Wrongful Mortgage Foreclosure: Lender and Loan Servicer Strategies
Responding to Recent Litigation Trends, State AG Enforcement and Emerging Regulatory Initiatives
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide counsel for lenders and mortgage servicers with a review of recent developments in mortgage foreclosure litigation and enforcement, with guidance to reduce exposure to wrongful foreclosure claims, and best practices to respond to challenges to foreclosure practices.
- Evolution of legal actions resulting from the foreclosure crisis
- Emerging theories of liability for wrongful foreclosure
- State Attorneys General investigations
- Individual and class action lawsuits
- Legislative and regulatory developments
- Strategies to reduce exposure to wrongful foreclosure claims
- Notice to borrowers regarding changes to loan terms
- Adherence to loan terms
- Avoiding establishment of fiduciary relationship with borrower
- Accurate and objective borrower files
- Implementation and adherence to foreclosure policies and procedures
- Best practices for lenders facing investigations and lawsuits
The panel will review these and other key questions:
- What are the emerging theories of liability used to challenge foreclosures and loan servicing practices?
- What is the status of the settlement negotiations in the multi-state AG investigation of alleged unfair and fraudulent mortgage servicing practices?
- What are the most common mistakes mortgage servicers make when modifying or foreclosing on loans that can lead to wrongful foreclosure claims?
- What steps should servicers take when faced with allegations of wrongful foreclosure?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Michael S. Waldron
He helps clients navigate transactional, regulatory and litigation matters facing the financial services and mortgage... | Read More
He helps clients navigate transactional, regulatory and litigation matters facing the financial services and mortgage banking industries today. He advises and represents mortgage companies, financial institutions and secondary market investors on the complexities of the current marketplace and serves as outside general counsel for emerging market players in the consumer financial services space.Close
Gerald B. Alt
President and CEO
HEART Financial Services
He founded HEART, a full service loss mitigation outsourcing company, in April 2007. HEART has worked on nearly 1... | Read More
He founded HEART, a full service loss mitigation outsourcing company, in April 2007. HEART has worked on nearly 1 million loan modification solicitations with a closing rate in excess of 40%. A licensed attorney, he has significant experience handling complex real estate and title matters. He is also President of LOGS Network, a group of 24 commonly owned and centrally managed law firms in 31 states.Close
Patrick F. McManemin
With more than 30 years’ experience, his practice has included major jury trials and commercial arbitrations,... | Read More
With more than 30 years’ experience, his practice has included major jury trials and commercial arbitrations, as well as reorganizations and workouts of troubled and distressed companies in industries such as investment banking, financial services, insurance, real estate (including affordable housing and tax credit projects), banking, structured finance, securities and energy.Close
Anthony J. Laura
His experience in the financial services industry includes representing clients in commercial and class action... | Read More
His experience in the financial services industry includes representing clients in commercial and class action litigation. Before joining Patton Boggs, he was partner at a top-15 international law firm counseling a number of the world’s leading companies in complex litigation and other high-stakes disputes.Close
Christina Guerola Sarchio
She is Co-Chair of the firm's Government Investigations and Litigation Practice Group and concentrates her... | Read More
She is Co-Chair of the firm's Government Investigations and Litigation Practice Group and concentrates her practice on commercial litigation, antitrust, and white collar criminal defense matters. She has significant trial experience in federal and state courts, and has represented Fortune 500 and other clients in both criminal and civil litigation, including class actions.Close