Residential Mortgage Servicing and Foreclosure Challenges in an Evolving Regulatory and Litigation Environment

Navigating Foreclosure Re-Filings, Hearsay Objections, Post Servicing Transfers, Loss Mitigation, FDCPA and TCPA Developments, and More

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


Conducted on Tuesday, December 16, 2014

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide best practices for lenders and their counsel in navigating the evolving regulatory and litigation environment regarding mortgage servicing transfers, loss mitigation and mortgage foreclosure litigation, as well as the challenges lenders and servicers face defending claims in the bankruptcy courts.

Description

Early intervention and loss mitigation requirements have a significant effect on actions servicers can take regarding residential mortgage foreclosure. The CFPB’s recently issued guidance regarding mortgage servicing transfers replaces prior guidance and clarifies how the agency’s mortgage servicing rules apply to servicing transfers.

Mortgage loan modification issues are often key elements of suits arising from contested foreclosures as affirmative claims. Counsel for lenders and servicers must understand the trends in loss mitigation litigation and the relationship between loss mitigation and wrongful foreclosure claims.

Lenders and servicers are also faced with navigating claims through bankruptcy court and must be mindful of evolving developments in FDCPA liability for filing proof of claims.

Listen as our authoritative panel of financial services practitioners guides you through the regulatory maze regarding residential mortgage servicing, loss mitigation rules, and litigation risks and trends in mortgage foreclosure litigation.

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Outline

  1. Statute of limitations and res judicata in foreclosure actions after a dismissal
  2. Business records exception to the hearsay rule for prior servicers records
  3. CFPB’s early intervention and loss mitigation rule
  4. TCPA developments
  5. Bankruptcy discharge reporting post servicing transfer
  6. FDCPA liability for proofs of claim and other bankruptcy filings
  7. Recent trends in loss mitigation litigation
  8. The MERS System: How it works
  9. Evolving theories arising out of California’s statutory scheme for nonjudicial foreclosures

Benefits

The panel will review these and other key issues:

  • Interface of the new loss mitigation and mortgage servicing regulations with the foreclosure process
  • Liability risk for loan servicers and lenders arising from failed loss mitigation litigation
  • How to accurately describe the MERS® System and its role in the chain of title
  • Bankruptcy discharge reporting post servicing transfer and FDCPA liability for bankruptcy proofs of claim

Faculty

Christy A. Ames
Christy A. Ames

Member
Stites & Harbison

Ms. Ames joined the firm in 2007 after serving five years as General Counsel of a residential mortgage lender. ...  |  Read More

Brian Blake
Brian Blake
Counsel
MERSCORP Holdings

Mr. Blake has been in-house counsel to MERSCORP Holdings since 2011, focusing on managing litigation involving MERSCORP...  |  Read More

Hunter R. Eley
Hunter R. Eley

Managing Partner
Doll Amir & Eley

Mr. Eley is the Chair of the Firm’s financial services practice. He has served as lead counsel in defense of...  |  Read More

Reid S. Manley
Reid S. Manley

Partner
Burr & Forman

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

Andrew K. Stutzman
Andrew K. Stutzman

Partner
Stradley Ronon Stevens & Young

Mr. Stutzman's a trial lawyer who founded and chairs the Mortgage and Lending Practice at the firm. His team...  |  Read More

Ralph T. Wutscher
Ralph T. Wutscher

Principal
McGinnis Wutscher Beiramee

Mr. Wutscher's practice focuses primarily on representing consumer and commercial financial services companies as a...  |  Read More

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