Don't Get Caught in the Spider Web of Regulatory Compliance!
The foreclosure landscape is changing, and with the new rules come new penalties, new borrower claims and new defenses to foreclosure. The detailed mortgage servicing rules and the increasingly complex lender liability issues provide plenty of opportunity to get tangled up in non-compliance. Learn from our expert faculty and get tips and strategies to minimize risk, satisfy requirements and ensure a smooth flowing process. Register today!
- Avoid dual tracking and ability to repay non-compliance penalties.
- Process loss mitigation applications according to new CFPB rules.
- Avoid predatory lending claims.
- Stay up to date with Freddie Mac and Fannie Mae requirements for servicers.
- Prevent liability under CERCLA (Comprehensive Environmental Response, Compensations and Liability Act).
- Handle foreclosure issues with intercreditor agreements and receiverships.
- The CFPB's Effect on the Foreclosure Industry
9:00 - 10:30, Written by Michael A. Fowdy and Christopher C. Shattuck. Presented by Michael A. Fowdy in Madison and Christopher C. Shattuck in Milwaukee
- Compliance with the Mortgage Servicing Rules
- Clear Monthly Statements
- Payments Promptly Credited
- Early Notice of Delinquency
- Direct and Ongoing Access to Servicer Personnel
- Application for Modification
- Fair Review Process
- Restricted Dual Tracking
- Interest Rate Adjustment for ARMs
- Options to Avoid Force-Placed Insurance
- Promptly Correct Errors and Provide Information
- Record Retention
- Small Servicer Exemptions
- Ability to Repay/Qualified Mortgage Rule
- RESPA and Qualified Written Requests
- No Foreclosure Until All Alternatives Considered: Processing Loss Mitigation Applications
- Defining "Application"
- Servicer's Required Diligence in Obtaining Documents and Information
- Time-Sensitive Requirements for Servicer when Application is Received
- Disclosure of Actual Reasons for Loan Modification Denial
- Time for Borrowers to Respond
- Appeals of Loss Mitigation Denials
- Requirements for Incomplete Applications
- A New Wave of Foreclosure Defense and Borrower's Claims
- To What Extent Do Borrowers Have a "Right" to Modification?
- Servicing Rules, Bankruptcy Code and the FDCPA: Required Communications
- Complex Lender Liability Issues in Foreclosure
10:45 - 11:45, Written and presented by Alyssa Johnson in both Madison and Milwaukee
- Abandoned Properties and City Ordinances
- Avoiding Liability Under CERCLA (Comprehensive Environmental Response, Compensation and Liability Act)
- Predatory Lending Claims
- Right of Rescission
- Inflated Appraisals
- Inflated Borrower's Income
- Misrepresentation of Terms
- Problematic Areas in Foreclosure
12:45 - 1:45, Written by Josh C. Kopp. Presented by Josh C. Kopp in Madison and Brian P. Thill in Milwaukee
- Intercreditor Agreements
- Issues Arising with Receiverships
- Guarantor Liability
- Buying and Selling Redemption Rights
- Lease/Tenant Issues
- Condominium and Homeowners' Association Liens
- Mixed Collateral Foreclosures
- Overcoming Standing Challenges
1:45 - 2:45, Written and presented by Alyssa Johnson in both Madison and Milwaukee
- Split the Note Theories
- Challenges to MERS
- Pooling and Servicing Agreements
- Other Current Case Law
- Updates for Freddie Mac and Fannie Mae Servicers: The Singe-Family Seller/Servicer Guide
3:00 - 3:30, Written by Josh C. Kopp. Presented by Josh C. Kopp in Madison and Brian P. Thill in Milwaukee
- Foreclosing in the Servicer's Name
- Vesting the Title
- Mortgage Insurance Master Policy Requirements
- Ethical Considerations in Foreclosure
3:30 - 4:30, Written by Michael A. Fowdy and Christopher C. Shattuck. Presented by Michael A. Fowdy in Madison and Christopher C. Shattuck in Milwaukee
- Attorney's Affirmative Duties in Foreclosure
- Avoiding Robosigning
- Description of Property in Foreclosure Sale Advertising
- Abuse of Process and Frivolous Litigation
- Attorney's Fees and Expenses