Open Class Action Settlements

Real Estate

Draper & Kramer Mortgage Corporation

Draper & Kramer Mortgage Corporation

On January 17, 2025, the Consumer Financial Protection Bureau filed a complaint against Draper & Kramer Mortgage Corporation, along with a proposed consent order. The Bureau’s complaint alleged violations of the Equal Credit Opportunity Act (ECOA); ECOA’s implementing regulation; and the Consumer Financial Protection Act of 2010 (CFPA).

$1.5 million Total fund

No Proof Required

Real Estate

New Day Financial, LLC

New Day Financial, LLC

On August 29, 2024, the Bureau issued an order against New Day Financial, LLC (NewDay USA), a nonbank direct mortgage lender headquartered in West Palm Beach, Florida, specializing in offering mortgage loans guaranteed by the United States Department of Veterans Affairs. Since at least 2015, NewDay USA has provided cash-out refinance loans to consumers, including veterans and active-duty members, many of whom had lower than average credit scores and carry consumer debt. Certain states in which NewDay USA offered its cash-out refinances required lenders to complete a borrower “net benefit” analysis worksheet showing the financial benefit of a refinance to a borrower. The Bureau found that NewDay USA engaged in deceptive acts and practices in violation of the Consumer Financial Protection Act of 2010 by consistently misstating in the net benefit worksheets provided to borrowers in North Carolina and Maine up through 2020, and Minnesota up through 2018, how borrowers’ “previous” monthly mortgage payment would compare to the “new” monthly mortgage payment after refinancing with NewDay USA. The order requires NewDay USA to come into compliance and pay a $2.25 million civil money penalty.

$2.25 million Total fund

No Proof Required

Real Estate

Progressive Leasing Refunds

Progressive Leasing

FTC sends second payment to people overcharged by Progressive Leasing

No Proof Required

Real Estate

Fairway Independent Mortgage Corporation

Fairway Independent Mortgage Corporation

On October 15, 2024, the Bureau, together with the United States Department of Justice (DOJ), filed a complaint and proposed consent order to resolve their allegations against Fairway Independent Mortgage Corporation (Fairway). Fairway is incorporated in Texas and headquartered in Madison, Wisconsin. Fairway acquired mortgage company, MortgageBanc, in 2009, and since 2009, Fairway has operated in the Birmingham-Hoover, AL Metropolitan Statistical Area (Birmingham MSA) under the trade name MortgageBanc. The Bureau’s and DOJ’s joint complaint alleged that Fairway engaged in unlawful discrimination against applicants and prospective applicants, including by redlining majority-Black and high-Black areas in the Birmingham MSA and engaging in acts and practices directed at applicants and prospective applicants that would discourage a reasonable person from making or pursuing an application for credit on the basis of race or color in violation of the Equal Credit Opportunity Act, Regulation B, and the Consumer Financial Protection Act of 2010. DOJ also alleged that Fairway’s conduct violated the Fair Housing Act. On December 3, 2024, the court entered the consent order which requires Fairway to invest $7 million in a loan subsidy program under which Fairway must offer home purchase, refinance, and home improvement loans on a more affordable basis than otherwise available for certain residential properties located in majority-Black neighborhoods in the Birmingham MSA. Fairway must also open or acquire a new loan production office or full-service retail office in a majority-Black neighborhood in the Birmingham MSA. Fairway must also spend at least $500,000 on advertising and outreach, at least $250,000 on consumer education, at least $250,000 on partnerships with one or more community-based or governmental organizations, and take other remedial steps, to serve the credit needs of majority-Black neighborhoods in the Birmingham MSA. Fairway must also pay a civil money penalty

No Proof Required