Day 1 - Thursday, November 20, 2014

7:15
Registration and Continental Breakfast
8:00
Co-Chairs’ Welcome Remarks
8:05
Federal and State Government Insights on the Current State of the Mortgage Servicing Industry, Regulatory and Enforcement Priorities at Both the National and State Levels, and How to Ensure Compliance in a Multi-Agency Environment and Prepare for 2015
10:00
Morning Coffee Break
10:10
Best Practices and Procedures for Complying with CFPB Loss Mitigation and Loan Modification; and Navigating the Inconsistencies Amongst the CFPB Rules, HAMP Guidelines and State-Level Initiatives Regarding Loss Mitigation
11:20
Error Resolution, Information Requests and Direct Access/Continuity of Contact with Servicer Personnel
12:25
Networking Lunch for Speakers and Attendees
1:25
Mortgage Servicing Transfers: Meeting the Operational Demands Associated With Increased Regulations and Scrutiny by the CFPB and Other Agencies
2:30
The Latest on Third-Party Risk Management (TPRM) and Vendor Oversight: Heightened Regulatory Expectations
3:25
Afternoon Break
3:35
Factoring in the Latest on ECOA, TILA and RESPA (Including RESPA and TILA Servicing Final Rules) Into Your Policies, Procedures and Requirements
4:30
Lender-Placed Insurance and Changing Industry Practices
5:25
The Present and Future of GSEs
6:10
Conference Adjourns

Day 2 - Friday, November 21, 2014

7:30
Registration and Continental Breakfast
8:05
Navigating the Foreclosure and REO Process: The Latest Servicer-Related Issues and Challenges in Title Resolution and Property Dispositions
9:05
Mortgage Servicers and the FDCPA
10:05
Morning Coffee Break
10:15
UDAAP and Discriminatory Practices/Disparate Impact in the Mortgage Servicing Context: Dodd-Frank, CFPB Interpretations of Unfair, Deceptive and Abusive Practices, UDAAP and Fair Lending Enforcement, and Beyond
11:15
Networking Lunch for Speakers and Delegates
12:15
Ensuring Compliance with Servicing Requirements, Standards & Protections Under SCRA (Servicemembers’ Civil Rights Act) and Avoiding SCRA Regulatory Enforcement Actions
1:10
Litigator “War Stories” – Preparing For and Avoiding CFPB Audits, Managing Litigation and Handling Appeals: Personal Accounts and Lessons Learned From Litigators on the Front Line
2:15
Main Conference Ends – Master Class Begins

Day 1 - Thursday, November 20, 2014

7:15
Registration and Continental Breakfast
8:00
Co-Chairs’ Welcome Remarks

Lauren E. Campisi
Member
McGlinchey Stafford PLLC

Justin T. Bradley
Corporate Counsel, Litigation and Compliance
Shellpoint Mortgage Servicing

8:05
Federal and State Government Insights on the Current State of the Mortgage Servicing Industry, Regulatory and Enforcement Priorities at Both the National and State Levels, and How to Ensure Compliance in a Multi-Agency Environment and Prepare for 2015

John Prendergast
Vice President Supervision Consumer Protection & Non-Depository Supervision
Conference of State Bank Supervisors

Sandra S. Barker
Senior Policy Analyst
Federal Deposit Insurance Corporation (FDIC)

Richard Hayes
Deputy Chief, Civil Division
U.S. Attorney’s Office, Eastern District of New York

Valerie H. Chu
United States Attorney's Office
Southern District of California

Christopher P. Tuite
Economic Crimes Assistant U.S. Attorney
Criminal Division, Florida – Middle District, United States Department of Justice

Joel R. Ibañez
U.S. Department of Housing and Urban Development
Office of Housing Counseling

Thomas O. Freeburger
Assistant General Counsel
California Housing Finance Agency

Christopher Barry Smith
First Assistant Attorney General
Massachusetts Office of the Attorney General

Daniel M. Burstein
Executive Deputy Superintendent
Real Estate Finance Division - New York State Department of Financial Services

Moderators:

John D. Socknat
Partner
Ballard Spahr LLP

Sarah Alexander Goldfrank
Senior Vice President and Deputy General Counsel
Fannie Mae

10:00
Morning Coffee Break
10:10
Best Practices and Procedures for Complying with CFPB Loss Mitigation and Loan Modification; and Navigating the Inconsistencies Amongst the CFPB Rules, HAMP Guidelines and State-Level Initiatives Regarding Loss Mitigation

