Learn the art of negotiation and litigation to address the frequent issues that arise, pitfalls to avoid, and common defenses to a foreclosure action in New York from Cabanillas & Associates' senior managing attorney, Wendy Weathers.
In nearly a decade, the 2007 sub-prime mortgage crisis continues to result in millions of home foreclosures throughout the United States. One out of every 1217 homes in New York are in some stage of foreclosure. Banks have thousands of non-performing loans, which are being referred to law firms to commence the foreclosure action. This topic will help the persons responsible for commencing or defending a foreclosure action understand the entire foreclosure process. This topic will also identify the affirmative defenses to the foreclosure action. This topic will discuss the participation in the mandatory settlement conferences in New York as well as the requirements that both parties are bound to in the negotiation process. With the strong understanding of the settlement conference process and the foreclosure process, as a whole, persons will learn the art of negotiation and litigation to address the frequent issues that arise, pitfalls to avoid, and common defenses to a foreclosure action in New York.
The questions raised as a result of collections after death will also be discussed. Persons who represent family, heirs, executors, or administrators will benefit from this discussion on how to protect family members from being harassed by collection agencies after a loved one dies. Depending on the size of the estate and the type of debt, family members may not be required to pay the debt.
Wendy Marie Weathers, Esq.
Cabanillas & Associates, P.C.
- Senior managing attorney in charge of the litigation, consumer bankruptcy and real estate departments of Cabanillas & Associates, P.C.
- Represents both institutional lenders and borrowers in all aspects of the mortgage banking industry and residential foreclosures for more than 18 years
- Frequent speaker and has written numerous publications
- Instructor by NYS to conduct training and continuing education to real estate professionals
- J.D. degree, City University of New York Law School at Queens College; B.A. degree, State University of New York at Stony Brook
- Can be contacted at 914-418-2018 or firstname.lastname@example.org
- You will be able to identify the defenses to a New York foreclosure action.
- You will be able to recognize how to protect family members from being harassed by collection agencies after a loved one dies.
- You will be able to discuss the requirements of New York's Mandatory Foreclosure Settlement conference.
- You will be able to explain the foreclosure process in New York.
NY Foreclosure Procedural Process
- Pre-Foreclosure Notice Requirements
- Foreclosure Filing Requirements
- Foreclosure Action Commenced
- Foreclosure Sale Notice and Service Requirements
Mandatory Foreclosure Settlement Conference
- Negotiate in Good Faith
- Case Law
Common Defenses to Foreclosure Process
- Standing – Holder and Owner of Note and Mortgage
- Lack of Personal Jurisdiction
- Statute of Limitations
- Failure to Comply With RPAPL §1302
- Failure to Comply With Contractual Notice Requirement
- Failure to Comply With RPAPL §1303, 1304 and 1306
- Failure to Comply With NY's Banking Law
- Plaintiff Improperly Commenced Action
- Plaintiff Commenced Action in Violation of HAMP Guidelines
Collections After Death
- Will or No Will?
- What Is the Debt?
- CBC 0.5
- This course has been reviewed and approved for inclusion in the Certificate of Banking Compliance Program and qualifies for 0.5 credit. Please visit www.lorman.com/certification/cbc for more information.
- NJ CLE 1.2
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.2 hours of total CLE credit.
- NY CLE 1.0 including Areas of Professional Practice 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- CPE 1.0 including Specialized Knowledge and Applications 1
- Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www. learningmarket.org. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.0 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Specialized Knowledge and Applications for 1.0 hour. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group-Live and Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board.
- Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Specialized Knowledge and Applications for 1.0 hour.
The CLE Code is ONLY a requirement when applying for CLE Credit in New York or New Jersey or Kansas. Other states do not need to supply the CLE Code to apply for CLE credit.
Who should attend?
This live webinar is designed for credit and collections managers, attorneys, presidents, vice presidents, lending professionals, business owners, managers and accountants.
We couldn't have asked for a better night to host the Westchester County Bar Association rooftop Midsummer's Night Social - Thank you to all who joined us!
Please click through the pictures above and feel free to share!
