Unclear Consequences For Lenders Asking Language Choice
By Laurence Platt and Tori Shinohara (July 24, 2017, 1:45 PM EDT) -- When, if at all, should a mortgage lender or servicer be required to conduct business in a foreign language simply because the consumer has expressed a preference to communicate in a different language? Where does one draw the line in terms of both the number of languages and the scope of the tasks in which a lender should be prepared to conduct business at the request of the consumer? And lastly, does the consumer's expressed language preference follow ownership of the loan or the mortgage servicing rights such that a subsequent purchaser is bound by the originator's or prior servicer's previous election to conduct some of its origination or servicing activities in a foreign language, even if neither the loan documents nor applicable consumer credit law explicitly requires such a course of conduct?...
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