NY State Bar MCLE (7 hrs credit)
June 30, 2012 | New York, NY
Sponsored by Certified Forensic Loan Auditors "CFLA"
13101 West Washington Blvd., Suite 140
Los Angeles, CA 90066
'The Nation’s Leading Forensic Audit Company Since 2007'
Our founding vision at CFLA was for Attorneys and Legal Professionals to utilize cutting edge trade secrets and industry professionals to assist them in the training, research, and work product development necessary to litigate on behalf of their homeowner clients. We brought together some of the best minds in the legal and technological fields to make this vision a reality. The result is CFLA, the leading, nationally recognized legal brand for law firms, attorneys, and small business in the United States.
Topics Presented Include...
History of Mortgage Securitization; Public Record Issues; Mortgagee is Usually Named as MERs; Assignment of Mortgage Not Until Default; Note Usually Names Original Lender as Payor; Separation of Promissory Note from Mortgage; UCC-3: & negotiable instruments (4 corner doctrine); UCC-9: & security instruments (requirement of written assignments; How Mortgages Are Securitized; Mortgage Securitizations: Private, Freddie Mac and FNMA; Understanding Tranches; REMIC Status; Credit Enhancements; Pooling and Servicing Agreement and the Investment Trusts; and much much more...
670 White Plains Road
Tarrytown, NY 10591
DIVINA WESTERFIELD, Esq. (IN & FL)
Nationally recognized Expert in Mortgage Securitization & Quiet Title, Licensed Attorney in Indiana, and Licensed Mortgage Broker in Florida
OLIVER HULL, Esq. (NY)
Foreclosure Defense Litigator with more than 20 years of Law Practice. Licensed in the State of New York, with Offices in NY, NY.
ANDREW LEHMAN, J.D. (CA)
Managing Member of CFLA.
$495.00 Early Registration until 06/29/12
$695.00 at the Door on 06/30/12
All professionals in the mortgage, real estate, legal, and finance professions involved in loan modifications, lender litigation, bankruptcy, short sales, mortgage auditing, or real estate law. (Homeowners Welcome, too!)
- Mortgage Securitization (9:00 a.m. – 10:30 a.m.)
- History of Mortgage Securitization
- Public Record Issues and National Mortgage Settlement
- What the public records show
- What can be filed under the NMS – questions whether cases are being addressed
- Mortgagee is Usually Named as MERs
- Assignment of Mortgages or Lack Thereof
- Note Usually Names Original Lender as Payor – Questions of Proper Indorsement
- Separation of Promissory Note from Mortgage – question of Supreme Court case vs. today’s decisions distinguishing such case
- How Mortgages Are Securitized
- Mortgage Securitizations: Private, Freddie Mac and FNMA
- Understanding Tranches
- REMIC Status
- Pooling and Servicing Agreement and the Investment Trusts
- Most Significant Issue: Closing Date of Trust
- Next Significant Issue: REMIC requirements
- Whistleblower Status
- Percentage of Trusts that Are Likely Ineffective
- UCC Issues
- UCC-3: negotiable instruments (4 corner doctrine)
- UCC-9: security instruments (requirement of written assignments)
Break 10:30 a.m. – 10:45 a.m.
- Securitization Audits (10:45 a.m. – 12:15 p.m.)
- Participants in Securitization are Identified
- Pooling and Servicing Agreement Requirements Of Note and Mortgage Transfers
- Significance of Transfer to MERS vs. Lender, then Depositor, then Sponsor/Seller, then Custodian and Trustee
- Review of Securitization Audit Screens and Meanings
- How To Use Audits in Litigation
Lunch 12:15 p.m. – 1:30 p.m.
- Success in New York: One of the Best Jurisdiction for Case Law (1:30 p.m. – 3:15 p.m.) taught by Oliver Hull, New York Licensed Attorney
- Cases Regarding Standing:
- HSBC Bank USA v. Hernandez
- Citigroup Global Markets Realty Corp. v Smith
- U.S. Bank National Association v. Bressler
- HSBC Bank USA v. Hagerman
- In re Mark Richard Lippold
- Bank of NY v. Silverberg
- Bank of N v. Alderazi
- Using Section 329
- Quiet Title (3:30 p.m. – 4:45 p.m.)
- What is Quiet Title: Declaratory Judgment (Put Up or Shut Up)
- Steps to Quiet Title Litigation:
- Title Search – Public Record Search
- Complaint for Quiet Title
- How to Use Securitization Audits in Litigation
- How to Use Forensic Loan Audits in Litigation
- Discovery Issues
- Settlement of Case or Judgment of Quiet title
- Principal Reduction
- Interest Reduction
- Credit Report – Paid as Agreed
- No 1099 in Settlement
- Judgment of Quiet Title:
- Free and Clear Property
- Unsecured Note
- Asset Protection
Summarize, Acknowledgements and Conclusions (4:45 p.m. – 5:00 p.m.)
Testimonials from Previous Bar Approved MCLE Seminars
"Great! Course was worth it in the first 90 mutes. Excellent information on both Securitization and quiet title. Knowledgeable Instructor. Divina is tops! Allowed excellent exchange among the class participants."
"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."
"Very useful knowledge to help homeowners discover new options."
"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."
"If you are serious about this business, this is the place to go."
"A must class for someone working on helping homeowners stay in their home."
"Good Class. Would recommend it to anyone involved in banking, real estate, finance or real estate litigation."
Dr. Kenneth Eugene Lehrer