Protecting Your Clients' Homes From Foreclosure
Defending a homeowner from foreclosure can quickly turn into a drawn out, emotional and complex process. This area of law is ever-changing, and in order to confidently advise your clients you need to know the ins and outs of foreclosure defense. Don't just assume you know the latest techniques, gain practical pointers on how to assertively protect your clients' homes. Register today!
- Understand the intricacies associated with the pooling and servicing agreement defense.
- Know how to assert the lack of standing defense to ensure the lender produces the note.
- Identify the role of MERS in foreclosure and property preservation so you can utilize the MERS defense.
- Be able to work with real estate agents and mortgage lenders so you can negotiate a short sale in your client's best interest.
- Explore the new mortgage servicing rules.
- Gain a solid understanding of the current status of HARP, HAMP, HAFA and FHFA.
- What to Look For in the New Mortgage Servicing Rules
9:00 - 9:45, Daniel Yarmesch
- Adjustable Rate Mortgages
- Forced Placed Insurance
- Payment Processing
- Monthly Mortgage Statements
- Deadline and Options for Error Correction Requests
- Record Retention
- Delinquent Borrowers: Early Notice
- Notification of Foreclosure Alternatives
- No Sale Without Consideration of Application for Loss Mitigation Option
- Application for Modification
- Fair Review Process
- Dual Tracking
- Continuity of Contact
- Truth in Lending Act (TILA) Rescission Basics
9:45 - 10:30, Gretchen Bowman
- Understanding and Using MERS as a Foreclosure Defense
10:45 - 11:15, Troy Doucet
- History of MERS and its Impact on Foreclosure Defense
- Origination of Loans Involving MERS
- Notice of Assignments
- MERS: Plaintiff or Defendant?
- Case Law Update
- Tips on Using MERS as a Defense
- Lack of Standing and Mortgagor Protection
11:15 - 12:00, Audra Tidball
- How the Standing Defense Became Significant
- Recent Case Law
- Authority to Foreclose On a Party That is Not the Original Lender
- Asserting or Challenging Standing in Federal Court
- State Court Distinctions
- Lack of Standing Raised in the Early Stages vs. Lack of Standing Raised at the Last Minute
- Update: The National Mortgage Settlement
1:00 - 1:30, Brady Lighthall
- HARP, HAMP, HAFA and FHFA
1:30 - 2:15, Brady Lighthall
- History of the Making Home Affordable Program (MHA)
- HARP Update
- Home Affordable Modification Program (HAMP) Tier 2 Update
- Home Affordable Foreclosure Alternatives (HAFA)
- Second Lien Modification Program
- HAFA Short Sales
- HAFA Deeds-in-Lieu
- Federal Housing Finance Agency (FHFA)
- Streamlined Modification Initiative
- Pooling and Servicing Agreements, Short Sales, Deeds-in-Lieu and Quiet Title
2:30 - 3:30, Brady Lighthall
- Pooling and Servicing Agreements
- Negotiating and Managing a Short Sale
- Quiet Title Actions
- Ethical Considerations in Foreclosure
3:30 - 4:30, Gretchen Bowman
- Attorney-Client Relationship
- Conflicts of Interest
- The Duty to Report Misconduct
This basic-to-intermediate program is designed for attorneys.