CRA
Challenge to Burke & Herbert Summit
Merger After Linkbank Conditioned by FDIC
By Matthew
Russell Lee, Patreon Maxwell
Book
SOUTH BRONX, Oct
28 – Virginia and Delaware
portrayed as diverse and ever
progressive places. But their
banks, not so much.
Consider
for example the proposed
acquisition by Viriginia-based
Burke & Herbert Bank &
Trust Company of Summit
Community Bank.
Inner City Press
and Fair Finance Watch have
long exposed redlining - and
in this vein, on October 28
they filed a Community
Reinvestment Act challenge
with the FDIC:
"In Virginia in
2022, Burke & Herbert Bank
& Trust Company made 104
mortgage loans to whites, but
only 12 to African Americans.
This is out of keeping with
the demographics of its
footprint, and its
competitors.
Beyond
Virginia, Burke & Herbert
Bank & Trust Company is
scarcely better. In 2022,
Burke & Herbert Bank &
Trust Company overall made 119
mortgage loans to whites, but
only 16 to African
Americans.
Summit
Community Bank is also of
concern. In West Virginia in
2022 it made 403 mortgage
loans to whites, and only
EIGHT to African Americans.
Meanwhile it denied 3
applications from African
Americans, and only 97 from
whites (compared to 403
originations). This is
disparate, and more disparate
both than the aggregate in
West Virginia.
See also,
as to proposed acquirer Burke
& Herbert, this "civil
action seeking monetary
damages, restitution and
declaratory relief from
Defendant Burke & Herbert
Bank & Trust Company
(“Burke & Herbert”),
arising from the unfair and
unconscionable assessment and
collection of “overdraft fees”
(“OD Fees”) on accounts that
were never actually overdrawn.
2. This practice breaches
contract promises made in
Burke & Herbert’s adhesion
contracts. 3. In plain, clear,
and simple language, the
checking account contract
documents discussing OD Fees
promise that Burke &
Herbert will only charge OD
Fees or Non-Sufficient Funds
Fees (“NSF Fees”) on
transactions where there are
insufficient funds to cover
them. 4. As happened to
Plaintiff, however, Burke
& Herbert charges OD Fees
even when there are sufficient
funds to cover a debit card
transaction," citation, etc.
Earlier in
October, after a similar
challenge by Fair Finance
Watch on data and complaints
not even as bad, the FDIC
required from LINKBANK a plan
to improve its lending to
African Americans, which Inner
City Press has published on
its DocumentCloud
here.
If the regulators
at the FDIC means what they
claim, including in the new
CRA regulation, this
application should be denied.
Watch this site.
***
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