Defending Contested Mortgage Foreclosure Litigation
Overcoming Challenges to Lender Documentation, MERS and Other Standing Issues, and Borrower Defenses and Counterclaims
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide best practices for lenders and their counsel in defending contested mortgage foreclosures, focusing on critical issues such as lender documentation, MERS and other standing issues, typical borrower defenses and counterclaims asserted.
Outline
- Standing issues
- MERS litigation
- Documentation issues
- Borrower defenses and counterclaims
- Impact of Dodd-Frank
- HAMP/breach of contract
- TILA
- RESPA
- FDCPA
- UDAP
Benefits
The panel will review these and other key questions:
- How are borrowers attacking standing to initiate foreclosure proceedings?
- What affirmative defenses or counterclaims are generally raised?
- What lessons have been learned from past foreclosure documentation issues?
- How have courts addressed the validity of MERS?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
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
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.
CloseGregory P. Dresser
Partner
Morrison & Foerster
He has a broad civil litigation practice and represents financial institutions in actions alleging violations of TILA,... | Read More
He has a broad civil litigation practice and represents financial institutions in actions alleging violations of TILA, FDCPA, FCRA and unfair competition laws, as well as commercial lenders in actions asserting claims for breach of contract, lender liability, fraud, and false advertising. He also represents lenders in actions seeking judicial foreclosure and enforcement of guaranties.
CloseReid S. Manley
Partner
Burr & Forman
Mr. Manley specializes in financial services litigation representing consumer finance and mortgage companies... | Read More
Mr. Manley specializes in financial services litigation representing consumer finance and mortgage companies nationwide and defends single plaintiff as well as consumer mass actions and class actions. He handles mortgage cases involving loan origination issues, servicing issues and contested foreclosures and represents mortgage companies and correspondent lenders in repurchase and/or make-whole disputes.
CloseJoseph J. Patry
Counsel
MERSCORP Holdings
He has been a Counsel at MERSCORP Holdings, Inc. since January 2008. He works on litigation in nearly 400 cases... | Read More
He has been a Counsel at MERSCORP Holdings, Inc. since January 2008. He works on litigation in nearly 400 cases pending around the country in both state and federal court. He is a 2006 magna cum laude graduate of the University of Maine School of Law and graduated magna cum laude in 2003 from The George Washington University in Washington, DC.
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