This seminar is designed for attorneys, vice presidents, bankers and loan officers, collections managers, and real estate professionals.
This program will focus on issues relating to mortgage foreclosures. The program will review practical foreclosure techniques for the lender and for the practitioner. In addition, issues regarding bankruptcy and foreclosure will be addressed, as well as issues regarding proper procedures to collect debts from borrowers and potential claims against lenders in the course of their recovery of security for the debt.
Some specific topics to be discussed include:
• Overview Of Foreclosure In Utah
• Non-Judicial Foreclosure
• Title Examination And Insurance
• Foreclosure Defenses And Litigation Issues
• Bankruptcy Issues
• Panel Discussion On Foreclosure Topics
9:00 a.m. - 10:00 a.m.
I. Overview Of Foreclosure In Utah
A. Non Judicial versus Judicial
B. Recent Statutory Developments
C. Deficiency Judgments
D. HUD Commissioner Foreclosures
E. Industry Development
F. Effects Of Outsourcing
10:00 a.m. - 10:15 a.m.
10:15 a.m. - 11:15 a.m.
II. Non Judicial Foreclosure
A. Substitutions Of Trustee And Notices Of Default
B. Noticing Of Sale
C. Conduction Of Sales
D. Payment Of Bids
E. Excess Proceeds From Sales
F. Posting Sale Information On Web Sites
11:15 a.m. - 12:15 p.m.
III. Title Examination And Insurance
A. TSG Or Title Report
B. Title Curative Issues
C. Dealing With County Recorders
D. Underwriter Policies And Procedures
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:15 p.m.
IV. Foreclosure Defenses And Litigation Issues
A. Fair Debt Collection Practices Act
B. Defending Actions To Enjoin Foreclosure
C. Defending Actions To Set Aside Foreclosure
D. Dealing With “Militia Men”
E. Solders And Sailors Civil Relief Act And State Equivalent
2:15 p.m. - 2:30 p.m.
2:30 p.m. - 3:30 p.m.
V. Bankruptcy Issues
A. Effect Of Automatic Stay
B. Dealing With Repetitive Filings
C. Bankruptcy By Subordinate Lienholders
D. Cramdowns/Lien Stripping
E. Protecting The Secured Creditor
F. The Impact Of ECF
3:30 p.m. - 4:30 p.m.
VI. Panel Discussion On Foreclosure Topics
A. Loss Mitigation – Alternatives To Foreclosure
B. Deficiency Judgments
C. Post-Foreclosure Evictions