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Civil Rights Group Teams With Wells Fargo Despite Charges of Predatory Lending

By Alain Sherter | Oct 28, 2009

The National Urban League, founded nearly a century ago, is one of the country’s most respected civil rights organizations. Which is why its choice of participants at the group’s annual “equal opportunity day” awards banquet next month in New York is puzzling in the extreme.

The organizer of, and a speaker at, the dinner is Wells Fargo CEO John Stumpf. Wells, you may recall, faces lawsuits from the state of Illinois and the city of Baltimore for allegedly discriminating against African-Americans and Latinos in their lending practices. The NAACP also has filed suit against the company, along with HSBC, charging Wells with “systematic, institutionalized racism in subprime home mortgage lending.”

Specifically, Wells is accused of steering minorities into pricier subprime mortgages. A 2008 investigation by the Chicago Reporter found that Wells Fargo in 2005 issued African-American borrowers higher-cost mortgages 37 percent of the time, compared with about 5 percent for white borrowers. Among its other findings was that black homeowners earning more than $100,000 a year were more likely to get high-cost loans than white homeowners earning less than $35,000.

“As a result of its discriminatory and illegal mortgage lending practices, Wells Fargo transformed our cities’ predominantly African-American and Latino neighborhoods into ground zero for subprime lending,” said Illinois Attorney General Lisa Madigan in a statement in filing suit against Wells in July. “The dreams of many hardworking families have ended in foreclosure due to Wells Fargo’s illegal and unfair conduct.”

In Mayland, Baltimore officials sued Wells in U.S. district court in 2008, accusing it of targeting “minority communities for bad loans with discriminatory and unfair terms.” Mayor Sheila Dixon said at the time that the company’s lending practices drove up the rate of foreclosures in economically fragile neighborhoods and cost the city millions of dollars in lost tax revenue.

Elizabeth Jacobson, until 2007 the top subprime loan officer at Wells, said in an affidavit filed in the Baltimore case that Wells targeted African-Americans with “wealth building” seminars:

At some point in 2005. . . I remember preparing to participate in a wealth building seminar that was to be held in Greenbelt, Md. It was understood that the audience would be virtually all black. The point of the seminar was to get people to buy houses using Wells Fargo loans. At the seminar, the plan was to talk to attendees about “alternative lending.” This was code language for subprime lending, but we were not supposed to use the word “subprime.” I was supposed to be a speaker at this seminar, but was told by the Emerging Markets manager I was “too white” to appear before the audience. . . .

I complained many times about what I though were unethical or possibly predatory loan practices Wells Fargo was engaged in. Managers never took any action to respond to my concerns.

Interestingly, Wells and the Urban League co-sponsor a guide on foreclosure prevention. Copies of the workbook are distributed at Wells-run “home preservation” workshops held across the country and at the group’s affiliate offices. In a statement earlier this year touting the partnership, Urban League CEO Marc Morial said the “workbook complements the National Urban League’s outreach efforts to homeowners in distress to help them stay in their homes.”

Senior Urban League official Stephanie Jones in June appeared before the House subcommittee on financial institutions and consumer credit to testify on how to improve consumer literacy. Said Jones at the hearing:

The fundamental problem at the heart of today’s crisis is that loan originators pushed borrowers into loan products that were inherently risky and unsustainable by design, and they did so notwithstanding the availability of the more suitable and affordable loans for which they qualified. . . . Financial literacy is at the core of the Urban League’s mission to empower African Americans to attain economic self-sufficiency.

Wells denies that its lending policies are discriminatory. The company in September filed a second motion to dismiss the case after the judge overseeing the proceedings unexpectedly recused himself. The case is now in discovery under U.S. District Judge Frederick Motz.

In this country, thankfully, everyone is presumed innocent until proven guilty. But the seriousness of the allegations raises questions about why the Urban League would join forces with a company charged with discriminating against the group’s very constituents.

The charges against Wells certainly conflict with the stated purpose of the awards dinner, where former U.S. Secretary of State Colin Powell will be honored. According to the Urban League, the event is to recognize “individuals and corporations who perpetuate the principle of equal opportunity and exhibit leadership qualities that result in notable contributions to the cause of equal rights.”

Amber Jaynes, vice president of marketing and communications for the Urban League, told me she was unaware of the predatory lending charges leveled against Wells. She also was unsure of how Wells had come to be involved in the equal opportunity dinner.

I’ve requested clarification from the group, but at press time no one else was available to comment.

In response to my questions about Wells’s relationship with the Urban League, a company spokeswoman emailed a statement defending its lending practices.

Wells Fargo has a longstanding commitment to communities where we do business across the country. We participate in and contribute to many worthwhile organizations, including the National Urban League. We fundamentally believe it’s important to be an active participant in the local community.

Update (7:13 pm): The Urban League got back to me with the following statement.

The National Urban League’s partnership with Wells Fargo is focused on expanding housing counseling services and providing solutions to the foreclosure crisis our country is facing. In communities across the country, we help tens of thousands of homeowners forestall mortgage default, delinquency and foreclosure while educating them in mortgage refinance and loan modifications strategies. Wells Fargo’s partnership with the National Urban League is focused on the work in these areas in 2010 and beyond.

Alain Sherter is an award-winning business journalist who has written for The Deal and Thomson Financial Media.

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  •  
    1

    MadamePJBailey

    10/28/09 | Report as spam

    RE: Civil Rights Group Teams With Wells Fargo Despite Charges of Predatory Lending

    WELLS FARGO'S PROBLEMS ARE FAR FROM OVER !

