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Anti-Predatory Lending Legislation in House

posted by Bob Lawless

The U.S. House of Representatives currently has pending before it H.R. 3915, the Mortgage Reform and Anti-Predatory Lending Act of 2007. Among other things, this bill would impose liability for violations of the lending standards set out in the bill. Liability on whom, you ask? That is the question addressed in a letter  by Professors Alan White of Valparaiso University, Patricia McCoy of the University of Connecticut (and former Credit Slips guest blogger), Kathleen Engel of the Cleveland-Marshall College of Law (and former Credit Slips guest blogger), and Kurt Eggert of Chapman University. The professors' letter was written to the three sponsors of the legislation (Reps. Frank, Watt, and Miller).

The professors' letter points to a potential loophole in the bill's liability scheme, which would simply allow the loan originators to make sure liability rested with an empty corporate shell. The details are best left to the professors' letter. As a service to Credit Slips readers and with the professors' permission, we have posted the letter here. The professors also call for broader liability than the bill currently contemplates, including the possibility of liability resting with the assignees of any mortgages. That is a much more controversial proposition, but it is one that deserves airing.

Comments

My husband purchased his home in 2004, not realizing
that $38,000 was owed in back taxes. Because of preditory lending, he lost his home, and his good standing credit.

Will their be any compensation for all the people who lost their homes before 2007? and why should their credit suffer.

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  • As a public service, the University of Illinois College of Law operates Bankr-L, an e-mail list on which bankruptcy professionals can exchange information. Bankr-L is administered by one of the Credit Slips bloggers, Professor Robert M. Lawless of the University of Illinois. Although Bankr-L is a free service, membership is limited only to persons with a professional connection to the bankruptcy field (e.g., lawyer, accountant, academic, judge). To request a subscription on Bankr-L, click here to visit the page for the list and then click on the link for "Subscribe." After completing the information there, please also send an e-mail to Professor Lawless (rlawless@illinois.edu) with a short description of your professional connection to bankruptcy. A link to a URL with a professional bio or other identifying information would be great.

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