We're thrilled to sponsor and host the Midsummer Night's Rooftop Social on our rooftop terrace on Wednesday, July 20th, from 6:30PM - 9:30PM! This event is presented by the Westchester County Bar Association New Lawyers Section which is chaired by Cabanillas & Associates own Atheeb Khateeb.
If you are a member of the Westchester County Bar Association, please join us at this free event. And if you are not but are interested, please note that you can join now for 50% off your yearly membership dues - Just click here.
We look forward to seeing friends old & new!
Thank you to everyone who visited us at the Westchester Hispanic Heritage Festival - It was a great day!
A special thank you to El Centro Hispano for inviting us, Tony Sanchez and his team from La Mega 97.9 and the NYCFC Street Team for joining us!
Please click through the pictures above and feel free to share!
We're looking forward to the Westchester Hispanic Heritage Festival this Sunday, July 17th! Find your friends from Cabanillas & Associates, El Centro Hispano, La Mega 97.9, and the NYCFC Street Team there from 2:00-7:00pm.
There will be Latin music, folkloric dancing, delicious food options, many children's events, giveaways + much more! Please bring chairs, blankets, sunscreen, and be ready for an afternoon of fun!
Click here for more details. We'll see you soon!
On Thursday, June 16th, Cabanillas & Associates, P.C. and El Centro Hispano honored twenty-two students and graduates from the White Plains area for high academic achievement and strong community leadership.
The El Centro Hispano Scholarship program was created with the aim of encouraging leadership among young Latino leaders and providing them with the support, resources, and guidance to help them along the way. Select students receive a financial scholarship for future studies.
“It’s our duty and our privilege to honor these students for their hard work and strong character,” says Chris Cabanillas, the Founder and C.E.O. of Cabanillas & Associates, P.C.. “We want to celebrate their success, and we want them to know we’re behind them 100% as they become the next generation of leaders.”
“Tonight, we celebrate these young people who have proven dedication to their studies and who have given back to the community in so many ways. We also celebrate their families who have supported them all the way,” said Isabel Villar, the Founding Executive Director of El Centro Hispano.
In addition to the outstanding students and their families, attendees of the event included El Centro Hispano Board members, staff, volunteers, and supporters, White Plains School District Director of the World Language and ELL Programs Lisa Panaro, and a special appearance made by La Mega 97.9’s DJ Tony Sanchez a.k.a. “El Tiburon”.
The El Centro Hispano honorees for 2016 are: Ivan Xelo, Mayra Jadan, Fernanda Moscoso, Linda Schwartz, Deysi Alvarracin, Jennifer Abreu, Luana Karen Nahue Cordova, Norma Laura Xolalpa Torres, Carla Rodriguez, John Farfan, Cesar Rojas, Deily Barrios, Valerie Olarte Catano, Karla Nadine Schiefer, Alan Mazurek, Chelsea Mosquera, Maria Piedrahita, Denis Flores-Peña, Lucero Nahuis, Daniella Oria, Andres Tandazo, and Austin Trejos.
Since 1980, El Centro Hispano Scholarship has been awarded to promising students and the second year Cabanillas & Associates, P.C. has hosted the event.
It has been our honor to serve the Sunset Park community and surrounding areas over the past year and want to see everyone out so we can say thank you and have some fun!
Please join us on Friday, June 10th, for our Brooklyn Open House! The event will run from 10am to 1pm at 3916 5th Avenue Brooklyn, NY 11312.
DJs from Mega 97.9 and 93.1 Amor radio stations will be joining us to provide entertainment while the NYCFC Street Team will be there with contests, games, and giveaways! (We'll even be raffling off NYCFC tickets to future home games this season!) Food and beverages will be available to all attendees as well.
We will also be offering free consultations so if you have questions about foreclosure defense, loan modifications, the bankruptcy process, real estate matters, divorce or family law matters, or immigration concerns, please join us and we'll ensure you're able to meet privately with one of our team members.
Please RSVP on our Facebook page and feel free to invite your friends!
Mix & mingle with fellow professionals as we kick off a successful Summer 2016!
Join us for a roof-top cocktail party which will include small bites, an open bar, and live music. We have plenty of parking so feel free to invite your colleagues!
*** Please RSVP here on our Facebook Event page so we’re sure to have enough food and drink. ***