Establishing Standing, Defending Against ClaimsRelating to MERS, Overcoming ContestedForeclosures, and Responding to BorrowerCounterclaims and Stall Tactics

September 22, 2014 11:10am


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