Fair Lending: Managing and Defending AgainstClaims of Discriminatory Lending and Assessingthe Status of ‘Disparate Impact’ in LendingLitigation and Enforcement

September 23, 2014 1:45pm


John Fleming
General Counsel
Texas Mortgage Bankers Association

Eric Jon Taylor
Hunton & Williams LLP

  • Recent cases and enforcement actions
  • How state and federal agencies are approaching fair lending issues
  • Assessing the status of ‘disparate impact’ in lending litigation and enforcement
    • HMDA data serving as basis for claims
  • Disparate impact in the age of the Qualified Mortgage
    • Assessing the likelihood that lenders who underwrite QM loans will face fair lending claims because loans meeting the QM standards may result in a disparate impact on certain demographic groups
  • New and emerging allegations of discriminatory practices and how to defend against them
  • Assessing the evolving definition of and uncertainty relating to fair lending
  • Impact of the CFPB on fair lending litigation
    • CFPB initiatives and enforcement efforts relating to discriminatory lending and ‘disparate impact’
  • Defending against the latest claims alleging fair lending violations
    • Early interviews and information gathering
    • Data analysis
  • Impact of recent regulatory and litigation developments on the defense of predatory lending claims
  • Public relations concerns
  • Settlement considerations and strategies