Law Commons^™

Panelist, Best Practices In Consumer Disclosures

Patricia A. McCoy

No abstract provided.

Founding Principles Of The Consumer Financial Protection Bureau

Patricia A. McCoy

No abstract provided.

A Cognitive And Social Psychological Analysis Of Disclosure Laws And Call For Mortgage Counseling To Prevent Predatory Lending, 16 Psychol. Pub. Pol'y & L. 85 (2010), Debra Stark, Jessica Choplin

Debra Pogrund Stark

No abstract provided.

Responsible Lending Compliance: A “Common Sense” Approach, Francina Cantatore

Francina Cantatore

In the wake of the July 2013 Enhancements to the National Consumer Credit Protection Act it has been necessary for credit providers to review and update their responsible lending processes. A year later, it is timely to assess whether enough has been done, and to consider if lenders are compliant. Inevitably, some grey areas exist under the new law which lenders need to deal with, and this paper will address some of those issues. Responsible lending is not a new phenomenon. It has been in place for consumer credit loans for some time; however, the recent enhancements required a revision …

Saving For Homeownership

Patricia A. McCoy

No abstract provided.

Fatca Compliance Of The Mena Region, William Byrnes

William H. Byrnes

No abstract provided.

Charging The Poor: Criminal Justice Debt & Modern-Day Debtors’ Prisons, Neil Sobol

Neil L Sobol

No abstract provided.

The 2015 New Year’S Fatca Update, William Byrnes

William H. Byrnes

No abstract provided.

Charging The Poor: Criminal Justice Debt & Modern-Day Debtors’ Prisons, Neil Sobol

Neil L Sobol

No abstract provided.

Charging The Poor: Modern-Day Debtors’ Prisons, Neil Sobol

Neil L Sobol

No abstract provided.

Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas

Jude A Thomas

Customer segmentation is a powerful analytical marketing practice that is employed by a wide range of businesses to segregate customers with similar characteristics into subgroups in order to inform operational business processes. Such practices allow firms to better allocate their resources in order to form more profitable customer relationships, but they also have the capacity to lead to unfair discriminatory impact upon customer groups. Current legislation is largely unprotective of customers so positioned, but recent trends in the insurance and lending industries suggest that a broader application of anti-discrimination laws could foretell a future of greater restrictions on the implementation …

A Tale Of Three Markets: The Law And Economics Of Predatory Lending, Kathleen Engel, Patricia Mccoy

Patricia A. McCoy

Predatory lending - the practice of making exploitative high-cost loans to naive borrowers - has spurred policy-makers, activists, lenders and scholars to debate whether intervention is warranted and, if so, what type of intervention is appropriate. The solution requires understanding the incentives in the home mortgage market that have fueled predatory lending. Recent changes in the credit market have created new possibilities for lenders to profit by exploiting information asymmetries to the detriment of unsophisticated borrowers. As a result, a new, predatory lending market has emerged alongside the legitimate prime and subprime home mortgage markets. Neither market forces nor existing …

The Cra Implications Of Predatory Lending, Kathleen Engel, Patricia Mccoy

Patricia A. McCoy

Traditionally, policymakers, communities, and industry have regarded the Community Reinvestment Act ("CRA") as a positive mandate for banks and thrifts to do good by increasing investment in low- and moderate-income ("LMI") neighborhoods. When Congress enacted CRA, it was inconceivable that LMI neighborhoods might eventually receive too much credit in the form of abusive mortgages. However, by the late 1990s, predatory mortgages- exploitative high-cost loans to gullible borrowers-were ravaging the inner cities. We address the question: given the surge in predatory lending, how should CRA respond? CRA and federal subsidies to regulated lenders can create perverse incentives for lenders to engage …

Protecting Consumers From Zombie-Debt Collectors, Neil Sobol

Neil L Sobol

No abstract provided.

Attacking Zombie Debts, Neil Sobol

Neil L Sobol

No abstract provided.

Attacking Zombie Debts, Neil Sobol

Neil L Sobol

No abstract provided.

Throw The Book At Them: Testing Mortgagor Remedies In Foreclosure Proceedings After U.S. Bank V. Ibanez, Claire Ward

Claire Alexis Ward

This article takes one state, Massachusetts, as its focus for a perspective on the residential mortgage foreclosure crisis. U.S. Bank v. Ibanez, in early 2011, signaled a changing tide which began to hold banks accountable for the shoddy practices they frequently used to foreclose. However, the promise of Ibanez was unfulfilled as successor cases failed to follow through with its vision. Mortgagor actions brought in the trial courts to prevent foreclosure have been unsuccessful with the elemental actions based in consumer protection, contract, and equity. However, this article proposes new and novel solutions to force banks to be held accountable …

Business Blogs And Commercial Speech: A New Analytical Framework For The 21st Century, Robert Sprague

Robert Sprague

No abstract provided.

Predatory Lending: What’S Wall Street Got To Do With It?,

Patricia A. McCoy

In this article, we examine the contention that the secondary market will exert sufficient market discipline to drive predatory home loan lenders from the subprime marketplace. Using a so‐called lemons model, we identify the potential risks that investors encounter if they buy securities backed by predatory home loans. We then explain how structured finance, deal provisions, pricing mechanisms, and legal protections shield investors from much of the risk that those loans entail.

While the secondary market does impose some discipline on the subprime home loan market, it is not enough to bring predatory lending to a halt. We provide rationales …

Chapman University Presents Consumer Law Symposium On Responsibility And Reform, Kurt Eggert, Alvin Harrell

Kurt Eggert

No abstract provided.