The Evolving Landscape for Mortgage Servicing:Litigation and Enforcement Concerns, ServicerLiability Under the FDCPA and the FCRA,Determining and Implementing Best Practices,Defending Against New and Innovative BorrowerClaims, and More

September 22, 2014 3:10pm


Sanjay Ibrahim
Parker Ibrahim & Berg LLC

Robert Mowrey

Locke Lord LLP

Elizabeth Sperling

Alston & Bird LLP

  • Fallout from the servicing rules
    • Enforcement issues
    • Compliance hurdles and how best to overcome them
    • Types of private claims arising from the rules
      • Practical experiences with such litigation
  • Impact of Basel III on loan servicing
  • Defending against claims relating to loan servicing
    • Debt collection practices claims
    • Credit reporting claims and the FCRA
    • Escrow issues
    • RESPA issues
    • Fair lending issues
  • Class action issues arising from loan servicing
  • What can originators learn from recent litigation involving servicers?
  • Servicer liability under the FDCPA
  • Assessing when a mortgage servicer may be considered a debt collector
  • Servicer liability for lack of disclosure
    • Viability of good faith defense
    • Sufficient evidence to show adequate disclosure
    • Conducting due diligence of servicing compliance
  • Loss mitigation programs