ECOA Violation – Discrimination

By: Derek Hawkins//November 5, 2018//

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7^th Circuit Court of Appeals

Case Name: Mario L. Sims, et al. v. New Penn Financial LLC

Case No.: 18-1710

Officials: BAUER, KANNE, and SCUDDER, Circuit Judges

Focus: ECOA Violation – Discrimination

Mario and Tiffiny Sims, an African‐American couple, purchased a house in South Bend, Indiana, that they later discovered was subject to a mortgage that the seller had stopped paying. Ever since, they have tried to assume that loan to avoid a foreclosure sale. They sued the loan servicer, Shellpoint, under the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691–91f, alleging that Shellpoint discriminated against them based on race when it prohibited them from assuming the loan. The district judge concluded that the Simses did not produce enough evidence of discriminatory intent and entered summary judgment for Shellpoint. Because the Simses’ evidence of racial discrimination is too speculative to establish a dispute of material fact, we affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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