WL 197532 / 1996 U.S.Dist.LEXIS 5166) (N.D. Ill.)
FH-IL-0006-0001 PDF | WESTLAW| LEXIS | Detail
Judges Kocoras, Charles Petros (N.D. Ill.)
FH-IL-0006-0001 | FH-IL-0006-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bodewes, Christine M. (Illinois)
FH-IL-0006-9000
Caplan, Gary Steven (Illinois)
FH-IL-0006-9000
Vinik, Nina E. (Illinois)
FH-IL-0006-9000
Defendant's Lawyers Kriss, Robert J. (Illinois)
FH-IL-0006-9000
Lee, Michael Daehyun (Illinois)
FH-IL-0006-9000
Lepri, Robert J. (Illinois)
FH-IL-0006-9000
Spiegel, Mary Ann (Illinois)
FH-IL-0006-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -