“I am an advocate for making businesses better. I become part of every client.”

Howard Lax is a principal with Lipson, Neilson, Cole, Seltzer & Garin, P.C. He specializes in financial institutions consumer compliance and regulatory affairs, and real property law.

He received a Bachelor of Science degree from the University of Michigan in 1974 and a Juris Doctor degree, cum laude, from Wayne State University Law School in 1982. While at Wayne State University Law School, Mr. Lax received the Bronze Key Award and the Silver Key Award for scholarship and the American Jurisprudence Award in Torts.

For ten years he was employed with the Legal Services Division of NBD Bank, and served as counsel to NBD Mortgage Company and NBD Bank (now part of JP Morgan Chase, N.A.), as well as consumer lending counsel for private banking, manufactured housing lending, the cooperative housing share loan program and other residential loan programs. Mr. Lax was also employed by other Detroit area law firms where he worked with a wide variety of mortgage lenders and title companies.

Mr. Lax is rated AV by Martindale Hubbell, and he is recognized as a “Michigan 2006 Super Lawyer” and a “Michigan 2007 Super Lawyer” by Law & Politics (being in the top 5% of Michigan lawyers as recognized by his peers).

Mr. Lax has written numerous articles and participated in numerous seminars. He has given many presentations to compliance officers, lenders, mortgage brokers, auditors, appraisers, and loan managers regarding regulatory and real estate issues and concerns, and documentation of consumer loans.

Mr. Lax is a member of the State Bar of Michigan and its Business Law Section and the Real Property Law Section, where he is a member of the Section’s governing council, and serves on the Condominiums, PUDs and Cooperatives Committee, the Mortgages and Related Financing Devices Committee, Security Interests Committee, the Residential Transactions Committee, and the On-line Publications Committee. Mr. Lax with Mr. Carl Spradlin, Jr. of Comerica Bank provide a quarterly presentation to Michigan compliance officers regarding developments in banking regulations. Mr. Lax organizes the monthly eNewsletter and contributes resources for real estate attorneys for the World Wide Web pages of the Real Property Law Section of the State Bar of Michigan. He also writes and publishes The Mortgage News, a mortgage banking compliance newsletter available at http://www.lipsonneilson.com/news.html. Mr. Lax also writes columns for RESPANews.com and other publications by October Research.   

PUBLICATIONS:

“YOUR HOME — Buying or Selling a Home,” a pamphlet published by the State Bar of Michigan (1/92 Revision), republished at

“Real Estate Settlement Procedures Act (RESPA) and HUD’s Regulation X: What Hath HUD Wrought?,” Michigan Real Property Review, Vol. 20, No. 2, pp. 81-86 (Summer, 1993)

“Real Estate Settlement Procedures Act (RESPA) and HUD’s Regulation X: Oh HUD!  Part II,” Michigan Real Property Review, Vol. 21, No. 4, pp. 181-193 (Winter, 1994)

“Even More and Bigger Alligators in the Swamp; Another Updated Consumer Credit Survival Guide for Commercial Loan Officers,” ABA Bank Compliance Magazine, Volume 17, Issue 7 (July/August, 1996)

“The Truth-in-Lending Act Amendments of 1995: Is the Fix In or is This Just Another Thumb in the Dike?,” The Bankers Magazine, Volume 179, No. 5 (September/October, 1996)

The Internet Guide for Michigan Lawyers (chapter on Internet resources for real estate attorneys), published by ICLE, October, 1996; revised May, 1997, January, 1998, and August, 1998 (This book was awarded the ACLE Award of Professional Excellence for 1998)

“The New Frontier:  The Internet and Your Legal Practice,” Michigan Real Property Review, Vol. 23, No. 4, pp. 201-211 (Winter, 1996)

“IN FOCUS: Reg Z - Closing Agent Charges,” Compliance Matters, December 1998/January 1999 (Greatland Corporation mortgage banking newsletter)

“HUD Trek VIII:  The Undiscovered Broker Fee, or Hi! I’m From HUD and I’m Here to Help You!,” originally published in Compliance Matters, November, 1997 (Greatland Corporation mortgage banking newsletter), republished in Equity:  The Journal of the National Home Equity Mortgage Association (January, 1998), and updated and republished in Michigan Real Property Review, Vol. 25, No.1, pp. 37-42 (Spring, 1998)

