Deutsche Bank

A Refiled Complaint Against Deutsche Bank National Trust Co., Ocwen and Altisource Solutions Inc. Can Proceed Says Illinois Judge

Deutsche Bank, OCWEN, and Altisource in Court Again for Discrimination and Predatory Lending

LIT UPDATE

Case proceeding as at Dec. 22,2020. Jan-March 2021 depositions are being taken.

United States District Court
Northern District of Illinois – CM/ECF LIVE, Ver 6.3.3 (Chicago)
CIVIL DOCKET FOR CASE #: 1:18-cv-00839

National Fair Housing Alliance et al v. Deutsche Bank National Trust et al
Assigned to: Honorable Harry D. Leinenweber
Demand: $9,999,000
Cause: 42:405 Fair Housing Act
Date Filed: 02/01/2018
Jury Demand: Both
Nature of Suit: 443 Civil Rights: Accommodations
Jurisdiction: Federal Question

 

Date Filed # Docket Text
12/22/2020 144 MINUTE entry before the Honorable Harry D. Leinenweber:The Court adopts and enters the deposition schedule and document production deadlines agreed upon by the parties in their joint proposed deposition schedule and related document agreement [142-1]. Mailed notice(maf) (Entered: 12/22/2020)
12/22/2020 143 MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference and ruling on motion hearing held. Plaintiffs’ motion to compel 138 is withdrawn. Telephone Conference set for 2/11/21 at 9:45 a.m Dial in information is as follows: Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. Mailed notice(maf) (Entered: 12/22/2020)
12/21/2020 142 Joint Proposed Deposition Schedule and Related Document Agreement by Altisource Solutions, Inc., Ocwen Loan Servicing, LLC (Attachments: # 1 Exhibit A)(Bogo-Ernst, Debra) (Entered: 12/21/2020)
12/17/2020 141 MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference held and continued to 12/22/20 at 10:15 a.m. re: plaintiffs’ motion to compel 138 . Dial in information is as follows: Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. Mailed notice(maf) (Entered: 12/17/2020)
12/14/2020 140 RESPONSE by Altisource Solutions, Inc. in Opposition to MOTION by Plaintiffs Central Ohio Fair Housing Association, Connecticut Fair Housing Center, Denver Metro Fair Housing Center, Fair Housing Advocates of Northern California, Fair Housing Center for Rights & Research, Fair Housing Center of Central Indi 138 Defendants Ocwen Loan Servicing, LLC and Altisource Solutions, Inc.’s Joint Opposition to Plaintiffs’ Second Motion to Compel Scheduling Rule 30(B)(6) Depositions (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Garroway, Nathan) (Entered: 12/14/2020)
12/07/2020 139 MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference set for 12/17/2020 at 9:15 a.m. re: plaintiffs’ motion to compel 138 . Dial in information is as follows: Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. Mailed notice(maf) (Entered: 12/07/2020)
12/04/2020 138 MOTION by Plaintiffs Central Ohio Fair Housing Association, Connecticut Fair Housing Center, Denver Metro Fair Housing Center, Fair Housing Advocates of Northern California, Fair Housing Center for Rights & Research, Fair Housing Center of Central Indiana, Fair Housing Center of West Michigan, Fair Housing Center of the Greater Palm Beaches, Fair Housing Continuum, Fair Housing Opportunities of Northwest Ohio, Greater New Orleans Fair Housing Action Center, HOPE Fair Housing Center, Housing Opportunities Made Equal of Virginia, Housing Opportunities Project for Excellence, Metropolitan Milwaukee Fair Housing Council, National Fair Housing Alliance, North Texas Fair Housing Center, Open Communities, South Suburban Housing Center, The Miami Valley Fair Housing Center to compel Scheduling Rule 30(b)(6) Depositions of Defendants Ocwen and Altisource (Attachments: # 1 Exhibit A-P)(Soule, Jennifer) (Entered: 12/04/2020)
11/20/2020 137 MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference set for 12/8/20 is vacated. Mailed notice(maf) (Entered: 11/20/2020)
11/10/2020 136 ORDER: Telephonic status and ruling on motion hearing held. Pro hac vice motion is granted 135 . For the reasons stated on the record, the Court grants Plaintiffs’ motion to compel 132 in part as follows: The parties shall meet and confer to set January 2021 dates for Plaintiffs’ 30(b)(6) depositions and any corresponding dates for document productions on specific 30(b)(6) topics. The parties shall submit their proposed schedule to the Court on or before 12/11/20. Signed by the Honorable Harry D. Leinenweber on 11/10/2020. Mailed notice. (bg, ) (Entered: 11/10/2020)
