Q-Law Blog

MERS: Good Strawman or Bad Strawman?

Doublethink: “…the power of holding two contradictory beliefs in one’s mind simultaneously, and accepting both of them. … To tell deliberate lies while genuinely believing in

FIRPTA – Buyer Beware

Lately, there have been some stories about Realtors® and/or title companies having to pay a foreign seller’s federal income tax that was not withheld at

What’s in Your REMIC?

Background. The residential loan market experienced tremendous growth between 2004 and 2007.  Lenders were able to accommodate millions of borrowers, because they quickly sold the

Transparency in NPV Testing

The use of the NPV Test is the most critical part of a loan servicer’s decision to approve or disapprove a borrower’s request for help. Yet there is no accountability to the people most affected by an adverse decision – the borrowers themselves.

Making Sausage – Observations on Some Recent Oregon Legislation

Oregon legislative drafting can be like making sausage – you don’t want to watch the process. A case in point is the Legislature’s attempt to deal with homeowners’ promissory note liability that can survive the foreclosure of certain mortgages on distressed housing. The sausages were House Bills 3004 and 3656 – both attempted to deal with “piggy-back” loans – those 80% and 20% mortgages stacked on top of each other. The bills were enacted in 2009 and 2010, respectively. In both cases the Legislature came up short. Who suffers? The Oregon homeowner, of course. No wonder they’re distressed.