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Consumer Law Keyed to Whaley, 9th Ed.
Hawkins v. Community Bank of Raymore
Citation:
761 F.3d 937 (2014)Facts
Between 2005 and 2008, Community Bank of Raymore made four loans totaling more than $2,000,000 to PHC Development, LLC, a Missouri limited liability company whose members were Gary Hawkins and Chris Patterson (as trustee). Neither Valerie Hawkins nor Janice Patterson, the wives of the members, had any legal interest in PHC. In connection with each loan and subsequent modifications, Community Bank required both Hawkins and Patterson, along with their husbands, to execute personal guaranties securing the loans. In April 2012, PHC failed to make required payments, and Community declared the loans in default and demanded payment from both PHC and the guarantors. Hawkins and Patterson filed suit alleging that Community required them to execute the guaranties solely because they were married to their respective husbands, constituting marital status discrimination under the ECOA.
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