11/10/2020 135 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17631238. (Rademacher, Kurt) (Entered: 11/10/2020)
11/09/2020 134 RESPONSE by Defendants Altisource Solutions, Inc., Ocwen Loan Servicing, LLC to motion to compel,,, 132 Joint Response to Plaintiffs’ Motion to Compel (Attachments: # 1 Exhibit 1)(Shin, Shannon) (Entered: 11/09/2020)
11/04/2020 133 MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference set for 11/10/20 at 10:15 a.m. re: Plaintiffs’ motion to compel 132 . Dial in information will be provided. Mailed notice(maf) (Entered: 11/04/2020)
11/03/2020 132 MOTION by Plaintiffs Central Ohio Fair Housing Association, Connecticut Fair Housing Center, Denver Metro Fair Housing Center, Fair Housing Advocates of Northern California, Fair Housing Center for Rights & Research, Fair Housing Center of Central Indiana, Fair Housing Center of West Michigan, Fair Housing Center of the Greater Palm Beaches, Fair Housing Continuum, Fair Housing Opportunities of Northwest Ohio, Greater New Orleans Fair Housing Action Center, HOPE Fair Housing Center, Housing Opportunities Made Equal of Virginia, Housing Opportunities Project for Excellence, Metropolitan Milwaukee Fair Housing Council, National Fair Housing Alliance, North Texas Fair Housing Center, Open Communities, South Suburban Housing Center, The Miami Valley Fair Housing Center to compel OCWEN AND ALTISOURCE TO SCHEDULE AND COMMENCE RULE 30(b)(6) DEPOSITIONS REGARDING DEFENDANTS’ POLICIES AND PROCEDURES (Attachments: # 1 Exhibit A-K)(Soule, Jennifer) (Entered: 11/03/2020)
10/08/2020 131 ATTORNEY Appearance for Plaintiffs Central Ohio Fair Housing Association, Connecticut Fair Housing Center, Denver Metro Fair Housing Center, Fair Housing Advocates of Northern California, Fair Housing Center for Rights & Research, Fair Housing Center of Central Indiana, Fair Housing Center of West Michigan, Fair Housing Center of the Greater Palm Beaches, Fair Housing Continuum, Fair Housing Opportunities of Northwest Ohio, Greater New Orleans Fair Housing Action Center, HOPE Fair Housing Center, Housing Opportunities Made Equal of Virginia, Housing Opportunities Project for Excellence, Metropolitan Milwaukee Fair Housing Council, National Fair Housing Alliance, North Texas Fair Housing Center, Open Communities, South Suburban Housing Center, The Miami Valley Fair Housing Center by Steven Paul Schneck (Schneck, Steven) (Entered: 10/08/2020)
09/24/2020 130 MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference held and continued to 12/8/20 at 10:00 a.m. Mailed notice(maf) (Entered: 09/24/2020)
09/10/2020 129 MINUTE entry before the Honorable Harry D. Leinenweber: Motion for hearing 128 is granted. Telephone Conference set for 9/24/2020 at 9:15 a.m. Dial in information will be provided. Mailed notice(maf) (Entered: 09/10/2020)
09/08/2020 128 MOTION by Plaintiffs Central Ohio Fair Housing Association, Connecticut Fair Housing Center, Denver Metro Fair Housing Center, Fair Housing Advocates of Northern California, Fair Housing Center for Rights & Research, Fair Housing Center of Central Indiana, Fair Housing Center of West Michigan, Fair Housing Center of the Greater Palm Beaches, Fair Housing Continuum, Fair Housing Opportunities of Northwest Ohio, Greater New Orleans Fair Housing Action Center, HOPE Fair Housing Center, Housing Opportunities Made Equal of Virginia, Housing Opportunities Project for Excellence, Metropolitan Milwaukee Fair Housing Council, National Fair Housing Alliance, North Texas Fair Housing Center, Open Communities, South Suburban Housing Center, The Miami Valley Fair Housing Center for hearing (Soule, Jennifer) (Entered: 09/08/2020)
