March 31, 2012 | Las Vegas, NV
MCLE 6 hrs Nevada, California*
Course No. 5734A1-VR1
Presenters: Charles W. Christmas, Jr., Esq.
Arun Gupta, Esq. and Charles Powell, Esq.
Seminar Testimonials
"Charles Christmas and the CLFA team have done an excellent job in providing the necessary information for the homeowner to proceed more efficiently through a very difficult and complicated fight."
Sophia Monteroso
"Good Class. Would recommend it to anyone involved in banking, real estate, finance or real estate litigation."
Dr. Kenneth Eugene Lehrer
"Very useful knowledge to help homeowners discover new options."
Fuqual Bilal
"A must class for someone working on helping homeowners stay in their home."
Hermie Bacus
"If you are serious about this business, this is the place to go."
Han Seals
"Class was very informative; instructors were great! Information is greatly needed if you are facing foreclosure. CFLA was opened the doors for litigating these cases."
Rhonda Arellano
"I would highly recommend; with the evolution of the law in this area. It is highly important to get continued updates and to be part of a group to bounce ideas with for the good of the whole process."
Ken Rodman
Designed For...
This course is designed for seven groups of people. All will benefit in many ways. The seven groups are as follows:
- Attorneys who are practicing Bankruptcy and also want to litigate mortgage issues in the bankruptcy forum for homeowners
- Bankruptcy attorneys who are interested in partnering with litigating attorneys to assist in challenging mortgages on behalf of homeowners
- Litigating attorneys who are interested in partnering with bankruptcy attorneys to assist in challenging mortgages on behalf of homeowners
- Homeowners who are interested in becoming educated on more of the issues and strategies involved in successfully challenging mortgages
- Friends of Homeowners and members of the general public who desire to have a better understanding of the mortgage meltdown that has occurred in our country and how it can be effectively resolved to accomplish justice within our legal system
- Paralegals, secretaries, and legal assistants who work for any of the above listed attorneys or are otherwise independent
- Anyone who is performing audits for any of the above listed attorneys
Course Outline
- Introduction to the Seminar and the Current State of the Mortgage Crisis
- Background on How the Mortgage Crisis Occurred to Understand the Solutions
- Difficulties with Past and Current Approaches to Civil Mortgage Litigation
- Why Bankruptcy is the Legal Forum of Choice for Mortgage Litigation
- Practical Requirements for Bankruptcy Mortgage Litigation
- Surviving and Defeating the Motion to Lift Stay of Foreclosure Sale
- Finding the Evidence to Win in Bankruptcy
- Preparing for the Adversarial Hearing in Bankruptcy
- The Adversarial Hearing in Bankruptcy
- Quiet Title and the Importance of Res Judicata post Bankruptcy
Course Schedule
Instruction times will be strictly enforced for CLE compliance.
8:30 - 9:00 am – Coffee, Mixer, Registration and Welcome
This is an important time to renew old acquaintances, make new acquaintances, and examine various educational materials that will be available. The contacts that you make during this time will be valuable to you for the purpose of referrals and questions to other colleagues in the future.
Remember, in the field of Foreclosure Defense and Mortgage Litigation, the usual rules of competition and market share do not apply. In this field of law practice the prevailing rules are cooperation and collaboration because of the huge need that continues to be driven by the large number of homeowners who are in need of legal assistance to solve their particular mortgage situation.
9:00 - 10:30 am – Introduction and Current Overview of Mortgages 2001-2012. Review of Securitization and Mortgage Operations (90 minutes credit.)
Here we will examine some of the more recent cases, articles, court rulings, and legislation that have affected and continue to affect this field of law practice.
What are the recent developments in various states such as Illinois, New York, Florida, California, and other states. Come prepared to give input on some of the latest court and legislative happenings in your state.
What about Nevada Assembly Bill 284? What is the current state of Mortgage Mediation in Nevada?
One cannot adequately appreciate and apply the effective solution involved in debt relief from mortgages unless one understands how the problems were created in the first place. We will examine the securitization process in detail. How it was designed to work originally, and how that design was in fact abused, and why, and by whom it was abused.
10:30 - 10:45 am – Break for 15 minutes
10:45 - 12:15 pm – Difficulties with Civil Litigation and Finding the Legal Forum of Choice for Mortgage Litigation. Meeting the Practical Requirements for Debt Relief. (90 minutes credit)
We will look at the types of cases that have been filed in the civil courts, both State and Federal. We will talk about the results of those cases and the Judiciary and their approach to these cases. Most importantly we will address why they have taken the approach they have. To be truly successful in court litigation the successful attorney needs to understand where the judiciary is coming from in their approach and why.
We will address the Federal Bankruptcy Courts and why they are considered by many to be the legal forum of choice for both foreclosure defense and mortgage litigation for those many clients who are not facing a loss of their home, but are significantly upside down in value in relation to the amount of debt on their property. The prospects are that most of that value will not return anytime in the near or even distant future. Consequently, steps have to be taken now to address this situation. In December of 2012 the exemption for 1099 income tax from mortgage forgiveness will disappear. It is important that homeowners begin to take action now before it is too late.
It is important to fully understand how bankruptcy works, and what are the requirements for the client to take advantage of the protection and relief that is available in the Federal Bankruptcy system.
We will discuss an overview of bankruptcy in terms of which debts can be discharged and which debts cannot be discharged. We will help you determine if Bankruptcy is the right solution for your client.
We will discuss the Automatic Stay. We will speak about whether your client is eligible for Bankruptcy, and the requirements for Chapter 7 and the requirements for Chapter 13. How and when does Chapter 11 fit into the picture? We will look at the effect of prior bankruptcies, debt limits, income taxes, child support, and alimony payments.
We will discuss formulating your client’s Payment Plan, and the necessity for a Financial Management Course.
What is the Means Test, and how does your client pass this test? We will review the Bankruptcy Forms, how they are filed and the meeting with the Creditors.
We will reveal the strategies to win in the Bankruptcy forum.
12:15 - 1:45 pm – Lunch Break
Please use the lunch period as a time of valuable continued networking among your colleagues for future business opportunities and support.
Again, also use this time to examine the additional education materials provided by CFLA.
1:45 - 3:15 pm – Surviving Motion to Dismiss or Lift Stay, and Finding the Evidence to Win (90 minutes credit)
You can be assured that the Creditor of your client will make a Motion to lift the Automatic Stay in order for them to continue efforts to sell your client’s property. How do you defeat the motion of your opponent?
What evidence do you need to prevail for your client against your opponent’s motion to lift stay? Where do you find that evidence, and how do you best use that evidence to get the result you desire for your client?
How do the Securitization Audit and the Bloomberg Findings help you in your case? What can you do if you are unable to find the mortgage note in a mortgage backed securities trust? Are there other arguments to make?
3:15 - 3:30 pm – Break
3:30 - 5:00 pm – Preparing for Evidentiary Hearings and Adversarial Proceedings and Subsequent Quiet Title. Business Model for Foreclosure Defense & Mortgage Litigation (90 minutes credit)
What should be included in your motions for both the Evidentiary Hearing and the Adversarial Proceeding? How are these two events different from each other, and what purpose do they accomplish. What should you have as your goal to defeat the claims of the purported creditor?
How Bankruptcy findings support res judicata in civil actions
Refer to CFLA’s book and DVD on Quiet Title.
Open discussion on business models for foreclosure defense and mortgage litigation in Bankruptcy. Bring your best ideas to share.
5:00 - 5:30 pm – Paperwork and Closing Comments (30 minutes, no credit)
Total Time for Credit: 360 minutes. 5 hours currently approved and application for 6 hours credit has been submitted. |
