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