“It Ain’t An Application “Til The Federal Regulator Sings,” FirstLook, Vol. 2, No. 1 (Winter/Spring, 1998) (InterFirst Division of Standard Federal Bank/ABN AMRO Group Newsletter). Revised and republished in Compliance Matters, November, 2000 (Greatland Corporation mortgage banking newsletter) at http://www.harlandfinancialsolutions.com/files/2007020916011462.pdf

“Financial Privacy is a Long Four Letter Word,” Michigan Real Property Review, Vol. 28, No. 2, pp. 63-72 (Summer 2001), available at http://www.michbar.org/realproperty/MRPR/summer2001.pdf

“The Michigan Consumer Mortgage Protection Act: The Cure for Predatory Lending or Just Another Hat in the Ring?”,  Michigan Real Property Review, Vol. 30, No. 1, pp. 27-30 (Spring 2003), available at http://www.michbar.org/realproperty/MRPR/spring2003.pdf

“The Challenge to the Future of Subprime Residential Lending: Channeling Mortgage Loan Officers and Businesses Away from Predatory Practices,” Compliance Matters, August, 2003 (Greatland Corporation mortgage banking newsletter available at http://www.harlandfinancialsolutions.com/great-docs-newsletters1c.php?item_id=2007010815522899&p1=2007010815144293&gd_id=2007020814114138&gdsec_id=2007020814122532 ), co-authored with Jack B. Wolfe

“Identity Theft”, RPPT e-Report , Real Property, Probate and Trust Law Section of the American Bar Association, October, 2006 (2006-1), published at http://www.abanet.org/rppt/publications/ereport/2006/1/home.shtml

“Affinity Relationships Under RESPA: Making Money the ‘Old-Fashioned Way’” (Republished as “RESPA Compliant” by October Research), and “Dear HUD,” RESPANews.com columns regarding Sections 8 and 9 of RESPA, published at RESPANews.com (subscription required), January 9, 2007 to the present (more than 40 columns to date)

“Affinity relationships under RESPA: Making money the ‘old-fashioned way’”, RPPT e-Report , Real Property, Probate and Trust Law Section of the American Bar Association, June, 2007 (2007-3), published at http://www.abanet.org/rppt/publications/ereport/2007/3/eReportLax.html

“Recognizing Mortgage Fraud,” Michigan Bar Journal, November, 2007, pp. 34-38; expanded article with footnotes and hypertext links published at http://www.michbar.org/realproperty/pdfs/lax.pdf; article reprinted in a shorter version in the November 23, 2007 edition of Fraud & Compliance Report (a weekly electronic newsletter) at http://www.nationalmortgagenews.com/fraud/stories/?storyid=20071120a.htm by Source Media, and reprinted without footnotes under the title “Twenty One Flavors of Mortgage Fraud,” by iTulip.com at http://www.itulip.com/forums/showthread.php?p=18409 (this article was also reprinted in various blogs, without permission).

“Home Interest Rate Freeze Solves Little,” The Detroit News, December 14, 2007, at http://www.detnews.com/apps/pbcs.dll/article?AID=2007712140321. Reprinted in MortgageLawCentral.com (October Research), December 21, 2007.

ICLE SEMINARS

“Regulation of Residential Transactions,” an ICLE Homeward Bound Seminar, December 7 & 9, 1993

“How to Use a Checklist and Forms Approach to Your Residential Real Estate Transactions,” an ICLE full day seminar, February 3 & 25, 1994 (designed, organized and moderated by Howard Lax)

“Anticipating and Avoiding Real Estate Closing Problems,” an ICLE half day seminar, October 6 & November 3, 1994 (designed, organized and moderated by Howard Lax; presented the segment on residential finance transactions)

“New Developments in Residential Real Estate Transactions,” an ICLE Homeward Bound Seminar, February 23, 1995

“The Internet and Your Law Practice: An Introduction in Plain English,” lunch discussion leader, November 29, 1995

“Fundamentals of Michigan Practice 1996,” an ICLE basic practice multi-day seminar, February 5-7, 1996 (segment on Residential Transactions)

“Michigan Residential Real Estate Documents,” an ICLE half-day seminar, April 29, 1999 (moderated by Howard Lax; presenting the segment on Mortgage and Other Residential Financing Documents)

