Contested Mortgage Foreclosure, MERS and Beyond: Latest Developments

Navigating MERS Challenges, Securitization, Loan Modifications, FDCPA, TILA and More

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


Conducted on Wednesday, December 11, 2013

Recorded event now available

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Program Materials

This CLE webinar will discuss trends and developments in residential mortgage claims, including challenges to MERS and securitization in contested foreclosures, HAMP and loan modification claims, and TILA claims, as well as the impact of the California Homeowner Bill of Rights and CFPB’s expansion of the FDCPA to original creditors.

Description

Transactions involving MERS and mortgage-backed securities (MBS) are frequently invoked in an attempt to contest judicial and non-judicial foreclosures. Various claims may arise due to perceptions about the MERS or MBS business model or structure. Court decisions continue to evolve.

Borrower claims under TILA are also evolving, as are claims regarding improper loan modifications. The California Homeowner Bill of Rights, effective earlier this year, made changes to non-judicial foreclosure protocols presenting another hurdle for lenders.

The CFPB recently pronounced that all financial institutions regulated under the Dodd-Frank Act are now subject to the FDCPA, regardless of whether they are the original creditors. This will likely add to a borrower’s arsenal of claims to contest foreclosures.

Listen as our authoritative panel of attorneys discusses trends and developments in residential mortgage claims, including issues regarding MERS, MBSs, HAMP and loan modifications, TILA, the FDCPA, and the California Homeowner Bill of Rights.

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Outline

  1. Challenges to MERS as mortgagee of record and holder of note
  2. Securitization issues
  3. HAMP and loan modification claims
  4. TILA 1641(f)(2) and (g) claims
  5. FDCPA and CFPB Bulletins 2013-07 and 2013-08
  6. California Homeowner Bill of Rights

Benefits

The panel will review these and other key questions:

  • What are the most effective defenses to an attack on MERS documentation?
  • What are the most common securitization-based theories of liability against MBS holders and what are effective defenses?
  • What are the more common theories of liability for loan servicers and lenders arising from failed mortgage loan modifications?
  • What are the latest developments in TILA 1641(f)(2) and (g) claims?
  • How have the recent CFPB bulletins on the scope of the FDCPA altered the landscape of debt collection activities for financial institutions?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

John R. Chiles
John R. Chiles

Partner
Burr & Forman

He practices in the firm’s Consumer Finance Practice Group of the Litigation Section. His current practice...  |  Read More

Katrina Christakis
Katrina Christakis

Partner
Pilgrim Christakis

Her practice focuses on defending banks, housing and auto finance companies, retailers, loan servicers, credit card...  |  Read More

Gregory S. Korman
Gregory S. Korman

Partner
Katten Muchin Rosenman

He concentrates his practice in litigation and dispute resolution representing financial services and other clients...  |  Read More

Joseph J. Patry
Joseph J. Patry

Atty
Blank Rome

He focuses his practice in consumer finance litigation, handling a wide range of complex commercial litigation...  |  Read More

Andrew K. Stutzman
Andrew K. Stutzman

Partner
Stradley Ronon Stevens & Young

He focuses his significant litigation practice in the financial and lending industries. He resolves single plaintiff...  |  Read More

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