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Articles about Legal Matters


Residential | August 2005 
The Facts on FACTA
For the mortgage industry, the Fair and Accurate Credit Transactions Act of 2003 (FACTA) is an important piece of legislation whose impact continues to evolve. FACTA makes many amendment...
By Jonathan D. Jerison, attorney, Buckley Kolar LLP; and Andrea Lee Negroni, attorney, Buckley Kolar LLP

Residential | November 2006 
The Case for National Reform
The mortgage-lending industry has been weathering a sea change in public perception and policy in the past decade. It has not only produced substantial beneficial reform but also a regulatory rat’s ...
By Douglas L. Davies, managing partner, Davies Law Group LLC; and Bruce Volbeda, summer associate, Lane Powell PC

Residential | December 2007 
E&O: Your Safety Blanket
Errors-and-omissions (E&O) insurance is professional liability insurance covering policyholders for negligent acts and omissions that can lead to a client’s determent and/or harm. Simply put, E&O c...
By Marc A. Cisneros Jr., CEO and co-owner, CS Innovative Insurance Solutions

Residential | November 2007 
Cover Your Bases
One of the many consequences of the mortgage-lending morass is an avalanche of litigation. Consumers will sue lenders and brokers. Investors and repurchasers will sue loan originators. Stockholders ...
By Daniel J. Callahan, founding partner, Callahan & Blaine; and Edward Susolik, senior partner, Callahan & Blaine

Residential | November 2007 
When Lawsuits Work in Your Favor
A divorcee looking to buy a condominium. An injured worker behind on his mortgage payments. Like millions of Americans, they have an asset they might not realize: a legal claim. Individu...
By Alec Schibanoff, director of marketing and business development, LawMax Legal Finance

Residential | September 2007 
The Lighter Side of Lending: Courtroom Capers
I subscribe to a legal service that provides data on all federal lawsuits related to mortgage lending. For research purposes, I read as many of the trial records as I can. They provide good material...
By Gordon Schlicke, mortgage trainer, Seattle

Residential | September 2007 
Hello, L.O. Licensing
If you don’t know the latest on loan-officer-licensing laws in your state, listen up. Everyone from state legislators and enforcement agencies to anti-predatory-lending groups, mortgage b...
By Herbert H. Thomas, president, Thomas Law Firm PC

Residential | September 2007 
Privacy, Please
You take care to make your customers feel comfortable working with you. You spend time and money educating your employees. You even make sure that important documents are shredded when your company ...
By Douglas L. Davies, managing partner, Davies Law Group LLC; and D. Elaine Conway, associate, Lane Powell PC

Residential | July 2007 
Help Clients Look Beyond the Loan
The slowing of the mortgage industry likely has affected all our businesses. Even if you are getting the same amount of leads, the number you are converting into transactions is probably less. To do...
By Howard Bono, owner, Old West Mortgage

Residential | April 2007 
Driving the License
The conversation about licensing is louder and more prevalent by the day among mortgage professionals. We know that if the mortgage industry doesn’t address the issue proactively, our state and fede...
By Adam Stein, CEO,

Residential | March 2007 
Credit Bureaus: Breaking the Law?
Trigger leads are becoming increasingly popular in the mortgage industry. A trigger lead is a mortgage lead that the credit bureaus sell to mortgage companies and to lead-generation companies. They ...
By Edward Jamison, founder,

Residential | January 2007 
Keeping the Industry Honest
The mortgage boom of the past few years has brought a negative repercussion: an unprecedented amount of predatory lending. A large amount of “junk loans” also were written, and they will have a nega...
By William John McCloskey, president, WJM 7 Commercial Lending LLC

Commercial | December 2008 
What Clients Should Know About Asbestos
Litigation related to asbestos use in buildings has been a great economic hardship, with analysts estimating its accumulated cost at $250 billion. Companies from nearly all industries have been sued...
By Anne B. Schmidt, partner, Hepler, Broom, MacDonald, Hebrank, True & Noce LLC

Residential | December 2008 
How Legislation Recast the Mortgage Industry
Jumbo ARMs. Piggyback loans on homes with inflated values. No-doc and low-doc loans. These factors are just a few that likely contributed to the “implosion” of the industry. Some still wo...
By Peter Harvey, founder and CEO of Intellidyn Corp, Intellidyn

Residential | November 2008 
Staying on Top of New Rules
Recently, Major League Baseball (MLB) implemented instant replay to review select game-altering situations, such as whether a ball is a foul ball or a home run. The MLB adopted this technology to he...
By Fredric J. Gooch, chief legal counsel, DocuTech Corp.


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