Residential Mortgages: RESPA Qualified Written Request Claims, Emerging Mortgage Servicing Allegations Arising Under Reg X and Reg Z Amendments, TILA Rescission, New Loan Modification Litigation Risks Arising Out of CFPB’s Mortgage Servicing Rules, MERS

January 29, 2015 2:05pm

H. Keith Thomerson Esq.
Hinshaw & Culbertson LLP

Victoria R. Collado

Burke, Warren, MacKay & Serritella, P.C.

Eric J. Simonson

McGlinchey Stafford, PLLC

Bryan Greene
General Deputy Assistant Secretary of the Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development

  • Updates on recent actions and case law
  • Recent activity under RESPA
  • TILA recession
  • Assessing the CFPB’s one year old mortgage servicing rules and the industry’s response: Potential for lenders/servicers to face increased liability under the new rules; How have servicers complied with the new rules to date?; Compliance challenges related to the new dual tracking restrictions; What holes or gaps are there in the new rules?; Lessons learned and pitfalls to avoid; Best practices for ensuring compliance going forward
  • Litigation arising from the new servicing rules: Mitigating your exposure to such litigation; Impact of the rules on damage calculations
  • Trends in mortgage servicing and related litigation
  • National qualification and screening standards for all loan originators
  • Protecting Tenants at Foreclosure Act (PTFA): Will this act result in a private right of action for borrowers, allowing them to bring claims?
  • Best practices and lessons learned from prior foreclosure documentation errors
  • Auditing completed foreclosures and conducting foreclosure look-backs
  • Attorney fees and related foreclosure filings
  • Defending against claims arising from loan servicing
  • Managing and defending against class actions arising from lender-placed insurance
  • New and emerging claims relating to standing in contested foreclosure cases
  • GSE transfer tax litigation
  • MERS litigation developments: Recording fee class actions
  • Handling borrower counterclaims in contested foreclosures
  • Preventing bankruptcy from becoming a tool used by borrowers to stall foreclosures
  • New developments relating to loss mitigation
  • Litigation challenges relating to mortgage origination
  • Loan modifications and foreclosure: Defending against counterclaims arising from loan modifications and HAMP; Assessing the Wigod decision
  • Responding to challenges to foreclosures in non-judicial foreclosure states