Steven R. Smith
Partner
Bryan Cave LLP

John Grissom
Senior Vice President and Managing Counsel
Wells Fargo Law Department Consumer Lending and Corporate Regulatory Division

Colin F. Jones
Vice President & Counsel - Legal Department
TD Bank, N.A

Steven Frie
Director, Structured Finance - Servicer Evaluations
Standard & Poor's Rating Services

• Ensuring compliance with the new CFPB requirements

related to:
 Loss Mitigation
– Processing applications for loss mitigation options
– Issuing notices for loss mitigation options
– Servicer notification of foreclosure alternatives
– “Fair and prompt review” of loss mitigation applications
– Servicer responses to incomplete/complete loss    mitigation applications
– Issuing rejections of loss mitigation applications; and   handling borrower appeals
 Loan Modification
– Processing applications for loan modifications
– Considering and responding to proposed alternatives to   foreclosure
– When does someone have to be licensed as a loan    officer to handle a modification, and how far can they
  go before they have to be licensed as a loan officer?
• Recent enforcement trends and arising litigation relating to these requirements
• Examining the consumer response to this new regulation – are consumers taking advantage of these new protections? What types of consumer complaints are being seen and how to avoid them
• Implementing loss mitigation processes/procedures that are easy, efficient and cost-effective while simultaneously meeting all governing requirements
• Assessing the recent/potential issues/implications of progressive clients providing blanket approvals for attorneys to contact financial institutions regarding loss mitigation
• Understanding and navigating the inconsistencies between the CFPB Rules, HAMP and varying State Laws regarding loss mitigation

11:20
Error Resolution, Information Requests and Direct Access/Continuity of Contact with Servicer Personnel

Greg Kuroda
Vice President/Assistant Counsel - Legal and Compliance
Cenlar FSB

Jan A. Zemanek
General Counsel
Kondaur Capital Corporation

Lauren E. Campisi
Member
McGlinchey Stafford PLLC

Mathias (“Matt”) Hunoval
The Hunoval Law Firm &
Member, North Carolina State Banking Commission

• Implementing and maintaining reasonable procedures to verify credit information and correct mistakes

• Understand what constitutes a notice of error or information request
• Determine which errors are covered errors and which are included in the catch-all provision
• Know the proper response time for acknowledgement of receipt of error or information request
• Find out the requirements to complete and settle an investigation
• What kind of reporting requirements are there to the state (if you are a servicer of a loan; if you are a sub-servicer of a loan)
• Learn what factors determine if the notice of error or information request is not applicable, duplicative, overbroad, or untimely
• Get the specifics on what the notice to the borrower needs to include
• Servicing rules place new requirements on servicers to ensure direct access to servicer personnel and continuity of contact
• How to implement and maintain the best system, policies and procedures to effectively ensure direct access and continuity of contact
• Taking a look at the recent Mississippi lawsuit against Experian

12:25
Networking Lunch for Speakers and Attendees
1:25
Mortgage Servicing Transfers: Meeting the Operational Demands Associated With Increased Regulations and Scrutiny by the CFPB and Other Agencies

Donald C. Lampe

Morrison & Foerster LLP

Camillo T. Melchiorre
President & CEO
Hope LoanPort

Gene Ross
President LC-Executive Department
LoanCare, A ServiceLink Company

Lydia A. Morley
Senior Corporate Counsel
U.S. Bank Law Division

• Increased regulations / scrutiny regarding mortgage servicing transfers?

• How the CFPB’s supervisory and enforcement functions are working together in the mortgage servicing transfer area
• New Nonbank Examination Findings
• New issues with regard to loan ownership transfers and escrow disclosures, transferee servicer requirements, distressed asset sales, repurchase transfer and more
• What do the new CFPB rules require with regard to:
– Managing and addressing consumer risks related to loan servicing transfers
– The submission of pre-transfer “informational plans”
– The staffing and training of employees responsible for    handling servicing transfer communications and processes
• How has the industry responded and what enforcement and/or litigation trends have arisen from these new requirements?
• What supervisory and/or enforcement action has the CFPB been taking against servicers found to have engaged in acts or practices that are unfair, deceptive, or abusive, or that otherwise violate federal consumer financial laws and regulations as they apply to loan servicing transfers? What types of corrective or remedial measures can servicers expect to endure from the CFPB under such circumstances?
• How have the new CFPB servicing rules raised barriers to entry for new servicers?
• What implications have these barriers had (or what implications are they likely to have) on current servicer operations, practices and procedures?
– Employing aggressive growth strategies in light of the lack of   competition
– Managing the increased operational risks that come with
  expanding your business
– Best practices for hiring and training new staff, and
  implementing and maintaining compliance systems/
  internal controls, etc.

