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Conference Materials

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.

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.

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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.

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.

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.