Anticipating Disputes Relating to Forbearance Programs: How to Interpret Consumers’ Statutory Rights and Appropriately Disclose Terms

November 17, 2020 11:45am

Maura K. McKelvey
Partner
Hinshaw & Culbertson LLP (Boston, MA)

Jason R. Bushby
Partner
Bradley Arant Boult Cummings LLP (Birmingham, AL)

The CARES Act, analogous state legislation, and government investors have set out varying expectations for in a range of forbearance programs aimed at easing the impact of the pandemic on homeowners. The industry is encountering inevitable ambiguities in navigating the intricacies of these programs, creating fertile ground for disputes over non-compliance. This panel will cover:

  • Potential litigation relating to violation of forbearance rights in managing mortgage relief
  • Disputes over improper disclosures to borrowers of loan terms and additional costs associated with forbearance
  • To what extent borrowers already in litigation with their servicer can take advantage of forbearance programs
  • Restrictions and requirements to grant additional forbearances after an initial forbearance period