PHRC Wells Fargo Complaint

COMMONWEALTH OF PENNSYLVANIAGOVERNOR’S OFFICEPENNSYLVANIA HUMAN RELATIONS COMMISSIONCOMMONWEALTH OF :PENNSYLVANIA, HUMAN :RELATIONS COMMISSION, ::Complainant :: PHRC Case No.WELLS FARGO BANK, N.A., :ALSO D/B/A WELLS FARGO :HOME MORTGAGE, :WELLS FARGO FINANCIAL :PENNSYLVANIA, INC., ::Respondents :

COMPLAINTJURISDICTION

1.

Jurisdiction is pursuant to the Pennsylvania Human Relations Act 43P.S. Sections 951-963.2.

The Complainant herein is:Commonwealth of Pennsylvania, Human Relations CommissionSuite 300 Pennsylvania Place301 Chestnut StreetHarrisburg, PA 171013.

The Respondents herein are:Wells Fargo Bank, N.A.420 Montgomery StreetSan Francisco, CA 94104Wells Fargo Financial Pennsylvania, Inc.800 Walnut StreetDes Moines, IA 50309-3605

2The Pennsylvania Human Relations Commission, by and through its ExecutiveDirector, Homer C. Floyd, pursuant to authority found in the Pennsylvania HumanRelations Act, initiates this complaint and in support thereof states the following:

UNDERLYING FACTS

4. The Pennsylvania Human Relations Commission (hereinafter“Complainant” or “Commission”) is a non-partisan, departmental administrativecommission responsible for enforcement of the Pennsylvania Human Relations Act withlegislatively-delegated authority to initiate, receive, investigate and pass upon complaintscharging unlawful discrimination5. Wells Fargo Bank, N.A. is organized as a national banking associationunder the laws of the United States and its corporate headquarters are located inCalifornia. Wells Fargo Bank, N.A. maintains multiple offices in Philadelphia for thepurposes of soliciting applications for and making residential mortgage loans andengaging in other real estate related transactions. Wells Fargo Bank, N.A. originates bothprime and subprime, high-cost residential mortgage loans for the purpose of purchasinghomes or refinancing previously existing mortgages.6. Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. thatwas formerly incorporated in California as a separate company and registered to dobusiness in the State of Pennsylvania under the name Wells Fargo Home Mortgage, Inc.Wells Fargo Home Mortgage, Inc. merged into Wells Fargo Bank, N.A. on or about May5, 2004. Wells Fargo Bank, N.A. continues to do business under the name Wells FargoHome Mortgage, including in Philadelphia.

37. Wells Fargo Financial Pennsylvania, Inc. is a Pennsylvania corporationthat maintains multiple offices in Philadelphia for the purpose of soliciting applicationsfor and making residential mortgage loans and engaging in other real estate relatedtransactions in Philadelphia. Wells Fargo Financial Pennsylvania, Inc. offers primarilysubprime and high-cost home refinancing for various purposes, including debtconsolidation, home improvement, and cash needs.8. Wells Fargo Bank, N.A. and Wells Fargo Financial Pennsylvania, Inc.(hereinafter referred to as “Respondents”), individually and collectively, at all timesrelevant to the matter at hand, have loaned money secured by mortgages, financed, orotherwise engaged in activities related to the sale or acquisition of housingaccommodations within the Commonwealth of Pennsylvania and have otherwise engagedin “real estate-related transaction[s]” as that term is defined in the Pennsylvania HumanRelations Act including but not limited to: the making or purchasing of loans orproviding other financial assistance for purchasing, constructing, improving, repairing ormaintaining housing accommodations or commercial property; the purchasing,constructing, improving, repairing or maintaining of housing accommodations orcommercial property; and/or the selling, brokering or appraising of real property.9. The Commission, as Complainant, on information and belief, alleges thatthe Respondents have engaged in unlawful discriminatory conduct in violation of Section5 of the Pennsylvania Human Relations Act, based on the race, African American, of itsborrowers and the racial composition of neighborhoods, where its borrowers reside,including but not limited to in the following ways: