Developments in Lender-Placed Insurance Claimsand Loan Modifi cation Litigation in ConjunctionWith the Home Affordable Modifi cation Program(HAMP)

September 22, 2014 4:25pm


Christy A. Ames
Stites & Harbison, PLLC

David M. Bizar

Seyfarth Shaw LLP

Roland P. Reynolds
Palmer, Lombardi & Donohue LLP

  • Assessing recent claims alleging that banks engaged in deceptive practices relating to lender-placed insurance
    • Potential violations of TILA, RICO, and other consumer protection laws
    • Possible collusion among lenders and insurance companies
  • Results of state investigations: NY, CA, IL
    • NYSDFS regulation of lender-placed insurance
  • How lenders can defend against and mitigate operational and reputational risks relating to their lender-placed insurance practices
  • Loan mod litigation and HAMP
  • Complying with the requirements for a permanent modifi cation
    • 30-day trial period
  • Borrower claims
    • Effective defenses
  • The rise in HAMP-related False Claims Act litigation
  • Mortgage fraud considerations in relation to HAMP