FORECLOSURE DEFENSE SEMINAR AGENDA

Foreclosure Defense Seminar I Agenda: page 1 of 2

8:30-9:00 a.m.: Registration and sign in.

9:00-9:45 a.m.: Introduction to Contemporary Foreclosure Litigation

– The old days versus now: Impact of securitization process

– Banking regulations: Compliance with Truth in Lending Act (TILA)

– The Various Stages of the Foreclosure Process

9:45-10:30 a.m.: Determining the Proper Course of Defense

– Identification of Real Parties in Interest and Indispensable Parties

– Use of third-party mortgage loan audits to validate claims

– Determination of Defenses (client objectives; stage of proceeding)

10:30-10:45 a.m.: Break

11:00 a.m.-noon: Substantive Pleadings and Motion Practice I

– Complaints to Stay Foreclosure (on Notice of Default from “lender”)

– Initial Motion practice on Procedural Defenses (existing litigation)

– “Unwinding” Foreclosure (post-Judgment or post-sale)

Noon-1:00 p.m.: Lunch: Discussion of Common Themes of Predatory Lending

1:00-2:00 p.m.: Substantive Pleadings II

– Challenging Motions for Relief from Stay in Bankruptcy Court

– Challenging relief from Bankruptcy Stay in State Court proceeding

– Federal Remedies: TILA, RESPA, HOEPA, FCRA, etc.

2:00-2:45 p.m.: State Law Claims

– Fraud-based claims

– Breach of Fiduciary Duty (including appraisers and brokers)

Foreclosure Defense Seminar I Agenda: page 2 of 2

2:00-2:45 p.m.: State Law Claims (continued)

– State Consumer Protection Statutes (e.g. FUDTPA)

2:45-3:00 p.m.: Break

3:00-3:45 p.m.: Discovery and Ancillary Remedies

– Discovery relating to standing, assignments, and parties

– Declaratory Relief, Quiet Title, Summary Judgment

– Attorneys’ Fees and Costs (e.g. Fla.Stat. 57.105, FUDTPA)

3:45-4:30 p.m.: Mediation and Settlement

– Preliminary Considerations: client objectives

– Indemnification and Hold Harmless Agreements, Bond Issues

– Requisites of Formal Written Settlement Agreements

4:30-5:00 p.m.: Representation Agreements, Fee Structures

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