February 15, 2006

Obama, Durbin proposes federal mortgage reforms

A sweeping set of federal reforms were proposed Tuesday to combat mortgage fraud, ratcheting up enforcement and creating a national database of brokers who have been disciplined. The bill would increase funding for federal law enforcement programs, create new criminal penalties for mortgage professionals found guilty of fraud and require industry insiders to report suspicious activity. Wayne State University law professor Peter J. Henning says that one provision of the measure would strengthen the ability of fraud victims to file federal lawsuits. Individuals now must seek redress in state courts, which have more restrictive rules about information gathered during discovery, Henning says that could increase the liability banks and real estate companies face for their employees\' misconduct. \"I suspect there would be opposition to that provision.\"

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