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In Virginia Disparate TowneBank Wants Village Bank despite HMDA Reversal of FDIC on FOIA

by Matthew R. Lee, Patreon Substack

FEDERAL COURT, Feb 11 – In Virginia, a bank is trying to move into the Richmond area via merger, with a disparate lending record. Fair Finance Watch with Inner City Press on the FOIA has filed a timely first comment on, the Application by TowneBank to acquire Village Bank & Trust.

  But consider ChoiceOne's disparate lending record:    

In Viginia in 2023 - in HMDA data not yet taken into account in any CRA exam - Towne Bank based on its marketing made 1282 mortgage loans to whites, and only 192 loans to African Americans. Meanwhile it denied 43 applications from African Americans, and only 64from whites. It should be referred to DOJ.  

In North Carolina in 2023 Towne Bank based on its marketing made 1107 loans to whites, and only 80 loans to African Americans. Meanwhile it denied 10 applications from African Americans, and only 92 from whites.

   In Maryland in 2023 Towne Bank based on its marketing made 1172 loans to whites, and only 366 loans to African Americans. Meanwhile it denied 30 applications from African Americans, and only 40 from whites.

The new Merger Guidance should be applied - that is a test case.

TowneBank filed a response on December 4, by Troutman Pepper's Seth A. Winter who claims data documenting HMDA data has nothing to do with a merger - he should know better, since he represented Linkbancorp which was forced to implement a lending plan after Inner City Press documented similar disparities. It is a bad faith response.

And another: Inner City Press on December 12 submitted a FOIA request for Towne Bank's branch closing information, asking for the expedited treatment it routinely gets from other agencies. But the FDIC denied it, being dismissive of the impact of branch closings - and the FDIC took 27 days to deny expedited processing, providing no email address to appeal to.

On February 10 the FDIC wrote again to Inner City Press, stating that "Mr. Lee:     Attached, please find the FDIC’s response to your appeal.  As it has been remanded back to the FOIA Group based on the additional information you provided justifying the request for expedited processing, you will be hearing back from the FOIA Group." But the new information was obvious: information about a proposed merger should be provided while the comment period is still open, not after. And that a cynical bank should not benefit from hiding information about its branch closings.

On February 11 the FDIC wrote: "We denied your request for expedited processing on January 29, 2025, and you appealed this  decision.  The appeal was assigned log # 2025-FDIC-APPEAL-0006.  On February 10, 2025,  your request was remanded to the FOIA/PA Group “for further action and an additional response  to you.”  In light of the additional information you provided, please be advised that your request  for expedited is granted." Now we await the improperly withheld documents.

Why would regulators even consider approving this merger? Watch this site.

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