ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

U.S. Supreme Court declines to review reverse-redlining lawsuit

February 2, 2026
Reading Time: 3 mins read
Seventh Circuit revives CFPB’s lender redlining lawsuit

Reverse redlining
Emigrant Mortgage Company Inc. v. Saint-John
Date: Jan. 12, 2026

Issue: Whether the Second Circuit erred by (1) applying a fairness-based equitable-tolling standard that does not require diligence, (2) permitting disparate-impact liability based on an “adverse or disproportionate” effect rather than comparative disproportionality, and (3) treating Inclusive Communities’ “robust causality” requirement as nonbinding, creating circuit splits warranting review.

Case Summary: The U.S. Supreme Court declined to review a Second Circuit decision affirming a New York federal court judgment that awarded compensatory damages to four homeowners after determining Emigrant Mortgage Company Inc. engaged in “reverse redlining.”

Reverse redlining is “‘the practice of extending credit on unfair terms’ because of the plaintiff’s race and geographic area.” In April 2011, two married couples, Jean Robert and Edith Saint-Jean, and Felex and Yanick Saintil (Plaintiffs) sued Emigrant, alleging it violated the Fair Housing Act, the Equal Credit Opportunity Act, and the New York City Human Rights Law by engaging in racially discriminatory mortgage lending.

According to Plaintiffs, Emigrant steered Black homeowners with high equity but low credit into its STAR NINA loans, which required no income verification, concealed an 18% default interest rate, and made default and foreclosure likely. Plaintiffs also contended that Emigrant disproportionately marketed these loans in Black and Latino communities and profited when borrowers lost their homes, prompting plaintiffs to bring suit after discovering the program’s discriminatory targeting.

Emigrant moved to dismiss and later sought summary judgment, arguing the claims were time-barred. But the Eastern District of New York held that the discovery rule and equitable tolling applied because Plaintiffs could not reasonably have discovered the alleged discrimination earlier. The court explained that equitable tolling suspends the statute of limitations when a defendant’s conduct conceals wrongdoing and delays discovery.

After a 2016 trial, a jury found Emigrant liable and awarded compensatory damages, though it initially enforced a loan-modification release against the Saintils. The court later ruled the release unenforceable and ordered a new trial limited to damages. After a second trial in 2019, the court entered final judgment in November 2022, awarding the Plaintiffs compensatory damages.

On appeal, a divided Second Circuit panel affirmed and rejected Emigrant’s arguments that Plaintiffs’ claims were untimely, jury instructions misstated the law on disparate impact and intentional discrimination, and the district court improperly set aside the jury’s verdict against the Saintils based on a loan modification release. First, the panel explained that the Fair Housing Act encompasses reverse redlining and that disparate-impact liability may arise when a lender’s practices produce an adverse or disproportionate effect on protected groups, or when a lender intentionally targets borrowers based on race. Applying that framework, the panel concluded the jury instructions accurately stated governing law and that the evidence supported the verdict. Further, the panel rejected Emigrant’s argument that the instructions failed to satisfy the robust causality requirement, explaining that Plaintiffs did show that Emigrant’s lending practices caused the racial disparity.

Turning to timeliness, the panel upheld the equitable tolling and discovery rule. The panel reasoned Plaintiffs could not reasonably discover the alleged systemic discrimination at loan closing, default, or early foreclosure because they lacked access to information showing their individual experiences reflected a broader discriminatory pattern. The panel also rejected Emigrant’s remaining challenges, finding no reversible error in the jury instructions, and agreeing that the Saintils’ broad release of claims was unenforceable because it conflicted with strong federal and state public policies against waiving legal claims in residential mortgage transactions. Emigrant petitioned the U.S. Supreme Court for review.

In its petition, Emigrant argued that the U.S. Supreme Court should resolve circuit splits on the equitable tolling for discrimination claims, the appropriate legal test for disparate impact claims, and the appropriate causation standard for FHA disparate impact claims. However, the Court declined to review without providing further commentary.

Bottom Line: By declining review, the Court left in place rulings upholding equitable tolling, disparate-impact liability based on adverse or disproportionate effects, and satisfaction of the FHA’s robust causality requirement.

Document:
Petition
Second Circuit Opinion

 

Tags: Banking Docket
ShareTweetPin

Related Posts

ABA files amicus brief urging enforcement of notice-and-continued-use amendments

ABA files amicus brief urging enforcement of notice-and-continued-use amendments

Uncategorized
September 30, 2026

ABA and the Mississippi Bankers Association filed a coalition amicus brief urging the Supreme Court of Mississippi to affirm a Mississippi trial court’s order compelling arbitration and hold that banks may amend deposit agreements, including arbitration clauses, through...

Humboldt Merchant Services agrees to pay $12 million to resolve FTC Act allegations

Humboldt Merchant Services agrees to pay $12 million to resolve FTC Act allegations

Uncategorized
September 30, 2026

Humboldt Merchant Services agreed to pay $12 million to resolve allegations that it violated the FTC Act by opening and maintaining payment processing accounts for merchants that were shell companies or engaged in fraud.

Central District of California denies CashCall’s motion to vacate restitution judgment

Central District of California denies CashCall’s motion to vacate restitution judgment

Uncategorized
September 30, 2026

A California federal court denied CashCall’s motion for relief from a post-remand judgment requiring the company to pay more than $134 million in restitution.

U.S. Supreme Court rules CFPB’s funding structure is constitutional

Oregon federal court rules CFPB funding refusal violated APA

Uncategorized
September 30, 2026

An Oregon federal court ruled that CFPB Director Russell Vought violated the Administrative Procedure Act by refusing to request funding for the bureau from the Federal Reserve.

Eleventh Circuit upholds $800,000 award in Banco de Venezuela lawsuit

Eleventh Circuit upholds $800,000 award in Banco de Venezuela lawsuit

Uncategorized
September 30, 2026

In a unanimous decision, an Eleventh Circuit panel affirmed an $800,000 jury verdict ruling that two former Eastern National Bank directors breached their fiduciary duties by advancing the Venezuelan government’s interests and contributing to the bank’s financial losses.

Fifth Circuit vacates distribution order in CETA Ponzi scheme

Fifth Circuit vacates distribution order in CETA Ponzi scheme

Uncategorized
September 30, 2026

In a unanimous decision, a Fifth Circuit panel vacated a Texas federal court decision that overruled UniBank’s objections to a receivership distribution plan without holding an evidentiary hearing.

NEWSBYTES

OFAC issues sanctions tied to ATM jackpotting crimes

September 30, 2026

FCC votes to revise ‘revoke all’ rule and ‘provided number’ condition

September 30, 2026

Fannie Mae, Freddie Mac announce ABA-backed UAD 3.6 policy exceptions

September 30, 2026

SPONSORED CONTENT

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

September 17, 2026
Banking Technology at a Strategic Crossroads

Banking Technology at a Strategic Crossroads

September 8, 2026
Taming AI Agent Sprawl: A Playbook for Consumer Lending

Taming AI Agent Sprawl: A Playbook for Consumer Lending

September 1, 2026
Grow Public Deposits Without the Operational Burden End Fragment

Grow Public Deposits Without the Operational Burden End Fragment

September 1, 2026

PODCASTS

Podcast: Creating seamless customer experiences

September 30, 2026

Podcast: Telling a different kind of story about community banks

September 28, 2026

Podcast: Making the jump from a high performer to a high-performing leader

September 16, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.