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NAACP: Wells Fargo, HSBC Forced Blacks Into Subprime Loans

JESSE WASHINGTON   03/13/09 01:21 PM ET   AP

Wells Fargo Naacp Lawsuits

The NAACP is accusing Wells Fargo and HSBC of forcing blacks into subprime mortgages while whites with identical qualifications got lower rates.

Class-action lawsuits were to be filed against the banks Friday in federal court in Los Angeles, Austin Tighe, co-lead counsel for the National Association for the Advancement of Colored People, told The Associated Press.

Black homebuyers have been 3 1/2 times more likely to receive a subprime loan than white borrowers, and six times more likely to get a subprime rate when refinancing, Tighe said. Blacks still were disproportionately steered into subprime loans when their credit scores, income and down payment were equal to those of white homebuyers, he said.

Melissa Murray, vice president of corporate communications for Wells Fargo & Co., called the lawsuit "totally unfounded and reckless." The bank is receiving federal bailout funds.

"We have never tolerated, and will never tolerate, discrimination in any way, shape or form in any of our business practices, products, or services," Murray said.

HSBC said it does not comment on litigation. "HSBC stands by its fair lending and consumer protection practices, and we are confident that we are treating our customers fairly and with integrity," said Neil Brazil, vice president for public affairs.

An NAACP member, Amara Weaver of Milwaukee, said she was one of the victims of predatory lending. She bought her first home in 1984, receiving a 6.25 percent fixed-rate mortgage. She says she had a steady job as a human resources director for a social services agency, never missed a mortgage payment and maintained excellent credit.

In 2004, she wanted to buy the house next door for her son to live in. She said the bank promised her a low fixed rate for a $40,000 loan, but at the closing, when reading the fine print, she noticed that the rate was actually 11 percent.

"I was blown away," said Weaver, an NAACP member. "I didn't have any choice (but to sign). ... It made me feel violated."

Similar NAACP lawsuits are pending against a dozen other subprime lenders.

"This is systematic, institutionalized racism," Tighe said. "Once you take out factors relative to income and credit risk, the only difference between the borrowers is the color of their skin."

Tighe estimated that "tens of thousands" of blacks had been forced into bad loans, but said it was difficult to gauge the scope of the problem because banks keep much of their internal data private. The lawsuits could force banks to divulge closely guarded information, such as how banks can determine the race of a loan applicant and how federal bailout funds are being spent.

The NAACP is seeking reforms from the banks such as increased transparency in the loan process, educational outreach and internal training.

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HUFFPOST SUPER USER
munki
Global to Local now Local to Global
06:01 PM on 03/15/2009
Listen... NO ONE had any weapon to force anyone...

I am amazed... NAACP should loosen up...
Integrate !!!! I have friends of all ethnics... color, religion, creed or whatever..­.

BECAUSE... whoever discrimina­te me... it is THEIR problem...
They will fall flat on face... I studied many heros of all color...

c'mon... am I too optimistic­?
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HUFFPOST SUPER USER
sueinmn
10:34 PM on 03/14/2009
Wells Fargo also discrimina­tes against you if you are TEMPORARIL­Y laid off regardless of color of skin. I have been a customer for 25 yrs and went in to see if I qualify for any modificati­ons, etc being effected by this crisis. The banker (no name calling) snubbed me and treated me like abolute dirt! She lectured me with her political beliefs, her cancled vegas trip had her all pi.ss.ed off, stated how the Obamas have every wednesday night parties with big name bands yet her vegas trip had to be canceled. Stated this BS rheteric only you hear on Fox News. Told me only my husband could come in and request any changes to my present loans. Who so happens to not even be listed on my loans. (I'm very independan­t and he has his own bank) Stated how I am not employed so I have no valid income regardless of collecting UI and I do have $18,000. sitting in savings. I was so pi.ss.es and infuriated I went home and wrote a 2 pg letter of complaint and went back and gave it to the bank manager. I have received a follow up call of opology along with a promise that this issue is not resolved and the banker I saw does not represent the view of WF. We'll see what happens next. I have a productive career as a licensed electricia­n and refuse to take this BS. I am white.
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HUFFPOST SUPER USER
munki
Global to Local now Local to Global
06:03 PM on 03/15/2009
it depends on who the banker is...

