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 premium CLE webinar with Q&A

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Conducted on Wednesday, June 6, 2012

Recorded event now available

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Course Materials

This CLE course 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.


As the onslaught of mortgage foreclosures continues, contested foreclosures in both judicial and nonjudicial foreclosure states have increased. The result is emerging legal precedent regarding the validity of the underlying loans.

The ability of MERS to enforce remedies under a mortgage continues to be challenged with some courts receptive to borrower arguments.

Lenders must be prepared to counter borrower defenses and address typical borrower counterclaims under TILA, RESPA, FDCPA and UDAP, as well as to deal with allegations about documentation errors.

Listen as our authoritative panel of financial services practitioners guides you through the process of defending contested mortgage foreclosures and provides best practices for lender’s counsel to successfully defend these claims.



  1. Standing issues
  2. MERS litigation
  3. Documentation issues
  4. Borrower defenses and counterclaims
    1. Impact of Dodd-Frank
    2. HAMP/breach of contract
    3. TILA
    4. RESPA
    5. FDCPA
    6. UDAP


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.


Andrew K. Stutzman
Andrew K. Stutzman

Stradley Ronon Stevens & Young

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

Gregory P. Dresser
Gregory P. Dresser

Morrison & Foerster

He has a broad civil litigation practice and represents financial institutions in actions alleging violations of TILA,...  |  Read More

Reid S. Manley
Reid S. Manley

Burr & Forman

Mr. Manley specializes in financial services litigation representing consumer finance and mortgage companies...  |  Read More

Joseph J. Patry
Joseph J. Patry

He has been a Counsel at MERSCORP Holdings, Inc. since January 2008. He works on litigation in nearly 400 cases...  |  Read More

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