Foreclosures, Mortgages, Loan Modifications: Master Class (On-Demand)

$179.00

In this course, we will cover the newest jurisprudence on the area’s most important to foreclosing banks and servicers and to homeowners’ counsel defending against residential mortgage foreclosures. As the housing market crisis intensified, litigation of what were once ordinary and routine mortgage foreclosure actions became more and more specialized. New and novel defenses emerged that had never been argued before in such cases. This course is designed to update practitioners on the latest developments in defenses to foreclosures as applied by courts around the country.

We will cover updated jurisprudence on foreclosure defenses that were first popularized as the housing crisis crashed, such as standing defenses based on securitization failures and negotiability issues, and defenses based on MERS documentation. Then, we will cover the issues that are still developing in this unique practice area, including statutes of limitation as applied to residential mortgages, new servicing regulations and guidelines, and jurisprudence on attorney’s fees in foreclosure litigation.

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Event Details

Course Type

Original Date Of Course

Course Instructor

Dustin A. Zacks, Esq.

General Credits

2

Course Description

In this course, we will cover the newest jurisprudence on the area’s most important to foreclosing banks and servicers and to homeowners’ counsel defending against residential mortgage foreclosures. As the housing market crisis intensified, litigation of what were once ordinary and routine mortgage foreclosure actions became more and more specialized. New and novel defenses emerged that had never been argued before in such cases. This course is designed to update practitioners on the latest developments in defenses to foreclosures as applied by courts around the country.

We will cover updated jurisprudence on foreclosure defenses that were first popularized as the housing crisis crashed, such as standing defenses based on securitization failures and negotiability issues, and defenses based on MERS documentation. Then, we will cover the issues that are still developing in this unique practice area, including statutes of limitation as applied to residential mortgages, new servicing regulations and guidelines, and jurisprudence on attorney’s fees in foreclosure litigation.

Principles

  • Contesting the litigated foreclosure case
  • Emerging Jurisprudence
  • COVID challenges and opportunities and the CARES Act

Syllabus

  1. Contesting the litigated foreclosure case
      • Basic defenses and examples
      • Fraud, Unclean Hands, & Robo-Signing
      • Securitization and Standing
      • Conditions Precedent
  2. Emerging Jurisprudence:
      • Statutes of Limitation
      • Reciprocal fee awards
      • Modification enforcement issues
  3. COVID challenges and opportunities, including the CARES Act

Instructor

Dustin Zacks, Esq.

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