Leveraging UCC Art. 9 and 3, State Foreclosure Laws to Protect Enforceability of Mortgages and Promissory Notes
Overcoming Challenges of Securitization and MERS in Mortgage Foreclosure Proceedings
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide finance counsel with an analysis of mortgage notes under UCC Articles 3 and 9 and state foreclosure laws. The panel will discuss how to reconcile the UCC and state law with respect to the ownership, transfer, and enforcement of mortgage notes and mortgages.
- Comparison of UCC 9 vs. 3
- Interplay with state foreclosure laws
- Consumer arguments made in foreclosure litigation
- Case law developments
The panel will review these and other key questions:
- When does Article 3 govern the mortgage note and when does Article 9 come into play?
- What is the interplay between UCC rules on mortgage notes and state foreclosure laws?
- How have courts treated arguments that the chain of title is broken if the promissory note and mortgage deed reside in different entities?
Mr. Kantrowitz is a Member of the firm’s Business Litigation Group and has a diverse practice that focuses on... | Read More
Mr. Kantrowitz is a Member of the firm’s Business Litigation Group and has a diverse practice that focuses on complex litigation, insurance and risk management. Mr. Kantrowitz has advised clients in a variety of industries, including financial services and venture capital, and has extensive experience in negotiating and interpreting complex commercial contracts and evaluating business practices for compliance with state and federal laws and regulations.Close
O'Melveny & Myers
Mr. Martinez is a Member of the firm’s Financial Services Practice. He represents clients in a variety of... | Read More
Mr. Martinez is a Member of the firm’s Financial Services Practice. He represents clients in a variety of complex litigation matters, including consumer class actions involving claims under the FDCPA, the TILA, RESPA, and the consumer protection statutes of numerous states.He also advises clients regarding regulatory and compliance matters involving mortgage servicing and foreclosure practices.Close