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Articles about Legal Matters


Residential | October 2010 
Stand at Attention for VA Loans
Loans from the U.S. Department of Veterans Affairs (VA) represent a good home-lending solution for many members of the military. Mortgage brokers who are seeking a niche can consider becoming experts ...
By Beverly Frase, program manager, USA Cares

Residential | September 2010 
Fraud Report Opens Door to Client Education
This past May, the U.S. Department of the Treasury Financial Crimes Enforcement Network (FinCEN) published its Mortgage Fraud Report (, noting trends related to loan-modification ...
By Janine M. Atamian, president, Premier Title & Escrow Co. Inc

Residential | July 2010 
Keep Tabs to Avoid Wage Violations
Federal regulations require mortgage brokers and lenders to meet minimum-wage and overtime standards for their employees. Employers should work to maximize their employees’ experience and work time. B...
By Don DeRespinis, president and founder, Charter Oak Lending Group LLC

Residential | April 2010 
An Option for Defending Equity
Although the worst of the housing-market downturn might be behind us, continued volatility remains a concern for many homebuyers and homeowners. Until the market stabilizes, many potential homebuyers ...
By Eric Hutchinson, president and co-founder, Working Equity Inc

Residential | February 2010 
Chinese Drywall: What You Should Learn
A range of problems associated with imported drywall made in China has spread throughout the United States, particularly in the South and Southeast. In late 2009, the U.S. House and Senate passed legi...
By Brian J. Osias, partner, McCarter & English LLP; and Nicholas M. Insua, associate, McCarter & English LLP; and Jason M. Alexander, associate, McCarter & English LLP

Commercial | August 2011 
Building Defects Can Derail Your Deal
Defects introduced in construction  can lead to classic legal disputes between owners and contractors, especially when considerable sums of money are involved. What can a commercial mortgage brok...
By Stanley Stephenson, managing principal, Litigation Economics LLC

Commercial | January 2011 
Don’t Risk Customers’ Data
Many companies are under the mistaken and dangerous impression that outsourcing risky tasks involving personal identifiable information to third parties equates to outsourcing the liability associated...
By Alan M. Burger, member, McDonald Hopkins LLC; and James J. Giszczak, member, McDonald Hopkins LLC

Residential | December 2011 
Become the Front Line of Defense
Identity theft is the primary component of mortgage fraud for many different scams. For mortgage originators, the best defense is to know all your borrowers personally. This is a novel concept, but in...
By Denis G. Kelly, senior vice president of correspondent/national wholesale, Sprout Mortgage

Residential | November 2011 
Military Communities Face BRAC Changes
Struggles to set and control the federal budget are not new issues in the United States. Congress and the White House regularly look for ways to reduce spending throughout the federal government, and ...
By Dan Schenk, program specialist, PenFed Foundation

Residential | October 2011 
Your Data Has Been Breached. Now What?
More than 1 billion documented sensitive data records have been breached in the past eight years, according to a U.S. Secret Service/Verizon data-breach investigations report. Consumers seem to accept...
By Denis G. Kelly, senior vice president of correspondent/national wholesale, Sprout Mortgage

Residential | October 2011 
Fight the Evils of Illegal Re-aging
The improper re-aging of debt can significantly — and negatively — impact borrowers’ ability to secure a mortgage. Loan originators should know how to help clients detect and fight malpractice. Whe...
By Elizabeth Karwowski, founder, Get Credit Healthy Inc.

Residential | September 2011 
10 Ways to Avoid a Data Breach
There has been an explosion of large-scale, high-profile data breaches lately. Despite these headline-grabbing incidents, cybercriminals have been targeting smaller companies within the financial-serv...
By Denis G. Kelly, senior vice president of correspondent/national wholesale, Sprout Mortgage

Residential | July 2011 
I Am My Client’s Keeper
As guardians and conveyors of massive troves of sensitive personal information, mortgage professionals are perfectly situated to become leaders in identity-theft prevention. There’s no shortage of sta...
By Denis G. Kelly, senior vice president of correspondent/national wholesale, Sprout Mortgage

Residential | July 2011 
How to Keep State Taxes from Giving You a F.I.T.
Many states impose a special tax, usually a franchise tax, on regulated financial corporations, bank holding companies, savings and loan associations, and similar entities. In recent years, these stat...
By Francina A. Dlouhy, partner and practice leader, Baker & Daniels LLP; and Benjamin A. Blair, law clerk, Baker & Daniels LLP

Residential | July 2011 
Don’t Let Tax Liens Derail Your Business
Since the passage of the Secure and Fair Enforcement for Mortgage Licensing Act, mortgage brokers and loan originators licensed under the Nationwide Mortgage Licensing System have been subject to cred...
By Alvin S. Brown, tax attorney, Alvin Brown & Associates


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