This seminar is designed for attorneys, presidents and vice presidents, loan professionals, credit and collection managers and other financial professionals.
This seminar will primarily focus on bankruptcy, foreclosure and repossession replevins. However, because it is common for a debtor to file bankruptcy when their property is in foreclosure and/or repossession, this seminar will also includes an overview of the bankruptcy law with a live demonstration of an initial interview of a debtor filing for bankruptcy.
This program includes a framework of procedures in debtor bankruptcy, foreclosure, replevin and deficiency judgment cases as well as strategies and procedures for secured creditors in bankruptcy.
The speakers for this program have been chosen for their knowledge and experience in the areas of debtor/creditor bankruptcy, real property, foreclosure, personal property repossession and bankruptcy as well as for their ability to present current information in a clear, concise manner. In addition to the written materials you also will receive a separate package of debtor bankruptcy intake forms to take with you back to the office to use in you own debtor bankruptcy practice if you wish.
9:00 a.m. - 9:15 a.m.
I. Overview. Iben Duped dba The “Super-Sweet” Graphite Shaft Co.
9:15 a.m. - 10:15 a.m.
A. Predatory Lending, The Problem And Solutions
B. Creation Of Security Interest In Real Property By Mortgage
C. Enforcement Of Mortgage – Foreclosure
10:15 a.m. - 10:30 a.m.
10:30 a.m. - 11:40 a.m.
II. Foreclosures (Continued)
D. Procedural Steps In Foreclosure
E. Judgment Lien Foreclosures
F. Possessory Actions Post Foreclosure
G. Mortgage Scams And Artifices On The Unsuspecting Debtor
11:40 a.m. - 12:00 p.m.
III. Defending Foreclosure Actions
A. RESPA, HOEPA And Consumer Protection Statutes
B. RESPA “Qualified Requests”, Mortgage Audits And Discovery
C. Challenging The Amount Of The Claimed Default And Other Defenses
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:15 p.m.
A. Sources Of Vehicle Law – Article 9 (Security Interests), Article 2A (Leases) And The Consumer Leasing Act
B. Distinctions The Treatment Of Statutory Liens, Judicial Liens And Security Interests
C. Is The Security Interest Enforceable?
D. Default: A Precondition To Acceleration And Repossession
E. Self Help Remedies And Protections – “Peaceful Repossession” Requirement
2:15 p.m. - 2:30 p.m.
2:30 p.m. - 3:15 p.m.
V. Iben Duped Interview/Issue Review
3:15 p.m. - 4:15 p.m.
VI. Bankruptcy – Issue Outcome And Selected Bankruptcy Topics
A. Ch. 11 Reorganization
B. Ch. 7 – Rights Of Trustee
C. Ch. 13 – Stay Provisions
D. Cases On Related Topics
4:15 p.m. - 4:30 p.m.
VII. Questions And Discussion