08/14/2020 127 AGREED CONFIDENTIALITY ORDER by Central Ohio Fair Housing Association, Connecticut Fair Housing Center, Denver Metro Fair Housing Center, Fair Housing Advocates of Northern California, Fair Housing Center for Rights & Research, Fair Housing Center of Central Indiana, Fair Housing Center of West Michigan, Fair Housing Center of the Greater Palm Beaches, Fair Housing Continuum, Fair Housing Opportunities of Northwest Ohio, Greater New Orleans Fair Housing Action Center, HOPE Fair Housing Center, Housing Opportunities Made Equal of Virginia, Housing Opportunities Project for Excellence, Metropolitan Milwaukee Fair Housing Council, National Fair Housing Alliance, North Texas Fair Housing Center, Open Communities, South Suburban Housing Center, The Miami Valley Fair Housing Center (Attachments: # 1 Notice of Filing Notice of Filing)(Soule, Jennifer) (Entered: 08/14/2020)
08/12/2020 126 ORDER: Joint motion for a confidentiality order 125 is granted. Enter order. Signed by the Honorable Harry D. Leinenweber on 8/12/2020: Mailed notice(maf) (Entered: 08/12/2020)
08/11/2020 125 MOTION by Plaintiffs Central Ohio Fair Housing Association, Connecticut Fair Housing Center, Denver Metro Fair Housing Center, Fair Housing Advocates of Northern California, Fair Housing Center for Rights & Research, Fair Housing Center of Central Indiana, Fair Housing Center of West Michigan, Fair Housing Center of the Greater Palm Beaches, Fair Housing Continuum, Fair Housing Opportunities of Northwest Ohio, Greater New Orleans Fair Housing Action Center, HOPE Fair Housing Center, Housing Opportunities Made Equal of Virginia, Housing Opportunities Project for Excellence, Metropolitan Milwaukee Fair Housing Council, National Fair Housing Alliance, North Texas Fair Housing Center, Open Communities, South Suburban Housing Center, The Miami Valley Fair Housing Center for protective order (Joint) (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Soule, Jennifer) (Entered: 08/11/2020)
07/10/2020 124 ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk2, Docket) (Entered: 07/10/2020)
07/08/2020 123 MINUTE entry before the Honorable Harry D. Leinenweber: Motion to withdraw as attorney 122 is granted. Mailed notice(maf) (Entered: 07/08/2020)
07/07/2020 122 MOTION by Attorney Elizabeth A. Frolich to withdraw as attorney for Deutsche Bank National Trust, Deutsche Bank Trust Company Americas. No party information provided (Kliebard, Kenneth) (Entered: 07/07/2020)
07/02/2020 121 ORDER: Pro hac vice motions are granted [ 119 , 120 ]. Signed by the Honorable Harry D. Leinenweber on 7/2/2020. Mailed notice (rp, ) (Entered: 07/02/2020)
07/01/2020 120 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17166860. (Cruz, Victor) (Entered: 07/01/2020)
07/01/2020 119 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17166823. (Monteiro, David) (Entered: 07/01/2020)
05/26/2020 118 ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket3, ) (Entered: 05/26/2020)
05/21/2020 117 MINUTE entry before the Honorable Harry D. Leinenweber: Fact discovery is extended to 5/17/21. Status hearing set for 6/30/20 is vacated. Mailed notice(maf) (Entered: 05/21/2020)
05/18/2020 116 STATUS Report Joint Status Report by Altisource Solutions, Inc. (Shin, Shannon) (Entered: 05/18/2020)
04/24/2020 115 ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket3, ) (Entered: 04/27/2020)
04/01/2020 114 MINUTE entry before the Honorable Harry D. Leinenweber: The Court’s 3/31/20 order is amended to reflect the following: Fact discovery is extended to 4/19/21. Mailed notice(maf) (Entered: 04/01/2020)
03/31/2020 112 MINUTE entry before the Honorable Harry D. Leinenweber: Fact discovery is extended to 4/20/20. Mailed notice(maf) (Entered: 03/31/2020)
03/30/2020 113 ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket13, ) (Entered: 03/31/2020)
03/16/2020 111 ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (pj, ) (Entered: 03/18/2020)
03/11/2020 110 TRANSCRIPT OF PROCEEDINGS held on 2/25/2020 before the Honorable Harry D. Leinenweber. Order Number: 38258. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court’s public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court’s web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 4/1/2020. Redacted Transcript Deadline set for 4/13/2020. Release of Transcript Restriction set for 6/9/2020. (Fennell, Kathleen) (Entered: 03/11/2020)