“Preparation and Handling of Michigan Residential Real Estate Closings,” an ICLE half-day seminar, April 29, 1999 (moderated by Howard Lax; presenting the segment on Identifying and Resolving Finance Issues in Anticipation of Closing)

“Emerging Issues in Electronic Transactions,” an ICLE Homeward Bound Seminar, April 18, 2002

BAR PRESENTATIONS

“Residential Real Estate Transactions: The Essential RESPA,” State Bar of Michigan Real Property Law Section 59th Annual Meeting, September 21, 1994

“Recent Developments in Usury and Fair Credit,” State Bar of Michigan Real Property Law Section 21st Annual Summer Conference, July 26, 1996

“Federal Regulation of Mortgage Transactions,” 1997 Florida Bar Association and Real Property, Probate and Trust Law Section Seminar on Selected Issues in Advanced Mortgage Law, April 10-11, 1997

“Shortcuts to Success Using the Internet,” State Bar of Michigan Real Property Law Section 24th Annual Summer Conference, July 24, 1999

“RESPA, A Roundtable Discussion,” State Bar of Michigan Real Property Law Section 31st Annual Summer Conference, July 15, 2006

“Roundtable Discussion: Mortgage Lending Update,” 2008 Real Property Law Section Summer Conference, July 17-19, 2008, (Grand Traverse Resort, Grand Traverse, MI)

“New Developments in Residential Transactions” (a round table discussion), Michigan Bar Real Property Section Summer Conference, July 17-18, 2009 (Grand Hotel, Mackinac Island, MI)

“RESPA Compliance Issues and Updates,” American Bar Association Regulatory Compliance Conference, San Diego, CA June 2010

OTHER CE PRESENTATIONS AND TRADE ORGANIZATION PRESENTATIONS

“Cooperative Business Efforts and Recent Developments Under RESPA and HUD’s Regulation X,” and “New Flood Insurance Rules,” Michigan League of Savings Institutions, 1995 Attorneys Conference, December 12, 1995

“Recent Developments Under RESPA and HUD’s Regulation X, and the Truth-in-Lending Act and Regulation Z,” Michigan League of Savings Institutions, 1996 Banking Law & Compliance Conference, October 24, 1996

“Regulation B:  The Basics and Potential Legal Pitfalls for an Agent/Broker,” Seminar on Current Developments in Fair Housing Law for Real Estate Professionals, Wayne State University Law School, November 21, 1996

“The Impact of Section 8 of RESPA on the Title Insurance Industry,” Michigan Land Title Association Midwinter Meeting, February 17, 1997

“Issues for the 21st Century:  Telemarketing, Internet Loan Applications and the New FNMA/FHLMC Uniform Documents,” Michigan League of Community Banks 1999 Banking Law & Compliance Conference, May 25, 1999

“Financial Privacy is a Long Four Letter Word,” Great Lakes Chapter of the Appraisal Institute CE program, February 8, 2002

“Privacy Act, Cash Transaction Reporting & Suspicious Activity Reporting,”

Michigan Land Title Association 2003 Spring Education Seminar, April 16, 2003

“Everything You Ever Wanted To Know About Real Estate Closings In Michigan But Were Afraid To Ask,” Lorman Education Services seminar, May 20, 2003 (presentations on predatory lending, information security and financial privacy laws)

“Financial Privacy Act, Cash Transaction Reporting & Suspicious Activity Reporting,” and “Regulation Z: The FRB’s Answer to Rubik’s Cube,” Ohio Title Agent/Attorney Continuing Education Program sponsored by LandAmerica; Cleveland, Ohio, October 10, 2003

“Affinity Relationships Under RESPA,” Metropolitan Consolidated Association of Realtors Continuing Education Program (Risk Management Series), various dates in the Fall of 2004

“The FACT Act & Compliance is a Long Four Letter Word,” Michigan Mortgage Lenders Association, February 3, 2005.

“Current Employment Issues For Mortgage Companies,” Michigan Mortgage Brokers Association, June 20, 2005, and panel discussion, The MMBA Expo, September, 2005

“Identity Theft,” Michigan Mortgage Lenders Association Mortgage Fraud Seminar, September 20, 2006.