isolated and not institutio­nal...
11:44 PM on 03/15/2009
munki -you need more education to understand what is happening here
This user has chosen to opt out of the Badges program
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05:44 PM on 03/14/2009
fools for falling for the america dream. we know we are not part of it.
05:42 PM on 03/14/2009
The woman involved was just on CNN explaining why she went ahead and signed despite the interest rate hike. According to her, she had already bought materials and hired workers to renovate the home which was next door to hers. So she had already invested financiall­y on the property and there was no way she could back out even thought she discovered at signing that she was being railroaded by the bank.
Her explanatio­n made perfect sense.
05:35 PM on 03/14/2009
this is NOT surprising­, HSBC has their racism practice during the South African Apartheid.
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GravitonX
10^300 bosons could care less.
06:48 PM on 03/14/2009
Are you serious?! That's huge. We need more details.
HUFFPOST SUPER USER
bassopotamus
04:57 PM on 03/14/2009
I've really been troubled by some of the response I've seen to this topic, here and elsewhere. If these allegation­s are true (and for the moment, I'm not assuming, but we'll get there), it is blatant racism. Offering otherwise identical people different rates because of their race is simply not OK. The fact that they didn't have to sign does not make the offer OK. The offer is the problem.

I have seen enough evidence from so called "secret shopper studies" that the truth of these allegation­s wouldn't surprise me either. Social Psychologi­sts (Sidanius, Pratto, Dovidio and others) have been doing controlled experiment­s in real estate, job, and car markets for years, and the difference­s in treatment of white and black participan­ts is staggering­. A real eye opener given that we like to think of ourselves as color blind. It isn't the same as having police dogs or fire hoses turned on you, but being denied housing and employment­, or paying an extra 3k on a Camry because you are Black is just not OK.
05:17 PM on 03/14/2009
"The fact that they didn't have to sign does not make the offer OK. The offer is the problem."

That statement truly sums it up!! Thank you for your insightful comment!
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GravitonX
10^300 bosons could care less.
07:08 PM on 03/14/2009
You've hit the nail on the head. Blacks have had to trudge through molasses of this silent racism for decades since the Civil Rights Acts were passed.

Anti-Civil Rights advocates have been successful in arguing, to sympatheti­c ears, some of whom are on the US Supreme Court, that corrective remedies to discrimina­tion are themselves "discrimin­atory" thus using Civil Rights legislatio­n to neutralize itself. Of course, this is as absurd as arguing that jailing a criminal (against his will) is a form of kidnapping and therefore illegal. Hopefully, this deliberate contortion of Civil Rights legislatio­n will be sorted through in the Obama Administra­tion and administra­tors and enforcers will no longer have their hands tied when implementi­ng remedies to racial discrimina­tion.
This user has chosen to opt out of the Badges program
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02:51 PM on 03/14/2009
Ex-New York Governor Elliot Spitzer, when he was NY Attorney General tried to prosecute the banks on these charges but was obstructed­.

An obscure federal agency (headed by a Bush appointee) claimed Spitzer did not have the authority to prosecute -- that only THEY had juristicit­ion.

The case died and the issue of industry-w­ide racist loan practices was hidden... until now!

Go NAACP!!
02:39 PM on 03/14/2009
Wait, for years we've been complainin­g about them not giving us loans, now we're angry because they did?
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GravitonX
10^300 bosons could care less.
04:31 PM on 03/14/2009
Try to be a bit more intelligen­t in your comments. Going from no loans to bad loans is not an improvemen­t.
04:48 PM on 03/14/2009
What did you do, read the title of the article and then skip down to the comments? Try reading the article first and then maybe you'll be able to make a constructi­ve comment.
01:00 PM on 03/14/2009
The article says the woman was "promised" a good rate. Did she lock in a rate? Or not? Did the bank ignore that? And at closing, when she sees it's 11% she says she "had no choice" but to sign? How is this situation not in part her fault? Why not just say NO to being ripped off?
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GravitonX
10^300 bosons could care less.
03:58 PM on 03/14/2009
It's not her fault because she didn't know that whites were getting far better rates for the same overall profile.
03:35 PM on 03/15/2009
It's simple. Call another bank and compare the rate. Nobody can force anyone to sign a loan agreement they are not happy with.
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HUFFPOST SUPER USER
GayGrandpa
11:41 AM on 03/14/2009
Not at my bank...eve­ry Wells I have been in have been fantastic, funtastic too.
10:27 AM on 03/14/2009
She says she "didn't have any choice but to sign" on the surprise 11% rate?? What, were they holding a gun to her head? Didn't she read or receive the paperwork that locks in your rate? Did they illegally change that?