The Amended Complaint: Financial services companies unsuccessful in blocking fair housing lawsuit

Published; 18th Nov. 2019

A lawsuit alleging financial services companies discriminated against minority neighborhoods in 30 cities across the country, including Gary and Indianapolis, has been allowed to move forward in federal court.

The complaint, filed against Deutsche Bank National Trust companies, Ocwen Loan Servicing LLC and Altisource Solutions Inc., asserts the financial services companies failed to maintain foreclosure homes in black and Latino neighborhoods.

Plaintiffs in the lawsuit are the National Fair Housing Alliance and more than a dozen other fair housing organizations, including Fair Housing Center of Central Indiana.

Based on collected data, the plaintiffs allege the bank-owned homes in communities of color were much more likely to be in disrepair than the homes in predominantly white neighborhoods.

Foreclosed houses in the minority neighborhoods were found, by the plaintiffs, more likely to have overgrown or dead shrubbery, overgrown lawns, broken mailboxes, damaged steps, holes in the homes, and broken windows.

Conversely, foreclosed houses in primarily white working- and middle-class neighborhoods were more likely to have the lawns mowed, weeds and vines removed, leaves rakes, trash removed, and doors and windows secured or repaired.

In an order in National Fair Housing Alliance, et al. v. Deutsche Bank National Trust, as trustee; Deutsche Bank Trust Company Americas, as trustee; Ocwen Loan Servicing, LLC; and Altisource Solutions, Inc., 1:18-cv-00839, issued Nov. 13, the U.S. District Court for the Northern District of Illinois, Eastern Division, denied in part the defendants’ motion to dismiss.

The court found “there is a ‘clear, direct and immediate’ path between Defendants’ alleged discriminatory lack of maintenance and Plaintiffs response to that lack of maintenance through investigations, reporting, and advocacy.”

The plaintiffs originally filed the lawsuit in February 2018. After the defendants successfully moved to have the case dismissed, the plaintiffs filed again in May 2019.

In the second amended complaint, the plaintiffs again allege the financial services companies’ maintenance on the exteriors of the foreclosed properties constitutes unlawful racial discrimination, in the form of both disparate impact and discriminatory treatment, under the Fair Housing Act.

Following the court order, plaintiffs hailed the outcome.

“This is an important victory for the residents of Black and Latino neighborhoods in cities across the country,” Lisa Rice, president and CEO of the National Fair Housing Alliance, said in a statement.

“The investigation we conducted clearly shows that Deutsche Bank Trust companies and other financial giants have policies that result in disparate outcomes based on the racial composition of the neighborhood.

It also demonstrates a pattern of intentional discrimination because of the willful neglect of bank-owned houses in communities of color.”

This First Complaint: Fair Housing suit alleges racial discrimination after foreclosures

Published; 2nd Feb. 2018

A national coalition of fair housing advocates has filed a complaint in federal court alleging intentional and discriminatory violations of the Fair Housing Act of 1968 against minority communities across the country, including communities in Indiana.

The National Fair Housing Alliance – joined by similar local organizations, including Fair Housing of Central Indiana – filed suit Thursday in the U.S. District Court for the Northern District of Illinois, alleging Deutsche Bank, Ocwen Financial Corp. and Altisource Portfolio Solutions, Inc. have repeatedly and intentionally failed to oversee the maintenance and proper marketing of real estate owned homes in black and Latino communities, leading to health and safety concerns and falling property values. Deutsche Bank and its related defendants became the owners of record of thousands of REOs after the foreclosure crisis, while Ocwen and Altisource provide property preservation and management services to Deutsche Bank.

