| FORECLOSURE FIASCO: DOCUMENTATION CHALLENGES AND POLICY SOLUTIONS
THIS PROGRAM IS NOW CLOSED-ROOM FILLED TO CAPACITY
CO-SPONSORS
Rappaport Center for Law & Public Service and Moakley Institute at
Suffolk University Law School
Flaschner Judicial Institute
Institute on Assets and Social Policy (IASP) at the Heller School
Massachusetts Bar Association
National Consumer Law Center
Real Estate Bar Association
Please Note: This course has already
been held.
Date: Friday, October 14, 2011
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 05:00 PM
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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ABOUT THE CONFERENCE During the lending heyday, money moved among borrowers, brokers, lenders and Wall Street with new-found speed. The same was not true for the paperwork for loans that entered the securitization pipeline. Then the subprime crisis hit and borrowers began defaulting. To foreclose, lenders and servicers needed loan documentation that contained the proper endorsements and assignments. Oftentimes, those materials did not exist or had disappeared altogether. Some lenders and servicers went straight to foreclosure and only later, if at all, secured the proof that they had the right to foreclose.
Questions surfaced across the country about lenders’ standing to foreclose and whether lenders were the real parties in interest. People who bought homes at foreclosure became skittish as questions arose about whether they had good title to the homes they had purchased. Title companies became concerned about their potential exposure. From the finance side, the threat of consumer lawsuits mounted.
In Massachusetts, the Land Court and Supreme Judicial Court, in U.S. Bank v. Ibanez, rejected the industry practice of issuing assignments of mortgages in blank, which further spooked lenders, servicers, title insurers and potential purchasers of property at foreclosure sales.
At this conference, we will explore policy responses that could alleviate the immediate fiasco created by problematic loan documentation and prevent a recurrence in the future. We will also address the challenges for lawyers, who represent borrowers, tenants, lenders, servicers, title companies, and people who buy homes at foreclosure sales.
BENEFITS OF ATTENDING - Learning how public policy initiatives could help unlock the foreclosure stalemate
- Understanding the implications of Ibanez and other significant Massachusetts cases
- Gaining a perspective on the challenges facing attorneys practicing in the wake of the documentation problems
- Acquiring practical knowledge about potential claims and defenses, both from the presentations and course material
WHO SHOULD ATTEND Policy-makers, lawyers, real estate personnel, title insurers, government regulators, students, consumer advocates, bankers, and curious people.
| S C H E D U L E / A G E N D A |
| 9:00 |
WELCOME AND INTRODUCTIONS |
Associate Dean Kathleen Engel, Chair
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| 9:15 |
IMPACT OF FACULTY LOAN DOCUMENTATION ON BORROWERS AND COMMUNITIES |
Attorney Andrew Garcia, Phillips & Garcia, LLP
Pat Hanratty, Pamet Ventures
Hannah Thomas, IASP, Heller School, Brandeis University
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| 11:00 |
WHAT CAN BE DONE TO ADDRESS THE CURRENT DOCUMENTATION PROBLEMS AND AVOID FUTURE FORECLOSURES FIASCOS |
MODERATOR
Professor Alasdair Roberts, Moderator, Rappaport Chair in Law and Public Policy
FORECLOSURE REFORM PROPOSALS
Barbara Anthony, Undersecretary, Office of Consumer Affairs & Business Regulation, Commonwealth of MA
Nadine Cohen, Managing Attorney, Consumer Rights Unit, Greater Boston Legal Services
Attorney Geoffry Walsh, National Consumer Law Center
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| 12:30 |
LUNCHEON AND KEYNOTE ADDRESS |
Gretchen Morgenson
Pulitzer Prize Winning Journalist, New York Times columnist and co-author of
Reckless Endangerment: How Outsized Ambition, Greed, and Corruption Led to Economic Armageddon
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| 2:00 |
FORECLOSURE DOCUMENTATION: THE CHALLENGE FOR LAWYERS |
MODERATOR
Professor William Berman, Suffolk University Law School
FRAMING THE ISSUES
Attorney Nadine Cohen, Greater Boston Legal Services
REPRESENTING LENDERS AND SERVICERS
Attorney Lawrence F. Scofield, Ablitt/Scofield, P.C.
REPRESENTING BORROWERS
Attorney Gina Braza, Alavi + Braza REPRESENTING TENANTS
Attorney Esme Caramello, Deputy Director, Harvard Legal Aid Bureau
REPRESENTING TITLE INSURERS
Elizabeth J. Barton, Title Counsel, CATIC
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| 3:45 |
IMPLICATIONS OF BEVILACQUA & IBANEZ |
MODERATOR
Associate Dean Kathleen Engel
PANEL
Honorable Ralph D. Gants, MA Supreme Judicial Court
Honorable Keith Long, MA Land Court
Professor Elizabeth Renuart, Albany Law School
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| Date: |
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Friday, October 14, 2011 |
| Tuition: |
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$65.00; $35.00 for nonprofits, government employees, academics and members of the MBA and REBA. The course materials for this program will be published electronically and will be sent to you prior to the conference. If you would like to purchase a hard copy, there will be an additional charge of $35.00. It will be sent after the conference.
CHECK PAYMENTS
If you would like to register with a check, the following link will lead you to a registration form. Please print out and send it along with your check to the address listed on the bottom of the form. Foreclosures Registration Form
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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If for some reason you are not able to attend, you may send a substitute or call no later than the business day before to receive a refund less a $15.00 cancellation fee. Otherwise, you will receive the course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in RI, NH, VT and ME.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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