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TIME
DESCRIPTION
8:00 AM - 4:30 PM
Registration
8:00 AM - 9:00 AM
Breakfast
9:00 AM - 10:15 AM
Foreclosure: Basic
​OR
Bankruptcy: Intermediate
10:15 AM - 10:45 AM
Break
10:45 AM - 12:00 PM
Foreclosure: Basic
​OR
Bankruptcy: Intermediate
​continued

12:00 PM - 1:30 PM
Lunch
1:30 PM - 2:45 PM
Foreclosure: Intermediate
​OR
Bankruptcy: Basic
2:45 PM - 3:15 PM
Break
3:15 PM - 4:30 PM
Foreclosure: Basic
​OR
Bankruptcy: Intermediate
continued
BANKRUPTCY: BASIC

​Impact of the automatic stay
What is the automatic stay?
When is the stay effective?
Application of definition to different fact patterns
Why not just violate the stay?
Impact on foreclosure or eviction actions
Serial filings – How many cases are too many?

Different Chapters and their meanings

Chapter 7 deep dive

Schedules and statement of intent
Reaffirmation
Trustee sale of property
Trustee no asset report vs. trustee abandonment
Discharge
Case closing
Discharge injunction

Chapter 13 deep dive
Establishing the pre-petition debt
Post-confirmation requirements for creditors

Motions for relief from stay
Chapter 13 vs. Chapter 7
Stipulations and notices of default
Trustee’s motion to dismiss

Speed bumps
Standing (collateral documents)
Adversary proceedings
Loss mitigation – court sponsored / debtor requested

Objections to the plan
Cramdowns and lien strips
Total debt pay-off plans without escrow provisions
Underfunded plans
Other common objections notices of final cure
What if the loan is not current?

Detours
Objections to proof of claim
Objections to payment change notices
Objection to notice of post-petition fees and costs
Objections to responses to trustee’s notice of final cure

Pot holes
United States trustee inquiries
Chapter 13 trustee inquiries 
Vertical Divider
​FORECLOSURE: BASIC

The on-ramp
Demand letters and other pre-foreclosure requirements
Referral to FC 
Referral elements
Loan documents 
Standing - assignments, mergers, notes and eNotes


The toll booth  
First legal – judicial v. non-judicial
Document execution


The highway
Service/posting
Notice
Judgment (judicial states)


The off ramp
Sales and bidding
Post-sale
Redemption/confirmation


Speed bumps
FDCPA debt validation
RESPA QWR notices of error and information requests


Pot holes
Lost notes and assignments
Deceased borrowers/homeowners
Title issues


Detours and construction
Loss mitigation/mediation
Bankruptcy
Contested cases


​Traffic delays
Servicing transfers
Vacant property issues
Law changes (legislative and case law)
BANKRUPTCY: INTERMEDIATE

Interaction with a case in foreclosure
Postpone vs. cancel 
Automatic handoff 
Document assembly for POC
Monitoring the case pre-confirmation: Rocket Dockets


The need for speed
How to avoid late filed claims
What to do when you didn’t? 
Document review to avoid objection
Fee recovery and reimbursement
Amending the claim


Review of the Chapter 13 plan
Is the plan feasible?
Is the plan filed in good faith?
Is the debtor capable of performing on the plan?

 
Periodic statements post-petition

Timely compliance
Quality review process
Statements when no payment is required
Importance of timely boarding in Chapter 11 cramdown or modification 


Notice of post-petition fees: What is and is not recoverable?
Proof of claim fees and costs
Fees for post-petition notices
Fees for post-petition inspections
Fees for service transfer related activity
Post-petition late charges


Response to the notice of final cure
Generally
Timing and the need for speed
Post-filing reconciliation with the trustee 
What to do when you disagree?
Proper attachments and reconciliation
Setting a hearing to resolve


​New and notable litigation
Vertical Divider
FORECLOSURE: INTERMEDIATE

Pre-foreclosure
Holds: Loss mitigation, SCRA and BK
  • Examination of 12 CFR 1024.41(i): applies once during the life of a default
  • Examination of 12 CFR 1024.41(f): what dual tracking is and is not
  • Examination of 12 CFR 1024.41(k): how service transfers affect dual tracking prohibitions and loss mitigation timelines

Standing, endorsements, original notes, lost notes and assignments – how it all works together
  • The role of original documents
  • The role of endorsements and the UCC 

HUD face-to-face letters: when are these challenges a real threat to the foreclosure?

Statutes of limitations: Five years is not always five years 
  • When are statutes of limitations tolled, when do they run and at what point in the foreclosure are they no longer a concern?
 
Getting the foreclosure going

Title issues and curative options
  • When do title issues prevent us from moving forward?
  • When first in time is not first in right: what is “subrogation” and when does it rear its head?
  • COA and HOA liens: how are they recognized, when do they have priority and what is the extent of their priority?
 
Judgment and prior servicer records: making sense out of a mish-mash of conflicting state evidentiary rules

In which states are prior servicer records an issue?
What is the nature of the problem and are there alternative approaches to dealing with admissibility?
Practical approaches to dealing with missing records
 
Getting past sale

Who may hold the sale?
The nuances of bidding:
  • When you have property damage
  • When you have priority issues
  • Equity versus a lack of equity
When a buyer fails to comply with his or her bid, what are your options?
Recessions: why they happen
 
Litigation: how the process works

Always try to settle, but give the other side a reason to settle
The litigation “funnel” explained
 
Strategies for resolving aged files

Once a population of aged files is identified, how can we work together effectively?
Identifying opportunities to move files by making exceptions to policies that would not violate any applicable rule or regulation
Networking – both formal and informal – is a vital component of any education experience. That’s why you can expect a variety of networking opportunities at this event designed to reinforce and grow your professional network.
 
Tuesday, April 7
​
Network with moderators, panelists, colleagues and fellow learners during the education sessions, meal times and breaks, 8:00 AM – 4:30 PM

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  • USFN EVENTS
    • CALENDAR OF EVENTS
    • CONTACT
    • POLICIES
    • USFN @ MBA
  • VIRTUAL
    • CASE Files >
      • SERIES 1: TITLE SCHEDULE
    • LEARNING LABS >
      • LEARNING LAB 3.0: THE BASIC FORMULA
      • LEARNING LAB 2.0: UNDER THE MICROSCOPE
      • LEARNING LAB 1.0: CORE CONCEPTS
  • BRIEFINGS
  • FORUM
  • SEMINARS
  • SIGNATURE
  • SPEAKERS
  • NextGen