2:30
The Latest on Third-Party Risk Management (TPRM) and Vendor Oversight: Heightened Regulatory Expectations

Richard W. Koch
Senior Vice President Structured Credit Ratings Operational Risk Assessment Group
Morningstar Credit Ratings, LLC

Michelle Leigh
Managing Director, Regulatory Compliance & Internal Controls
North Coast Bankers Compliance, LLC

Michael R. Pfeifer
Managing Partner
Pfeifer & de la Mora, LLP

• Addressing the importance of third-party oversight

• The latest in monitoring conduct of third-party service providers (“TPSP”)
• The importance of implementing a comprehensive TPRM framework
• Assessing the recent regulatory emphasis on TPRM; what are the consequences of non-compliance with federal laws and regulations
• What are the differences between past vendor management guidance and the CFPB’s latest standards for third-party service provider relationships?
• CFPB enforcement
• Auditing your vendors’ vendors’ vendors
• Recently issued GSE policy regarding the outsourcing of vendor management – what are the implications?
• Identifying the best approach to vendor management based on your particular circumstances

3:25
Afternoon Break
3:35
Factoring in the Latest on ECOA, TILA and RESPA (Including RESPA and TILA Servicing Final Rules) Into Your Policies, Procedures and Requirements

Scott Barber

Stites & Harbison, PLLC

Marsha L. Williams
Chair, National Mortgage Compliance Group
Middleberg Riddle Group

David Stein
Member
Bricker & Eckler LLP

• Real Estate Settlement Procedures Act and Truth in Lending Act Servicing Final Rules

• TILA (Regulation Z) and adapting your policies, procedures training and compliance management systems
• RESPA (Regulation X): Early intervention, point of contact and beyond
• Amendments to RESPA set forth new requirements for specific forms and borrower inquiries – do they replace those requirements set forth by the Qualified Mortgage Rule? How do they work with the QMR?
• Latest on ECOA valuation
• Importance of policies, procedures, training and a compliance management system
• Focusing on risk to the consumer as opposed to risk to the financial institution
• Reliance on data gathered through channels other than direct examination

4:30
Lender-Placed Insurance and Changing Industry Practices

James Milano
Member
Weiner Brodsky Kider PC

Matthew T. Martens

Wilmer Cutler Pickering Hale and Dorr LLP

Elizabeth McKeen
Managing Partner
O'Melveny & Myers LLP

Holly Pierson
Owner, Managing Partner
Pierson Law LLC

• How has the servicing industry responded to new forced-place insurance requirements thus far?

• What the new LPI paradigm means
• What action have we seen from the CFBP in enforcing these new regulations thus far?
• What action do we anticipate from the CFPB and how to best prepare
• Balancing enforcement concerns vs. litigation concerns in making the decision to issue forced-place insurance

Managing Regulatory Risk, What Servicers Can Now Lawfully Do in LPI Programs, and Factoring in the Current Wave of LPI Lawsuits, Trend of Claims Surviving Early Stages of Litigation, and Classwide Settlement Features

5:25
The Present and Future of GSEs

Justin B. Ailes
Vice President of Government & Regulatory Affairs
American Land Title Association

Jonathan McKernan
Partner
WilmerHale

• Issues and recent legislative developments in GSE reform

• Recent litigation developments impacting GSE reform efforts
• The latest developments in the Uniform Mortgage Data Program®
• The new Representations and Warranties framework
• FHFA’s Conservatorships Strategic Plan and Scorecard

6:10
Conference Adjourns

Day 2 - Friday, November 21, 2014

7:30
Registration and Continental Breakfast
8:05
Navigating the Foreclosure and REO Process: The Latest Servicer-Related Issues and Challenges in Title Resolution and Property Dispositions

Karen M. Saez
SVP & Senior Underwriting Counsel Mortgage Solutions
First American Title Insurance Company

Brian D. Schorr
Vice President
Stewart Title Guaranty Company

A. Michelle Canter
Partner
LotsteinLegal PLLC

• The impact of servicing transfers on compliance with federal and state requirements

