News & Events

Contested Mortgage Foreclosure, MERS and Beyond: Latest Developments

Location: Strafford Webinar
Date: December 11, 2013
Recorded webinar now available here

Together with Andy Stutzman (Partner, Stradley Ronon Stevens & Young LLP), John Chiles (Partner, Burr & Forman LLP), Greg Korman (Partner, Katten Muchin & Rosenman LLP) and Joe Patry (Attorney, Blank Rome), Katrina Christakis discusses trends and developments in residential mortgage claims, including challenges to MERS and securitization in contested foreclosures, HAMP and loan modification claims, and TILA claims, as well as the impact of the California Homeowner Bill of Rights and the CFPB’s expansion of the FDCPA to original creditors.

Event Highlights:
Transactions involving MERS and mortgage-backed securities (MBS) are frequently invoked in an attempt to contest judicial and non-judicial foreclosures. Various claims may arise due to perceptions about the MERS or MBS business model or structure. Court decisions continue to evolve.

Borrower claims under TILA are also evolving, as are claims regarding improper loan modifications. The California Homeowner Bill of Rights, effective earlier this year, made changes to non-judicial foreclosure protocols presenting another hurdle for lenders.

The CFPB recently pronounced that all financial institutions regulated under the Dodd-Frank Act are now subject to the FDCPA, regardless of whether they are the original creditors. This will likely add to a borrower’s arsenal of claims to contest foreclosures.

Listen as our authoritative panel of attorneys discusses trends and developments in residential mortgage claims, including issues regarding MERS, MBSs, HAMP and loan modifications, TILA, the FDCPA, and the California Homeowner Bill of Rights.

The panel will also address key questions, such as:

  • What are the most effective defenses to an attack on MERS documentation?
  • What are the most common securitization-based theories of liability against MBS holders and what are effective defenses?
  • What are the more common theories of liability for loan servicers and lenders arising from failed mortgage loan modifications?
  • What are the latest developments in TILA 1641(f)(2) and (g) claims?
  • How have the recent CFPB bulletins on the scope of the FDCPA altered the landscape of debt collection activities for financial institutions?

Following the speaker presentations, participants will have an opportunity to get answers to their specific questions during an interactive Q&A.

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