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Complaint (In re Prehired LLC)

This session will discuss new predatory and illegal practices that have been arising in the higher education space and highlight exciting cases that are tackling these issues head on. We will discuss recent cases challenging schools' use of online program managers and predatory recruitment occurring in the distance education space, issues with schools' use of college banking cards, and schools' use of Income Share Agreements (ISAs). 

Sample Zombie Second Mortgage RFI/NOE

This session will discuss legal claims and strategies for dealing with long-dormant second mortgages that are suddenly back from the dead. TILA servicing claims, common law claims, and fair housing theories will be discussed. We will then open it up for breakout group discussions and reporting back from the groups.

Sample Zombie Second Mortgage Letter

Many second mortgages made before the last housing crisis contained abusive and unfair terms. Borrowers were unable to continue payments and because there was no equity in the homes, many lenders charged them off and sold to debt buyers. Now that the housing market is booming, these debt buyers are coming out of the woodwork to foreclose. Learn about how to use the FDCPA and other claims to defend against zombie second mortgages. —Kristi C.

Sample Zombie Second Mortgage Letter (NOE)

Many second mortgages made before the last housing crisis contained abusive and unfair terms. Borrowers were unable to continue payments and because there was no equity in the homes, many lenders charged them off and sold to debt buyers. Now that the housing market is booming, these debt buyers are coming out of the woodwork to foreclose. Learn about how to use the FDCPA and other claims to defend against zombie second mortgages. —Kristi C.

Sample Zombie Second Mortgage Letter (RFI)

Many second mortgages made before the last housing crisis contained abusive and unfair terms. Borrowers were unable to continue payments and because there was no equity in the homes, many lenders charged them off and sold to debt buyers. Now that the housing market is booming, these debt buyers are coming out of the woodwork to foreclose. Learn about how to use the FDCPA and other claims to defend against zombie second mortgages. —Kristi C.

Complaint (Grey v. Central Credit Services, LLC, Case No. 1:18‐cv‐00774)

This action is brought by Plaintiff for actual damages, statutory damages, and civil penalties against the Defendant Central Credit Services, LLC (“Defendant”), for violation of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”) and the North Carolina Collection Agency Act, N.C.Gen.Stat. §§ 58‐70‐1 et seq. (“NCCAA”), which prohibit debt collectors and collection agencies from engaging in abusive, deceptive, and unfair practices.

CFPB RESPA and TILA Mortgage Servicing Regulations

This beginner level course for attorneys and paralegals will focus on foreclosure defense matters and affirmative litigation against mortgage servicers. Training will cover contractual issues related to the mortgage/deed of trust and promissory note; types of promissory notes; identifying the parties and related entities; and issues involving assignees, servicers, securitization. We will also discuss loss mitigation options for home retention and provide an overview of important RESPA and TILA regulations.

NACA, Consumers Caught in Tax Law Flaw (Oct. 2018)

Learn why your attorney fees in consumer cases can be taxable to your client, strategies to limit your client’s tax liability and what NACA is doing to change the IRS’ legal interpretation that has created this problem.

Session 3: FHA’s Loss Mitigation Waterfall—Problem Set & Cheat Sheet

For advocates newer to handling mortgage and foreclosure cases, gaining a clear understanding of the rules of loss mitigation is a crucial step. This intensive will cover the basics of loss mitigation terminology and the background loan modification rules for FHA and Fannie Mae and Freddie Mac mortgages. Understanding the rules that existed prior to the pandemic will allow advocates to better understand the pandemic-related overlays that have been created.

S3: FHA Loss Mitigation (PowerPoint)

For advocates newer to handling mortgage and foreclosure cases, gaining a clear understanding of the rules of loss mitigation is a crucial step. This intensive will cover the basics of loss mitigation terminology and the background loan modification rules for FHA and Fannie Mae and Freddie Mac mortgages. Understanding the rules that existed prior to the pandemic will allow advocates to better understand the pandemic-related overlays that have been created.

