Mary L. Cartwright & the Northwest Indiana Open Housing Center v. American Savings & Loan Association

880 F.2d 912, 1989 U.S. App. LEXIS 10769, 1989 WL 81805
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 14, 1989
Docket88-1593
StatusPublished
Cited by13 cases

This text of 880 F.2d 912 (Mary L. Cartwright & the Northwest Indiana Open Housing Center v. American Savings & Loan Association) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mary L. Cartwright & the Northwest Indiana Open Housing Center v. American Savings & Loan Association, 880 F.2d 912, 1989 U.S. App. LEXIS 10769, 1989 WL 81805 (7th Cir. 1989).

Opinions

COFFEY, Circuit Judge.

The plaintiffs-appellants Mary Cartwright and the Northwest Indiana Open Housing Center commenced a suit alleging that the defendant-appellee American Savings & Loan Association (“American Savings”) refused to approve an application for a home construction loan in 1980 because of Mary Cartwright’s race and sex and engaged in “redlining” in the neighborhood where Mrs. Cartwright intended to build,1 in violation of the Fair Housing Act (42 U.S.C. §§ 3604 and 3605), the Equal Credit Opportunity Act (15 U.S.C. § 1691) and civil rights statutes (42 U.S.C. §§ 1981 and 1982). American Savings moved for involuntary dismissal pursuant to Fed.R.Civ.P. 41(b), arguing that the facts and the law [914]*914presented during the court trial failed to establish a right to relief. The district judge agreed. We affirm.

I.

On August 24, 1965, the plaintiff-appellant Mary Cartwright, a black female, and her first husband, Shishmon Bailey, obtained a mortgage loan from the defendant-appellee American Savings for a single-family residence at 5901 Columbia Avenue, Hammond, Indiana. Some twelve years later, on December 5, 1977, American Savings approved a second mortgage on the same real estate at 5901 Columbia in the amount of $15,000.

On or about July 10, 1980, Mary Cartwright and her second husband, Lawrence Cartwright, purchased lots 29 through 33 at 1112 Merrill Street in the East Hammond (Indiana) urban renewal area. The Cartwrights purchased the property from the City of Hammond for $1.00 per lot, conditioned upon the Cartwrights constructing only a single-family residence.

On August 28, 1980, Mary and Lawrence Cartwright applied for a $90,000 home mortgage loan from American Savings to finance the construction of a home on the Merrill Street property.2 The Cartwrights estimated the approximate value of their new residence at $91,250. Louis Green, vice-president of American Savings charged with mortgage loan responsibility, accepted the Cartwrights’ application on August 28, 1980, and collected their application fee of $190.00 for a credit check and an appraisal of the building venture.

Mary Cartwright and Louis Green’s testimony differed as to the events following their initial August 28, 1980, meeting. Green testified that he took the Cart-wrights’ loan application on August 28, 1980, and ordered a credit check and an appraisal of their anticipated Merrill Street building venture.3 Green further testified that Mrs. Cartwright called him twice in the months following their August 28, 1980, meeting concerning her loan application. According to Green, the first contact occurred in early September 1980, when the appellant called Green inquiring about the status of the loan and Green stated he found the credit report on file, but noted that the appraiser Lee had not as of that date filed his completed property appraisal. Green told the appellant that he would check the status of the appraisal and advise her. Green telephoned Vernon Lee & Associates and was informed that the appraisal was delayed because “they were having problems finding homes of comparable value in that particular area.”4 Green testified:

“So I called Mrs. Cartwright back, and Mrs. Cartwright, after explaining to her that we were having a little difficulty in finding market comparables, said to me, ‘Well, I have several friends of mine that are in the process of building homes like or larger than this.’
And I asked her, ‘Could you possibly get us some information to that effect, something that we’d have a handle on [915]*915tho market in that particular area?’ And she said, ‘I’ll be happy to do that.’ And I said, ‘You can either get it to me or get it to Vern Lee, his office,’ and I — I assume I told her where his office was.”

Green also stated that Mary Cartwright thereafter failed to communicate the comparable housing information she had agreed to provide and that he was awaiting the information to allow American Savings’ loan committee “to make a decision on the loan, to put as much information as we can get to them.” He further testified that because Mrs. Cartwright failed to provide the comparable housing information, he was unable to submit the Cartwrights’ 1980 loan application to American Savings’ loan committee for approval or rejection.

Green stated that he had another conversation with the appellant in March of 1981 when she called and said that she was still interested in building on the Merrill Street site, but that she was having some “personal problems” and had to work them out first. He testified he had no further contact with Mrs. Cartwright until May 1982.

Mary Cartwright’s testimony contrasted with Green’s in that she stated that Green asked her during their initial August 28, 1980, meeting if she could obtain information regarding the value of comparable homes in the vicinity of the Cartwrights’ Merrill Street property, and that she never told Green that she would do so. Her ex-husband, Lawrence Cartwright, corroborated her testimony that she did not agree to provide the information during the meeting on August 28. Further, Mary Cartwright testified that she contacted Green four times in the two months following their August 28, 1980, meeting each time inquiring into the status of the loan application. She stated on each occasion Green informed her he was “working on it” and would get back to her, but failed to do so. She denied having any contact with Green from November 1980 to April 1982; denied requesting that American Savings put her 1980 loan application “on hold” during that period; and also denied advising Green of any “personal problems.” Finally, she stated that she had called the Northwest Indiana Open Housing Center complaining about American Savings’ treatment of her 1980 loan application after Green advised her during the April 22, 1982, telephone conversation that her application had not been completed because of her failure to forward the comparable housing information she had volunteered to provide.5

It is undisputed that Green and Mrs. Cartwright had telephone conversations on May 4 and May 14,1982. Mary Cartwright tape-recorded both of these conversations without Green’s knowledge or consent.6 According to the transcript of the May 4 conversation, Green informed Mrs. Cartwright that her 1980 loan application “just died a natural death” because she failed to provide American Savings with the comparable housing information as she had agreed. The appellant also told Green during the May 4 conversation that she was no longer married to Lawrence Cartwright7 and therefore was interested in building a more modest home (costing $80,000 rather than $90,000 as originally contemplated) on the Merrill Street site. Green advised her that she would thus be required to file a new loan application.

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880 F.2d 912, 1989 U.S. App. LEXIS 10769, 1989 WL 81805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mary-l-cartwright-the-northwest-indiana-open-housing-center-v-american-ca7-1989.