Ban on Borrower's Waiver of Defenses

, New York Law Journal


In his Foreclosure Litigation column, Berkman, Henoch, Peterson, Peddy & Fenchel partner Bruce J. Bergman writes: A branch of the onslaught of borrower protective legislation is a stealth component lurking in the Banking Department Regulations, which says that a homeowner cannot be required to waive legal claims and defenses as a condition of a loan modification, forbearance or repayment plan, which can place servicers in an essentially impossible situation.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to LexisAdvance®.

Continue to LexisAdvance®

Not a LexisAdvance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via LexisAdvance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at

What's being said

Comments are not moderated. To report offensive comments, click here.

Preparing comment abuse report for Article #1202543794832

Thank you!

This article's comments will be reviewed.