Adverse Actions in Loan Modification Context

Stephen Ornstein, Matthew Yoon, and John Holahan of SNR Denton In this commentary, Stephen Ornstein, Matthew Yoon, and John Holahan of SNR Denton examine a significant new development involving the provision of "adverse action" notices to borrowers who have been declined loan modifications...

Ballard Spahr LLP: DOJ’s Fair Lending Case Conflates Disparate Treatment and Disparate Impact Claims

By members of the Consumer Financial Services Group In its latest fair lending lawsuit, the Department of Justice appears to be dodging an important legal question that the U.S. Supreme Court was poised to answer this term, but never did due to the dismissal of the case by the parties. The question...

Agencies Address Fair Lending Concerns of Industry and Indicate that ECOA, Ability-to-Repay Rule Compatible

by Haydn J. Richards, Jr. and Heather C. Hutchings In an October 22, 2013 statement released by the Consumer Financial Protection Bureau, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the National...