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 issues relating to foreclosure. The program will review practical foreclosure techniques for the lender and for the practitioner. In addition, issues regarding bankruptcy and foreclosure will be addressed.
Some specific topics to be discussed include:
• Mortgage Foreclosures – Commercial And Residential
• Consumer Foreclosure Issues
• Common Hurdles Between Foreclosure Referral And The Sheriff’s Sale
• Bankruptcy Issues
• Alternatives To Foreclosure
• Post Sheriff’s Sale/The Sheriff’s Commission
• Ethical Considerations In Foreclosure
9:00 a.m. - 11:15 a.m.
(Break 10:15 a.m. - 10:30 a.m.)
I. Mortgage Foreclosures – Commercial
A. Pre-Filing Issues
1. Review Loan Documents
2. Breach Notifications From Lender
3. Due Diligence
B. Executory Process Foreclosure
1. Required Elements
2. Necessary Documents
3. Unnecessary Documents
C. Ordinary Process Foreclosure
1. Why Go Ordinary Process?
a. Lost Note
b. Defective Security Instrument
2. If Note Is Lost
a. Lost Note Affidavit
b. Lost Note Advertisement
c. Obtaining Judgment
d. Writ Of Fifa
D. Service Of Process
b. Absentee Defendants
c. Deceased Defendants
E. Sheriff’s Sale
1. Bidding At The Sale
2. Unpaid Taxes
3. Senior Lien Holders
II. Consumer Foreclosure Issues
11:15 a.m. - 12:15 p.m.
Lunch (On Your Own)
12:15 p.m. - 2:15 p.m.
III. Common Hurdles Between
Foreclosure Referral And The Sheriff’s
A. Fair Debt Collection Practices Act
1. Adherence To The Act – Pre Filing
2. Recognition Of The Act After Commencement
B. Service Of Process Delays
1. When To Order A Skip Trace
2. When To Appoint A Curator Ad Hoc
3. Required Duties Of Curator Ad Hoc
C. Clearing Title
1. Preserving The Lien Position
2. Canceling Mortgages Left Open Erroneously
3. Distinguishment Affidavits
4. Prescription Affidavits
a. Handling The Junior Position – Bidding “Subject To”
b. Can’t Locate A Senior Lien Holder-Mandamus/ Declaratory Judgment
D. Federal Tax Liens
1. Notice Requirements To The IRS
2. Executory v. Ordinary Process
E. Mortgage/Sheriff’s Certificates
1. Name Variances
2. Getting Those Certificates In Time...
1. Proper Notification To Junior Lien Holders Of Sheriff’s Sale
2. Requirements To Locate Junior Lien Holders
3. Adequate Notice
G. Attending The Sale
1. With Appraisal
2. Without Appraisal
IV. Bankruptcy Issues
A. Obtaining Stay Relief As A Secured Creditor
1. Chapter 13 Bankruptcy
a. Proofs Of Claim
b. Plan Confirmation
c. Pre/Post Petition Payments
d. Lifting Of The Stay
2. Chapter 13 Bankruptcy – Adequate Protection/ Modification Of The Stay
a. What Does Your Client Want?
b. Ex-Parte Relief – “Drop Dead”
c. “Double, Drop-Dead” Agreements
3. Chapter 7 Bankruptcy
a. Valuation Of The Property
b. Does The Trustee Have An Interest?
c. When Is Stay Relief Appropriate?
d. Reaffirmation Agreements
4. Chapter 11 Bankruptcy
a. How Long Until The Plan Is Filed?
b. When Can The Stay Be Lifted?
2:15 p.m. - 2:30 p.m.
2:30 p.m. - 3:30 p.m.
V. Alternatives To Foreclosure – Loss Mitigation
A. Dation En Paiement
2. Canceling Mortgage
C. Repayment Plan/Forbearance Agreement
1. The Agreement
2. Drafting A Proper Forbearance Agreement
3. Abandonment Of Foreclosure
a. Forbearance Agreement
D. Loan Modification
VI. Post-Sheriff’s Sale
A. The Sheriff’s Commission
1. Completed Sale
3. Other Loss Mitigation
B. Redemptive Period (Internal Revenue Service)
C. Deficiency Judgment
A. Demand For Possession
B. Writ Of Possession
C. VA/FHA/FNMA/FHLMC/PMI Loans
3:30 p.m. - 4:30 p.m.
VIII. Ethical Considerations In Foreclosure
A. Privileged Information/Privacy Issues
1. Attorney-Client Privilege
2. Borrower Authorization To Release Information
B. Bid Information
C. Representation of Multiple Lienholders