ALFN Onsite Regional Training Seminar Topics Overview

May 10, 2012

Irving Convention Center at Las Colinas, Irving, TX – Junior Ballroom

Session 1 (Track 1 & 3) - Non-Judicial Foreclosure Update in NV, TX & NC
Junior Ballroom Section A1 & A2

Track 1: 8:45 a.m. – 10:00 a.m.

Track 3: 1:30 p.m. – 2:45 p.m.

Speakers:

  • Cathe Cole-Sherburn, VP of Default, Trustee Corps/Malcolm Cisneros (ALFN Member in Nevada)
  • Grady Ingle, Esq., Managing Partner,Shapiro & Ingle, LLP (ALFN Member in North Carolina)
  • Keller Mackie, Esq., President,Mackie Wolf Zientz & Mann, P.C. (ALFN Member in Arkansas & Texas)

Session Overview:

  • Nevada Update: Review of the State of NV AB284 Affidavit
  • North Carolina Update: Discuss the uniqueness of the NC foreclosure process as well as default management.
  • Texas Update: TRCP 736 changes went into effect on January 1, 2012 and caused a delay in processing home equity foreclosures for servicers and attorneys. In addition to longer timelines, the changes also increased the filing fee costs for the attorneys. Additionally, Texas Courts continue to rule in favor of MERS assignments and against attacks on PSA’s as a method to stop foreclosures. Lastly, title insurers are further tightening underwriting guidelines for insuring Texas REO sales following a foreclosure.

Session 2 (Track 1 & 3) - Litigation Hot Topics in MN, MA & WA including HAMP, MERS & Legislative Update
Junior Ballroom Section B1 & B2
Track 1: 8:45 a.m. – 10:00 a.m.
Track 3: 1:30 p.m. – 2:45 p.m.
Speakers:

  • Joe Solseng, Esq., Attorney,Robinson Tait, P.S. (ALFN Member in Washington)
  • David Rosen, Esq., Litigation Attorney,Guaetta & Benson, LLC (ALFN Member in Massachusetts)
  • Lawrence Zielke, Esq., Attorney, Shapiro & Zielke, LLP (ALFN Member in Minnesota)

Session Overview:

  • Discuss three state supreme courts that have heard arguments against MERS recently, and any rulings that have been issued.Will discuss new mandatory mediation legislation in Oregon and the proposed amendments to Washington mediation.
  • HAMP Litigation: Numerous decisions have issued in state court, bankruptcy court, and federal district court in the first circuitrelating to borrower challenges that the lender or servicer wrongfully denied them a loan modification under the HAMP program. What do these decisions say, what are the trends, where are the inconsistencies, and how should lenders and servicers defend themselves against these challenges. Post-Ibanez cases: The Ibanez decision in Massachusetts held that the foreclosing entity had to be the holder of the assignment of mortgage prior to the date of the first publication of the notice of sale. Several post-Ibanez decisions have now issued. What are these decisions and how do they affect the foreclosure process. What new challenges are we now seeing in Massachusetts.
  • Will talk about some recent court decisions in the Minnesota Appellate Courts and Minnesota Federal District Court, and the Eighth Circuit that directly impact foreclosures, Lenders, Servicers and Foreclosure Law Firms. In particular will discuss the clear and unequivocal court decisions that the “show me the note” defense does not apply to Non Judicial Foreclosures in Minnesota.

Session 3 (Track 1 & 3) - Manufactured Housing and Vacant Property Ordinances
Junior Ballroom Section C1 & C2

Track 1: 8:45 a.m. – 10:00 a.m.
Track 3: 1:30 p.m. – 2:45 p.m.

Speakers:

  • Rich Nielson, Esq., Managing Partner,Nielson & Sherry, PSC (ALFN Member in Kentucky)
  • Kip J. Bilderback,Esq., Attorney, Millsap & Singer (ALFN Member in Missouri)
  • James Sassano, Esq., Attorney,Carlisle, McNellie, Rini, Kramer & Ulrich Co., LPA (ALFN Member in Ohio)

Session Overview:

Local Issues and Trends

In today’s environment, states, counties, and cities are all taking a more active role in the foreclosure process. Because politics is indeed local, these government entities often react in very different ways depending on the issues they have encountered. However, common trends often work their way through the states. Local issues include:

Missouri

  • Vacant Property Registration Ordinances
  • Manufactured Home Statutes

Kentucky

  • Vacant Property Registration Ordinances
  • Manufactured Home Certifications
  • Local Mediation / Loss Mitigation Requirements
  • Local Rules Restricting Service of Process, Affidavit Content, and Judgment Format
  • Eviction Standards

Illinois

  • Illinois vacant properties, particularly in Cuyahoga County, where there are rumors that the judges on Common Pleas Court will soon start ordering lenders to take properties to sale once the lender has obtained judgment.
  • Will discuss a concept to perhaps lessen the impact to lenders.

While the specifics relating to these issues might only apply in Missouri, Kentucky or Illinois, Servicers would be well advised to pay attention to the broad issues since many states have, or will address the same issues.

Session 4 (Track 2 & 4) - Super/Priority Liens, CFPB and Foreclosure Timelines & Delays in SC
Junior Ballroom Section A1 & A2

Track 2: 10:15 a.m. – 11:30 a.m.

Track 4: 3:00 p.m. – 4:15 p.m.

