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