• Foreclosure and REO Process
• The latest on the Protecting Tenants at Foreclosure Act (PTFA)
• Risk Factors for REO Management
• Potential Liability and Litigation Exposure

9:05
Mortgage Servicers and the FDCPA

Lisa A Rothfarb
Federal Trade Commission
Division of Financial Practices

Benjamin G. Diehl
Special Counsel
Stroock & Stroock & Lavan LLP

Justin T. Bradley
Corporate Counsel, Litigation and Compliance
Shellpoint Mortgage Servicing

• Understanding whether you are exempt as a “loan servicer” from the FDCPA, or whether you qualify as a “debt collector” under the statute and are thus subject to its requirements

• Was the particular mortgage in “default” at the time when taken for servicing?
• CFPB involvement
• FCPA v. HUD Regulations
• Enforcement of security interests
• If you do qualify as a debt collector, what requirements are you subject to?
• How to avoid violations under the FDCPA when servicing mortgage loans
• Examining potential inconsistencies between federal and state laws relating to mortgage servicers and debt collectors, and navigating the interplay between both

CFPB Potential Rulemaking and Involvement in Debt Collection, When a Servicer is Considered a Debt-Collector for FDCPA Purposes, and the Latest on Enforcement of Security Interests and Common FDCPA Claims Against Servicers

10:05
Morning Coffee Break
10:15
UDAAP and Discriminatory Practices/Disparate Impact in the Mortgage Servicing Context: Dodd-Frank, CFPB Interpretations of Unfair, Deceptive and Abusive Practices, UDAAP and Fair Lending Enforcement, and Beyond

Sanjay Ibrahim
Partner
Parker Ibrahim & Berg LLC

Michael Schulte
Associate General Counsel of Capital Markets and Consumer Finance
Springleaf Holding Inc.

Therese G. Franzén

Franzén and Salzano, P.C.

• Avoiding recent targeting by advocacy groups by ensuring equal treatment and handling of loss mitigation, loan modification and foreclosure processes, proceedings and determinations when servicing loans of borrowers across varying economic and geographic sectors

• Preparing for more UDAAP enforcement actions
• Checking your current policies and practices and making necessary changes to avoid UDAAP violations
• Lessons learned from recent fair lending and UDAAP enforcement and consent orders
• Latest developments in Supreme Court disparate impact cases – what are the implications??

11:15
Networking Lunch for Speakers and Delegates
12:15
Ensuring Compliance with Servicing Requirements, Standards & Protections Under SCRA (Servicemembers’ Civil Rights Act) and Avoiding SCRA Regulatory Enforcement Actions

Roland P. Reynolds
Partner
Palmer, Lombardi & Donohue LLP

Michelle Garcia Gilbert
Partner
Gilbert Garcia Group, P.A.

Rose Marie Brook

Fabrizio & Brook, P.C.

• Understanding the specific protections afforded to servicemembers and their families to protect them from eviction from housing while on active duty – what specific SCRA protections/requirements must mortgage servicers be aware of when servicing loans held by former, current and/or future military service member’s?

• How to best ensure compliance with all specific requirements under the SCRA
• SCRA regulatory enforcement actions and common complaints
• Avoiding simple mistakes and common pitfalls made by servicers of military servicemember loans which could potentially result in extremely costly litigation/settlement
• How to utilize the Department of Defense website/ database to most efficiently search the status of military servicemember mortgage loans so as to best avoid violations and potentially huge lawsuits
• What other compliance tools may be used to efficiently avoid SCRA violations by mortgage servicers?
• What sorts of functions and/or internal protections will government agencies be looking for when examining internal servicer compliance programs and their likelihood of catching/avoiding/correcting such SCRA violations

Involving Foreclosures, Interest Rate Protection, Pre-Requisites to Protection Benefits, Military Service Affidavits, Third Party Providers and More

1:10
Litigator “War Stories” – Preparing For and Avoiding CFPB Audits, Managing Litigation and Handling Appeals: Personal Accounts and Lessons Learned From Litigators on the Front Line

Matthew P. McGuire
Partner
Alston & Bird LLP

Eric Jon Taylor
Partner
Hunton & Williams LLP

Jennifer L. Gray

Greenberg Traurig, LLP

David M. Bizar

Seyfarth Shaw LLP

• Litigators share personal experiences with CFPB audits, case litigation and the appeals process

• Practical approaches, what worked/didn’t work, lessons learned and tips for the future

2:15
Main Conference Ends – Master Class Begins