Green v. Allied First Bank sb
3:24-cv-00001
S.D. Miss.Mar 11, 2025Background
- Plaintiff Lakeisha C. Green bought and refinanced a home in Jackson, MS with only her name on the loan note, but both her and her ex-husband on the deed.
- Following divorce in 2021, Green was awarded the home and mortgage, with a lien to her ex-husband.
- Green received the maximum 12 months of COVID-19 forbearance. When her loan was transferred to Servbank in April 2023, she sought additional forbearance but was denied due to program limits.
- Servbank repeatedly offered Green various FHA loss mitigation and non-retention options, including a Partial Recovery Claim; Green did not accept or appeal these offers.
- Green filed suit pro se, alleging discrimination under the Fair Housing Act (FHA) and Equal Credit Opportunity Act (ECOA) after Servbank initiated foreclosure.
- Servbank moved for summary judgment, arguing Green's claims lacked evidentiary support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disparate treatment under FHA | Servbank discriminated based on protected class membership in denying loss mitigation options | No evidence of discrimination; options were based on eligibility | No prima facie case or pretext shown—dismissed |
| Disparate impact under FHA | Servbank's policies had a greater adverse effect on protected classes | No identified policy or evidence of disparate impact | No policy or evidence—dismissed |
| Discrimination under ECOA | Servbank discriminated in a credit transaction based on protected traits | ECOA claim mirrors FHA claim, no evidence presented | No evidence—FHA reasoning applies—dismissed |
| Summary judgment standard | N/A | No genuine dispute of material fact; plaintiff failed to show any | Summary judgment granted for all claims |
Key Cases Cited
- Crain v. City of Selma, 952 F.3d 634 (5th Cir. 2020) (sets standard for FHA disparate treatment claims and pretext analysis)
- Simms v. First Gibraltar Bank, 83 F.3d 1546 (5th Cir. 1996) (sets standard for FHA disparate impact/discriminatory effects claims)
- Adams v. Travelers Indem. Co. of Conn., 465 F.3d 156 (5th Cir. 2006) (burden shifting and proof standard on summary judgment)
- Bayle v. Allstate Ins. Co., 615 F.3d 350 (5th Cir. 2010) (summary judgment burden shifting when non-movant bears burden at trial)