This seminar is designed for attorneys, presidents and vice presidents, loan professionals, credit and collection managers, and other financial professionals.
This program will focus on the issues both directly and indirectly related to the foreclosure, repossession and debt collection process and the impact of bankruptcy on these processes. The program will seek to alert practitioners to some of the problems and requirements which must be considered in those areas. The target audience for this seminar includes attorneys, bankers and loan officers, credit managers and others involved in real property foreclosures or personal property repossessions.
The speakers for this program have been chosen for their knowledge and experience in real property foreclosures, repossession and collateral recovery and bankruptcy, as well as for their ability to present current information in a clear, concise manner.
9:00 a.m. - 10:15 a.m.
A. Documentation For Lender/Servicer
1. Enforceability Of Note And Mortgage
2. Notice Before Acceleration
3. Fair Debt Collection Practices Act
4. SC Consumer Protection Code
6. Insured/Investor Requirement (FHA, VA, FNMA, PMI)
7. Locator Software
8. Abstract And Title Insurance
9. Deficiency Judgment Demands
B. Loss Mitigation
1. Forbearance And Reinstatement Agreements
2. Short Payoff
3. Pre-Foreclosure Sale
4. Deed In Lieu
5. Loan Modification
10:15 a.m. - 10:30 a.m.
10:30 a.m. - 12:00 p.m.
II. Foreclosure (Judicial)
A. Commencement Of Foreclosure
2. FDCPA Notice
3. Service Of Process
4. Defective Service
5. Pre-Judgment Relief
B. Additional Issues
1. Contested Cases
2. Death Of Defendant
3. Omitted Lienholder
4. Notice Of Hearing, Notice Of Sale
5. Mobile Homes
6. Tax Sales
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:30 p.m.
II. Foreclosure (Judicial) (Continued)
C. Safe, Bidding And Compliance Procedures
1. Timing (Advertising)
2. Bid Instructions, Bidders
3. Protective Language In Judgments
4. Compliance And Surplus Funds Issues
5. Deficiency Judgments
1:30 p.m. - 2:15 p.m.
III. Bankruptcy System
A. Bankruptcy System
1. Types Of Relief Available To Consumers
2. Application Of The Automatic Stay
3. Proofs Of Claim
IV. Valuation Of Collateral In
V. Relief Available To Creditors In
A. Objecting To The Chapter 13 Plan
B. Lifting The Automatic Stay
C. Reaffirmative Agreements In SC
VI. Common Chapter 13 Issues
A. Lease vs. Retail Installment Contract
B. Assumption/Rejection Of Executory Contracts And Unexpired Leases
2:15 p.m. - 2:30 p.m.
2:30 p.m. - 4:30 p.m.
VII. Recovery Of Personal Property
1. Choosing The Process
2. Self-Help Recovery
4. Alternatives And Considerations
B. Pre And Post Litigation Notices
1. Notice Of Right To Cure
2. Notice Of Sale
C. Deficiency Claims
VIII. Claim And Delivery
A. Immediate Possession – Requirements
1. Summons And Complaint
3. Notice Of Right To Pre- Seizure Hearing
2. Factual Allegations