I have asked these questions before –

In a rough sense, the first bullet is a new form of "lender liability."

On Monday and Tuesday of this week

You might have missed this interesting event earlier this week: the Justice Department sued Deutsch Bank and Mortgage IT  alleging fraud in the origination of home loans (in a FHAHUD loan program).

If you really want to jump into the case, attached is a copy of the Government’s pleading in the case.

  • Why my interest

Recently, I’ve listened to this comment from several people who handle distressed commercial real estate loans at banks: “Well, we thought that we would avoid being personally named in a law suit on one of these bad loans. But no. We’re starting to be sued. And the suit names me . . .  personally.”

I’ve ventured over to

The second day of seminars, at the annual meeting of the American College of Mortgage Attorneys, had two key take-aways for me.  The first nugget focuses on the Dodd-Frank financial law.

The second nugget (below) is much more practical.  Inspired by comments made by Jim Allen during a panel presentation (he’s with the Miller

In a prior posting, I mentioned the need to watch for local legislative and regulatoryadministrative trends or changes.  But don’t forget to watch for changes at the court house, too.

We’ve been watching, waiting and even researching this one: an assertion that Borrower would pay at maturity of the commercial mortgage loan, except that the credit