Mortgage Lending Practices Under Fire

Responding to Heightened Federal Enforcement and Mitigating Litigation Risks

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Wednesday, December 2, 2009
Recorded event now available


This CLE seminar will discuss the compliance, enforcement and litigation risks resulting from the changing regulatory regime in mortgage lending. The panelists will provide strategies to mitigate litigation risks at each juncture during the life of a mortgage loan, from origination through secondary market transactions.

Description

Lawsuits against lenders and servicers over loan modifications, appraisals and foreclosures have skyrocketed following a flood of new state and federal laws regulating mortgage lending, along with constantly evolving government interpretations of lender and servicer responsibilities to borrowers.

New and proposed regulatory changes impact appraisal, fee disclosure and servicing practices and the types of mortgage products available to prospective homebuyers.

Counsel for mortgage lenders and servicers should study the increasing case filings to understand litigation and regulatory trends, identify risks and vulnerabilities for their clients, and establish strategies to mitigate against potential litigation exposure.

Listen as our authoritative panel discusses the compliance, enforcement and litigation risks resulting from the new and changing regulations for mortgage lending. The panelists will examine a mortgage loan from origination, to servicing, to the secondary market and provide strategies to mitigate litigation risks at each juncture during the life of the loan.

Outline

  1. Current legal trends impacting mortgage lending practices
    1. Regulatory and enforcement activity
      1. Regulation of appraisals
      2. HUD’s new RESPA regulatory amendments and fee disclosures
      3. Financial regulatory proposals impacting mortgage products
      4. FTC’s new mortgage rules for loan modification and mortgage servicing
    2. Increased mortgage litigation
      1. Appraisal lawsuits
      2. Foreclosure lawsuits
      3. Mortgage-backed securities lawsuits
  2. Strategies to proactively mitigate legal risk during life of mortgage loan
    1. Loan origination best practices
    2. Loan servicing best practices
    3. Best practices in secondary market transactions

Benefits

The panel will review these and other key questions:

  • What are the current litigation and enforcement trends affecting the mortgage lending industry?
  • What common mistakes do lenders and servicers make in mortgage origination and servicing that can lead to lawsuits and government investigations?
  • What best practices should lenders and servicers employ to minimize litigation exposure arising from loan modifications, appraisals and foreclosures?

Faculty

Patrick F. McManemin, Partner
Patton Boggs, Dallas

With more than 30 years’ experience, his practice has included major jury trials and commercial arbitrations, as well as reorganizations and workouts of troubled and distressed companies in industries such as investment banking, financial services, insurance, real estate (including affordable housing and tax credit projects), banking, structured finance, securities and energy.

Gerald B. Alt, President and CEO
HEART Financial Services, Northbrook, Ill.

He founded HEART, a full service loss mitigation outsourcing company, in April 2007. HEART has worked on nearly 1 million loan modification solicitations with a closing rate in excess of 40%. A licensed attorney, he has significant experience handling complex real estate and title matters. He is also President of LOGS Network, a group of 24 commonly owned and centrally managed law firms in 31 states.

Amy Levenson, Managing Director and Chairman of Commercial Real Estate Loans and Properties
NewOak Capital, New York

She has a combined 25 years of experience as an institutional bond trader and, separately, as an institutional fixed income salesperson. The bulk of her career was spent at Goldman Sachs, where she was head bank note trader in the early 90's. She has extensive experience in trading and structuring REITs, homebuilders, financials and insurance companies, among other products.

Michael S. Waldron, Partner, Moderator
Patton Boggs, Dallas

He helps clients navigate transactional, regulatory and litigation matters facing the financial services and mortgage banking industries today. He advises and represents mortgage companies, financial institutions and secondary market investors on the complexities of the current marketplace and serves as outside general counsel for emerging market players in the consumer financial services space.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, CO, MO, MT, OR*, TX*, VT, WA.
Upon request, also available in: CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $149.00
Available 24 hours after the live event

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Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CO, CT, HI, MO, MT, NY, OR, TX*, VT, WA, WV. Upon request, self-study credit is also available in: FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)

Webinar Download (Slide Presentation with Audio) $49.00
Available three business days after the live event

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DVD (Slide Presentation with Audio) $49.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio Only) $49.00
Available 24 hours after the live event

How does this work?

CD (Audio Only) $49.00 plus $9.45 S&H
Available ten business days after the live event

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

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Program Materials

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Customer Reviews

The presentation was not too long, but included a great deal of information. The speakers kept to their times and provided an opportunity for questions at the end.

Amy E. McShane

Phillips Lytle LLP

The program covered a fair amount of material in a short time period.

Dawn Sharff

Bradley Arant Boult Cummings LLP

Very good current, practical and applicable discussion and information provided.

Matthew Moore

Clawson & Staubes, LLC

Length was ideal and the topic was timely. Excellent!

Jeanette Henderson

University of Washington

I appreciated that there was a great deal of current case law on the subject and the speakers were concise and informative.

Thomas G. Mancuso

Haskell Slaughter

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Real Estate Law Advisory Board

David A. Barksdale

Partner

Alston & Bird

Jacob Bart

Partner

Stroock & Stroock & Lavan

Brian W. Blaesser

Partner

Robinson & Cole

Ronald B. Grais

Of Counsel

Jenner & Block

Ren R. Hayhurst

Partner

Bryan Cave

Thomas C. Homburger

Of Counsel

K&L Gates

Susan C. Tarnower

Counsel

Kilpatrick Townsend & Stockton

Clark T. Thiel

Partner

Jones Day

or call 1-800-926-7926

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