S2: Loan Modification Basics and Loss Mitigation for Fannie Mae and Freddie Mac Loans (PowerPoint)

For advocates newer to handling mortgage and foreclosure cases, gaining a clear understanding of the rules of loss mitigation is a crucial step. This intensive will cover the basics of loss mitigation terminology and the background loan modification rules for FHA and Fannie Mae and Freddie Mac mortgages. Understanding the rules that existed prior to the pandemic will allow advocates to better understand the pandemic-related overlays that have been created.

Template for Request for Information on Escrow Accounts

For advocates newer to handling mortgage and foreclosure cases, gaining a clear understanding of the rules of loss mitigation is a crucial step. This intensive will cover the basics of loss mitigation terminology and the background loan modification rules for FHA and Fannie Mae and Freddie Mac mortgages. Understanding the rules that existed prior to the pandemic will allow advocates to better understand the pandemic-related overlays that have been created.

Waterfall Worksheet - Flex Modification

For advocates newer to handling mortgage and foreclosure cases, gaining a clear understanding of the rules of loss mitigation is a crucial step. This intensive will cover the basics of loss mitigation terminology and the background loan modification rules for FHA and Fannie Mae and Freddie Mac mortgages. Understanding the rules that existed prior to the pandemic will allow advocates to better understand the pandemic-related overlays that have been created.

ALAS FHA Loss Mitigation Calculator

For advocates newer to handling mortgage and foreclosure cases, gaining a clear understanding of the rules of loss mitigation is a crucial step. This intensive will cover the basics of loss mitigation terminology and the background loan modification rules for FHA and Fannie Mae and Freddie Mac mortgages. Understanding the rules that existed prior to the pandemic will allow advocates to better understand the pandemic-related overlays that have been created.

ALAS GSE Flex Mod Calculator

For advocates newer to handling mortgage and foreclosure cases, gaining a clear understanding of the rules of loss mitigation is a crucial step. This intensive will cover the basics of loss mitigation terminology and the background loan modification rules for FHA and Fannie Mae and Freddie Mac mortgages. Understanding the rules that existed prior to the pandemic will allow advocates to better understand the pandemic-related overlays that have been created.

Pre-Conference Intensive B: Loan Mods 101, pt. 2 (Video)

For advocates newer to handling mortgage and foreclosure cases, gaining a clear understanding of the rules of loss mitigation is a crucial step. This intensive will cover the basics of loss mitigation terminology and the background loan modification rules for FHA and Fannie Mae and Freddie Mac mortgages. Understanding the rules that existed prior to the pandemic will allow advocates to better understand the pandemic-related overlays that have been created.

Pre-Conference Intensive B: Loan Mods 101, pt. 3 (Video)

For advocates newer to handling mortgage and foreclosure cases, gaining a clear understanding of the rules of loss mitigation is a crucial step. This intensive will cover the basics of loss mitigation terminology and the background loan modification rules for FHA and Fannie Mae and Freddie Mac mortgages. Understanding the rules that existed prior to the pandemic will allow advocates to better understand the pandemic-related overlays that have been created.

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Complaint, Polm v. Specialized Loan Servicing L.L.C. (Cal. Super. Ct. Feb. 1, 2019)

This session will discuss legal claims and strategies for dealing with long-dormant second mortgages that are suddenly back from the dead. We will discuss bringing claims in bankruptcy court and focus on FDCPA and UDAAP claims both in and out of bankruptcy court.

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Complaint (Butler v. Specialized Loan Serv., Inc.)

Recent case law updates regarding the proper scope of a Notice of Error and other hot topics. Overview of regulatory changes during the pandemic, sunset dates, and CFPB enforcement bulletins.

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Complaint, Vogan v. McMichael Taylor Gray, L.L.C. (D. Md. Mar. 5, 2020) (FDCPA and UDAP claims)

Many provisions of RESPA, Regulation X, TILA, and state law are not privately enforceable against mortgage servicers. However, the standards they establish may be used as the basis for claims brought under the FDCPA or state UDAP laws. This session will offer success stories and failures for what has worked and not worked in this arena on claims asserted against mortgage entities on individual and class-wide basis. Attendees will be provided sample complaints, checklists, and potential claims to consider and tips and tricks for developing new avenues.