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Current Foreclosure Alternatives  

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This basic-to-intermediate level course provides a walkthrough of foreclosure avoidance considerations and procedures for attorneys. It may also benefit lenders, real estate professionals and accountants.

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Seminar Summary:

This seminar will review the process of choosing the best option for clients, pros and cons of each option, tax considerations of foreclosure avoidance techniques and procedures, and a brief discussion of future trends and expectations in the mortgage industry. (see full course description)

 

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Training Course Syllabus:


Skillfully Handle Your Client's Case With Ease

The foreclosure practice area is constantly evolving and the industry is showing no signs of slowing down. With new laws and regulations developing so rapidly, it is pertinent that foreclosure attorneys stay current on the latest workout and foreclosure avoidance options. However, it can be confusing or difficult for even the most experienced practitioners to remain up to date. This seminar will review the process of choosing the best option for clients, pros and cons of each option, tax considerations of foreclosure avoidance techniques and procedures, and a brief discussion of future trends and expectations in the mortgage industry. Don't miss this opportunity to refresh your skills. Register today!

  • Review the latest state specific foreclosure alternative programs available in your practice.
  • Use effective checklists to choose the best foreclosure avoidance option for your client.
  • Recognize the pros and cons of loan modification techniques.
  • Identify the process for working through forbearance agreements.
  • Understand what rights, duties and responsibilities a receiver has in regards to the foreclosed property.
  • Utilize successful techniques for negotiating the settlement agreement of deeds-in-lieu of foreclosure.
  • Avoid conflicts of interest in foreclosure cases.
  • Discuss with experienced practitioners the outlook for the foreclosure and mortgage industry.


Overview
9:00 - 10:00, Benjamin C. Struby and Anthony L. Gosserand

  • Types of Foreclosure Avoidance Techniques Available
  • Working With the Homeowner
  • Working With the Bank
  • How to Choose the Best Option for Your Client (With Checklist)
  • When Bankruptcy Enters the Picture

Home Retention Techniques
10:15 - 12:15, Jonathan C. Becker and Anthony L. Gosserand
This portion of the day will include: practical procedures, pros and cons, tax considerations, risks and required documentation for foreclosure avoidance options that allow the debtor to keep his or her home.

  • Loan Modifications
    • Current Mortgage Modification Policies
      • Drafting the “Hardship Letter”
      • Common Modifications Offered
    • Negotiation Techniques
  • Forbearance Agreements
    • Reviewing Existing Documents
    • Clauses to Include and Avoid
    • Defining the Guaranty Agreement
  • Re-Amortization
    • Eligibility
    • Adjustable Rate Mortgages (ARMs)
    • Negative Amortization
  • Partial Reinstatements
    • Proof of Available Funds
    • Lump Sum vs. “Extra” Payments
  • HUD Partial Claim
    • Requirements to Qualify
    • Application Process
    • Terms of the Claim
  • State Payment Assistance Programs
    • Remedies Available
    • Qualifications

Home Discharge Options
1:15 - 2:30, Julie A. Haverly Anderson
This portion of the day will include: practical procedures, pros and cons, tax considerations, risks and required documentation for foreclosure avoidance options that involve conveyance of the debtor's home.

  • Deeds-in-Lieu of Foreclosure
    • Conveyance Stating Transaction is in Good Faith and Voluntary
    • Negotiating the Settlement Agreement
    • Title to Collateral
  • Short Sale
    • The Short Sale Request
    • Parties Involved
    • Short Sale Package – Reviewing Documentation
    • Implications
  • Private Sale
  • Pre-Foreclosure Sale

Ethics
2:45 - 3:45, Anthony L. Gosserand

  • Client-Lawyer Relationship
  • Conflicts of Interest
  • Lender Liability Issues
  • Mortgage Foreclosure Defense
  • Attorneys' Fees and Expenses

Future Trends and Expectations in the Mortgage and Foreclosure Industry
3:45 - 4:30, Jonathan C. Becker, Anthony L. Gosserand, Julie A. Haverly Anderson and Benjamin C. Struby.
This portion of the day involves 45 minutes of discussion regarding where the industry is headed in the next year.

Seminar Summary:

This seminar will review the process of choosing the best option for clients, pros and cons of each option, tax considerations of foreclosure avoidance techniques and procedures, and a brief discussion of future trends and expectations in the mortgage industry. (see full course description)

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