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A Primer on New York Foreclosure & Collections: The Impact of the Current Economy (Live Webinar)

 

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.


Faculty

 

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 wweathers@cabanillaslaw.com

Learning Objectives

- 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.


Agenda

NY Foreclosure Procedural Process

  • Pre-Foreclosure Notice Requirements
  • Foreclosure Filing Requirements
  • Foreclosure Action Commenced
  • Foreclosure Sale Notice and Service Requirements

Mandatory Foreclosure Settlement Conference

  • Purpose
  • 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?
  • FDCPA

Credits

  • 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.

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