“Strategies for Dealing with Repurchase Requests (panel discussion),” and “Pre-Funding Fraud Detection Techniques: What Works & What Doesn’t,” 4^th National Forum on Preventing and Resolving Mortgage Fraud, American Conference Institute, November 8-9, 2007 (Mandalay Bay Casino and Resort, Las Vegas, Nevada).

“How to Manage Your Affinity Relationships under RESPA” and “Recognizing Twenty One Flavors (or more) of Mortgage Fraud,” Certified Mortgage Planning Specialist Institute, January 21-23, 2008 (Tysons Corner Marriott, Washington, DC)

“Overcoming Competency and Fraud Challenges (panel discussion),” Reverse Mortgage Compliance, American Conference Institute, January 30-31, 2008 (Bally’s Las Vegas, Las Vegas, Nevada)

“Practical Law: Mortgage Fraud” Bloomfield Community Television show hosted and produced by Henry Gornbein, February 21, 2008

“HUD’s Proposal to Revise RESPA”:

Seminar with Chip Cummings, March 27, 2008

Michigan Mortgage Brokers Association, March 19, 2008 (Livonia, MI)

Michigan Mortgage Brokers Association, April 17, 2008 (Grand Rapids, MI)

AllRegs Webinar, May 5, 2008

“Managing Your Affinity Relationships Under RESPA,” AllRegs Webinar, June 17, 2008

“Proposed Revision of RESPA Regulations: A Discussion of the Emperor’s Clothes (or Lack Thereof),” 2008 Michigan Land Title Association Summer Conference, July 21, 2008, Frankenmuth, MI

Certified Mortgage Planning Specialist Institute Teleconference on RESPA and FHA Mortgagee Approval Issues, July 24, 2008

“Mortgage Radio: TILA - New Rules for Compliance,” Sponsored by October Research, August 13, 2008 (with Joseph Kolar, Bennet Koren, and Robert Cook)

“RESPA Radio: Complying with the Final RESPA Reform Rule,” Sponsored by October Research, December 4, 2008 (with Ivy Jackson, Laura Gipe, Phil Shulman, Jeffrey Arough, and Christopher Cruise)

Teleconferences and Webinars Regarding MDIA Implementation:

Michigan Mortgage Lenders Association (with Sam Chrome of Mortgage U, Inc.), June 23, 2009

AllRegs (with Rod Alba, Senior Counsel for the American Bankers Assn.), July 20, 2009

Mortgage Markets Committee of the American Bankers Association, August 5, 2009

Genworth Community Bank Roundtable, Ohio Community Banks, August 25, 2009

“MDIA Steps to Implementation,” AllRegs Webinar, September 21, 2009 (with Richard Andreano)

Genworth Community Bank Roundtable, New York Community Banks, October 6, 2009

“Affinity Relationships and RESPA,” National Assn. of Home Builders Executive Officers Conference, August 14, 2009 (The Galt House, Louisville, KY)

“The New GFE: Countdown to Compliance,” October Research Teleconference, October 6. 2009 (with James Milano and Vicent Danzi)

“The Latest on GFE, Regulation Z and HUD Rule Changes,” Michigan Association of Mortgage Professionals (formerly Michigan Mortgage Brokers Assn.), 2009 Annual Expo Trade Show, November 5, 2009

“Understanding RESPA Reform,” AllRegs Webinar, November 12, and December 14, 2009 (with Richard Andreano). This program was repeated seven times for individual AllRegs clients (with Robert Maddox).

“RESPA Reform - Fact vs. Fiction,” a Chip Cummings Unlimited! Webinar, December 8, 2009 (with Richard Andreano).

“Living in Interesting Times,” Ohio Mortgage Bankers Association Annual Educational Program, December 10, 2009 (DoubleTree Worthington Hotel, Columbus, OH)

EXPERT TESTIMONY

MERS, Inc. v. Lambert, Case No. CV-02-482270, Cuyahoga Common Pleas Court (April 2005 and December 2006)

BAR MEMBERSHIPS AND OFFICES

State Bar of Michigan

Real Property Law Section

Secretary (1997-1999)

Council Member (1995-2001, and 2003-present)

Residential Transactions Committee (past Chairperson)

Business Law Section

Institute of Continuing Legal Education

Technology Training Advisory Board (1997-2000)

American Bar Association

Howard A. Lax

online at

visit superlawyers.com

hlax@lipsonneilson.com