The Class Action lawsuit against BB&T has claimed that the bank failed to provide a suitable home loan product to its borrowers when they were in need of a home loan. The bank failed to disclose its bad mortgage practices to the applicants, and did not include the required disclosures or the required loan documentation to allow the applicants to make an informed decision about the terms of their loan.
Consequently, the applicants filed suit against BB&T in the U.S. District Court for the Southern District of Florida, requesting a judgment for compensation on the basis that they are owed compensation on the basis of the difference that the bank made between the loan they applied for and the final loan contract that they received.
Class Action Lawsuit Against BB&T Settles
Today, the class action lawsuit has been expanded to include additional claims by individual customers who were improperly denied loans from bb & t at varying terms and conditions. The original complaint arose as a result of the failure by BB&T to include the required disclosures and loan documents when filing its financial statements with the SEC.
According to the complaint, the bank failed to provide a reasonable disclosure of its loan commitments to its customers prior to the filing of its financial statements with the SEC. The bank further failed to comply with the requirements of the SEC’s loan review policy, which it signed when the bank was deemed a prudential lender. Reviewing this aspect of the complaint in detail can be beyond the scope of this article.
Plaintiffs contend that they are owed a percentage of the total outstanding loan balance on the mortgages that were written by BB&T as a result of their actions.
Accordingly, they seek a percentage of the class period. According to the complaint, the bank failed to provide a “fair and reasonable” exclusion policy, a policy that is designed to prevent banks from permitting claims based on improper or fraudulent acts-actions that would bar class members from receiving a percentage of the average quarterly net settlement fund.
In addition, the bank failed to make an adequate disclosure of the potential class-action lawsuit exposure and did not advise its borrowers of the risks inherent in allowing unqualified third-party money to finance their home loan transactions.
One issue currently before the courts involves the class period that is imposed on unqualified third-party investors who participate in the BB&T transactions.
On June 6, 2021, the United States Federal Trade Commission (“FTC”) issued a final rule in response to a lawsuit against a BB&T Bank that sought to impose such a restriction. According to the final rule, any third-party investor must disclose its investment objectives and all related risk factors to the appropriate person in the Class.
The plaintiff in the case sought damages for injuries sustained from the defective finance vehicle. The bank failed to disclose to its investors for the risks associated with unqualified investing and caused the death of one of its most promising investments.
As previously noted, the final rule is intended to require a BB&T representative to disclose the investment objectives of a class member and all relevant risk factors.
It also requires the representative to disclose the existence of a current participant or series of current participants. The class action lawsuit exposed the woeful lack of corporate communication about the risks of unqualified investments.
A class action lawsuit may have been preventable if BB&T had appropriately communicated its expectations to its members. The settlement fund was an additional risk because it was created by an unqualified individual.
The class action lawsuit also claimed that the purchase of the BB&T Class Action lawsuit fund was a deceptive practice.
The complaint alleged that the purchase of the settlement funds from the investor fund violated securities laws. The court found that the purchase was a reasonable and proper transaction for an unqualified person to enter into and found no basis for class-action claims regarding the creation of the investment fund.
The decision to purchase BB&T Settlement Fund from investors was based on the fact that BB&T was in the mortgage and financial industry.
The investment provided a reasonable assurance that the investment fund would make a profit. The court found that a substantial number of individual investors were acting as investment partners with the BB&T. The court stated that there was not enough evidence to show that individual investors caused the breach of fiduciary duties or acted in a reckless manner.
On December 8th, the BB&T had filed a notice of bankruptcy.
The bankruptcy is based on a plan of credit restructuring initiated in November by the company. In its effort to restructure and reduce debt, the company has received a record amount of notice of loss.
As part of the reorganization plan, BB&T will sell off its common shares in BBVA Properties, its real estate arm. The sale of the remaining BB&T Class Action lawsuit funds is expected to close within the next two months.