Fair Lending: Current Issues, Enforcement Update, and Best Practices for Risk Reduction


Fair lending is no longer limited to loan origination issues -- lenders' post-closing activities, and particularly loan servicing, is the focus of current government scrutiny and regulatory enforcement efforts. A webinar presented by BuckleySandler partner Jonice Gray Tucker (jointly with Lori S. Sommerfield) on October 27, 2010, reviews current legal issues in the fair lending arena, ranging from the scope of housing discrimination investigations by the Department of Justice and the characteristics of referrals likely to be considered for litigation by the DOJ to the ever-higher settlements in cases alleging discrimination. The webinar identifies key legal and regulatory themes and describes the activities of the DOJ's fair lending unit, HUD's examination of HAMP data, state attorney generals' regulatory and enforcement initiatives, and the consumer advocacy community's efforts to stimulate litigation against mortgage servicers based on claimed defects in their loan servicing and mortgage modification practices.

Ms. Tucker and Ms. Sommerfield conclude the webinar with a dozen risk mitigation strategies designed to help financial service providers reduce the risk of enforcement action and private litigation based on claimed violations of fair lending laws.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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