    Visit -- HurtingHomeOwners com

  •  
    2

    seanodread

    10/29/09 | Report as spam

    RE: Civil Rights Group Teams With Wells Fargo Despite Charges of Predatory Lending

    I continue to be surprised and disappointed by the very biased reporting on the Financial Services industry. Even when a bank joins with an organization to support the community, it is criticized.
    The partnership between Wells Fargo and the National Urban League is crucial to restoring stability to the housing market and keeping home owner opportunities within reasonable reach for everyone.
    Wells Fargo and other institutions are accused of predatory lending practices, but if they were to adhere to strict lending criteria, there would be accusations of red-lining.
    Similarly, in the Illinois situation, open lines of credit were lowered to reflect declining collatoral values and instability in the job market. If these lines had not been lowered, the bank likely would have been accused of encouraging borrowers to spend recklessly beyong their means.
    Let's add some points to the article about the pending legal actions. In the City of Baltimore, Wells Fargo's foreclosure rates are below the city's overall rate.
    Oh, let's also add that Wells Fargo has successfully completed loan modifications that have afforded over 60,000 families the opportunity to remain in their homes.
    There are certainly other facts that could have brought more balance to the article.

  •  
    3

    seanodread

    10/29/09 | Report as spam

    RE: Civil Rights Group Teams With Wells Fargo Despite Charges of Predatory Lending

    Let me just add in the interest of full disclosure, I am a Financial Services industry employee (and very proud of it).

  •  
    4

    Tmnj10

    10/29/09 | Report as spam

    RE: Civil Rights Group Teams With Wells Fargo Despite Charges of Predatory Lending

    It's crazy the mess that has been created by unfair lending practices. It seems that everyone is to blame at this point and many still need help with these predatory and fraudulent loans.... if you find that you need help with a predatory loan look at this link for information about how you can get the help that you deserve....
    US Loan Auditors Website

  •  
    5

    Alain Sherter

    10/29/09 | Report as spam

    RE: Civil Rights Group Teams With Wells Fargo Despite Charges of Predatory Lending

    Seanodread--I reject the premise that Wells is joining forces with the Urban League ?to support the community."

    Wells isn?t being criticized--it?s being sued. The company says it is innocent, as I noted in the piece, and that will be determined in court. But it?s highly unusual for a city to file suit against a bank on these grounds. Also, there?s compelling evidence that Wells does in fact discriminate against minorities. Several of its own ex-employees have provided sworn legal testimony that Wells routinely made lending decisions based on race (I?m happy to send you the affidavits if you care to read them.)

    Meanwhile, as you correctly suggest, most banks adhere to mandated lending criteria without either redlining or engaging in predatory lending. It's the relative infrequency of these kinds of suits, in fact, that raise questions about Wells's conduct.

    The attorney general of Illinois disagrees with your assessment of Wells?s conduct in the state. The issue has little to do with lines of credit. It centers on whether the company deliberately put people who qualified for cheaper loans into more expensive ones and, if so, whether race played any role in that practice. The fact that housing stock was losing or gaining value is immaterial.

    I?d be curious to see your source of information for the claim that Wells Fargo?s foreclosure rate in Baltimore is lower than the city?s as a whole. Again, however, the question is whether Wells altered its lending practices based on race. For that, you have to look at foreclosure and census patterns based on the city?s demographic composition. And the data I saw showed that between 2005-08, 379 properties in Baltimore were subject to a foreclosure filing. Roughly 54% of those were in neighborhoods that are more than 80% African-American. Wells loans in neighborhoods that are at least 60% African-American were more than three times as likely to go into foreclosure as loans in predominantly white neighborhoods.

    As you suggest, some of this likely reflects differences in borrowers? wealth and variations in neighborhood economic conditions. But probably not all--it may also reflect the kind of loan Wells was issuing, and why.

    I have nothing against the banking industry. In my experience, most bank employees are honest and hard-working. As far as I'm concerned, the central issue is whether systemic problems within the industry, such as lax underwriting standards or pay incentives, undermine those qualities and create conditions that cause banks to make mistakes, or in some case break the law.

  •  
    6

    seanodread

    10/30/09 | Report as spam

    RE: Civil Rights Group Teams With Wells Fargo Despite Charges of Predatory Lending

    Alain- Please let me be clear that my criticism of media coverage surrounding Financial Services was not directed specifically at you or this article. I pride myself on being known as one of the honest and hard working bank employees you refer to in your response. Because I take such pride in my work, I bristle everytime I see my chosen profession cast in a negative light and yes, I sometimes react emotionally and subjectively.
    Are there undesirable behaviors out there? Absolutely. Is the desire to do the right thing, the right way sometimes clouded by the push to enhance shareholder value and increase personal incentive? It would be naive to say no.
    From personal experience, these behaviors are not widespread, but the damamge inflicted by a small percentage is intolerable.
    Does that mean more legislation needs to be created to oversee the banking and financial services industry? No, but the regulations that exist need to be strongly and consistently enforced.
    We urgently need to get to a place where housing is a realistic dream for all Americans, too. But we also must get past the delusion that all Americans have a right to own a home. The right to own a home is earned and that is a dream my family realized after 14 years of marriage. We must get back to a common sense approach to home ownership and that means no more 100% (or more) financing. The gap can be closed be public/private partnerships between government, non-profits, banks and the real estate industry.
    And speaking of the real estate industry, let's talk about how home values became unrealistically inflated by the desire to grab a quick profit by churning properties. This certainly is a contributing cause to the current housing crisis.

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