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Articles about Legal Matters


Residential | November 2008 
The 1003: Your Legal Shield?
The dramatic increase in foreclosures has contributed to a mortgage meltdown. The economic impact has sent ripples — if not waves — thought the industry, affecting many lives. This has resulted in a...
By David L. Hippensteel, group member, Gerson Lehrman Group Councils

Residential | September 2008 
Sued? Ensure Your Coverage
For mortgage professionals and companies that have suffered losses from nonprime loans or that are alleged to have caused such losses, the potential financial exposures are daunting. The recent fina...
By Brian J. Osias, partner, McCarter & English LLP; and Nicholas M. Insua, associate, McCarter & English LLP

Commercial | August 2008 
11 Ways to Wring Out Your Risks
Considerable liability can arise from obvious or obscure sources. Years after a transaction, you can find yourself spending valuable time and money on a lawsuit for a deal in which you conducted you...
By John Arno, principal, Park Hill Lending

Residential | August 2008 
Insuring Your Company’s Future
Many people wonder why the nonprime-mortgage market collapsed, and many find it even more mysterious to comprehend where the money that the market thought once existed went. Therein lies ...
By J. Craig Williams, civil-trial advocate, The Williams Lindberg Law Firm PC

Residential | August 2008 
How to Prepare for Lawsuits: 9 Tips
Following the nonprime lending boom and its resulting fallout, the mortgage industry is bracing itself for the perfect storm of government oversight and litigation. In anticipation, many businesses ...
By David Weber, director, Navigant Consulting Inc.

Residential | June 2008 
Time to Take Responsibility
Several unethical practices took hold in the mortgage industry in recent years. Many brokers and loan originators who took part in such practices did so because “everyone else was doing it.” ...
By Ginger Bell, Business development and training, Go2Training

Residential | June 2008 
Tracking the Perfect Storm
The housing market and mortgage industry have changed dramatically in the past year. Much of the fallout came from the increase in stated-income loans during the mortgage boom. Further, with stated-...
By Jon R. Daurio, chairman and CEO, Kondaur Capital Corp.

Residential | June 2008 
Brokers Face a New Fiduciary Duty
The federal government and several states are proposing stricter mortgage-industry regulation. Some of these proposals focus on creating a fiduciary duty for mortgage brokers toward their clients. S...
By John Long, attorney, mortgage-regulatory-compliance law

Commercial | May 2008 
The New Vapor-Intrusion Standard
The migration of toxic vapors into structures and breathing zones has long been a significant concern associated with environmentally impacted real estate. This past March, the American Society of T...
By Joe Derhake, president, Partner Engineering and Science

Commercial | April 2008 
Don’t Let Vapor Intrude in Your Deals
The subject of vapor intrusion continues to generate publicity around the nation. In New York, one major corporation faces a class-action lawsuit for more than $100 million in damages from vapo...
By Kevin Langwell, senior vice president, Terracon

Residential | April 2008 
The Deal May Go On
Imagine you are halfway into a refinance or purchase transaction. The title policy arrives, and you have no reason to believe there will be any issues because your clients did not reveal any -- nor ...
By Chan B. Masselink, president, Falls Mortgage LLC

Residential | March 2008 
How and Why to Stay in Front of Legislation
Changes in the residential sector are imminent. Consumer advocates and legislators have reacted to the recent increase in foreclosures and blame the mortgage industry for failing to protect consumer...
By Linda Williams, CEO and trainer, Mortgage Trainers of North America

Residential | March 2008 
Measuring Borrowers in a New Legal Landscape
The continued increase in lawsuits rooted in the nonprime crisis and the current regulatory proposals intended to address this crisis will significantly impact how and to whom residential mortgage b...
By John S. Devlin III, shareholder , Lane Powell PC; and Andrew G. Yates, litigator, Lane Powell PC

Residential | February 2008 
Look to the Numbers
There is little evidence to support a belief that the contraction in the housing industry will let up any time soon. In fact, the housing industry may in time tip the economy into a worsening downwa...
By Paul Anagnostakos, president , Windsor & Associates Inc.

Residential | January 2008 
From the Editor
Last January in this spot, we wrote about pink slips (“From the Top,” January 2007). Oddly prescient. This January, we offer congratulations: If you have a use for a mortgage trade publica...
By Tony Stasiek, editor, Scotsman Guide Media


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