Fair Lending & Mortgage Development Updates: State, County and Municipal Regulation and Litigation
What can we expect over the next few years?
Regulation and litigation at a state, county and municipal level regarding fair lending and related residential mortgage issues is one area that will continue to have an increased focus. Proving a causal connection between a mortgage lender’s (or servicer’s) policy or practice and an adverse, disparate impact on certain mortgage borrowers (based on race, ethnicity, or other protected characteristics) could be somewhat easier than proving a causal connection with a governmental entity’s housing-related policy or practice. This white paper reviews case law regarding fair lending and discusses how successful plaintiffs may seek actual and punitive damages for proven Fair Housing Act violations.
Partner in the New Haven, Connecticut, office of Hudson Cook LLP, headquartered in Maryland
Past chair of the Truth in Lending Subcommittee of the Consumer Financial Services Committee of the American Bar Association's Section of Business Law
Past chair of the Consumer Law Section of the Connecticut Bar Association
Fellow of the American College of Consumer Financial Services Lawyers, and a member of the Conference on Consumer Finance Law and the Board of Editors of The Banking Law Journal (a LexisNexis A.S. Pratt publication)
J.D. degree, cum laude, University of Michigan Law School