The NFHA’s complaint stems from an internal investigation that began in 2011 and sent the organization across the country to observe the bank’s REOs in predominantly white and black and/or Latino communities. The results of the initial investigation and subsequent follow-ups revealed disparities between the treatment of homes in white and non-white communities, with white communities regularly maintained more frequently than non-white communities, the complaint alleges.

The association visited 1,141 properties across the United States to observe two central issues: property maintenance and sales marketing, both of which are the responsibility of Deutsche Bank, the complaint says. Maintenance concerns included broken locks, unkempt yards, mail pile-up and similar issues, while marketing problems included a lack of for-sale signs, or the presence of warning signs on a property.

On a national level, 90.9 percent of Deutsche Bank REOs in non-white communities had at least five maintenance or marketing deficiencies, while 57.2 percent of white communities were found to have the same amount, according to the NFHA’s research. The same percentages were found among the 18 Indianapolis properties investigated, while 100 percent of non-white, Deutsche-owned REOs in Gary had at least five deficiencies. About 46.2 percent REOs in white Gary communities had the same number.

“The intentional neglect of bank-owned homes in communities of color devalues the property and the lives of the families living in the neighborhoods around them,” NFHA president and CEO Shanna L. Smith said in a statement. “The health and safety hazards created by these blighted Deutsche Bank-owned homes affect the residents, especially the children, living nearby.”

The 84-page complaint – intentionally filed on Feb. 1, the first day of Black History month – alleges five violations of the Fair Housing Act stemming from intentional discrimination based on race and national origin, and the perpetuation of segregation. The fair housing advocates demanded a jury trial and sought declaratory and injunctive relief, as well as damages, punitive damages, costs and attorney’s fees.

“It is important to note that Deutsche Bank, Ocwen and Altisource were all paid to secure, maintain and market these homes,” Smith said. “No one is asking for special treatment; we simply ask that these companies provide the same standard of care for all bank-owned homes, regardless of the racial or ethnic composition of the neighborhood in which they are located.”

Amy Nelson, executive director of Fair Housing Center of Central Indiana, noted local fair housing advocates have raised this issue with Deutsche Bank multiple times over the years, including a sit-down between NFHA and the bank. However, those efforts did not inspire the bank to change its practices, she said.

“It remains disappointing that despite Deutsche Bank being on notice of this issue for several years, we continue to see their failure to adequately market their foreclosures in Indianapolis majority neighborhoods of color,” Nelson wrote in an email to the Indiana Lawyer. “These middle and working class neighborhoods of color will continue to struggle and leg behind any recovery as longa s Deutsche, and others like them, fail to properly maintain the homes they own.”

Representatives from Deutsche Bank did not immediately respond to messages seeking comment.

The case is National Fair Housing Alliance, et al. v. Deutsche Bank, et al., 18 CV 839.

The Big Question is Asked of The Court of Appeals for the Eleventh Circuit

The scope of judicial immunity in the Eleventh Circuit is now made clear. Judicial immunity is complete, unqualified, and without exception.

Do You Get a Free Home If You Make One Payment Per Annum to Your Mortgage Lender?

She – Cheryl Pittman – would eventually default, failing to make at least one mortgage payment every year from 2009 to 2019 writes 5th Cir.

Fifth Circuit Return to Post 2008 Financial Crisis Writings Again in this Foreclosure Case

Remember, not a single loss at all in 13 plus years in Banks v. Homeowners. Quite remarkable considering the billions of fines for predatory lending. These fines are still being levied against banks and nonbanks.

A Refiled Complaint Against Deutsche Bank National Trust Co., Ocwen and Altisource Solutions Inc. Can Proceed Says Illinois Judge
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

Donate to LawsInTexas. Make a Difference.

Subscribe to Our Newsletter

We keep your data private and share your data only with third parties that make this service possible. See our Privacy Policy for more information.

© 2020-21 LawInTexas com is an online trading name which is wholly owned by Blogger Inc., a nonprofit 501(c)(3) registered in Delaware. | All Rights Reserved.

To Top