Mortgage Lending Today: Litigation and Regulatory Guide
Confidently Navigate the Mortgage Lending Landscape
The mortgage industry has been bombarded with lawsuits, retroactive requirements and new regulations since the residential real estate crisis began. As new government agencies assert their power and define responsibilities, lenders and servicers are left to work out the details on their own volition. Can you confidently implement new compliance requirements while minimizing the negative impact it can have on your business' operations? Litigation is also a growing concern for mortgage servicing general counsel. Consumers are and will continue to seek legal representation to defend their rights and homes from foreclosure; are you able to combat the latest defense tactics? This is a must-attend seminar for any attorney, lender or servicer who is looking to remain up to date on the latest developments. Register today!
- Recognize the compliance requirements for single point of contact (SPOC) and know the various interpretations and definitions of the initiative.
- Identify significant cases in MERS litigation and apply them to your client's cases.
- Know how homeowners' attorneys are utilizing the “standing” defense and confidently combat their tactics.
- Listen to experienced faculty discuss the pros and cons of mediation programs.
- Review the latest litigation trends in force-placed insurance claims and foreclosed properties.
- Avoid common ethical dilemmas associated with foreclosure litigation.
- TILA, RESPA and SCRA Fair Lending Claims
9:00 - 10:00, Matthew S. Sullivan
- Statute of Limitations
- Best Practices for Checking SCRA Records
- RESPA Section 8 (a) Litigation
- Improper Disclosure on Good Faith Estimates
- Combating Fair Lending Fraud Claims
- Performing a TILA Forensic Loan Audit and TILA Rescission Rights
- Loss Mitigation Strategies and Litigation
10:00 - 10:30 and 10:45 - 11:15, Joshua Schaer
- Eligibility Requirements and Conditions of Retention Alternatives
- Utilizing the Home Affordable Modification Program (HAMP)
- Applicability of the Second Lien Modification Program (2MP)
- Best Practices for Combating Claims in Litigation
- HAMP/HAFTA Causes of Action and Current Developments
- Pre-Foreclosure Meetings and Foreclosure Mediations Under the Washington FFA
- Condominium and Homeowner Association Issues
11:15 - 12:15, Brian S. Sommer
- Overview of Associations and Assessments
- How to Determine Which of Three Bodies of Association Law Applies
- Super Priority Lien Litigation and Uncertainties
- Strategies for Dealing With Associations
- Confidently Working Through the Foreclosure and Short Sale Process
1:15 - 2:15, Matthew S. Sullivan
- Standing Defense and Compliance Issues
- Proof of MERS Assignments and MERS Litigation
- Countering Claims of Loan Documentation Error
- Remedying Assignment and Title Discrepancies
- The Mechanics of Promoting Short Sales
- Other Notable Topics
2:15 - 3:15, Hugo Torres
- State Attorneys General Settlement
- Real Estate Scams to be Aware of
- Trends in Real Estate Fraud
- Criminal Investigation and Prosecution in Mortgage Lending and Borrowing
- Robo-Signing What is it, how to Avoid it
3:30 - 4:30, Joshua Schaer
- Client-Lawyer Relationship - Scope of Representation
- Conflicts of Interest
- Candor to the Court
- Attorney's Fees and Expenses
- Liability for Foreclosure Defects and Procedural Errors