Mortgage Industry Must-Knows Blog

Maddin Hauser's Financial Services and Real Property Litigation Group has become a key resource to local and national mortgage lenders and servicers, banks, title insurance companies, and national landlords/property owners doing business within the state in litigation, transactional matters, and regulatory/compliance matters.
We hope you find the articles in our Mortgage Industry Must-Knows Blog helpful. They are intended as general information and should not be used as a basis for specific action. For additional details or answers to any questions you might have, please contact the article author(s) or Martin S. Frenkel or David E. Hart.


In-House and Overworked? The Value of Overflow Counsel
By Martin S. Frenkel

The current economic cycle for the mortgage industry can best be described as “betwixt and between:” we have the unusual combination of declining originations and a low level of default servicing work given that mortgage delinquencies are also at historic lows..

Public or Private Pig Problem: Distinctions Between Public and Private Nuisance
By Deborah S. Lapin

Thanks to pigs in Fraser Township, the Michigan Court of Appeals recently clarified public and private nuisances and the statute of limitations for a private nuisance claim.

Just When You Think Settlement is Near...Beware the Equal Credit Opportunity Act!
By Deborah S. Lapin

When one thinks about the Equal Credit Opportunity Act (the “ECOA”) in the lending context, one immediately envisions consumer complaints related to discrimination on the basis of race, color, religion, national origin, sex, marital status or age in the mortgage origination process. However, ECOA on its face also prohibits discrimination against a borrower/applicant that has “exercised a right” under the Consumer Credit Protection Act in which TILA is found. In other words, ECOA may prohibit discrimination against a borrower for exercising a TILA claim.

Title Insurance Basics: Title Searches
By David E. Hart 

You already know that before a title insurance company can proceed with issuing a title insurance commitment, they’ll need to conduct a title search. But you may not be aware of all the work that goes into a title search. In today’s column in our “Title Insurance Basics” series, we’ll explore a few of the items that title searchers work to discover.

More Mortgages are Smaller Mortgages: 2019 Trends for Young Homeowners

By Martin S. Frenkel and Corinne S. Rockoff

Many young home-buyers are opting for so-called “starter homes” in efforts to get into the market early and on a budget. With high levels of student loans and other debt, millennials are starting families later and waiting longer until they need as much space in their homes as their parents may have needed at the same age.

The “Other” Meaning of Tech in the Mortgage Industry
By Martin S. Frenkel

When you attend a mortgage industry conference, or read an industry publication, you frequently hear about the impact of technology on the mortgage industry. The discussion typically revolves around many important, yet familiar topics, such as better loan origination and servicing platforms, AI, and blockchain to name a few (so-called FinTech).

FCRA Compliance: Getting Ahead of the Game
By Matthew Mitchell

In recent years, the Fair Credit Reporting Act has become fertile ground for plaintiffs’ consumer finance attorneys. When the next recession inevitably arrives, this trend is likely to only increase.