Contested Mortgage Foreclosure, MERS and Beyond: Latest Developments
Navigating MERS Challenges, Securitization, Loan Modifications, FDCPA, TILA and More
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course 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.
Outline
- Challenges to MERS as mortgagee of record and holder of note
- Securitization issues
- HAMP and loan modification claims
- TILA 1641(f)(2) and (g) claims
- FDCPA and CFPB Bulletins 2013-07 and 2013-08
- 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
Partner
Burr & Forman
He practices in the firm’s Consumer Finance Practice Group of the Litigation Section. His current practice... | Read More
He practices in the firm’s Consumer Finance Practice Group of the Litigation Section. His current practice features a concentration on class action and mass action litigation in the area of mortgage and consumer finance law. He has served as lead counsel in numerous class actions and mass actions brought under an array of federal consumer protection statutes and state law theories.
CloseKatrina Christakis
Partner
Pilgrim Christakis
Her practice focuses on defending banks, housing and auto finance companies, retailers, loan servicers, credit card... | Read More
Her practice focuses on defending banks, housing and auto finance companies, retailers, loan servicers, credit card issuers, short term lenders, debt buyers and collectors in individual and class action cases in state and federal courts. She assists clients in general commercial litigation matters, including inter-creditor disputes, title and lien priority disputes, and breach of contract actions.
CloseGregory S. Korman
Partner
Katten Muchin Rosenman
He concentrates his practice in litigation and dispute resolution representing financial services and other clients in... | Read More
He concentrates his practice in litigation and dispute resolution representing financial services and other clients in a variety of business litigation matters, with a focus on commercial and consumer finance issues. He has handled individual and class actions involving many financial products including credit cards, residential and commercial mortgages, mezzanine loans and negotiable instruments.
CloseJoseph J. Patry
Atty
Blank Rome
He focuses his practice in consumer finance litigation, handling a wide range of complex commercial litigation matters... | Read More
He focuses his practice in consumer finance litigation, handling a wide range of complex commercial litigation matters in cases involving negotiable instruments, mortgage assignments, loan origination claims, foreclosures, real property, and similar statutes. Prior to joining the firm, he was in-house counsel at MERSCORP Holdings, Inc. where he was responsible for managing MERS’ litigation.
CloseAndrew 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
He focuses his significant litigation practice in the financial and lending industries. He resolves single plaintiff and class action disputes in federal, state and bankruptcy courts. Actions he oversees may arise from origination, servicing, reporting and collection, state consumer protection acts, fraud and suitability claims, complex foreclosures, and discrimination claims.
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