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Articles about Legal Matters


Commercial | December 2009 
Train Yourself for Loan Workouts
With signs of a rebound apparent in the real estate industry -- thanks in part to the government aid injected into the economy -- the financial and lending markets are in the midst of a bursting lever...
By Dan Fowler, CEO , Connaught Real Estate Finance; and Christopher Doherty, senior vice president, Connaught

Residential | September 2009 
How to Survive the Legal Carnival
As foreclosure troubles continue to grip the nation, mortgage-related litigation follows. Increasingly, mortgage brokers find themselves named in lawsuits linked to loans they originated years ago. ...
By Christopher Thorsen, partner, Bradley Arant Boult Cummings LLP

Commercial | June 2009 
Q&A: Edward T. Bullard, American College of Mortgage Attorneys
Members of the American College of Mortgage Attorneys (ACMA) represent all sides of the mortgage industry — “If real estate or mortgage lending is touched, ACMA’s fellows are involved,” President E...
By Ivanna C. Sukkar, editor, Scotsman Guide Media

Residential | June 2009 
RESPA: Untangling Its Knots
Changes to the Real Estate  Settlement Procedures Act (RESPA) are set to take effect at the beginning of next year. Now is the time for mortgage brokers to understand some of the complications that...
By Lauren Ingersoll, senior vice president, Mavent Inc.

Residential | June 2009 
Understanding the Industry's Gray Areas
When I started dealing  with licensing, compliance and other legal issues in the mortgage industry, I often would hear, "Well that's a gray area, so we can go ahead and do it." Like many profession...
By Steven Sheasby, owner and president, Integrity Mortgage Licensing

Residential | December 2014 
This past October, the U.S. Department of Housing and Urban Development (HUD) secured the largest-ever settlement from a mortgage lender over allegations of pregnancy discrimination. Wells Far...
By Neal McNamara, chief reporter, Scotsman Guide Media

Residential | May 2009 
New Code to Alter Appraisal Landscape
In recent years, the mortgage  industry has drawn enormous attention from politicians, media outlets and regulators. One part of the official response has been the establishment of the Home Valuatio...
By J. Daniel Neumann, president, J. Daniel Neumann Appraisals Inc.

Commercial | March 2009 
Commercial Chatter: Hits and Misses
There is no shortage of real estate news these days. You'll find an avalanche of information on the Internet, television and radio and in newspapers and magazines. But is all of it true? ...
By Fred Hollister, senior vice president, director of commercial lending, Global Fundings Inc.

Residential | March 2009 
Conflicted in the Line of Duty
In the midst of the ongoing  economic crisis, government regulators continue to enact laws and regulations to right a mortgage-industry ship that has been listing dangerously. Much of this legislat...
By Douglas L. Davies, managing partner, Davies Law Group LLC; and Laura Marquez-Garrett, attorney, Foster Pepper PLLC

Residential | September 2014 
Are You Ready to Serve Borrowers From Up North?
From title-related questions to issues regarding citizenship, Canadian clients typically have a lot of questions about buying property in the United States. If you’re interested in pursuing more busin...
By Alain Forget, director of U.S. business development, RBC Bank

Commercial | September 2014 
Better Living Through Benchmarking
Energy benchmarking is the process of standardizing the energy capability of a commercial building, with the potential necessity of disclosing the findings to interested or required parties. These p...
By Michael Genevay, energy-efficiency adviser, Chase Energy Solutions Inc.; and Michael Berkley, account executive, Paramount Mortgage Lending Group

Commercial | September 2014 
Avoid Bridge-Lending Traps
Scams tend to pop up in times of crisis or where confusion has been created. Loan scams in particular prey on desperate, uninformed or confused borrowers. A recent example of this was during the rec...
By Corey Curwick Dutton, founder, Private Money Utah

Residential | January 2009 
What You Can Do to Avoid Liability Claims
Lender liability is a catch-all phrase used to describe several theories under which a lender can be sued for doing or not doing something in connection with a loan or loan commitment. Allegations can...
By Steven I. Fried, principal, Capital Finance

Residential | July 2014 
Courts Cast an Eye on Mortgage Lending
Sharp declines aren’t usually indicators of positive news — that is, unless you’re talking about the national foreclosure picture. Recent trends in foreclosure statistics are declining, and a number...
By Brian Rich, partner, banking, lender liability and foreclosure group; and Noel Bishop, associate, banking, lender liability and foreclosure group, Halloran & Sage LLP

Residential | June 2014 
Take Calculated Steps Toward Banking
For a multitude of reasons, many mortgage brokers nationwide are taking the plunge into mortgage banking. As mini-correspondent lenders, these emerging bankers face a different set of regulatory guide...
By Ken Jones, senior vice president, mortgage banking and warehousing lending, First Guaranty Mortgage Corp.


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