Speakers:

  • Joe Camillo, Esq., Managing Attorney - Default Servicing,Shechtman Halperin Savage, LLP (ALFN Member in Massachusetts)
  • Glen Rubin, Esq., Managing Partner, Rubin Lublin Suarez Serrano, LLC (ALFN Member in Tennessee)
  • Heidi Carey, Esq., Attorney, Riley Pope & Laney, LLC (ALFN Member in South Carolina)

Session Overview:

  • Super/Priority Liens: Protecting a Lender’s Mortgage Interest: From the late 1980’s through to the present, Super/Priority Lien Laws have been enacted throughout the country enhancing condominium associations, and local/federal government power and ability to collect fees at the peril of mortgage holders. These statutes are the single biggest emerging threat to lenders today due to confusion of how priority legislation works. Given the high number defaults, many first mortgage interests have been lost due to misconceptions about the laws. Accordingly, the focus shall address the fundamentals of what a Super/Priority lien is; how it is prosecuted; and defense tactics the lender can institute to not only protect its mortgage, but mitigate costs and expenses in the process. Will walk the audience through various enforcement processes in different regions of the country from start to finish.Will address best practices for lenders to develop in-house so as to identify Super/Priority Lien issues early and resolve them before significant legal costs by the prosecuting entity are incurred. This comprehensive review will also touch upon the lender’s rights, litigation, preserving the state of title, and redemption.
  • A review of the Consumer Financial Protection Bureau (CFPB) and what you need to know as it relates to our industry.
  • Focus on delays in the foreclosure process, to include client requirements (assignments, affidavits), court requirements (loss mitigation in South Carolina, to include a discussion of the SC Supreme Court Administrative Orders from 2009 and 2011) and borrower tactics (litigation, defenses).

Session 5 (Track 2 & 4) - Judicial Foreclosure Update in IN, IA, OH & FL
Junior Ballroom Section B1 & B2

Track 2: 10:15 a.m. – 11:30 a.m.

Track 4: 3:00 p.m. – 4:15 p.m.

Speakers:

  • Matt Abad, Esq., Attorney, Blommer Peterman, S.C. (ALFN Member in Wisconsin)
  • David Odekirk, Esq., Attorney,Dunakey & Klatt, P.C. (ALFN Member in Iowa)
  • Kim Hammond, Esq., Managing Attorney,Keith D. Weiner & Assoc. Co. L.P.A. (ALFN Member in Ohio)
  • Jane Bond, Esq., Attorney, McCalla Raymer, LLC (ALFN Member in Florida & Georgia)

Session Overview:

  • Power proper preparation prevents poor performance, an ounce of prevention is worth a pound of cure. Will review Due diligence for notices/services, proper servicing and referrals, correct communication on all aspects of the case (loss mitigation or other activities, communications that may impact foreclosure), review of what is meant by an offer of a trial plan.
  • What your attorney needs from you for a successful outcome in litigation
  • A review of current issues in Ohio regarding standing, which will involve AOMs and allonges/endorsements.
  • How to Fast Track a Judicial Foreclosure: is this possible? Look at the Show Cause Complaint and FL Statute 702.10, Default Judgments on Uncontested Cases and a New Bill: accelerated foreclosure for abandoned properties.

Session 6 (Track 2 & 4) – Bankruptcy Update
Junior Ballroom Section C1 & C2

Track 2: 10:15 a.m. – 11:30 a.m.

Track 4: 3:00 p.m. – 4:15 p.m.

Speakers:

  • Lee Raphael, Esq., Owner, Prober & Raphael, ALC (ALFN Member in California)
  • John Roan, Esq., Associate Attorney, Wilson & Associates, PLLC (ALFN Member in Arkansas & Tennessee)

Session Overview:

  • General Hot Bankruptcy Topics and Updates - Standing, Assignments/Endorsed Notes, Lien Strips, New POC and other related Forms, Automatic Stay Violations, Repeat Bankruptcy Filings / Fractionalized Interest and Chapter 11.
  • Will focus on the tactics of Chapter 7 Trustees with objections to standing in the Eastern District of Tennessee and recent case law on the issue. The focus of this presentation will be how our Chapter 7 Trustees will demand production of the original mortgage note in certain circumstances, such as: when it is indorsed "in blank" (a.k.a. bearer paper); when there is an indorsement "in blank" in a chain of indorsements of a specifically indorsed mortgage note; or when certain indorsements look suspect (e.g. names allegedly tied in with robo-signing allegations,or commercial indorsements by/with "power of attorney"). Will comment on the necessity of getting these documents to creditor's counsel as expediently and efficiently as possible, to avoid additional legal fees from Chapter 7 Trustees that raise the costs of settlement of such issues.Will also discuss the rebuttable presumption of validity commercial indorsements on negotiable instruments are entitled to under Tennessee's adoption of the U.C.C., as well as potential remedies for creditors who possess mortgage notes with no commercial indorsements (nonholders in possession with the rights of holders under Tennessee's adoption of the U.C.C.) or who cannot find the original mortgage note (lost or stolen notes under Tennessee's adoption of the U.C.C.).Additionally plan to discuss the consequences of inaction: Adversary Proceedings under Section 506 of the Bankruptcy Code to determine the priority or extent of a lien, and how the failure to properly prove standing at such a level might ultimately result in a judgment of priority for the Chapter 7 Trustee over mortgage creditors involved in those proceedings, thereby creating the potential for the Chapter 7 Trustee to sell a property free and clear of liens down the road.