Mortgage Lending

Loan Origination, Preemption, and Litigation

A comprehensive resource covering dramatic changes in federal preemption, origination standards, and practical mortgage litigation strategies.

Origination, Terms & Nontraditional Mortgages

• Underwriting & Valuation: New underwriting standards, automated valuation, ability-to-repay requirements, and updated uniform residential loan applications.
• Rates & Terms: Regulation of interest rates, balloon payments, prepayment penalties, and negative amortization.
• Nontraditional Products: In-depth coverage of reverse mortgages, land installment contracts, HELOCs, home equity sharing, and other non-traditional loans.

Regulatory Compliance, Fees & Preemption

• Brokers, Fees & Appraisals: Restrictions on loan steering and broker compensation; new RESPA requirements; VA limits on points/charges; and rules governing title insurance, PMI, attorney fees, and appraisers.
• Preemption & Governing Laws: Analysis of new limits on federal preemption of state credit and mortgage laws, backed by a complete survey of applicable federal and state statutes.

Litigation Tips & Practice Tools

• Document Analysis & Defense: Guidance on gathering/analyzing key documents, third-party liability, and limits on the holder-in-due-course defense (including electronic notes).
• Standing & Procedure: Federal court standing for RESPA claims post-Spokeo and Ramirez, plus a 50-state analysis of state court standing requirements.
• Litigation Strategies: State-by-state statutory analysis for land installment contracts and reverse mortgages, restrictions on arbitration clauses, and tactics for suing failed banks.

Praise

"The NCLC treatises are like having an expert by your side." — Scott D. Owens, Esq., Law Offices of Scott D. Owens, Hallandale, FL

"The NCLC manuals really are a godsend to so, so many of us out here. Rarely, if ever, have I had a consumer law question that was not addressed in the manuals." — Kirsten Keefe, Senior Staff Attorney, Empire Justice Center, Albany, NY