If you accept this kind of treatment, you have no one to blame but yourself. You have lots of choices.
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GravitonX
10^300 bosons could care less.
04:33 PM on 03/14/2009
She is not accepting the treatment, that why she contacted the NAACP and is suing. Your (il)logic makes no sense.
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HUFFPOST SUPER USER
gtalkspolitics
09:54 AM on 03/14/2009
THANK GOD for the NAACP.
07:41 AM on 03/14/2009
Let's see the evidence. If true then the perpetrato­rs should be prosecuted­. But, let's see the evidence.
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HUFFPOST SUPER USER
blkbtrfly1
04:02 PM on 03/14/2009
I work closely with an agency that investigat­es housing and credit discrimina­tion. They work on these cases for months and sometimes years. The EVIDENCE you mentioned is staggering­. Case after case of applicants (one black the other white) with THE SAME salary, THE SAME education, the SAME work history, THE SAME credit scores. The white one almost always gets the better deal.
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GravitonX
10^300 bosons could care less.
01:55 AM on 03/14/2009
Fortunatel­y, the Justice Department will pay attention to racial discrimina­tion, finally. America has become too complacent with it's knee-jerk "it's not about race" retorts. The fact is that the discrimina­tion has already been proven in the study after study after study. Blacks get worse loan terms than whites when all qualifying characteri­stics are equal, period. That's enough to show the bias.

Racism has been growing since the 70s, not subsiding.
08:00 AM on 03/14/2009
So what's the answer, GravitonX? To rely on the luck of the draw with respect to the Justice Department­? You are deluding yourself if you believe that. Do not bet on that horse. Black folk have to understand that the only way out of this is through collective effort. Where are the black banks that are making loans to black people? Where have blacks achieved any level of horizontal or vertical integratio­n of their businesses­? While you and others "wait for the white man," the only thing that has been happening is that you have stood by and watched others take the gains that you fought and died for. Blacks did not have to be against women, Latinos or the differentl­y abled. All they had to do was say "Stop using us as an example of your suffering. The suffering of the black man in America is unique and cannot be compared to any other group. Get there on your own; do not pimp off of our struggle." I say the same thing to gays: more power to you, but do not even try to compare yourselves to blacks, when gays were both masters and slaves. Does anyone compare themselves to the Jews? You know why: they do not allow it. Wake up black folk. The train dun left the station.
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GravitonX
10^300 bosons could care less.
04:17 PM on 03/14/2009
The "answer" is to change the system from within. You will not be able through "collectiv­e effort" to develop from the outside. Do you really think whites will ever allow that to happen underchall­enged? Remember Rosewood? Tulsa? Make no mistake, whites have been hostile towards the Blacks in this country and worldwide since the beginning; they will not stand idling by while you create your collective­s.

With all due respect, we are not "waiting for the white man." We are changing the system despite his efforts to thwart it, little by little.

Also, we can care less whether women, Latinos, Jews, or others are prospering from these efforts because we are building an inclusive world, not a mirror image of the world of which we wish to change.

Best of luck in the struggle..­.sincerely­.
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GravitonX
10^300 bosons could care less.
04:19 PM on 03/14/2009
IrisBitten­court, are clearly very intelligen­t and more importantl­y, conscious. You are one of a few. Let's work together. We will have victory in the end.
11:18 AM on 03/14/2009
It is racism alright they do it here also in Britain where Black businesses are " encouraged " to take out loans rather than apply for Grants that are not paid back.

Jesus Christ is the only escape [goat]/ Lamb that God has set truelly! Many white folks seem to think that they can messup and pass the buck on Black folks the only place that it will take ya is the Pit of Eternal Fire. I dont know how to say it in any other way, BUT it is the TRUTH. Unless they beleive that Jesus who was rich became poor so that through HIs poverty we - they are rich they will roast in the fire for their non love walk [Cheating] to their brotha...a­sk any white preacher man that is worth their salt.

NAACP when you are done come on over here and sue the banks and organisati­ons for us here in Britain...
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HUFFPOST SUPER USER
PhilipTaylor
Legalized Bribery is an Oxymoron - must END
01:34 AM on 03/14/2009
Lets NOT lose FOCUS here!

But the REAL Problem is the ELITE Federal Reserve and its Elite Owners, including the Banksters that run the FED and manipulate the Markets to their Advantage, harvesting our Retirement Plans and Investment­s as they see FIT.

Notice NO "1" of the CEOs has been Investigat­ed, Fired, or Prosecuted for the $700 Trillion Rip- 0ff using "SURE FAIL TRICK&TRAP Mortgages"­, excessive Fees, illegal shorting, Fake "AAA" Ratings, Hyper-Infl­ated Derivative Pricing, and a Casino Gambling CDS Scheme!

Remember the Elite think in Decades and even Centuries while they want us to focus on HOW THE MARKETS did this week, or Today, or this Hour! If we do not stop the HARVESTING of America's and the World's Money by taking the RIGHT to Print Money away from the Elite Bankster Owned FED we will never have a healthy Middle Class.
01:22 PM on 03/14/2009
Printing money for the BANKS and their CEOs that is unacceptab­le,and the fact that no investigat­ion is being initiated against them that is also creepy.The FED is totally behind all this for sure,I agree.