American Bar Association
Mortgage Lending Committee

Mortgage Lending Committee


Welcome to a new Bar Year! The Mortgage Lending Committee continues to be active in various forms of mortgage lending, including mortgage servicing, workouts, distressed assets, and banking regulations. Please watch for upcoming Committee conference calls on relevant topics. For more information regarding the activities of this Committee or to become more involved, please contact Chair Wogan Bernard at or Vice Chairs Anna Mahaney at or Joy Barrist at

List Serv

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Programs, Meetings and Events

Committee Events

RPTE 25th Annual Spring Symposia--Chicago

May 1, 2014 - May 3, 2014
Please join us in Chicago on May 1-2 for the RPTE 25th Spring Symposia!

A few related Symposia Committee events:

On Thursday, May 1 from 12:15-1:30 the Mortgage Lending Committee will be meeting with the other Committees of the Real Estate Finance Group for lunch to focus on Group and Committee activities.

On Thursday, May 1 from 3:15-4:45, the Real Estate Financing Group in conjunction with the Mortgage Lending Committee will be providing a program title “Eager Client Needs a Loan: Who, What, When, Where, How?”.

We hope to see many of you in Chicago!

Section Events

    Disaster Incident Experience: Anticipating, Responding, Carrying On, and Long-term Consequences


    Disaster Incident Experience: Anticipating, Responding, Carrying On, and Long-term Consequences

    The Use and Abuse of Exculpatory Clauses


    Can fiduciaries rely on exculpatory clauses in wills and trusts? Exculpatory clauses can take several forms, from clauses which expressly exclude obligations which would otherwise apply to fiduciaries, to clauses which purport to absolve fiduciaries from losses arising from their actions. Exculpatory ...

    Use, Assignability, and Other Tenant Rights


    One Form Doesn't Fit All: How Do Retail, Office, Industrial and Ground Net Leases Differ, and Why Does It Matter? Many provisions are common to all leases, but the concerns of the parties to a lease vary depending on the nature and use of the property leased. A lawyer needs to recognize the ways in ...

Related Products

Become More Involved with the Committee

If you would like to become more involved with the Mortgage Lending Committee or have material that you think would benefit the Committee's members, please feel free to contact the Committee Chair or Vice-Chair.

Status of revisions to the ACORD 28 insurance form

ACORD formed a working group in the spring of 2007 to study revisions to the 2006 Form 28, Evidence of Commercial Property Insurance. The working group has reached an impasse. At its meeting on February 27, 2008, the working group decided to suspend its work pending mediation by the National Association of Insurance Commissioners. NAIC asked trade associations for the lenders, insurers and producers to submit names of possible mediators by Friday, March 7. By Thursday, March 20, NAIC had whittled the number of potential mediators to four and asked the trade associations to submit their top two choices. At a meeting of the Property and Casualty Committee of NAIC on Monday, March 31, the NAIC announced that Thomas R. Kline of the Andrews Kurth firm in Washington DC had been chosed as the mediator. Ground rules for the mediation and a schedule have not yet been determined. Update 8/10/08-The insurance commmissioners of Minnesota and Nebraska recently have issued statements that the ACORD 28 form does not amend the underlying insurance policies. Copies of these statements are posted below. Update 8/27/08-An agreement regarding the ground rules and costs of the mediation is being executed by ACORD, the Mortgage Bankers Ass'n and representatives of the insurance industry.

New RESPA rules

On March 14, 2008, HUD published for public comment its proposed changes to the Real Estate Settlement Procedures Act. Thanks to ABA Fellow Katya Gill of Montgomery, Alabama for this link and materials.



Bernard, Wogan


Barrist, Joy
Mahaney, Anna

Committee Roster  

Modified by Wogan Bernard on September 16, 2014

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