Establishing Standing, Defending Against ClaimsRelating to MERS, Overcoming ContestedForeclosures, and Responding to BorrowerCounterclaims and Stall Tactics
Speakers
Patrick L. Smith
MISG VP/Senior Manager Mortgage Investigative Services
PNC Bank
Brian Blake
Senior Counsel
MERSCORP Holdings, Inc.
R. Dwayne Danner
McGlinchey Stafford PLLC
Kenneth S. Steely
Jones Walker LLP
- Conditions precedent to foreclosure
- Assessing borrower attacks on standing
- New and emerging claims
- How to combat and defeat standing attacks
- Update on MERS litigation
- Borrower claims
- Qui tam cases
- County recorder/AG litigation
- MERS interest as mortgagee or beneficiary
- Transfer of notes via endorsement and delivery rather than assignment
- Assignment of mortgages
- Handling borrower counterclaims in contested foreclosures
- Overcoming commonly raised defenses including TILA, SCRA, fraud, and rescission claims
- Preventing bankruptcy from becoming a tool used by borrowers to stall foreclosures
- Loss mitigation
- Litigation challenges relating to mortgage origination
- Loan modifications and foreclosure
- Defending against counterclaims arising from loan modifications and HAMP
- Foreclosure mediation programs
- Responding to challenges to foreclosures in non-judicial foreclosure states