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The Recent Onslaught of Fair Lending Litigation Against Mortgage Industry Participants  (Volume 38, Number 12–December 2022)

Author:  Olivia Kelman.; Lanette Suárez Martín.

Source: Volume 38, Number 12, December 2022 , pp.125-134(10)

Review of Banking & Financial Services

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In this article, the authors explore exemplars of a recent onslaught of government and private fair lending litigation against mortgage industry participants. The litigation arises in a variety of contexts, including claims challenging “modern-day redlining;” loan origination, servicing, and marketing practices; the use of machine-learning algorithms in advertising; and appraisal issues. They identify best practices for institutions that seek to proactively manage fair lending risk in this litigious environment.

Keywords: Redlining Analysis; Litigation by a Local County Government; Loan Servicing Discrimination; Marketing Discrimination; Algorithmic Discrimination; Appraisal Bias

Affiliations:  1: K&L Gates LLP; 2: K&L Gates LLP.

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