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Compliance Docs Are Sometimes Used Against Mortgage Companies.(Brief Article)
Seemingly contrary to the legal precept that a person cannot be made to testify against himself in a court of law, a growing number of lenders are finding that documents prepared to meet regulatory requirements are being used against them in legal proceedings.
According to Baltimore attorney Donald Rea, "There has been a proliferation of class-action suits" in which documents collected by federal and state regulators are made available to "sophisticated class-action lawyers" under the Freedom of Information Act.
This "troublesome" trend, said Mr. Rea, a litigator with the firm of Gordon, Feinblatt, Rothman, Hoffberger & Hollander, sometimes violates confidentiality clauses in federal regulations. But in other instances, he warned, the rules do not promise that information supplied to the regulator will remain private.
The Maryland attorney suggested that lenders might try to invoke one of several legal tenets in an effort to stymie the plaintiff bar - attorney-client ...
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Source: HighBeam Research, Compliance Docs Are Sometimes Used Against Mortgage Companies.(Brief...