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.
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