Foreclosure in a Time of Covid (On-Demand)

$179.00

Amidst national economic anxiety spurred by the COVID-19 pandemic, many practitioners are considering the possibility that foreclosure filings will escalate in a manner not seen since the Great Recession. This lecture will examine a number of aspects of the current crisis as relates to future foreclosure filings, and will cover and explain the CARES act and how distressed homeowners may be entitled to certain protections under federal law. Next, the case will cover some developing jurisprudence in hot topics in foreclosure, including statutes of limitation, res judicata, and reciprocal fee awards. Lastly, the lecture will cover a survey of unique defenses and areas in which pinpointed, foreclosure-specific discovery can assist homeowners, and each attendee will receive a sizable form Request for Production that will help litigants and their attorneys attempt to develop their defenses.

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Event Details

Course Type

Original Date Of Course

General Credits

2

Course Description

Amidst national economic anxiety spurred by the COVID-19 pandemic, many practitioners are considering the possibility that foreclosure filings will escalate in a manner not seen since the Great Recession. This lecture will examine a number of aspects of the current crisis as relates to future foreclosure filings, and will cover and explain the CARES act and how distressed homeowners may be entitled to certain protections under federal law. Next, the case will cover some developing jurisprudence in hot topics in foreclosure, including statutes of limitation, res judicata, and reciprocal fee awards. Lastly, the lecture will cover a survey of unique defenses and areas in which pinpointed, foreclosure-specific discovery can assist homeowners, and each attendee will receive a sizable form Request for Production that will help litigants and their attorneys attempt to develop their defenses.

Principles

  • Foreclosure outlook
  • COVID challenges and opportunities, including the CARES Act
  • Emerging jurisprudence and updates
  • Survey of most commonly litigated foreclosure issues
  • Sample Request for Production covering basic defenses

Syllabus

  1. Foreclosure outlook
      • Foreclosure filings trend factors to consider
      • Regulatory outlook that could impact filings and practice
      • What’s different this time vs. the 2008 housing crisis
  2. COVID challenges and opportunities, including the CARES Act
  3. Emerging jurisprudence and updates:
      • Statutes of Limitation
      • Res Judicata
      • Reciprocal fee awards
  4. Survey of most commonly litigated foreclosure issues
      • Basic defenses and examples
      • Fraud, Unclean Hands, & Robo-Signing
      • Securitization and Standing
      • Conditions Precedent
  5. Sample Request for Production covering basic defenses

Instructor

Dustin Zacks, Esq.

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